Agenda packet — Seaside City Council, November 3, 2022 (part 2 of 2)

Packet Page 181
Seaside Fire Station Facility Needs Assessment 31
Program Report - March 07, 2022
6' Wide full height lockable
storage in hallway to
apparatus bay
6' - 0"
Includes EMS
and CPR
Supplies
3' - 0"
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"

11.0 MEDICAL SUPPLY STORAGE ALCOVE
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 23 of 47 ends

Packet Page 182
Seaside Fire Station Facility Needs Assessment 32
Program Report - March 07, 2022
Workbench w/ Space
Below for Bottles
App Bay
SCBA
Maintenance Door
11' - 0"
12' - 0"
(3) Modular Bottle Rack
for 12 Bottles Each
NOTE:

Bottle storage for 36
bottles total
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"
11A. SCBA/ SCBA STORAGE
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 24 of 47 ends

Packet Page 183
Seaside Fire Station Facility Needs Assessment 33
Program Report - March 07, 2022
DW
REF. REF. REF. DW
Stainless Steel
Sink - 2 Large & Deep
Upper Cabinets
Hood
Island
Sink Deep
Dayroom
4 Burner Stove w/Oven
w/ Auto Shut Off & Flat top Griddle
Kitchen
Dining
Base Cabinet for Training Storage
TV
Recliners
BBQ w/Auto Shut Off
Windows w. Blackout
Shades
Conduit from TV to Cabinet for Cables
Picture Bulletin
Boards
Microwave
Gas Reset Button
Gas Reset Button
To Patio
(3) Refrigerators
Device Charging Shelf
Surround Sound
System
20' - 0"
AB CG
Dishwasher (2)
Shift and General Pantries
Gas Auto Shut Off
Trash and Recycle
Quartz Countertop
22' - 0"
14' - 0" 11' - 0" 16' - 0"
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"
12,13,14.0 KITCHEN/DINING/DAYROOM
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 25 of 47 ends

Packet Page 184
Seaside Fire Station Facility Needs Assessment 34
Program Report - March 07, 2022
Noise Buffer at Walls Typ.

Washer/Dryer
Units
10' - 0"
Upper and
Lower Cabinets
Wash Tub
Sink
10' - 0"
Water Containment w/Drain
and Minimal Slope
DW
Mop Sink
Mop Hooks
Upper Cabinets
Full height
Cabinet
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"

15.0 LAUNDRY ROOM/JANITOR
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 26 of 47 ends

Packet Page 185
Seaside Fire Station Facility Needs Assessment 35
Program Report - March 07, 2022
20' - 0"
T.V. Mount 20' - 0"
Treadmill
Bike
Stair Machine
Rack w/ Bench
Magazine Rack
Pull Up Stand
Double Doors
Mat
Dumbell Rack
Sound System
Near Drinking
Fountain
Bench
Ceiling
Fan
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"

16.0 EXERCISE ROOM
As Much Daylight As
Possible
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 27 of 47 ends

Packet Page 186
Seaside Fire Station Facility Needs Assessment 36
Program Report - March 07, 2022
12' - 0"
10' - 0"
AB C
Night Table/Desk
Sound Rated
Window w/
Blackout Shades
Shelf and Pole
3 Full Height Lockers
30" Wide
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"

17.0 FIREFIGHTER BUNKROOM
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 28 of 47 ends

Packet Page 187
Seaside Fire Station Facility Needs Assessment 37
Program Report - March 07, 2022
4' - 0"
12' - 0"
8' - 0"
Sink with
Base Cabinet
for Cleaner
Supplies.

Floor Drain Below
Shower
Towel Bar
and Hooks
Shelf Above Bench
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"

18.0 FIREFIGHTER BATHROOM
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 29 of 47 ends

Packet Page 188
Seaside Fire Station Facility Needs Assessment 38
Program Report - March 07, 2022
Fixed Glass w/ Pass Thru
Lateral Files Below Counter
Lateral Files Below
18' - 0"
Upper Cabinets w/ Doors
Copier
14' - 0"
Full Height Cabinet
Half Wall
Lobby
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"

19.0 FIREFIGHTER WORK AREA
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 30 of 47 ends

Packet Page 189
Seaside Fire Station Facility Needs Assessment 39
Program Report - March 07, 2022
2' - 6"
6' - 0"
Upper Cabinets w/ Mail Slots
Base Cabinets
Hallway
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"
19A. MAIL ALCOVE
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 31 of 47 ends

Packet Page 190
Seaside Fire Station Facility Needs Assessment 40
Program Report - March 07, 2022
Lateral File Cabinet (6)
Below Counter
Overhead Shelving
Workstation - Stand
and Sit Capable
4-Person Conference Table
Lateral File Cabinet
Interior Window - or in Door
Wire for I-NET Viewer/
Weather Broadcaster
T.V.

Printer
12' - 0"
22' - 0"
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"

20.0 CAPTAIN'S OFFICE
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 32 of 47 ends

Packet Page 191
Seaside Fire Station Facility Needs Assessment 41
Program Report - March 07, 2022
12' - 0"
8' - 0"
Station ADA Restroom/
Treatment Room

WAITING
AREA
Display Wall
Reception Counter
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"

21.0 LOBBY/RECEPTION
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 33 of 47 ends

Packet Page 192
Seaside Fire Station Facility Needs Assessment 42
Program Report - March 07, 2022
7' - 0"
7' - 0"
49 SF
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"

22.0 PUBLIC RESTROOM - SINGLE
Packet Page 193
Seaside Fire Station Facility Needs Assessment 43
Program Report - March 07, 2022
27' - 0"
To Lobby
and
Restroom
Smart Podium
Display Board
Projector Screen
Whiteboard
Table and Chair
Storage and
Equipment
Hospitality
Locking Double Door
Storage
8' - 6"
Sink w/
Water
Dispenser
2' - 0" 8' - 6"
26' - 0"
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"

24.0 TRAINING/COMMUNITY ROOM
Madera Fire Station Master Plan
Draft Program - June 15, 2016

Page 36 of 47 ends

Packet Page 194
Packet Page 195

CONCEPTUAL EQUIPMENT

A N D F U R N I S H I N G S B U D G E T
5 Packet Page 196
Seaside Fire Station Facility Needs Assessment 47
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022

1.0 $36,300
$82,500
By Association
$3,850
$550
$4,950
Subtotal: $122,650 $0 $0 $5,500
By Association
Subtotal: $0 $0 $0 $0
$122,650 $0 $0 $5,500

2.0 Air connects on wall with hose (4 @ 275 each) $1,100 Tailpipe vehicle exhaust (4 drops @ $17,600 each) $70,400 $3,080
$770
Subtotal: $74,580 $0 $0 $770
Wall Map w/ poly-carbonate cover $550
Subtotal: $0 $0 $550 $0
$74,580 $0 $550 $770
2B
$11,000
$440
$385
$1,000
$330
Subtotal: $11,000 $0 $1,770 $385
City Provided/
Installed IT
General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
Emergency generator (49 HP, 20 KW or 30 KW max)
Gas BBQ
1,000 gallon above ground, integrated fuel tank
Listing and Description
Listing and Description General
Contract
City Provided
Contractor Installed
Air Compressor
Flagpole
Radio antenna mount on roof (3 @ $1650 each)
General
Contract
Work Room
City Provided/
Installed FF&E
Red 911 phone
Listing and Description
Wall phone (2 @ $385 each)
Grinder
Wall phone (1)

SITE OPERATIONS
Apparatus Bay
Equipment
Site Area

APPARATUS BAYS / APPARATUS BAY SUPPORT AREA
City Provided
Contractor Installed
City Provided/
Installed FF&E
Equipment
City Provided/
Installed FF&E
City Provided/
Installed IT
Furniture
Furniture
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
Site Area Total:

Patio Furniture
Listing and Description General
Contract
City Provided
Contractor Installed
Elect. Drops (4 @ $770 each)
Equipment
City Provided/
Installed IT
City Provided/
Installed IT
Apparatus Bay Total:

Shop Vac
Vise + Hard-wired Grinder
Packet Page 197
Seaside Fire Station Facility Needs Assessment 48
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022
$1,000
$4,400
$4,400
Subtotal: $0 $0 $9,800 $0
$11,000 $0 $11,570 $385
2C Wash Alcove
no equipment
Subtotal: $0 $0 $0 $0
no furniture
Subtotal: $0 $0 $0 $0
$0 $0 $0 $0
2D Air Fill SCBA Room
SCBA Air Fill Station $66,000
SCBA (racks to store 27 bottles) $2,000
Subtotal: $66,000 $0 $2,000 $0
no furniture
Subtotal: $0 $0 $0 $0
$66,000 $0 $2,000 $0
2E Hose Storage Room
Four Racks, 8' long, three-high @$3300 ea $13,200
Subtotal: $13,200 $0 $0 $0
no furniture
Subtotal: $0 $0 $0 $0
$13,200 $0 $0 $0
Furniture
Listing and Description General
Contract
Work Room Total:

Wash Sink Alcove Total:

Equipment
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
Flammable Storage Cabinet
Listing and Description
Work Bench (3'x6' - Butcher Block not fixed but no rollers.

Some cabinet doors and some open shelving below
Tool Chest w/ Tools
City Provided/
Installed FF&E
City Provided/
Installed IT
Equipment
Furniture
Furniture
Hose Storage Room Total:

Equipment
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
Listing and Description City Provided/
Installed IT
Furniture
Wash Sink Alcove Total:

General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
General
Contract
City Provided
Contractor Installed
Packet Page 198
Seaside Fire Station Facility Needs Assessment 49
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022
2F EMS Closet/Medical Supply Storage
$2,000
Subtotal: $0 $0 $2,000 $0
$3,300
Bio Hazard Bin $120
Subtotal: $3,300 $0 $0 $0
$3,300 $0 $2,000 $0
2G Janitor's Closet incorporated into Work Room-Shop
2H Apparatus Bay Restrooms
Sauna $0 by Association
Subtotal: $0 $0 $0 $0
no furniture
Subtotal: $0 $0 $0 $0
$0 $0 $0 $0

3.0 Response/Charging Alcove
$800
Subtotal: $0 $0 $800 $0
no furniture
Subtotal: $0 $0 $0 $0
$0 $0 $800 $0

4.0 $7,000
$4,000
Subtotal: $11,000 $0 $0 $0
no furniture
Subtotal: $0 $0 $0 $0
$11,000 $0 $0 $0
Charging stations
City Provided
Contractor Installed
Washer/Dryer
Clean-up sink
Clean Up / Wash Room
General
Contract Listing and Description City Provided/ Installed FF&E Response Alcove Total:

Listing and Description City Provided/
Installed IT
Equipment
General
Contract
City Provided
Contractor Installed
Equipment
Clean Up Room Total:

Furniture
Furniture
City Provided/
Installed FF&E
City Provided/
Installed IT
Equipment
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
Furniture
App Bay Restrooms Total:

Medical equipment charging
Storage Cabinets (6 @ $550 each)
Furniture
EMS Closet Total:

Equipment
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
Packet Page 199
Seaside Fire Station Facility Needs Assessment 50
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022

5.0 $5,500
Separate Budget
Subtotal: $0 $0 $0 $5,500
no furniture
Subtotal: $0 $0 $0 $0
$0 $0 $0 $5,500

6.0 Subtotal: $0 $0 $0 $0
no furniture
Subtotal: $0 $0 $0 $0
$0 $0 $0 $0

7.0 $1,000
Subtotal: $0 $0 $1,000 $0
no furniture
Subtotal: $0 $0 $0 $0
$0 $0 $1,000 $0

8.0 Extractor $16,500
$11,000
Subtotal: $27,500 $0 $0 $0
$35,000
Subtotal: $35,000 $0 $0 $0
$62,500 $0 $0 $0
Radio system (1), alarm, camera, PA system
Communication and Equipment Room
Listing and Description
Racks (2 @ 2750 each)
Listing and Description
Locker-Turnout Room Total:

City Provided/
Installed FF&E
City Provided
Contractor Installed
City Provided
Contractor Installed
Yard Equipment (Hoe, shovels, leaf blower, etc.)
Listing and Description
Listing and Description
Utility / Water Heater Room
Turnout cabinet dryer
General
Contract
no equipment
Yard Storage (attached to Ancillary Storage Building)
General
Contract
Locker Turnout Room
City Provided/
Installed FF&E
General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
General
Contract
City Provided/
Installed IT
City Provided/
Installed IT
City Provided/
Installed IT
City Provided/
Installed IT
Gear Grid Lockers (21 full height @ $1000 each) + 11 half size stacked 24"d x 30"w x72"h
Equipment
Equipment
Equipment
Furniture
Furniture
Utility-Water Heater Total:

Furniture
Communication Equipment Room Total:

Yard Storage Total:

Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
Furniture
City Provided
Contractor Installed
City Provided/
Installed FF&E
Equipment
Packet Page 200
Seaside Fire Station Facility Needs Assessment 51
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022
8A
Ice machine $4,000
Subtotal: $4,000 $0 $0 $0
$2,400
Storage Racks (6 @ $700 each) $4,200
Subtotal: $6,600 $0 $0 $0
$10,600 $0 $0 $0

FIREFIGHTER LIVING AREA

10.0 General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
$2,600
$1,200
$12,000
$4,000
$2,000
$7,200
Subtotal: $27,000 $0 $2,000 $0
Subtotal: $0 $0 $0 $0
$27,000 $0 $2,000 $0

11.0 TV - 48" $1,000
$385
Subtotal: $0 $0 $0 $385
Dining Table for ten $4,500
$2,800
Subtotal: $0 $0 $7,300 $0
$0 $0 $7,300 $385
Cache Storage
Listing and Description General
Contract
City Provided
Contractor Installed
High end commercial grade dishwasher (1 @ $2600 each)
Dining Area
Wall phone
City Provided/
Installed FF&E
High end residential grade 6-burner with griddle range
Kitchen
Listing and Description
High end residential grade vent hood
Residential grade microwave (1 counter + 1 shelf)
General
Contract
City Provided
Contractor Installed
City Provided/
Installed IT
Equipment
Furniture
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
City Provided/
Installed FF&E
Storage Cabinets (4 @ $600 each)
Cache Storage Total:

Equipment
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
Station supplies (dishes, pots, pans, etc.)
High end commercial grade refrigerators w/ ice maker, not water dispenser (3 @ $2,400 each)
No Furnishings
Furniture
Kitchen Total:

Packet Page 201
Seaside Fire Station Facility Needs Assessment 52
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022

12.0 $385
$1,500
Subtotal: $0 $0 $1,500 $385
$8,000
$1,200
Subtotal: $1,200 $0 $8,000 $0
$1,200 $0 $9,500 $385

13.0 $1,000
$2,000
Subtotal: $0 $0 $3,000 $0
no furniture
Subtotal: $0 $0 $0 $0
$0 $0 $3,000 $0
City Provided
Contractor Installed
City Provided/
Installed FF&E
Vacuum
Wall phone
General
Contract
Flat Screen TV surround sound speakers
General
Contract
City Provided/
Installed FF&E
Cleaning equipment (mops, buckets, etc.) (City Store )
Janitor / Utility Room
Listing and Description
Listing and Description City Provided
Contractor Installed
Recliner Chairs (8 @ $1000 each)
Day Room
Furniture
Janitor / Utility Total:

Equipment
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
City Provided/
Installed IT
Bulletin boards / marker boards (3 @ 400 each)
Furniture
Dayroom Total:

City Provided/
Installed IT
Equipment
Packet Page 202
Seaside Fire Station Facility Needs Assessment 53
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022

14.0 $35,000
$385
$1,500
$1,500
Subtotal: $1,500 $0 $36,500 $385
no furniture
Subtotal: $0 $0 $0 $0
$1,500 $0 $36,500 $385

FIREFIGHTER QUARTERS

15.0 $3,080
By association
Subtotal: $0 $0 $0 $3,080
General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
$8,000 $8,000
Armless Desk Chair (8 @ $200 each) $1,350
Wardrobe Lockers in each Dorm Room Built In $24,000
Night table (8 @ $200) $1,600
Subtotal: $32,000 $0 $10,950 $0
$32,000 $0 $10,950 $3,080
Wall phone
TV / VCR / Speakers
City Provided
Contractor Installed
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
Firefighter Dorm Rooms
Stair Machine
Exercise Room
Firefighter Dorm Rooms Total:

Phones (8 @ $350 each)
TV (8)
Bench (2)
Dumbbells and rack
Floor mat
Bench Rack
Pull Down Rack
Listing and Description
Listing and Description
Equipment
Furniture
General
Contract
Smith Machine
Bed (8 @ $1000 each) w/ box spring mattress, cover,
frame
Exercise Room Total:

Equipment
City Provided/
Installed FF&E
Elliptical (1)
Furniture
CAD Display-HDMI Drop
City Provided/
Installed IT
City Provided/
Installed IT
Stationary bike (2)
Free weight rack (1)
Packet Page 203
Seaside Fire Station Facility Needs Assessment 54
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022

16.0 Subtotal: $0 $0 $0 $0
$400
$4,000
Subtotal: $4,000 $400 $0 $0
$4,000 $400 $0 $0

ADMINISTRATION AND RECEPTION AREA

19.0 $14,000
$1,540
$400
Subtotal: $0 $0 $0 $15,940
$1,400
$150
$400
$5,000
Subtotal: $5,400 $150 $1,400 $0
$5,400 $150 $1,400 $15,940

20.0 Entry Lobby
Subtotal: $0 $0 $0 $0
Subtotal: $0 $0 $0 $0
$0 $0 $0 $0
Crew Office Total:

Equipment
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
General
Contract
City Provided
Contractor Installed
No equipment
No furniture
Furniture
Entry Lobby Total
Armless Desk Chairs (4 @ $350 each)
Work station desk - Built In
Furniture
City Provided
Contractor Installed
City Provided/
Installed FF&E
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
Listing and Description City Provided/
Installed FF&E
Phones (4 @ $385 each)
Printer-Copier-Scanner (1 @ $400 )
Crew Office
Firefighter's Toilet / Shower Room
Listing and Description
Listing and Description
General
Contract
Computer Workstations (4 @ $3,500 each) w/ keyboard,
mouse, monitor, tower
City Provided/
Installed FF&E
General
Contract
City Provided
Contractor Installed
City Provided/
Installed IT
City Provided/
Installed IT
City Provided/
Installed IT
No Equipment
Paper towel dispenser / waste basket (4 @ $100)
Towel bars, towel hook, toilet paper dispenser (4 @
$1000 each)
Equipment
City Provided/
Installed IT
Equipment
Furniture
Firefighter Toilet / Shower Room Total:

Bulletin board / white board
Trash can, clock
Packet Page 204
Seaside Fire Station Facility Needs Assessment 55
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022

21.0 $7,000
$770
$350
Subtotal: $0 $0 $0 $8,120
$700
$400
$1,500
$400
$2,500
Subtotal: $2,900 $0 $2,600 $0
$2,900 $0 $2,600 $8,120

22.0 $3,000
Subtotal: $3,000 $0 $0 $0
$2,000
Subtotal: $0 $0 $2,000 $0
$3,000 $0 $2,000 $0

23.0 $1,000
Subtotal: $1,000 $0 $0 $0
no furniture
Subtotal: $0 $0 $0 $0
$1,000 $0 $0 $0
Furniture
City Provided/
Installed FF&E
City Provided
Contractor Installed
City Provided
Contractor Installed
City Provided/
Installed IT
Restroom Total:

Equipment
Equipment
Furniture
City Provided/
Installed FF&E
General Storage Total:

Heavy Duty shelving units - Built In
Listing and Description General
Contract
General Storage
Public Restrooms
Towel bars, towel rack, toilet paper dispenser (1 @
$1200 each)
Listing and Description General
Contract
City Provided/
Installed IT
Supplies (ex. paper towels, toilet paper)
Equipment
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
Company Officer Offices (2)
Armless Desk Chairs (2 @ $350 each)
Trash can, clock
Bulletin board / white board
Work station desk - Built In
Company Officer Office Total:

Guest Chairs (4)
Computer Workstations (2 @ $3,500 each) w/ keyboard,
mouse, monitor, tower
Phones (2 @ $385 each)
Desk Top Printer
Furniture
Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
Packet Page 205
Seaside Fire Station Facility Needs Assessment 56
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022

24.0 $3,500
$8,000
$5,500
$8,000
$525
Subtotal: $0 $21,500 $0 $4,025
$150
$4,800
$10,500
Subtotal: $0 $150 $15,300 $0
$0 $21,650 $15,300 $4,025

24.1 $700
$700
Subtotal: $0 $0 $1,400 $0
no furniture
Subtotal: $0 $0 $0 $0
$0 $0 $1,400 $0
Equipment
Furniture
General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
Table Storage Dolly
Table and Chair Storage Total:

Listing and Description General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
City Provided/
Installed IT
Tables (16 @ 300 each)
Chairs (60 @ 175 each)
Furniture
Training Room Total:

Equipment
Conference Phone (1 @ $525 each)
Chair Storage Dolly
Smart board
Smart Podium (1 @ $5,000 each)
Table and Chair Storage
Listing and Description
Flat Screen TV - 80" (2)
Community-Training Room
Listing and Description General
Contract
City Provided
Contractor Installed

COMMUNITY-TRAINING ROOM
Computer (w/ mouse, keyboard, tower, etc.)
City Provided/
Installed FF&E
Trash can, clock
City Provided/
Installed IT
City Provided/
Installed IT
Packet Page 206
Seaside Fire Station Facility Needs Assessment 57
Program Report - March 07, 2022
Seaside Fire Station No. 2
Equipment and Furniture List
3/7/2022
SITE OPERATIONS $122,650 $0 $0 $5,500
APPARATUS BAY $207,280 $0 $7,570 $6,655
FIREFIGHTER LIVING AREA $28,500 $0 $43,000 $1,155
FIREFIGHTER QUARTERS $0 $0 $0 $3,080
ADMINISTRATION AND RECEPTION $8,300 $150 $6,000 $0
COMMUNITY-TRAINING ROOM $0 $150 $15,300 $0
$366,730 $300 $71,870 $16,390
Owner Provided Total
SITE OPERATIONS $0 $0 $0 $0
APPARATUS BAY $44,900 $0 $10,350 $0
FIREFIGHTER LIVING AREA $1,200 $0 $15,300 $0
FIREFIGHTER QUARTERS $36,000 $400 $10,950 $0
ADMINISTRATION AND RECEPTION $8,300 $150 $3,400 $0
COMMUNITY-TRAINING ROOM $0 $150 $15,300 $0
$90,400 $700 $55,300 $0
Owner Provided Total
SITE OPERATIONS $122,650 $0 $0 $5,500
APPARATUS BAY $252,180 $0 $17,920 $6,655
FIREFIGHTER LIVING AREA $29,700 $0 $58,300 $1,155
FIREFIGHTER QUARTERS $36,000 $400 $10,950 $3,080
ADMINISTRATION AND RECEPTION $16,600 $300 $9,400 $0
COMMUNITY-TRAINING ROOM $0 $300 $30,600 $0
$457,130 $1,000 $127,170 $16,390
Owner Provided Total
Direct Costs Total
$144,560
Direct Costs Total
$56,000
Total Cost Summary General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
Furniture Cost Summary General
Contract
City Provided
Contractor Installed
City Provided/
Installed FF&E
Direct Costs Total
City Provided
Contractor Installed
$88,560
General Equipment Cost Summary ContractCity Provided/
Installed FF&E
City Provided/
Installed IT
City Provided/
Installed IT
City Provided/
Installed IT
Packet Page 207

CONCEPTUAL

F A C I L I T Y P R O J E C T B U D G E T
6 Packet Page 208
Seaside Fire Station Facility Needs Assessment 61
Program Report - March 07, 2022
The Following is a Conceptual Project Budget for the
initial cost of constructing the new Fire Stations. The Budget includes:

Conceptual Project Budget
Initial Construction “Hard“ Costs
Building and Site bid cost
Initial Construction “Soft“ Costs
Fees, Permits, Design Cost, Contingencies,
Initial Construction “Soft“ Costs
NOTE: At the time of this report, the construction industry is becoming increasingly impacted which is increasing construction cost over time.

This is due to passage of state education bonds, increased residential and commercial construction, etc. Based on this, Fire Station construction cost may increase substantially as station are built at later dates.

Packet Page 209
Seaside Fire Station Facility Needs Assessment 63
Program Report - March 07, 2022
Seaside Fire Station
DRAFT - Conceptual Construction Budget
March 4, 2022
A. Building
Type A: Simple Finishes QUANT UNIT BASE COST TOTAL SOURCE 2,880 SF
Hose Rack Room 192 SF
Work Room 300 SF
Wash Sink Alcove 12 SF
Ice Machine Alcove 0 SF
Response Alcove 24 SF
Clean Up 110 SF
T.O. Cleaning 95 SF
Cache 150 SF
Utilitiy Room 100 SF
Communications Room 100 SF
Compressor 90 SF
Turn Out Locker Room 540 SF
Medical Supply 90 SF
Jan/Mechanical 120 SF
EMS Closet 60 SF
Air Fill 153 SF
SF
Type A Total Area: 5,016 $630 $3,160,080 RRM/Saylor
40%
Type B: Standard Office Type Finishes QUANT UNIT BASE COST TOTAL SOURCE Dining 204 SF
Dayroom 376 SF
Exercise Room 400 SF
DC Dorm Room 120 SF
Firefighter Dorm Rooms (8) 960 SF
Crew Office 198 SF
PD Substation 120 SF
Training Officer 120 SF
Captain's Office (2) 240 SF
Reception Area / Lobby 160 SF
General Storage 84 SF
Hospitality 20 SF
Mail Alcove 18 SF
Library 18 SF
Closet (2) - Community Room 75 SF
Community Room 980 SF
Vestibule 132 SF
Type B Total Area: 4,225 $640 $2,704,000 RRM/Saylor
33%
Type C: Intense Finish Systems QUANT UNIT BASE COST TOTAL SOURCE App Bay Restroom (2) 176 SF
Kitchen 255 SF
Laundry Utility 96 SF
Firefighter Restroom 384 SF
Public Restrooms 128 SF Assumess Unisex RR
SF
Type C Total Area: 1,039 SF $650 $675,350 RRM/Saylor
8%
Building Square Footage Subtotal 10,280 SF $6,539,430
Circulation and Structure 23% 2,388 SF $640 $1,528,320
Building Square Footage Total: 12,668 SF $8,067,750
cost per square foot: $637
A.1 Support Building
Type D: Anscillary QUANT UNIT BASE COST TOTAL SOURCE
Storage App Bay 40' X 40' 1,600 SF
Secondary Storage 12' X 40' 480 SF
SF
SF
SF
SF
Type C Total Area: 2,080 SF $270 $561,600 RRM/Saylor
12%
Fire Station Area 12,668 SF $8,067,750
Support Building Area 2,080 SF $0 $561,600
Building Square Footage Total: 16,903 SF $8,629,350
Apparatus Bays - (2) 72' deep bays
Packet Page 210
Seaside Fire Station Facility Needs Assessment 64
Program Report - March 07, 2022
Seaside Fire Station
DRAFT - Conceptual Construction Budget
March 4, 2022
B. Equipment and Furnishings

QUANT UNIT COST TOTAL SOURCE
Building and Site Equipment 1 LS $88,560 $88,560 Budget Building and Site Furnishings 1 LS $56,000 $56,000 Budget FF&E Design Contingency (10% of budget) 10% % $144,560 $14,456 % Equipment and Furnishings Subtotal: $159,016
C. On-Site Improvements

QUANT UNIT COST TOTAL SOURCE
Site Paving - Drive Area 32,093 SF $27 $866,511 Budget
Site Paving - Pedestrian 10,068 SF $21 $211,428 Budget
Site Improvements Including: 48,500 SF $17 $824,500 Budget Site Final Grading and Pad Preparation
Site Drainage
Hose layout Area
Fuel Refil area
Utilities and Lighting
Landscape and Irrigation
Perimeter Site Walls - Masonry/Decorative Fencing
Site Gate (two - automatic)
Trash Enclosure
Generator Enclosure
Flag Pole 1 LS $5,500 $5,500 RRM
Above Ground Fuel Tank - 1,000 Gallons 1 LS $41,000 $41,000 RRM Emergency Generator 1 LS $80,000 $80,000 RRM
On-Site Design Contingency (10% of budget) 10% % $1,902,439 $190,244 % $856 On-Site Improvements Subtotal: $2,219,183
D. Off-Site Improvements - Site Specific

QUANT UNIT COST TOTAL SOURCE
Street Frontage Improvements -Curb and Gutter in front of Site Only 1 LS $300,000 $300,000 Budget Off-Site Contingency (10% of budget) 10% % $300,000 $30,000 % Off-site Improvements Subtotal: $330,000
E. Fees

QUANT UNIT COST TOTAL SOURCE
Arch/Engineering 10% % $10,616,933 $1,061,693 Budget
LEED™ Design, Certification 0 LS $48,400 $0 Not Selected LEED™ Commissioning 0 LS $0 $0 Not Selected
Comissioning Agent 1 LS $35,000 $35,000 Req. if over 10,000 SF Utility Hook-up Fees 1 LS $75,000 $75,000 Utility Budget Impact Fees:

Storm Draing Dev. Fee - Estimate 1.0 LS $12,000 $12,000 City To Confirm Sewer Dev. Fee - Estimate 1 LS $26,000 $26,000 City To Confirm Water Dev. Fee - Estimate 1 LS $80,000 $80,000 City To Confirm Traffic Impact Fee - Estimate 12,668 SF $1,280 $162,150 City To Confirm Construction Management 8% % $10,616,933 $849,355 Budget, Anticipated Geotechnical Investigation 1 LS $35,000 $35,000 Budget
Site Survey 1 LS $15,000 $15,000 Budget
Materials Testing and Special Inspection 1 ls $40,000 $40,000 Budget Fee Contingency (5%) 10% % $2,391,198 $239,120 %
Fees Subtotal: $2,630,318
Packet Page 211
Seaside Fire Station Facility Needs Assessment 65
Program Report - March 07, 2022
Seaside Fire Station
DRAFT - Conceptual Construction Budget
March 4, 2022
F. Owner Systems, Administration and Contingency

QUANT UNIT COST TOTAL SOURCE
City Admin Cost 1 LS $90,000 $90,000 City to Confirm
Fire Administration Cost 0 LS $70,000 $0 By Fire
Planning Dept.- CUP, Design Review, CEQA 1 LS $30,000 $30,000 Based on City Meeting 1 LS $140,000 $140,000 Based on City Meeting
1 LS $80,000 $80,000 Based on City Meeting
Building Dept.-Permit Fees 1 LS $75,000 $75,000 Based on City Meeting School Impact Fees-(Commercial) 12,668 sf $0.00 $0 Not Anticipated Site Acquisition Costs 0 LS $0 $0 Site Provided
Traffic Report 1 LS $12,000 $12,000 Budget
Moving Costs 1 LS $3,000 $3,000 Budget
Neighborhood Meeting/Dedication Ceremony 1 LS $2,000 $2,000 By Developer Communications
Radio Tower 0 LS $180,000 $0 Not Required
Phone System 1 LS $40,000 $40,000 Budget
Radio System 1 LS $50,000 $50,000 Budget
Data Systems 1 LS $55,000 $55,000 Budget
Security System/ Cameras 1 LS $18,000 $18,000 Budget
Owner System Contingency (10% of budget) 10% % $595,000 $59,500 Budget Construction Contingency (10% of A, C, D) 10% % $10,616,933 $1,061,693 % Owner Systems, Administration and Contingency Subtotal: $1,716,193 Contract Division Totals:

A. Main Building: $8,067,750
A.1. Support Building: $561,600
B. Equipment and Furnishings $159,016
C. On-Site Improvements $2,219,183
D. Off-site Improvements $330,000
E. Fees $2,630,318
F. Owner Systems, Administration and Contingency $1,716,193 Contract Division Subtotal: $15,684,060
G. Market Escalation (6.5% per year) to mid-point of Construction - 18 mo. $1,105,411 Timeframe to be confirmed Conceptual Construction Budget: $16,789,471
Area Cost per SF
Additional Cost For Carports: 2,750 SF $50 $ 137,500
Additional Cost For Concrete Drive at Training Area: 39,520 SF $27 $ 1,067,040 Does not include training props
Note: Solar Panels are not included in this budget and may be added at a later date. Building is desiged to support them.

CEQA - Support Reports Budget
CEQA - processing
Packet Page 212

CONCEPTUAL

PROJECT SCHEDULE
7 Packet Page 213
Seaside Fire Station Facility Needs Assessment 69
Program Report - March 07, 2022
Seaside Fire Station No. 2 - Conceptual Schedule
1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 Phase 1 - Planning and Project Assessment
Task 1.1 Fire Station Conceptual Program and Budget
Fire Station Conceptual Site and Floor Plan Layout
Conceptual Design - Massing
Conceptual Project Budget
Task 1.2 Review Meeting and Schematic Design Package
Discretionary Review Process
Plan Updates and Planning Review Planning Approval
Phase 2 - Design Development and Construction Documents Task 2.1 Design Development
Preliminary Cost Estimate
City/Design Team Review Meeting Team Review
Task 2.2 Construction Documents - 100%
Cost Estimate
City/Design Team Review Meeting
Task 2.3 Permitting
Building Dept Review
Incorporate Building Dept Comments
Building Dept Review
Phase 3 - Bidding Phase
Task 3.1 Bidding
Phase 4 - Construction and Project Completion
Task 4.1 Construction Administration - 14 months anticipated Task 4.2 Record Drawings and Project Closeout
Team Meeting
Public Meeting
Bid Award Period
Notes:

1. City durations are projections from the City. Timing is dependent on the City.

2. Starting Design Development prior to Discretionary Review is at client risk. 3/7/2022 Year 1 Year 2 Year 3
Packet Page 214

PROPOSED

SITE PLAN
7 Packet Page 215
Seaside Fire Station Facility Needs Assessment 73
Program Report - March 07, 2022

APP BAY
2880 SF
WORK

ROOM/SHOP
300 SF
SINK
6 SF

AIR FILL
153 SF COMPRESSOR
90 SF

JAN/MECH
120 SF

EMS CLOS
60 SF

APP BAY

RESTROOM
88 SF

CLEAN UP/WASH
RM
110 SF
CACHE
150 SF UTIL
100 SF
LOCKER

TURNOUT ROOM
540 SF
T.O. CLEANING
95 SF
COMMS
100 SF

MED SUPPLY
90 SF

KITCHEN
255 SF

DINING AREA
204 SF

DAY ROOM
376 SF

UTIL/LAUND
96 SF

EXERCISE ROOM
400 SF
FF

TOLIET/SHOWER
DC DORM RM 96 SF
120 SF

GENERAL

STORAGE
84 SF

COMMUNITY
ROOM
980 SF

FF DORM RM
120 SF FF DORM RM
120 SF

FF DORM RM
120 SF

FF DORM RM
120 SF FF DORM RM
120 SF
FF

TOLIET/SHOWER
96 SF FF

TOLIET/SHOWER
96 SF

APP BAY

RESTROOM
88 SF

HOSE RACK
220 SF
40' - 0"
5' - 0"
6' - 6"

RECEPTION

AREA/LOBBY
160 SF

CREW OFFICE
198 SF

CO OFFICE
110 SF
PUBLIC

RESTROOM
64 SF

CO OFFICE
110 SF
PUBLIC

RESTROOM
64 SF

STOREAGE APP
BAY
1600 SF

C-TRAIN
360 SF

CLOSET HOSPITALITY
CLOSET
55 SFRESPONSE
ALCOVE
SINK

RESPONSE
ALCOVE
TRASH
FF

TOLIET/SHOWER
96 SF

HOSE RACK
ROOM
38' - 0"
460' - 0"
406' - 0"
EV EV
EV EV

ROOF PROP
600 SF

DRAFT PIT
200 SF
43' - 0"
32' - 0"
60' - 0"
60' - 0"
80' - 0" 60' - 0"
40' - 0" 60' - 0"
TOWER
2ND
STORY 1ST STORY
STAIR

DRIVING TRAINING

VEHICLE

EXTRACTION
AREA
EV EV

EV EV FH
FUEL
TANK
GEN
ELEC
MAIN

SECURITY
GATE
PUBLIC

PARKING
(18)

COMMUNITY
PATIO

WORKOUT
PATIO
FF
PATIO
FF

PARKING
(14)

REAR APRON FRONT APRON

LANDSCAPE

COVERED

PARKING

W/SOLAR
SITE AREA: 161,382 SF (3.7ac)
FIRE STATION FOOTPRINT: 12,668 SF
TRAINING FOOTPRINT: 58,806 SF

STORAGE/

SECONDARY DORM

FF DORM RM
120 SF

FUTURE PROP
600 SF

PD SUBSTATION
110 SF

TRAINING

OFFICER
110 SF

FUTURE PROP
600 SF

BIOSWALES

PG&E GAS LINE

WATER MAIN

TEMP STORM

DRAINAGE

BIOSWALES

MAY BE UTILITIES
30' - 0"24' - 0"
38' - 0"
6' - 0"
SEASIDE FIRE STATION SCHEMATIC SITE PLAN W/TRAINING A-00 1ST AVE AND GIGLING RD 2598-01-CI21
Packet Page 216
Seaside Fire Station Facility Needs Assessment
Program Report - March 07, 2022
SEASIDE FIRE STATION SCHEMATIC SITE PLAN W/TRAINING A-00 1ST AVE AND GIGLING RD 2598-01-CI21 Edited By Kimley Horn & Associates - July 18, 2022 Packet Page 217
<PROJECT NAME>>
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION PROJECTS
(INSERT PROJECT TITLE)
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and [insert consultant name], a [sole proprietorship, partnership, limited liability partnership, 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 <<INSERT DATE>> and shall remain and continue in effect until tasks described herein are completed, but in no event later than <<INSERT DATE>>, 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
Packet Page 218
<PROJECT NAME>>
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 B, 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 __________________________ dollars ($ .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
Packet Page 219
<PROJECT NAME>>
Rev. 1/18 Page 3 COS Design PSA
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue 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.

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 Packet Page 220
<PROJECT NAME>>
Rev. 1/18 Page 4 COS Design PSA
computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

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 D attached to and part of this Agreement.

Packet Page 221
<PROJECT NAME>>
Rev. 1/18 Page 5 COS Design PSA

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the Agency a wholly independent Consultant. The personnel performing the services under this 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.

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
Packet Page 222
<PROJECT NAME>>
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.
[The following paragraph is only to be used when the Agency will be taking in a fee or deposit from an applicant and use that fund to retain the consultant to prepare an EIR, Specific Plan, or some other specific document or where the Agency is funding a similar development-type study]
(c) Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an Packet Page 223
<PROJECT NAME>>
Rev. 1/18 Page 7 COS Design PSA
officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the Agency or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the Agency or the study area prior to the completion of the work under this Agreement.

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

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: _________________________
_________________________
_________________________

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, ____________________ shall be the Project Manager and Engineer of Record for the services described in this Agreement. ____________________ 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 ____________________ 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 Packet Page 224
<PROJECT NAME>>
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for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

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

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

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

21. WORK SCHEDULED/TIME OF COMPLETION
[This section is optional and should be included only when the project is particularly time-sensitive.]
Agency and Consultant agree that time is of the essence in this Agreement.

Agency and Consultant further agree that Consultant's failure to perform on or at the times set forth in this Agreement will damage and injure Agency, but the extent of such damage and injury is difficult or speculative to ascertain.

Consequently, Agency and Consultant agree that any failure to perform by Consultant at or within the times set forth herein shall result in liquidated damages of ________________ dollars ($_______) per day for each and every day such performance is late. Agency and Consultant agree that such sum is reasonable and fair. Furthermore, Agency and Consultant agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code.

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<PROJECT NAME>>
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22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit "C" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "D" 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: __________________
By: ______________________________ Date:_________________ <PRINT NAME>, <TITLE>
City of Seaside
A Municipal Corporation
______________________________ Date:_________________
Jaime Fontes, City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Consultant Proposal
Exhibit C Insurance Requirements
Exhibit D Request for Proposal (if applicable, delete if no RFP) Packet Page 226
<PROJECT NAME>> EXHIBIT A

EXHIBIT A

SCOPE OF WORK
Packet Page 227
<PROJECT NAME>> EXHIBIT C

EXHIBIT C

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.

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<PROJECT NAME>> EXHIBIT C
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.

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<PROJECT NAME>> EXHIBIT C
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.

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<PROJECT NAME>> EXHIBIT C
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.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Victor Damiani, Finance Director
DATE: November 3, 2022
SUBJECT: ADOPT A RESOLUTION EXPRESSING OFFICIAL INTENT
REGARDING FIRE STATION NO. 2 CAPITAL EXPENDITURES TO

BE REIMBURSED FROM PROCEEDS OF TAX-EXEMPT

OBLIGATIONS IN AN AMOUNT NOT TO EXCEED
$20,993,811.00.

RECOMMENDATION
Adopt a resolution expressing official intent regarding Fire Station No. 2 capital expenditures to be reimbursed from proceeds of tax-exempt obligations in an amount not to exceed $20,993,811.00.

BACKGROUND
In September of 2021, the City Council approved moving forward with a conceptual architectural design, budget and space needs assessment of a second fire station at Gigling Road and First Avenue. The decision was made after an extensive fire station location study was conducted by City Gate Associates LLC.

In March of 2022, the City Council approved the conceptual architectural design drawings for a second fire station; to include a site plan, budget, and space needs assessment, direct staff to move forward with environmental review on the designated site located at Gigling Road and First Avenue, and begin RFP for full architectural design of Seaside's second fire station.

The City Council approved $1,100,000.00 in the Fiscal Year 2022-2023 budget for the Fire Station #2 architectural design. The design phase was put out to bid in August of 2022 and the City is ready to award the contract pending Council approval.

In order for the City to be able, at some time in the future, reimburse itself for the costs Packet Page 234

Item No. 8.K. Page 2 of 2
of the fire station with proceeds of tax-exempt debt, the City Council needs to adopt a resolution indicating that it intends to so finance the costs. The resolution does not commit the City to completing the financing, but will allow for later tax-exempt borrowing if that is what the City determines is appropriate in the future. The maximum principal amount of the obligations expected to be issued for the Project is $20,993,811. The maximum amount of the possible future financing includes the conceptual budget amount presented to the Council in March of 2022 plus a 25% reserve to cover any possible bond issuance costs.

FISCAL IMPACT
This resolution provides the City with financial flexibility by allowing certain costs expended by the City to be reimbursed from the proceeds of tax-exempt debt that may be issued in the future.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 235
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE EXPRESSING OFFICIAL INTENT REGARDING FIRE STATION #2 CAPITAL

EXPENDITURES TO BE REIMBURSED FROM PROCEEDS OF A TAX-EXEMPT

OBLIGATION
WHEREAS, the City of Seaside is proceeding with the design and construction of a fire station as described in Exhibit A hereto (the “Project”); and WHEREAS, all or a portion of the expenditures relating to the Project (the “Expenditures”) (i) have been paid within the sixty days prior to the passage of this Resolution or (ii) will be paid on or after the passage of this Resolution; and WHEREAS, the City reasonably expects to reimburse itself for the Expenditures with the proceeds of an obligation, the interest on which will be excluded from the gross income of the owner or owners of such obligation.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Seaside, as follows:
1) The City reasonably expects to reimburse the Expenditures with proceeds of one or more obligations to be issued by the City.
2) The maximum principal amount of the obligations expected to be issued for the Project is $20,993,811.
3) This Resolution is a declaration of official intent to reimburse expenditures pursuant to United States Treasury Regulations Section 1.150-2. 4) This Resolution shall take effect upon its adoption.

PASSED AND ADOPTED at the regular meeting of the City Council of the City of Seaside duly held on the 3rd day of November 2022 by the following vote:

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

DESCRIPTION OF THE FIRE STATION
Fire Station #2 will be located at Gigling Road and First Avenues in the City of Seaside. The Fire Station will include the following buildings:

Fire station building: 12,668 sq ft
Fire station support building: 2,080 sq ft.

Fire station site area: 90,680 sq ft
Fire training site area: 58,806 sq ft
Adjacent landscape open space area around the fire station: 11,869 sq ft. Total site area: 161,382 sq ft or 3.7 acres
The Fire Station will include the following additional features: a 50-person community room. The room can also serve as a classroom or large conference room. There will be dedicated parking for the community with electric vehicle hook ups. The fire station will have a police department substation for positive community interactions and report writing.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: November 3, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICES AGREEMENT WITH CSG CONSULTANTS INC IN THE
AMOUNT OF $70,000.00 FOR DEVELOPMENT REVIEW

SERVICES FOR THE GRAND HYATT SEASIDE RESORT HOTEL TO

BE REIMBURSED BY THE DEVELOPER

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a professional services agreement with CSG Consultants Inc in the amount of $70,000.00 for development review services for the Grand Hyatt Seaside Resort Hotel.

BACKGROUND
The Grand Hyatt Seaside Resort Hotel is being developed by Seaside Acquisition Group.

The project will construct a seven level, 337,668 square feet single building hotel with 330 guest rooms, conference center with meeting rooms, restaurant, lobby bar, service kitchen, administrative offices, spa and fitness, and service and circulation areas. The outdoor area proposes an outdoor swimming pool adjacent to the south level of the hotel building. Surface parking for the proposed hotel property and golf course will be located largely between the hotel and the golf clubhouse to the west. Additional parking will be available within an overflow parking lot located along General Jim Moore to the east as originally approved and valet parking on Level one below the event center.

McClure Way, a two-way road, will also be improved, and it will provide access to the surface parking lot and valet parking on the west side of the hotel and the overflow parking on General Jim Moore Boulevard. Some other associated improvements include water, sewer, and storm drain lines, and storm treatment devices. The project is scheduled to start construction in December 2022.

The project will require development review services, and the level of effort required to Packet Page 239

Item No. 8.L. Page 2 of 2
review the plans and engineering reports for a project of this size exceeds the current resources of the Engineering Division. Staff requested proposals from two firms on our pre-qualified on-call list for land development review. Staff selected CSG Consultants Inc (CSG) based on their familiarity with performing engineering plan review for large projects in this area and the completeness of their proposal.

CSG provided a proposal for plan and map review for all submittals from tree removal and rough grading plans through final civil engineering plans and maps in the amount of $70,000.00. Services are to be paid on a time and materials basis according to the CSG 2022 rate schedule.

Staff recommends adopting a resolution (Attachment 1) authorizing the City Manager to execute a professional services agreement (Attachment 2) with CSG in the amount of $70,000.00 for development review services for the Grand Hyatt Seaside Resort Hotel.

FISCAL IMPACT
A professional services agreement with CSG Consultants Inc. will have no fiscal impact on the General Fund. The City's adopted fee schedule requires the Developer to pay actual costs for engineering review for commercial and multi-family developments greater than 1 acre in size. The City is further entitled to recover the actual costs associated with inspection of such public improvements. Expenses associated with the professional services agreement with CSG will be charged to a deposit account no. 601- 2313 funded by the Developer.

Projects of this size and complexity have the potential to encounter unforeseen conditions requiring specialized review. Staff recommends the City Council authorize the City Manager to execute amendments, to be funded by Developer deposits to a professional services agreement in the amount of $10,000.00.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 240
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS INC IN THE AMOUNT OF $70,000.00

TO PROVIDE PLAN REVIEW SERVICES FOR THE GRAND HYATT SEASIDE

RESORT HOTEL
WHEREAS, the Grand Hyatt Seaside Resort Hotel is being developed by Seaside Acquisition Group (Developer); and
WHEREAS, the Developer is planning on submitting tree removal and grading plans in early November 2022; and
WHEREAS, the level of effort and specialized skills necessary to review and comment on the plans and reports exceeds the current resources of the City Engineering Division; and
WHEREAS, on March 18, 2021, the City approved an on-call list for land development review services for a period of 3 years with optional two one year extensions; and
WHEREAS, the CSG Consultants Inc (Consultant) is included on the on-call land development review services list; and
WHEREAS, on October 7, 2022, CSG submitted a proposal to provide plan and map review services for the Grand Hyatt Seaside Resort Hotel Project; and WHEREAS, staff have reviewed the proposal and determined the scope services and fees are reasonable; and
WHEREAS, the Developer may need to submit additional plans and reports requiring the specialized skills of the Consultant; and WHEREAS, in accordance with the City’s adopted fee schedule, the Developer is responsible for the actual costs incurred by the City for the review of engineering documents; and
WHEREAS, deposit account no. 601-2313 has been established for the tracking of costs incurred by the City to process the Project, and the Professional Services Agreement will be funded from said deposit account; and Packet Page 241
WHEREAS, a development of this size and complexity has the potential to encounter unforeseen conditions requiring the specialized services of the Consultant; and WHEREAS, an amount of $10,000 contingency, approximately 14% of the professional services agreement, should be authorized on an as needed basis; and WHEREAS, a total contract amount of $80,000.00, to be funded by Developer deposits, is estimated to be sufficient to address unforeseen conditions requiring specialized review.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby authorizes the City Manager to execute a professional services agreement with the CSG Consultants Inc. in the amount of $70,000.00 and any future amendments to the agreement such that the total contract value does not exceed $80,000.00.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 3rd day of November 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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GRAND HYATT HOTEL PLAN & MAP REVIEW
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CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT

GRAND HYATT HOTEL PLAN & MAP REVIEW
THIS AGREEMENT, is made and effective November 3, 2022 between the City of Seaside, a municipal corporation ("Agency") and the CSG Consultants Inc., a California 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 November 3, 2022 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

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5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, 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 SEVENTY THOUSAND DOLLARS ($70,000) 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.

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7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue 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 original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon Packet Page 245

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reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

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

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the Agency a wholly independent Consultant. The personnel performing the services under this 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.

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.

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GRAND HYATT HOTEL PLAN & MAP REVIEW
Rev. 1/18 Page 6 COS Design PSA

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

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 sub-consultants, 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.

GRAND HYATT HOTEL PLAN & MAP REVIEW
Rev. 1/18 Page 7 COS Design PSA
requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: CSG Consultants Inc._______
550 Pilgrim Drive__________
Foster City, CA 94404_______
Att: Dave Rubcic, P.E.________

Mark Lander 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 Mark Lander 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.

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Rev. 1/18 Page 8 COS Design PSA

21. WORK SCHEDULED/TIME OF COMPLETION
Agency and Consultant agree that time is of the essence in this Agreement.

Consultant shall perform as described in Exhibit A.

22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "A" 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.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
(Signatures on next page)
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GRAND HYATT HOTEL PLAN & MAP REVIEW
Rev. 1/18 Page 9 COS Design PSA
CONSULTANT: CSG Consultants_________
A California Corporation
By: ______________________________ Date:_________________ Name & Title: ________________________
City of Seaside_______________________
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Fee Breakdown
Exhibit C Insurance Requirements
Exhibit D Request for Proposal
Packet Page 251
550 Pilgrim Drive
Foster City, CA 94404
phone 650.522.2500
fax 650.522.2599
www.csgengr.com
FOSTER CITY | PLEASANTON | SAN JOSE | SACRAMENTO | NEWMAN | FRESNO | PASO ROBLES | ORANGE October 7, 2022
Nisha Patel, PE
Public Works Director/City Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
RE: Grand Hyatt Hotel - Proposal for Plan and Map Review

Dear Ms. Patel, PE:

CSG Consultants, Inc. (CSG) is pleased to present this proposal to assist the City of Seaside (City) with the review of the construction-related plans including the Grading and Drainage Plan, Tree Removal Plan, Improvement Plan, and Final Map for the Grand Hyatt Hotel (Project).

The scope of work will consist of:
• review Rough Grading and Drainage plans
• review the preliminary stormwater control plan as it relates to the Low Impact Development requirements for the Central Coast Regional Water Quality Control Board • review tree removal plan with the replacement ratio of 1:1. • review of Improvement Plans for public and private facilities, including offsite road and utility improvements
• review of Construction Cost Estimate
• review of Storm Water Report
• review of Final Map
Work to be performed under this proposal is expected to include, but not be limited to, the following:
1) Review of the Rough Grading and Drainage Plan
2) Review of the Conditions of Approval and Vesting Tentative Map as it relates to infrastructure improvements and the Grading and Drainage of the project site 3) Review of the Hydrologic and Hydraulic Analysis for the project. 4) Review of the Stormwater Control Plan.
5) Review of the Tree Removal Plan.
6) Review of On-Site and Off-site Improvement Plans
7) Review of the Joint Trench Plan and Landscape Plans (Conformance to Civil Plans Only) 8) Review of the Final Map.
9) Preparation of draft comment letters.
10) Quality Assurance/Quality Control Review (QA/QC)
11) Pre-submittal meetings and support related to submittals 12) Progress meeting with staff to review comments.
13) Preparation of a final draft comment letter.
14) Follow-up meetings with staff and applicant.
15) Completion of a second, third, and final review.

EXHIBIT A
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2 Work will be completed under the supervision of Mark Lander, P.E., who will serve as point of contact.

Other CSG staff will assist as needed.

Our fee for performing the work described above will be on a time and materials basis, based on our 2022 Standard Fee Schedule in an amount not to exceed $70,000.

A breakdown of the costs by staff and task is attached. Hours and costs by task may be adjusted between tasks and other staff may be utilized as needed provided the total fee amount is not exceeded.

We understand that the submittals will be phased with the Tree Removal plan being submitted first, followed by the Rough Grading and Drainage Plan, then the Improvement Plan and Final Map. We anticipate that one initial review, a second review, a third review and one final review will be sufficient for each of the plan sets. Additional reviews may be needed if the project resubmittal and review of previously reviewed plans is required because of changes or added conditions during the life of the project. Each submittal will be made formerly to the City by the applicant, and similarly, review comments for each submittal will be issued to the City, with a copy to the applicant upon request. For the initial review, work will be completed within 15 work days from the authorization to proceed. Subsequent reviews will be completed within 10 work days of receiving the plans and supporting documents. We have included time for meeting with City staff and the applicant to discuss plan check comments. If additional reviews are required, CSG will complete the reviews if there is budget remaining under the estimated amount, or on an hourly basis for an additional fee, if the estimated amount is exceeded.

Thank you for considering CSG for this work. We look forward to working with you on this project. Please feel free to call me at (650) 522-2500 if you would like to discuss this further.

Sincerely,
__
____________________
Mark Lander, P.E.

Senior Principal Engineer
Cc: David Rubcic, PE, PLS
Sophie Truong, PE, PLS
Karma Beckman

Attachments
Fee Breakdown

EXHIBIT A
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City of Seaside
Grand Hyatt Hotel 10/7/2022
Tree Removal Plan, Grading Plan, Improvement Plan, Final Map Task
Senior
Principal
Engineer
Principal
Engineer
Associate
Engineer
Initial Review
Review of Tree Removal Plan 1 4
Review of On-Site Rough Grading and Drainage Plan 2 20
Review of On-Site Improvement Plan 4 24
Review of Joint Trench (Conformance Only) 1 2
Review of Landscape Plans (Conformance Only) 1 2
Review fo Off-Site Improvement Plan 2 8
Review of Final Map 2 8 24
Review of Support Documents
Conformance review of COA and VTM as it relates to
infrastructure improvements and grading for Phase 3
4 2 2
Review of amendments to SWPPP (2 amendment allowance) 8 Review of Hydrologic and Hydraulic analysis 1 4
Review of Storm Water Control Plan 2 4
Review of Construction Cost Estimate 1 4
Review of Geotechnical Report 1 8
Review of Title Report 2
Pre-submittal Support
Meetings with City Staff and Design Team 2 2 2
Review of Preliminary documents 2 2 2
Comment Letters
Preparation of Draft Comment Letter
Tree Removal Plan 1 2
Rough Grading and Drainage Plan 1 2
Improvement Plan 2 4
Final Map 4
QA/QC of Initial Review (4 plans 2- hrs each) 8
Progress Meeting with Staff to review comments 2 2
Preparation of a final comment letter (4 plans 1.5 hrs each) 2 2 2 follow-up Meeting with Staff and applicant 2 2 2
Subtotal: 44 24 132
2nd Review
Tree Removal Plan 1 2
Review of Rough Grading and Drainage Plan 2 4
Review of Improvement Plan 2 12
Review of Final Map 4 12
Comment Letters
Preparation of Draft Comment Letter
Tree Removal Plan 2
Rough Grading and Drainage Plan 1 2
Improvement Plan 1 2
Final Map 2
QA/QC of 2nd Review (4 plans 2- hrs each) 3
Progress Meeting with Staff to review comments 2 2
Preparation of a final comment letter (4 plans 1.5 hrs each) 2 follow-up Meeting with Staff and applicant 2 2
Subtotal: 14 12 36
3nd Review
Tree Removal Plan 2
Review of Rough Grading and Drainage Plan 1 2
Review of Improvement Plan 2 8
Review of Final Map 1 2 6
Comment Letters
Preparation of Draft Comment Letter
Rough Grading and Drainage Plan 1
Tree Removal Plan 1
Improvement Plan 2
Final Map 2
QA/QC of 3rd Review (4 plans 1- hrs each) 4
Progress Meeting with Staff to review comments 1 1
Preparation of a final comment letter (4 plans 0.5 hrs each) 2 follow-up Meeting with Staff and applicant 1 1
Subtotal: 10 8 22
Final Review
Tree Removal Plan 1
Rough Grading and Drainage Plan 1
Improvement Plan 2
Final Map 2
Final Submittal Review of Above Materials incl. QA/QC 4 Final Letter to City 2
Subtotal: 4 4 4
Total Hours 72 48 194
Hourly Rate $ 260 $ 240 $ 180
Cost $ 11,520 18,720 $ 34,920 $
Total Hours 314
Total Fee Estimate $ 65,160
Hours

EXHIBIT B
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GRAND HYATT HOTEL PLAN & MAP REVIEW EXHIBIT C

EXHIBIT C

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

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

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

GRAND HYATT HOTEL PLAN & MAP REVIEW EXHIBIT C
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.

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.

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GRAND HYATT HOTEL PLAN & MAP REVIEW EXHIBIT C
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.

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 Packet Page 257

GRAND HYATT HOTEL PLAN & MAP REVIEW EXHIBIT C
endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Pass through clause. Consultant agrees to ensure that its sub-consultants, 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.

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RFQ_Develop_Review_20.12.17.docx Print 12/18/2020

REQUEST FOR QUALIFICATIONS

PROFESSIONAL SERVICES

LAND DEVELOPMENT PROJECTS REVIEW
DECEMBER 21, 2020
The City of Seaside is requesting proposals from qualified firms to provide professional services to review documents for proposed land development projects within the City of Seaside, hereinafter referred to as “the Projects.” The selected firm, hereinafter referred to as “the Consultant," will be responsible for reviewing technical documents for the Projects. The City of Seaside intends to select up to three firms with which to negotiate a contract based on the responses to this Request for Qualification (RFQ). Selection will be based on demonstrated expertise in providing support to public works departments.

I. BACKGROUND
The City of Seaside is located approximately 115 miles south of San Francisco and 73 miles south of San Jose. The City of Seaside encompasses a total area of approximately nine square miles. Seaside is the largest city on the Monterey Peninsula with 33,878 residents. A large part of the City of Seaside's area, 6.44 square miles, lies within the former Fort Ord military base.

From time to time, the City of Seaside may contract with outside consultants to assist with processing larger and complex development projects. This RFQ is intended to provide such additional resources for the Public Works Engineering Department.

II. PROPOSED SCOPE OF WORK
The primary objective of the work is to review documents for the Projects. The proposed scope of services may include the following:
• Perform additional investigations including field investigations as may be required to determine existing conditions. This may include preparing a report to describe the existing facilities.
• Review engineered plans, reports, technical specifications, and engineer’s cost estimates for the proposed improvements.
• Review maps including parcel, tract maps and other documents associated with adjustments, mergers or changes to property boundaries. • Prepare review comments citing, if necessary, federal, state, and local standards and regulations.
• Review and prepare documents as required by California Environmental Quality Act. • Provide project support during the planning and design phase. • Provide project support during the construction phase. • Provide status reports that accurately communicate budget and schedule to city staff in a timely manner.

EXHIBIT D
Packet Page 259
Request for Qualifications
Seaside Land Development Review
2 The ideal candidate has a good working knowledge of the following documents:

1. State Water Resources Control Board (SWRCB) Water Quality Order No. 2013- 0001-DWQNational Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004 and Construction General Permit Order 2009-009-DWQ and their amendments

2. Central Coast Regional Water Quality Control Board (CCRWQCB) Low Impact Development Standards, including but not limited to Resolution No. R3-2013-0032

3. CCRWQCB Technical Support Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, User Guide for Municipal Implementation

4. Fort Ord Reuse Authority (FORA) Base Reuse Plan & Habitat Management Plan.

5. California Subdivision Map Act

6. City of Seaside Municipal Code

7. California Environmental Quality Act (CEQA) & National Environmental Policy Act (NEPA)
Attachment A contains a copy of the Standard Consultant Agreement, which includes standard terms and conditions and insurance requirements applicable to the performance of this work.

III. FORM AND CONTENT OF PROPOSAL
Proposals should clearly state respondent’s qualifications. In reviewing the proposals, the City of Seaside considers the quality of the proposal to be reflective of the potential quality of the work the Consultant is able to perform. The ability of the Consultant to clearly and concisely convey information will be considered in the review process. Consultants are encouraged not to submit lengthy and overly wordy proposals.

The SOQ will be limited to 15 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 15 page limit A) A brief description of the consultant’s firm, including the year the firm was established, type of organization (partnership, corporation, etc.), and a statement of the firm’s qualifications for performing the subject consulting services.

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

C) A project summary list with descriptions of the proposed team’s experience working for public entities.

D) A list of references of relevant clients, including a contact person with their current telephone number and email address.

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Request for Qualifications
Seaside Land Development Review
3 All proposing firms must be professionally engaged in the project management and review of land development projects with experience in the public sector for a minimum of five (5) years.

At a minimum, Consultants must employ qualified individuals who are licensed and/or otherwise qualified in the following disciplines:

1. Licensed Professional Civil Engineering (PE)

2. Licensed Land Surveyor or PE licensed prior to January 1, 1982

3. Construction General Permit Qualified SWPPP Practitioner (QSP) and Qualified SWPPP Developer (QSD)

4. Construction cost estimating/value engineering, and

5. Project management.

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

Scott Ottmar, Senior Engineer
City of Seaside – Engineering Division
Email: [email protected]
Phone: (831) 899-6885
Any request for a formal written clarification or correction of a discrepancy or an omission in this RFQ must be received by the City of Seaside at least three (3) business days prior to the proposal due date.

V. SUBMITTAL OF PROPOSALS
SOQs must be received by 2:00 PM January 20, 2020 at the following address:

Scott Ottmar, Senior Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
SOQ received after this deadline will not be accepted. The SOQ and any accompanying documents may be submitted via email to [email protected], in Adobe pdf format. Cost information shall be included in a separate PDF, password protected file and titled “Standard Hourly Fees” and included with the same email as the proposal. City of Seaside will request the password.

Optionally, three bound copies, plus one electronic copy submitted on CD or USB flash drive may be submitted in a sealed envelope with the words "Proposal for Professional Services” clearly marked in the lower left-hand corner of the envelope. Cost information shall be placed in a separate, sealed envelope within the proposal envelope.

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Request for Qualifications
Seaside Land Development Review
4 All material submitted in accordance with this RFQ becomes property of the City of Seaside and will not be returned.

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

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

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

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

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

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

6. Responsiveness. Ability to perform services at City of Seaside City Hall at a fair and reasonable cost. Ability to respond to request for service in a timely manner.

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

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

Upon the selection by the City Council, consultant(s) may or may not be called upon by the City of Seaside to provide services.

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

Release of RFQ December 21, 2020
Receipt of Proposals January 20, 2021 at 2:00 PM
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Request for Qualifications
Seaside Land Development Review
5 Interview Consultant(s), if necessary week of February 1, 2021 Retain Consultant(s) February 18, 2021
Start of Contract March 1, 2021
IX. ACCEPTANCE OR REJECTION OF PROPOSAL
The City of Seaside reserves the right to accept or reject any and all proposals. The City of Seaside also reserves the right to waive any informality or irregularity in any Qualifications.

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

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

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

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

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

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

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

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

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

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

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

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

XVII. 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.

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

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

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

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

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

2. Modify and re-issue the RFQ;

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

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

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

F. While it is the intent of the City of Seaside to proceed with this project, this solicitation does not obligate the City of Seaside to enter into an Agreement. The City of Seaside retains the right to cancel this RFQ at any time. No obligation either expressed or Packet Page 265
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Seaside Land Development Review
8 implied, exists on the part of the City of Seaside to make an award or to pay any cost incurred in the preparation or submission of an RFQ.

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

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

XIX. ATTACHMENTS
Attachment A – Draft Consultant Agreement
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SAMPLE CONTRACT

LAND DEVELOPMENT REVIEW SERVICES
Rev. 2/19 Page 1 COS PSA- Short Form

CITY OF SEASIDE

PROFESSIONAL SERVICES AGREEMENT

LAND DEVELOPMENT REVIEW SERVICES
This agreement is made by and between the City of Seaside (City), and _____________________ (Consultant).

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

C. Compensation: The City shall pay consultant on a time and materials basis in accordance with the standard billing rates shown in Exhibit B, attached hereto, not to exceed XXX dollars($YYY).

D. Expense Reimbursement: City will reimburse for professional services and expenses at cost upon submission of receipts.

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

F. Term: The term of this agreement shall commence on ______________ and terminate <date>.

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

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

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

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

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

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

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 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.

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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.

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

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

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

L. Ownership of Work Product:
a. Ownership of all imagery, reports, data, studies, surveys, charts, memoranda, and any other documents which are developed, compiled, or produced as a result of this agreement, whether or not completed, shall vest with the City.
b. Materials developed under this agreement are the property of the City and may be used by the City as it sees fit, including the right to distribute, review or publish the same without limitation.
c. The City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

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

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be otherwise agreed to in writing between the City Engineer and the Consultant.

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

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

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

Approved:

Dated: ______________, 2020 Consultant: _________________________ By: _____________________________
Title: _____________________________
Address: ____________________________
_____________________________
Dated: _____________, 2020 City of Seaside:
_______________________
By: Craig Malin
Title: City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Consultant’s Proposal

ATTACHMENT A
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Haroon Noori, Administrative Analyst II
DATE: November 3, 2022
SUBJECT: ADOPTION OF AN ORDINANCE MODIFYING SEASIDE
MUNICIPAL CODE SECTIONS 17.52.251 AND 17.52.252

PERTAINING TO SHORT-TERM RENTAL PROGRAM (FIRST

READING - ROLL CALL VOTE)

RECOMMENDATION

1. Introduce and hold first reading of an Ordinance to amend Seaside Municipal Code Sections 17.52.251 and 17.52.252 pertaining to Short-term Rentals; and

2. Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.

BACKGROUND
On July 21, 2022, the City Council received an update on the Short-term Rental Program, considered staff recommended changes to the program, and directed staff to return a revised ordinance for Council consideration. The City Council provided direction as follows:
 Adopt a 90-license cap on non-hosted STR licenses (hosted STR licenses would remain unlimited);
 Implement a waitlist program and charge a non-refundable waitlist fee;  Change license expiration to June 30th with a 2-month renewal window;  Disallow late license renewals (so that failure to renew by June 30th results in license relinquishment) and incorporate grounds for non-renewal;  Require neighborhood noticing upon initial application only and reduce the distance for noticing to 60 feet from 100 feet and require that the City send the notice instead of the applicant;
 Require site inspections upon initial application and also upon every other renewal, to be completed by third-party independent licensed general contractor Packet Page 274

Item No. 9.A. Page 2 of 6
using a building safety checklist provided by the City;  Change adult guest occupancy limit for non-hosted STR sites to two adults per bedroom plus one additional adult;
 Remove business license requirement and roll over associated fees into the STR application and licensing fees;
 Require display of a placard that includes license number, contact information, occupancy, and parking limits.

DISCUSSION
Following the City Council meeting, City staff conducted additional research on the proposed changes to ensure they are effective, practical, fair, and consistent with zoning laws and best practices. In addition to the City Council direction, staff has identified and incorporated additional changes into a draft ordinance.

On October 26, 2022, the draft ordinance was presented to the Planning Commission for review and deliberation. Following discussion and public comment, the Planning Commission adopted a resolution (attachment B) recommending that the City Council adopt the proposed ordinance with two additional changes, including capping guest occupancy and coordinating with Homeowner’s Associations (HOA’s). Table 1 below provides a summary of the proposed changes:

Issue Type Current
Regulations
Proposed Changes
Transient Use
Definition
less than 30
consecutive days
30 consecutive days or fewer
License Cap None
 Non-hosted STR Licenses will be subject to
City-wide cap of 90 licenses.
 Hosted STR Licenses to remained
unlimited.

Density Limits None
 New Non-hosted STR Licenses will be
subject to a one per parcel limit and a 55-
foot Zone of Exclusion limit (i.e. no new
Non-hosted STR license to be issued
within 55 linear feet from the parcel
boundary lines of an existing Non-hosted
STR license).
 Hosted STR Licenses will not be subject to
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these Density limits.

Waiting List None The City will implement a waiting list program for new Non-hosted STR license applications in the
event a license is not available under the cap
limit. The property must comply with density
requirements at the time of application for the
waiting list. The City will charge a non-refundable
fee.

Renewal
Deadline
Rolling deadline All STR licenses to expire on June 30th with a 2- month renewal window. Failure to renew by June
30th results in license relinquishment.

Late
Renewals
Allowed with
payment of late
fee
Late renewals will be disallowed. Failure to renew
by June 30th results in license relinquishment.

Proposed ordinance incorporates grounds for
non-renewal.

Noticing Applicant shall
post a notice on
site and mail to
neighbors within
100 ft upon
initial application
and renewal.

Upon initial application of both Hosted and Nonhosted STR license, the City will notify the owners of real property located within 55 feet of
the property boundaries of the proposed Shortterm Rental.

Property
Inspections
Required upon
initial application
and every four
years. City
conducts
inspections and
charges a fee.

Inspections will be required upon initial
application and then upon every other renewal
(i.e. 2-year intervals). Inspections to be
completed by third-party independent licensed
general contractor using a building safety
checklist provided by the City.

Guest
Occupancy
Building Official
determines guest
occupancy
Two adults (aged 18 or older) per bedroom plus
one additional adult per site, up to a maximum of
9 adults for homes with 4+ bedrooms. However,
the City’s Building Official may increase or
decrease the final occupancy limit permitted on
the Transient Use Site based upon the
characteristics of individual Transient Use Sites.

Vehicle Limits None Maximum number of vehicles allowed at a Shortterm Rental (both on- and off-street) cannot Packet Page 276

Item No. 9.A. Page 4 of 6
exceed the total number of bedrooms included in
the rental.

Business
License
Required Obtaining a business license will not be required.

Display of
Placard
Not required Posting of a City-issued placard in a location visible at the front entrance will be required.

In addition to the above changes, staff has also made other non-substantive changes for additional clarity. For example, staff has removed section 17.52.252 and merged its content into relevant sections of section 17.52.251. Additional changes include proper capitalization, and usage of standard definitions for consistency purposes.

On October 26, 2022, this Ordinance was considered by the Seaside Planning Commission. The Planning Commission recommended that the City Council approve the Ordinance with two additional recommendations:

1. Consider placing a cap limit on the maximum number of occupants at larger homes; and

2. Coordinate with Seaside Homeowner’s Associations (HOA’s) as to the City’s Short-term Rental regulations.

To respond to the first of these concerns, staff has modified the Ordinance to include a maximum of nine adults for any STR, even if the residence has more than four bedrooms. Staff has not proposed any amendments to the Ordinance to address the second concern – however, staff will modify the application and/or license forms to include an affidavit to be signed by the applicant acknowledging that obtaining an STR license from the City does not absolve them of responsibility to comply with any requirements that may be included in an HOA or private Conditions, Covenants, and Restrictions (CC&Rs).

PRELIMINARY ADMINISTRATIVE PROCEDURES MANUAL
Staff has developed a preliminary working draft of an administrative procedures manual (attachment C) for processing STR applications, renewals and licenses. STR administrative procedures manual which sets forth specific administrative procedures for implementing the revised STR ordinance. The proposed ordinance along with the administrative procedures will streamline license renewal and provide better “tools” for the City’s code enforcement effort, while making program requirements straightforward to the public. Staff may update the administrative procedures manual depending on additional City Council feedback. These materials are provided as an informational piece and no action is required for these items.

IMPLEMENTATION TIMELINE
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Item No. 9.A. Page 5 of 6
The Ordinance will go into effect 30 days following the final adoption of the Ordinance by the Council. New license applications will be required to meet the new regulatory standards. All existing licenses will undergo a special one-time renewal by the end of the calendar year. The purpose of this process is to update City records, collect pastdue fees, and issue updated licenses, which will collectively expire on June 30, 2023. All license holders will be required to renew their license(s) again in May and June 2023 for the subsequent Fiscal Year 2023/2024. The City will begin accepting applications for the waitlist as soon as administratively possible upon adoption of the revised ordinance.

Non-hosted STR licenses will be issued up to the cap limit on a first-come, first-serve basis. Applications received after the license cap limit is maxed out will be placed on the waiting list.

City staff has also begun the process of phasing out all modules of Host Compliance except address identification and compliance monitoring which helps the City identify illegal short-term rentals. City staff has also identified a new licensing software - iWorQ Systems Inc. ("iWorQ") - for license management, fee collection, and tracking complaints and inspections. iWorQ will allow the City to design the database based on the City’s unique program requirements. City staff will be able to collaboratively manage 100% of the STR program data. iWorQ also offers a public-facing citizen portal for enhanced program transparency.

CEQA
On June 21, 2018, the City Council of the City of Seaside adopted an Initial Study and Negative Declaration to evaluate the potential environmental impacts associated with Transient Use and Short-Term Rent. The IS/MND concluded the ordinance would not have a significant effect upon the environment. The proposed amendment would make minor revisions to STR regulations and will not result in any significant impacts.

FISCAL IMPACT
The City receives approximately $500,000.00 in STR TOT revenues per year. Setting a lower cap limit would reduce potential STR TOT revenues; however, since the cap is proposed at a higher number than the existing number of STRs currently licensed, it is not expected to result in a decrease in currently collected revenues. Increasing the number of regulations could increase City Code Enforcement costs – however these costs could be mitigated or exceeded through collection of citation and cost recovery fees. Switching from Host Compliance to an alternative platform will result in improved fee collection, which will increase other program revenues (i.e. application and license renewal fees) to offset the costs of any additional City staff time and resources that may be needed. The net fiscal impact produced by these changes could be positive or negative, but is expected to be minor.

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ATTACHMENTS

1. Attachment A- Proposed STR Ordinance

2. Attachment B - Planning Commission Resolution

3. Attachment C - Draft STR Administrative Procedures Manual

4. STR Neighborhood Notice Sample

5. STR Placard Sample

6. STR License Template
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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ORDINANCE NO. 22-XXX

AN ORDINANCE OF THE CITY OF SEASIDE
AMENDING SEASIDE MUNICIPAL CODE SECTIONS 17.52.251 AND 17.52.252

PERTAINING TO SHORT-TERM RENTALS
WHEREAS, In 2018, the City Council of the City of Seaside adopted Ordinances 1053 and 1054 to regulate short-term rentals (STR); and
WHEREAS, In 2020, the City Council of the City of Seaside received an update on the STR program and adopted Ordinance 1083 repealing and amending Ordinances 1053 and 1054 pertaining to short-term rentals; and
WHEREAS, The establishment of an appropriate City regulatory program coupled with quantitative cap and other limits can best address negative impacts on the quality and character of the City's residential neighborhoods and on the availability and affordability of housing; and
WHEREAS, The City Council finds adoption of a comprehensive code to regulate issuance of and conditions attached to short-term rental licenses is necessary to protect the public health, safety, and welfare; and
WHEREAS, The City Council deems the establishment of an appropriate City regulatory program necessary to regulate this sector; and
WHEREAS, After a duly noticed public hearing on July 21, 2022, the City Council received a an update on the program, considered staff recommended changes and directed staff to return with a first reading of the revised STR ordinance; WHEREAS, After a duly noticed public hearing on October 26, 2022, the Planning Commission reviewed the proposed amendments and adopted a resolution recommending the City Council adopt an ordinance amending Seaside Municipal Code Sections 17.52.251 and 17.52.252 pertaining to Short-Term Rentals;
WHEREAS, After a duly noticed public hearing on November 3, 2022, the City Council and approved the first reading of Ordinance 22-___ ; and WHEREAS, After a duly noticed public hearing on ______________, 2022, the City Council approved a second reading of Ordinance 22-___; and WHEREAS, Ordinance 22-___ shall not authorize any STR owner the right or privilege to violate any private condition, covenant or restriction applicable to the owner’s property that may limit or prohibit use of such owner’s residential property for short-term rental purposes; and
WHEREAS, Upon its effective date, Ordinance 22-___shall supersede and repeal Ordinance 1084.

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

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SECTION 1. The City Council hereby finds and determines the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. SECTIONS 17.52.251 AND 17.52.252 of the Seaside Municipal Code are hereby amended in their entirety to read as provided in Exhibit A:

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

SECTION 4. If any provision, section, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 5. This Ordinance shall become effective immediately upon adoption on second reading.

INTRODUCED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, held on the __ day of ________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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EXHIBIT A
Text Amendments to Seaside Municipal Code Sections 17.52.251 Packet Page 282

17.52.251 Short-Term Rentals
A. Statement of purpose. The purpose of this Section is to establish a licensing process, together with appropriate standards that regulate the Short-Term Rental of single-family and multi-family dwellings in residential districts, to minimize negative secondary effects of Short-Term Rentals on surrounding neighborhoods and preserve the character of neighborhoods in which any such use occurs. This Section addresses traffic, noise, and density; ensures the health, safety and welfare of neighborhoods as well as of renters and guests patronizing Short-Term Rentals; and imposes limits on the number of Licenses issued to ensure long-term availability of the affordable housing stock. This Section also sets regulations to ensure enforcement of these standards, and collection and payment of fees and Transient Occupancy Taxes.

This Section shall not provide any property Owner with the right or privilege to violate any private conditions, covenants or restrictions applicable to the Owner’s property that may prohibit the use of such Owner’s Residential Property for Short-Term Rental purposes as defined in this Section.

The City Council finds adoption of a comprehensive code to regulate issuance of, and conditions attached to, Short-Term Rental Licenses is necessary to protect the public health, safety and welfare. The purposes of this Section are to provide a licensing system and to impose operational requirements in order to minimize the potential adverse impacts of transient uses on residential neighborhoods.

The City Council finds the regulation of Short-Term Rental uses, including its nontransferability provisions, to be a valid exercise of the City’s police power in furtherance of the legitimate governmental interests documented in this Section.

B. Definitions. For the purpose of this section certain terms used herein have the meanings set forth in this Section, and such meaning shall prevail in case of conflict with the definitions set forth in the SMC.

1. Good Neighbor Brochure. A brochure, available from the City, to be given to guests, which includes a summary of the City’s regulations relating to Short-Term Rentals.

2. Guest. The overnight occupant(s) renting a Short-Term Rental for 30 or fewer consecutive days for remuneration and the visitors of the overnight occupants.

3. Hosted Short-term Rental. A dwelling unit where the Owner with the majority interest in the Residential Property, or an Owner holding an equal shared interest if no other Owner owns a greater interest, occupies a dwelling unit as his or her principal residence and offers a habitable portion thereof for transient occupancy by others, and is present during the occupancy of the hosted ShortTerm Rental.

4. Local Contact Person. The person designated by the Owner or the Owner’s authorized representative who shall be available 24 hours per day, seven days per week for the purpose of responding within 60 minutes to complaints related to the Short-Term Rental and taking remedial action to resolve such complaints.

5. Nonhosted Short-term Rental. A dwelling unit that is offered for Transient occupancy where the Owner or shared ownership interest does not occupy the dwelling offered for transient occupancy as his or her principal residence. Second units lawfully established pursuant to Chapter 17.12, a permitted Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall not be permitted for Transient Use.

6. Owner Representative. Any person authorized by the Owner to fully manage the Transient Use Site.

7. Owner. The person who possesses fee title to a Transient Use Site.

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8. Person. An individual or a group of individuals, association, firm, partnership, entity, public or corporation or other private.

9. Remuneration. Compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property.

10. Residential Property. Any lawfully established residential dwelling unit. Second units lawfully established pursuant to Chapter 17.12, a permitted Accessory Dwelling Unit or Junior Accessory Dwelling Unit, or any part of a bed and breakfast inn, motel, hotel, timeshare development or other transient use dwelling shall not be considered as Residential Property for the purposes of Short-Term Rentals and this Section.

13. Responsible Tenant. A person aged 18 or older who has received notice of occupancy, parking and other limits and regulations that apply to the Transient Use Site, and who has agreed to be responsible to ensure that impermissible or inappropriate behavior does not occur at the Transient Use Site, including, but not limited to, all applicable laws, rules and regulations pertaining to the use and occupancy of the Short-Term Rental.

14. Short-Term Rental (STR). A term that shall mean a Short-Term Rental unit that is rented for periods 30 or fewer consecutive calendar days for Remuneration. Short Term Rentals may be Hosted or Nonhosted.

15. Short-Term Rental License. Short-Term Rental License shall have the same meaning as Transient Use License.

16. Transient Use. A period of 30 or fewer consecutive calendar days.

17. Transient Use License. A license issued by the City of Seaside in accordance with this Section allowing the temporary operation of a Short Term Rental. All references to a “License” in this Section shall refer to a Transient Use License unless otherwise specified.

18. Transient Use of Residential Property. The commercial use by any person of Residential Property for transient lodging uses where the term of occupancy, possession, or tenancy of the property by the person entitled to such occupancy, possession, or tenancy is 30 or fewer consecutive calendar days.

19. Transient Use Site. Property occupied and used for Transient Use of Residential Property or Short-Term Rental purposes.

C. Transient Use of Residential Property Subject to this Section.

1. Transient Use of Residential Property for Remuneration is prohibited except (1) as otherwise expressly licensed by this Section, or (2) when such use is licensed by a Transient Use License issued in accord with this Section. Transient Use of Residential Property shall be considered accessory to an existing residential use and shall only be considered within a structure which is lawfully allowed to be used for residential purposes.

2. Each transient use must meet all the requirements of this section. Short-Term Rental Licenses are issued for a term expiring on June 30th each year. No guarantee is given or implied that a Short-Term Rental License will be extended or renewed for a term subsequent to its expiration.

3. Any Owner, Owner Representative, Responsible Tenant, person acting as agent, real estate broker, real estate sales agent, property manager or otherwise who uses, advertises, arranges, or negotiates for the use of, or allows the use of, Residential Property in violation of the provisions of this Section shall be subject to administrative remedies as set forth in Chapter 2.58 of the Seaside Municipal Code.

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4. Each private contract or tenancy that allows Transient Use shall identify the name, address, phone number and email contact information of at least one Responsible Tenant who has been informed of, and has agreed to abide by, occupancy, parking and other limits that apply to that transient use.

5. Violations of this Section shall be treated as a public nuisance and Short-Term Rental strict liability offense regardless of intent.

6. A violation of any provision of this Section by any of the guests, Owners, or operators shall constitute grounds to suspend or revoke a Short-Term Rental License.

D. Short-Term Rental License Cap and Density Limits.

1. License Cap: The maximum number of Nonhosted Short-Term Rentals allowed throughout the City shall be 90. If the number of existing Nonhosted Short Term Rental Licenses exceeds 90, new License applications shall be placed on a waiting list. Hosted Short-Term Rental Licenses are not subject to the License cap.

2. Density Limit: Upon the effective date of the ordinance codified in this Section, all new Nonhosted Short-Term Rentals shall be subject to a 55-foot zone of exclusion. The 55-foot zone of exclusion shall be drawn along a horizontal plane from the proposed Nonhosted Short-Term Rental parcel boundary to the boundary of the existing Nonhosted Short-Term Rental. A property shall be ineligible to hold a Short-Term Rental License if any part of its parcel boundary is within the 55-foot zone of exclusion of an existing Short-Term Rental. Subject to the Director or his/her designee’s discretion, a property may be eligible for a Short-Term Rental License if its parcel boundary is outside the zone of exclusion but an associated legal easement is within the 55-foot range (i.e., a reverse ingress or egress easement creates a flag lot). No more than one Nonhosted Short Term Rental License may be issued per parcel of record. Hosted Short-term Rentals shall not be subject to the density limit.

Applications for renewals of existing Transient Use Licenses shall not be subject to the 55-foot zone of exclusion.

E. Limits on Transient Use. Transient Use of Residential Property for Remuneration allowed by this Section shall be subject to all of the following:

1. Each private contract or tenancy that enables transient use shall be in writing, and identify thereon the name, address, phone number and email contact information of:
a. The Owner;
b. The Owner Representative; and
c. At least one Responsible Tenant occupying the transient site who shall be responsible for all limits required by this section.

2. Each private contract or tenancy shall identify the name, address, phone number and email contact information of at least one Responsible Tenant who has been informed by the Owner or Owner Representative of the occupancy, parking and other limits that apply to transient use by this section and shall be informed of residential parking and noise limits, including but not limited to Chapter 9.12, the City codes that regulate unlawful noises.

3. Trash and refuse shall not be left stored within public view, except in proper containers for purpose of collection by the City’s authorized waste hauler.

4. A Short-Term Rental shall not change the residential character of the outside appearance of the residence including color, material, lighting or any advertising mechanism, including “vacation rental” signs.

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5. Guests of the Short-Term Rental shall comply with Chapter 9.12 regulating noise, including quiet hours between the hours of 10:00 p.m. and 7:00 a.m.

6. The Owner or Owner Representative for all Nonhosted Short-Term Rentals shall post in a prominent location within the Short-Term Rental:
a. Owner or Owner Representative name and telephone number; b. Local Contact Person name and telephone number;
c. Telephone number for Seaside Code Enforcement and the Seaside Police Department; d. The maximum number of parking spaces available on site; e. Trash pick-up day and applicable rules and regulations; f. A copy of City of Seaside noise regulations;
g. A copy of the Good Neighbor Brochure; and
h. Notification that a guest, Local Contact Person, responsible person or Owner may be cited and/or fined by the City in accordance with this section.

7. The Transient Use Site:
a. Shall be used and maintained in a manner consistent with the character of the neighborhood;
b. Shall not impair the desirability of investment or occupation of the surrounding neighborhood; and
c. Shall not have displayed thereon any sign that indicates the property is used or available for transient or Short-Term Rental purposes.

8. Owner and Owner Representative shall each use their best efforts, and respond in a reasonable and timely manner, to ensure that every occupant of the Transient Use Site does not create or contribute to unreasonable use of the property, cause unreasonable noise or disturbance, engage in disorderly or unlawful conduct, or overcrowd the site.

9. Local Contact Person shall be on call full-time (24 hours per day, seven days per week) to manage the property and shall be able to be physically present at the Transient Use Site within 60 minutes of request during any time the property is occupied for transient use. Within 24 hours of the time an initial call is attempted, the Owner, Owner Representative or Local Contact Person shall use his or her best efforts to prevent the recurrence of such conduct by the occupants and take corrective action to address any violation. Failure to respond timely to two or more complaints regarding guest violations is grounds for penalties as set forth in this Section. The Owner, Owner Representative or Local Contact Person shall be subject to all administrative, legal and equitable remedies available to the City for failing to respond within 60 minutes of request.

10. The maximum number of occupants aged 18 or older authorized to stay overnight at any Transient Use Site shall be two persons per bedroom, plus one additional person per Short-Term Rental, not to exceed a maximum of nine adults under any circumstance. The City’ Building Official may increase or decrease the final occupancy limit permitted on the Transient Use Site based upon the characteristics of individual Transient Use Sites.

11. Each designated on-site parking space at a Transient Use Site shall be made available for use by overnight occupants of that site and any on-site driveway must be available for the use of the guests of the site. Each private contract or tenancy shall specify that the maximum number of tenant Packet Page 286
vehicles to be parked at or in proximity to a Transient Use Site (whether on-street or off-street) shall not exceed the number of bedrooms included in the contract or tenancy.

12. Amplified sound that is audible beyond the property boundaries of the Transient Use Site is prohibited.

13. Commercial functions and other similar events are prohibited at the Transient Use Site.

14. A Short-Term Rental License application for a previously unlicensed Transient Use Site may be approved or placed on a waitlist only if all taxes and penalties are paid in full or if a payment agreement has been signed both by the City and the applicant.

15. The Owner or Owner Representative shall maintain a guest log book that includes the name, phone number, home address, guest license plate number if traveling by car, dates of stay of a responsible tenant, and amount of gross rental proceeds collected. The Owner or Owner Representative shall furnish such information to the City upon request.

F. Short-Term Rental License. It is unlawful for any person to transact and carry on any business relating to or supporting the Transient Use of Residential Property in the City without first having procured a Short-Term Rental License from the City, and paying the License fee and any other fees associated with approval of an application for a License, hereinafter prescribed, and also without complying with any and all applicable provisions of this section. A Short-Term Rental License, however, shall not be required for any lawfully established bed and breakfast inn, motel, hotel, or timeshare development.

G. Display of Short-Term Rental License. The Owner or Owner Representative shall cause a copy of the Transient Use License to be displayed in a prominent location within the interior of the Transient Use Site, and shall provide a copy to each Responsible Tenant. Each internet or online advertisement, sign, circular, card, telephone book, or newspaper advertisement that indicates or represents a Transient Use Site is available for transient or Short-Term Rental purposes shall prominently display thereon the Transient Use License number assigned to that site by the City of Seaside.

H. Separate Properties. A separate Short-Term Rental License shall be obtained for each separate Transient Use Site. In all other circumstances, a separate License shall be required for each Transient Use Site. A Transient Use License shall authorize the licensed Owner to transact and carry on Transient Use of Residential Property only at the location and in the manner and subject to the limits designated in such License.

I. Contents of License. Every person required to have a License under the provisions of this section shall make application to the City and tender payment of the prescribed application and License fee.

Thereafter in accord with the provisions of this section the City shall issue to such person a License which shall contain the following information:

1. The name and contact information of the Owner to whom the License is issued, and the name and contact information for the Owner Representative, if any;

2. The Transient Use Site to be Licensed, and whether the License is for a Hosted Short-Term Rental or a Nonhosted Short-Term Rental;

3. The date of expiration of such License;

4. The maximum number of occupants aged 18 or older who are authorized to stay overnight at that Transient Use Site determined by this Section or the City Building Official;

5. The maximum number of motor vehicles allowed for use by overnight guests at that Nonhosted Transient Use Site based upon the available on-site parking as shown on the application site plan; and Packet Page 287

6. Such other administrative information as may be necessary for the enforcement of the provisions of this section.

J. Application – First License. Each Short-Term Rental License shall be in the name of the Owner of the real property upon which the Short-Term Rental use is to be Licensed and shall be valid for a term expiring on June 30th each year. When a person first makes an application for a License pursuant to this section, such person shall furnish to the City a sworn affidavit upon a form provided by the City setting forth the following information:

1. The address of the Transient Use Site to which the License shall apply, and all places of residence of the Owner(s) of the Transient Use Site:
a. In the event an application is made for issuance of a License to a person doing business under a fictitious name, the application shall set forth the names and places of residence of those owning the business; or
b. In the event an application is made for the issuance of a License to a corporation or a partnership, the application shall set forth the names and places of residence of the principal officers and all partners thereof; or
c. In the event an application is made for the issuance of a License by a property management company, the application shall set forth the names and places of residence of the management company thereof, as well as include the property Owner signature approving the application and use of the property; and

2. Each application shall set forth such information as may be therein required by the City and deemed necessary to estimate the annual Transient Occupancy Tax to be charged for that property; and

3. The Owner and applicant shall agree to collect and remit Transient Occupancy Taxes on all gross receipts pertaining to the Transient Use Site; and

4. Each application shall identify the name, address, phone number and email contact information of the Owner and the Owner Representative; and

5. Each application for a License shall include a site plan and floor plan which labels each room and the structures of the property, including the number of and square footage of bedrooms and the number of off-street parking spaces; and

6. The Owner shall affirm that smoke detectors are installed on all levels in all sleeping quarters and common areas, and that fire extinguishers are accessible to protect the health and safety of the guests of the Transient Use Site, and the applicant shall provide access and information to the Fire Inspector as needed to ensure health and safety for occupants of the Transient Use Site; and

7. A building inspection report shall be submitted to the city upon initial application and upon every other renewal period. The building inspection checklist shall be completed by a certified thirdparty general contractor (certified by the Contractors State License Board) or home inspector (certified by the International Association of Certified Home Inspectors). The inspection report shall use a form approved by the city. The chief building official or his/her designee may conduct a follow-up inspection to ensure the accuracy of information provided to the city and inspect any deficiencies that may need correction. The applicant or Short-Term Rental Owner shall reimburse the city for all building inspection costs; payments shall be nonrefundable for applications found by the city to not be suitable or to qualify for Short-Term Rental; and

8. The Owner or Owner Representative shall agree to post a city-issued placard in a location visible at the front entrance. The placard shall prominently display the Owner Representative’s contact information, Short-Term Rental License number, and guest occupancy limits. It shall be the Packet Page 288
responsibility of the Owner and Owner Representative to immediately notify the city and obtain an updated placard whenever there is change in contact information; and

9. Upon initial Short-Term Rental License application, the City shall notify the owners of real property located within 55 feet of the property boundaries of the Transient Use Site. The notice shall include a statement of the maximum number of guests Licensed to stay in the Short-Term Rental, and state the Short-Term Rental Owner’s or Owner Representative’s contact information; and

10. The Owner and Owner Representative shall submit a signed City-provided acknowledgment and indemnification form agreeing to the terms and conditions of the Short-Term Rental License; and

11. Such further information which the City may require to enable proper administration of the License.

The applicant shall remit all required annual fees in accordance with the master fee schedule set by City Council resolution. The applicant shall agree to renew and/or amend the License in accordance with the requirements of this section, and if there is a change in any material fact stated in the application.

Applications are valid until the License is issued, but not to exceed 45 calendar days, unless extended by approval of the program administrator.

K. Renewal of License.

1. It shall be the responsibility of Short-Term Rental Owner or Owner Representative to renew each Short-Term Rental License on or before June 30th of each year. To renew a Short-Term Rental License, the Owner or Owner Representative shall submit the following:
a. Short-Term Rental License renewal form provided by the City. b. List of hyperlinks for each online listing for the Short-Term Rental. c. Signed affidavit affirming smoke and carbon monoxide alarms are installed and that fire extinguisher(s) are in accessible locations.
d. A building inspection report using the form provided by the city, and obtained through a certified third-party general contractor or building inspector. A building inspection report shall be required upon every other Short-Term Rental License renewal application. e. Owner acknowledgment and indemnification form
f. Payment of all applicable fees.

2. Notwithstanding the above, Short Term Rental Licenses which are issued less than 60 days from the expiration date of said License shall be automatically renewed for the following year without need to submit any application. Any fees due for the following year shall be due at the time the initial Short Term Rental License is issued.

3. In addition to other reasons, any of the following factors is grounds for nonrenewal of a Short-Term Rental License:
a. Incomplete application.
b. Failure to demonstrate the Short-Term Rental License number is displayed in all the online listings or failure to provide hyperlinks of each online listing to the city. c. Failure to remit payment to the city at the time the Short-Term Rental License renewal application is submitted.
d. The Short-Term Rental does not pass the building inspection, or the building inspection report identifies an unsafe condition.
e. Nonhosted Short-Term Rental License holder fails to provide evidence of at least one documented Short-Term Rental stay during the preceding 90 days, or 3 documented stays during the preceding 180 days, or 6 documented stays in the year prior to the Short-Term Rental renewal application.
f. Evidence of two or more verified violations of the City Code during the preceding 12 months.

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g. Failure to demonstrate all Transient Occupancy Tax payments are current as of the date of approval of the renewal application.

L. Change to License information.

1. A request to amend any information provided on the License issued pursuant to this section shall be made within 14 days of any change of Owner, a change of the Owner Representative, a change in any material fact upon which the License was issued, or if any other person acquires an Ownership interest in the Transient Use Site.

2. The Owner or Owner Representative shall immediately (no later than 14 days) inform the city of any change in the contact information or a change in any material fact upon which the STR license was issued.

M. Evidence of Transient Use of Residential Property. When any Owner, Owner Representative, or other person makes use of internet services, signs, circulars, cards, telephone books, or newspapers and/or advertises, holds out, or represents that he or she allows Transient Use of Residential Property in the City, and such person fails to provide a sworn affidavit to the City that he or she does not allow Transient Use of Residential Property in the City after being requested to do so by the City, then such information shall be considered prima facie evidence that he or she is conducting a business in the City by allowing Transient Use of Residential Property. Until proper evidence to the contrary is presented to the City, the City shall be entitled to presume that the property is being used as a Short-Term Rental and is required to obtain a License as required by this Section, and/or that the Transient Use of Residential Property has occurred at the subject property.

N. Statement and records. No statement shall be conclusive as to the matters set forth therein, nor shall the filing of such statement keep the City from collecting by appropriate action taxes and/or fees that are due and payable hereunder. In the event that the City deems it necessary, the City may require that an already Licensed Owner, or applicant for a License, submit verification of financial information necessary to calculate the Transient Occupancy Tax due, or, at the option of the already Licensed Owner or applicant, authorize the City to examine records or business transactions to compute the Transient Occupancy Tax that is owed.

O. Failure to file statement or corrected statement. If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the City the Licensed Owner or applicant fails to file a corrected statement, or if any person subject to the tax imposed by this section fails to apply for a License, the City may determine the amount of tax due from such person by means of such information as City may be able to obtain and shall give written notice thereof to such person. Delinquent payment shall be subject to penalties calculated in the same manner as set forth in Chapter 3.24.

P. Transient Occupancy Tax. The Owner or Owner Representative shall comply with all the requirements of Chapter 3.24 (Transient Occupancy Tax). For the purposes of Section 3.24.010, a ShortTerm Rental shall qualify as a hotel. The City Manager or designee shall be responsible for the enforcement of the provisions of Chapter 3.24. Transient Occupancy Tax collected for Short-Term Rentals shall be set aside in a separate fund account.

Q. Appeal of tax. Any person aggrieved by any decision of the City with respect to the amount of the Transient Occupancy Tax or fees associated therewith may appeal to the Administrative Enforcement Hearing Office Panel by filing a notice of appeal with the City Clerk within 15 calendar days after receipt of written notice from the City. The Hearing Officer assigned by the Panel shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of hearing by serving it personally or by depositing in the United States Post Office at Seaside, California, postage prepaid, addressed to such person at his or her last known address. The Hearing Officer shall have authority to determine all questions raised by such appeal; provided, however, that no such determination shall conflict with any substantive provision of this Section.

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R. Additional power of City. In addition to all other power conferred upon the City Manager, he or she shall have the power, for good cause shown:

1. To extend the time for filing any required sworn affidavit or application for a period not exceeding 30 days, and in such case to waive any penalty that would otherwise have accrued; and

2. Whenever any fee, tax or penalty pursuant to this section is due and payable but has not been satisfied in full within 90 days and/or has not been successfully deposited by a timely writ of mandate, such amounts shall constitute a lien against the real property, and be subject to the processes set forth in the SMC.

S. License nontransferable. Each Transient Use License shall be nontransferable to any other person, except that transfer of ownership shall be allowed between spouses. Each Transient Use License shall be nontransferable to any other location. No STR license shall be assignable, and shall not be transferred upon sale or other transfer of the property.

T. License denial or revocation. Any application for a License may be denied, and any License issued pursuant to this section may be revoked. Substantial evidence shall be presented as to why the application should be denied or the License should be revoked for any reasons, including but not limited to:

1. A false material statement or misrepresentation has been made in, or in support of, the application;

2. A change occurs in any material fact upon which the License was issued that has not been reported to the City as a change to the required License content within 14 days;

3. The Transient Use Site, or any other location owned by the Owner or applicant, has been the site of a violation of any provision of law, or otherwise fails to meet sanitation or health standards of the neighborhood, within the 12 months immediately preceding;

4. The Owner, Owner Representative, or applicant has been convicted of any crime involving moral turpitude;

5. The Owner, Owner Representative, or applicant has failed to timely respond to two or more complaints within the 12 months immediately preceding; or

6. The Owner, applicant, guest, or any occupant of a Transient Use Site regularly engages in disorderly conduct, violates provisions of this code or any state law pertaining to noise, disorderly conduct, or uses illegal drugs.

7. The Short-Term Rental has outstanding administrative penalties or the Short-Term Rental Owner or Owner Representative owes past-due Transient Occupancy Taxes (TOT) for prior ShortTerm Rental use; or

8. The property under present ownership has previously been used as Short-Term Rental without a Short-Term Rental License, unless all taxes and penalties have been either paid in full or will be paid subject to a payment agreement signed both by the City and the applicant.

U. Appeal of revocation or suspension. Any person who has been denied a License or to whom notice of revocation or suspension of a License has been mailed may appeal to the Administrative Enforcement Hearing Panel under Chapter 2.58, pursuant to a request for hearing under Chapter 2.58.

Notice of the proceeding shall conform to Section 2.58.080, and the hearing shall conform to the process set in Section 2.58.090. The Hearing Officer shall have authority to determine all questions raised by such appeal; provided, however, that no such determination shall conflict with any substantive provision of this section. Any applicant or License holder whose License shall have been denied or revoked shall be ineligible for a two-year period from applying for a new License. No person whose License has been Packet Page 291
revoked shall continue to engage in, or carry on, the activity for which the License was granted unless and until such License has been reinstated or reissued. The decision of the Hearing Officer shall be final.

Notice of the decision, and the opportunity for judicial review, shall conform to Section 2.58.180.

V. Penalties. Penalties as set forth in Chapter 2.58 and Section 17.80.050 may be imposed for failure to comply with the provisions of this section, with respect to:

1. Any Owner, Owner Representative, or person who transacts or carries on any activity relating to or supporting the Transient Use of Residential Property in the City without first having procured and complied with a Transient Use License from the City to do so, and paying all applicable License fees, shall be subject to administrative penalties as set forth in Chapter 2.58 and Section 17.80.050, including administrative penalties imposed by a Hearing Officer for violation of any provisions of this code in an amount not to exceed a maximum of $2,500 per day for each continuing violation, exclusive of administrative costs, interest and restitution for compliance reinspections, for any related series of violations, and/or forfeiture of all rents received during the period transient use was allowed without a Transient Use License , whichever amount is greater;

2. Any Owner, Owner Representative, or person who carries on any activity that advertises to the surrounding neighborhood that the site has been Licensed to allow, or is used for, transient occupancy, and who has failed to timely remedy this violation in response to two or more complaints, shall be subject to administrative penalties;

3. Any Owner, Owner Representative, Responsible Tenant or person who allows a Transient Use Site to be used or maintained in a manner detrimental to the peace, public health, safety or general welfare of persons or property of the neighborhood or the public, and fails to timely remedy this violation in response to two or more complaints;

4. Any Owner, Owner Representative, Responsible Tenant or person who allows impermissible or inappropriate behavior at the Transient Use Site or action that exceeds the limits on transient use following two or more complaints;

5. Limits upon administrative penalties in Chapter 2.58 and Section 17.80.050 shall not apply to any violation of this section.

W. Liens. Whenever the amount of any penalty forfeiture and/or administrative cost imposed by a Hearing Officer pursuant to this section or to Section 2.58.170 has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation shall constitute a lien against the real property on which the violation occurred, and be subject to the processes set forth in Chapter 2.58.

X. Administrative policy. The City Manager or his/her designee shall have the authority to develop administrative policies and procedures to implement the intent of this chapter.

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RESOLUTION NO. 22-20

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEASIDE

RECOMMENDING THE CITY COUNCIL OF THE CITY OF SEASIDE ADOPT AN ORDINANCE AMENDING SEASIDE MUNICIPAL CODE SECTIONS 17.52.251 AND 17.52.252 PERTAINING TO SHORT-TERM RENTALS
WHEREAS, the proposed Resolution seeks to revise and streamline Sections

17.52.251 and 17.52.252 of the Seaside Municipal Code as shown in Exhibit A; and WHEREAS, Seaside Municipal Code Sections 17.52.251 and 17.52.252 establish a licensing process, together with standards, to regulate Transient Use of Residential Property to minimize the negative secondary effects of Short-Term Rentals on surrounding neighborhoods, to preserve the character of neighborhoods, to ensure long-term availability of the affordable housing stock, and to ensure enforcement of these standards and collection and payment of fees and Transient Occupancy Tax; and WHEREAS, the City of Seaside has determined that certain provisions of Seaside Municipal Code Sections 17.52.251 and 17.52.252 are in need of revision and clarification in order to regulate Short-Term Rentals more effectively, streamline licensing process, protect availability and affordability of long-term housing rentals, and lesson potential impacts of overconcentration on neighborhoods; and WHEREAS, on June 21, 2018, the City Council of the City of Seaside adopted an Initial Study and Negative Declaration to evaluate the potential environmental impacts associated with Transient Use and Short-Term Rentals; and WHEREAS, Section 17.74.040 of the Seaside Municipal Code provides that it is the responsibility of the Planning Commission to consider and weigh the merits of Amendments to the Zoning Code in relation to the policies, standards, and intent of the Seaside General Plan and Seaside Zoning Code and provide a recommendation to the City Council on the proposed Amendment; and
WHEREAS, the Seaside Planning Commission considered oral comments and written information concerning the proposed Zoning Code Amendment at a duly noticed public hearing held on October 26, 2022, and made a recommendation to the City Council to adopt the proposed Zoning Code Amendment, and
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby finds and determines:

1. The proposed Zoning Code Amendment consistent with the goals and policies of the Zoning Code; and
Packet Page 293

2. The proposed text amendments would not be detrimental to public interest, health, safety, convenience, and welfare of the City; and

3. The proposed text amendments are consistent with other applicable provisions of Seaside Municipal Code.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission recommends to the City Council approval of the proposed text amendments as contained in Exhibit A with the following additional changes:

1. Consider placing a cap limit on the maximum number of occupants at larger homes; and

2. Coordinate with Seaside Homeowner’s Associations (HOA’s) as to the City’s Shot-term Rental regulations.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Seaside, State of California, held on the 25th day of October 2022 by the following vote:

AYES: Dodson, Evans, Huynh, La Mica, Silva
NOES: None
ABSENT: Madrigal, Owens
ABSTAIN: None
APPROVED:

ATTEST:
__________________________
Dominique L. Davis, City Clerk
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EXHIBIT A
Text Amendments to Seaside Municipal Code Sections 17.52.251 Packet Page 295

1. Good Neighbor Brochure. A brochure, available from the City, to be given to guests, which includes a summary of the City’s regulations relating to Short-Term Rentals.

2. Guest. The overnight occupant(s) renting a Short-Term Rental for 30 or fewer consecutive days for remuneration and the visitors of the overnight occupants.

5. Nonhosted Short-term Rental. A dwelling unit that is offered for Transient occupancy where the Owner or shared ownership interest does not occupy the dwelling offered for transient occupancy Packet Page 296
as his or her principal residence. Second units lawfully established pursuant to Chapter 17.12, a permitted Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall not be permitted for Transient Use.