Agenda packet — Seaside City Council, January 19, 2023

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, January 19, 2023
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ ___________________________________________________________________________________

VIRTUAL PUBLIC PARTICIPATION INSTRUCTIONS

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

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

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

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

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

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

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

Packet Page 1
City Council REGULAR Meeting January 19, 2023 5:00 PM Agenda Page 2

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Alexis Garcia-Arrazola
Rita Burks
Alex Miller
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member

3. INVOCATION AND PLEDGE OF ALLEGIANCE

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

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

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

7. PRESENTATIONS
A. RECOGNITION OF ROBERTA GREATHOUSE FOR DEDICATED SERVICE AS

HUMAN RESOURCES DIRECTOR/RISK MANAGER (ASHLEY COLLICK,

ASSISTANT CITY MANAGER)
B. REVIEW OF UPCOMING CITYWIDE EVENTS (ASHLEY COLLICK,

ASSISTANT CITY MANAGER)
C. RECREATION DEPARTMENT'S 2022 YEAR IN REVIEW (DAN MEEWIS,

RECREATION DIRECTOR)
D. AUTOMATED LICENSE PLATE READERS AND SHOT DETECTION

SOFTWARE TO ENHANCE PUBLIC SAFETY (NICK BORGES, POLICE
CHIEF)
Packet Page 2
City Council REGULAR Meeting January 19, 2023 5:00 PM Agenda Page 3

8. CONSENT AGENDA
A. APPROVE MINUTES FROM JANUARY 5, 2023
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. APPROVE PROCLAMATION RECOGINIZING BLACK HISTORY MONTH 2023
RECOMMENDATION: Proclaim February 2023 as Black History Month in the City of Seaside.

C. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A FACILITY USE AGREEMENT WITH SEASIDE PONY BASEBALL AND SOFTBALL FOR 2023 SEASON, AND AUTHORIZE WAIVING THE FEES

ASSOCIATED WITH THE USE OF THE FIELDS
RECOMMENDATION: Adopt a resolution to approve the Facility Use Agreement with Seaside Pony Baseball and Softball for the use of Soper, Rubio, and Cutino baseball fields for the 2023 season, including the fee waiver for field use and lighting fees.

D. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SEASIDE HOUSING L.P. FOR ELECTRIC SERVICE

FOR THE DEL MONTE MANOR DRAINAGE PROJECT
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute an agreement with Seaside Housing L.P., allowing the City of Seaside to install an electrical connection to the multifamily residential building at 1442 Yosemite Street, part of the Hamilton, Ellis & Martin Plaza.

E. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE

AGREEMENT WITH PARISI TRANSPORTATION CONSULTING FOR AN
AMOUNT NOT TO EXCEED $100,610.00 TO PROVIDE HILBY AVENUE

PRELIMINARY TRAFFIC CALMING PLAN, AND APPROPRIATING
$115,701.50 FROM SB1 FUND BALANCE TO THE PROJECT BUDGET RECOMMENDATION: Adopt a resolution authorizing a professional service agreement with Parisi Transportation Consulting for an amount not to exceed $100,610.00 to provide the Hilby Avenue Preliminary Traffic Calming Plan and appropriating $115,701.50 from the SB1 fund balance to the Project budget.

F. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH PARISI TRANSPORTATION

CONSULTING TO PROVIDE ADDITIONAL ON-CALL TRANSPORTATION ENGINEERING SERVICES FOR AN AMOUNT NOT TO EXCEED $50,000.00 AND APPROPRIATING $50,000.00 TO THE BUDGET FROM THE SB 1 FUND

BALANCE
Packet Page 3
City Council REGULAR Meeting January 19, 2023 5:00 PM Agenda Page 4 RECOMMENDATION: Adopt a resolution authorizing an amendment to the professional services agreement with Parisi Transportation Consulting to provide additional on-call transportation engineering services for an amount not to exceed $50,000.00 and appropriating $50,000.00 to the budget from the SB 1 fund balance.

G. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE

AGREEMENT WITH SCHAAF AND WHEELER TO PREPARE A WATER

SYSTEM MASTER PLAN FOR SEASIDE MUNICIPAL WATER SYSTEM FOR AN AMOUNT NOT TO EXCEED $88,000.00
RECOMMENDATION: Adopt a resolution authorizing a professional services agreement with Schaaf and Wheeler to prepare a water system master plan for Seaside Municipal Water System for an amount not to exceed $88,000.00.

H. ADOPT A RESOLUTION APPROPRIATING $6,200.00 FROM THE GENERAL

FUND TO SUPPLEMENT THE BUDGET FOR THE TRAIL MAINTENANCE

STRATEGY AND ENVIRONMENTAL REVIEW FOR THE LAGUNA GRANDE

REGIONAL PARK
RECOMMENDATION: Adopt a resolution appropriating $6,200.00 from the general fund on behalf of the Laguna Grande Joint Powers Agency to supplement the budget for the Trail Maintenance Strategy and Environmental Review for the Laguna Regional Park.

I. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN TO

PROVIDE ENGINEERING SUPPORT SERVICES FOR AN AMOUNT NOT TO EXCEED $13,100.00
RECOMMENDATION: Adopt a resolution authorizing an amendment to the professional services agreement with Kimley-Horn to provide engineering support services for an amount not to exceed $13,100.00
J. ADOPT A RESOLUTION APPROVING THE APPLICATION FOR GRANT

FUNDS FROM THE CALIFORNIA STATE HIGHWAY SAFETY IMPROVEMENT

PROGRAM FOR DEVELOPMENT OF A LOCAL ROADWAY SAFETY PLAN
RECOMMENDATION: Adopt a resolution to apply for grant funds from the California State Highway Safety Improvement Program for the Local Roadway Safety Plan.

K. ADOPT A RESOLUTION APPROVING THE PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES SALARY SCHEDULE EFFECTIVE JANUARY 1, 2023 RECOMMENDATION: Adopt a resolution increasing the City's part-time, temporary, and seasonal employees salary schedule for selected positions in order to offer market-competitive salaries and compaction issues with the new state minimum wage that took effect January 1, 2023.

L. ADOPT RESOLUTION RATIFYING DECLARATION OF LOCAL EMERGENCY DUE TO THE 2022-2023 ATMOSPHERIC RIVER STORMS
Packet Page 4
City Council REGULAR Meeting January 19, 2023 5:00 PM Agenda Page 5 RECOMMENDATION: Adopt a resolution ratifying a declaration of Local Emergency.

M. APPROVE ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT (ESCA) QUARTERLY REPORT
RECOMMENDATION: Approve report as presented in the agenda packet.

N. APPROVE CO-SPONSORSHIP OF SUSTAINABLE SEASIDE'S 2023

SUSTAINABLE SEASIDE EARTH DAY CELEBRATION AND ELECTRIC

VEHICLE TEST DRIVE/DEMO FAIR AT SEASIDE CITY HALL LAWN ON APRIL 23, 2023
RECOMMENDATION: Approve a request from Sustainable Seaside to co-sponsor their Seaside Earth Day Celebration and Electric Vehicle Test Drive/Demo Fair on the City Hall Lawn, on April 23, 2023, from 1:00 p.m. to 4:00 p.m. Approval of this item will result in a waiver of all fees and staff costs in the approximate amount of $3,026.00.

O. APPROVE A FEE WAIVER FROM HINDU TEMPLE OF MONTEREY

PENINSULA FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR DIWALI CELEBRATION NIGHT EVENT ON OCTOBER 14, 2023 RECOMMENDATION: Approve the fee waiver request from the Hindu Temple of Monterey Peninsula for the use of Laguna Grande Hall and kitchen to hold their Diwali Celebration Night in the amount of $675.00, the Organization to provide the City with the non-refundable portion of the deposit of $98.25 and purchase the City's insurance of $117.00.

P. APPROVE A CO-SPONSORSHIP AND FEE WAIVER REQUEST FROM DELTA SIGMA THETA SORORITY, INC. FOR USE OF OLDEMEYER CENTER FOR TWO COMMUNITY EVENTS IN 2023: A HEALTH CONFERENCE AND THE

ANNUAL JABBERWOCK PAGEANT & YOUTH ON PARADE EVENT
RECOMMENDATION: Approve a request from the Delta Sigma Theta Sorority for co-sponsorship and a fee waiver for the costs associated with their Annual Health Conference that will be on Saturday, March 4, 2023 and the annual Jabberwock Pageant & Youth on Parade event that will be on Saturday, April 22, 2023, in the amount of $1,776.25.

Q. APPROVE A FEE WAIVER REQUEST FROM THE LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) COUNCIL NO. 2895 FOR THE USE OF A

MEETING ROOM AT THE OLDEMEYER CENTER
RECOMMENDATION: Approve a request from the LULAC Council No. 2895 for a fee waiver of $407.00 for the room rental fees at the Oldemeyer Center for their monthly organization meetings from February 2023 to December 2023.

R. APPROVE A FEE WAIVER FROM MONTEREY PENINSULA RAMAYAN

MANDALI FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR DIWALI NIGHT EVENT ON OCTOBER 21, 2023
Packet Page 5
City Council REGULAR Meeting January 19, 2023 5:00 PM Agenda Page 6 RECOMMENDATION: Approve the fee waiver request from the Monterey Peninsula Ramayan Mandali for the use of Laguna Grande Hall and kitchen to hold their Diwali Celebration Night in the amount of $393.75, the Organization to provide the City with the non-refundable portion of the deposit of $98.25 and purchase the City's insurance of $117.00.

9. BUSINESS ITEMS
A. PROJECT OVERVIEW AND CONSTRUCTION SCHEDULE FOR THE GRAND

HYATT HOTEL ON THE SEASIDE RESORT PROJECT AREA
RECOMMENDATION: Recieve presentation of the project and construction schedule for the Grand Hyatt Hotel on the Seaside Resort Project area.

B. ADOPT A RESOLUTION TO ESTABLISH A RESIDENTIAL PARKING

PROGRAM ON PROPERTY OWNED BY THE CITY OF SEASIDE AND
RESERVING THIRTY-SIX (36) RESIDENTIAL PARKING SPACES FOR USE

BY NEW MIXED USE DEVELOPMENT WITHIN THE WEST BROADWAY

URBAN VILLAGE AND AUTHORIZE THE CITY MANAGER TO IMPLEMENT

THE PROGRAM
RECOMMENDATION: Adopt a resolution establishing Municipal Parking Lots 1 and 2 within the West Broadway Urban Village specific planning area and reserve a minimum of thirty-six (36) residential parking spaces to support new residential development within the West Broadway Urban Village planning area.

C. REVIEW AND CONSIDER MEALS ON WHEELS, BUILDING HEALTHY

COMMUNITIES, AND SNIP BUS FOR FUNDING SUPPORT
RECOMMENDATION: Provide direction regarding funding requests for a. Meals On Wheels, b. Building Healthy Communities, and c. Snip Bus. Staff recommends the Council review each organization's request and determine their level of funding.

Funding recommendation options include:

1. Distribute $50,000 of unallocated Community Social Services Grant funding between the three organizations.

2. Fully funding each request using $50,000 of unallocated funding from the Community Social Services grant and securing additional revenue as directed from the general fund.

3. Fund each organization at a level the Council deems appropriate.

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

1. Consider a downtown revitalization plan to increase business occupancy and restaurants, and address blight issues (Miller)
B. NEW COUNCIL MEMBER REQUESTS
Packet Page 6
City Council REGULAR Meeting January 19, 2023 5:00 PM Agenda Page 7

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

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

12. CLOSED SESSION
Pursuant to Government Code Section 54956 et seq., the City Council and Successor Agency to Redevelopment Agency may adjourn to a Closed Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City Attorney. Public comments on these items are taken after being read by the City Attorney. For the public record, please state your name.

A. CONFERENCE WITH LEGAL COUNSEL - PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Potential Litigation (Two Matters)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
PROPERTY: McClure Way - Seaside Golf Course
AGENCY NEGOTIATOR: City Manager, City Attorney, etal.

NEGOTIATING PARTIES: Seaside Hotel Resort, LLC.

UNDER NEGOTIATION: Price, Terms of Payment, or Both
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
PROPERTY: 1561-1571 Del Monte Avenue
NEGOTIATORS: City Manager and City Attorney, etal.

NEGOTIATNG PARTY: Foothill Partners, LLC
UNDER NEGOTIATION: Price, Terms of Payment, or Both

13. ADJOURNMENT
Next Regularly Scheduled Meeting:

February 2, 2022
5:00 PM
The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Packet Page 7
City Council REGULAR Meeting January 19, 2023 5:00 PM Agenda Page 8 Governor Newsom's Executive Orders N-29-20 and N-33-20.

Packet Page 8
Help your city reduce crime
with cameras that see like a detective
Flock Safety provides an affordable, infrastructure-free automatic license plate reading (ALPR) camera system for cities who want to reduce crime within a principled framework. Unlike traditional ALPR, Flock uses Vehicle Fingerprint™ technology to transform hours of footage into a searchable database to find the single piece of evidence needed, even when a license plate isn't visible.

Not your average security cameras
Infrastructure-Free and Discreet Design
With solar power and LTE connectivity, we
can install the devices almost anywhere.

And the beautiful design means it will blend
in with your city’s aesthetic.

Safety-as-a-Service
We install and maintain the devices, so you
can focus on running the city. That means
we will support you from procurement,
through permitting, and even preparing you
to present this project to the city council.

Vehicle Fingerprint Technology
Your officers can find vehicle evidence by
vehicle type, make, color, license plate
state, missing and covered plates, and other
unique features like bumper stickers,
decals, and roof racks.
“Flock Safety made my job easy. The system was up and running in just a few weeks, and has proven to help our police department find the evidence to solve more crime.”
City Manager in Ohio
Packet Page 9
Join 2500+ cities using Flock Safety
to eliminate crime
“Flock Safety continues to enhance
and help our police department
capture these vehicles and return the
assets to their owners."
-Council member Josh McCurn of Lexington, KY
Public Safety Technology Built with Principles
You own the footage
We won’t share it or sell it. It’s 100% yours for your law enforcement to use to solve crime.

Protect resident privacy
All data automatically deletes by default every 30 days on a rolling basis and is encrypted with AES-256 encryption.

Promote transparency and accountability
Flock provides a transparency portal to share data with your community about how the devices work on an ongoing basis.

Flock requires an investigative reason to search and proactively provides an audit report to city leadership.

Clear pricing and infrastructure free
$2500 per camera / year. All the footage is stored in the cloud at no additional fee and there are no hidden costs.

Protect the Whole Community
It takes all community members working together to eliminate crime, which is why we created a public-private partnership that enables businesses, neighborhoods, schools, and others to partner with your city and police department to build your network.

Packet Page 10
About Automatic License Plate Readers
(ALPR)
The Problem: Violent Crime Is Not Going Away
Nationwide, cities are experiencing a disturbing rise in homicides and violence. The FBI’s 2020 Crime Report shows a 30% increase in homicides from 2019 to 2020, the largest single-year increase recorded.

Over two-thirds of the country's most populous cities saw even more homicides in 2021.

Proactive - ALPR devices provide real-time alerts when a vehicle that is stolen or associated with a known suspect is detected.

Investigative - ALPR cameras help determine whether and which vehicle(s) were at the scene of a crime.

One Solution: Technology that Detects Objective Evidence to Clear More Cases Automated License Plate Readers (ALPR) capture computer-readable images of license plates and vehicles, allowing officers to compare plate numbers against those of stolen cars or wanted individuals on a crime database like the NCIC.

ALPR devices assist law enforcement in solving crime in two ways:

Is ALPR effective ?
According to the National Conference of State Legislatures, when employed ethically and objectively, ALPRs are an effective tool for law enforcement, cutting down on the time required for investigations and acting as a force multiplier. In 2011, a study by the Police Executive Research Forum concluded that ALPRs used by the Mesa, Ariz., Police Department resulted in “nearly 3 times as many ‘hits’ for stolen vehicles, and twice as many vehicle recoveries.”
Communities with ALPR systems report crime reductions of up to 70 percent. In some areas, that included a 60 percent reduction in non-residential burglaries, 80 percent reduction in residential burglary, and a 40 percent reduction in robberies.

Packet Page 11
AMBER Alerts: License plate readers in metro Atlanta were able to find a vehicle containing a kidnapped one-year-old, who had been taken from his mother at random off the street. The child was recovered unharmed. Some ALPR systems integrate directly with the National Center for Missing and Exploited Children’s AMBER Alert system, sending real-time alerts to officers in seconds. [New information released about 1-year-old’s kidnapping]
Silver Alerts: Knoxville Police were able to locate a missing elderly man who suffers from dementia after he drove away in a family vehicle. ALPR technology has helped solve hundreds of Silver Alerts across the country. [Missing man with dementia found using Flock camera]
Firearm violence: The Las Vegas Trail, a high-crime area in Fort Worth, TX, saw violent crime decrease by 22% in 2021 compared with the first nine months of 2019.

Fort Worth Police attributed this drop partially to the license plate reader system implemented in the neighborhood during the same period of time. [Crime is down 22% in Fort Worth’s Las Vegas Trail. How neighbors and police made it safer] Organized theft: Grafton, a growing village with a bustling retail district, is dealing with increased organized retail theft — Two-thirds of all the crimes reported to Grafton police in 2020 were retail thefts. Grafton Police have implemented a license plate reader system to identify vehicles that have been involved in thefts or have been stolen themselves. In one week alone, they recovered three stolen vehicles with drivers planning to engage in retail theft. [Losses mount as retailers fight theft rings, accuse online storefronts of doing little to stop resale of stolen goods] ALPR Provides Objective Evidence While Protecting Privacy ALPR does not include facial recognition capabilities and does not capture personally identifiable information (PII). While eyewitnesses and individual officers are subject to inherent human bias, ALPR cameras capture wholly-objective images of vehicles and license plates, providing a clear and actionable investigative lead.

ALPR Use Cases Include:

Packet Page 12
Case Studies
Packet Page 13
Castle Rock PD
According to C-MATT, Castle Rock was the only
Metro-Denver City to reduce auto-theft (with a
25% reduction) in 2020 - 2021, they were also the
only Flock Customer
Flock hits resulting in the recovery
of a stolen vehicle or eluding:
● 27% resulted in the recovery of other
stolen property
● 29% led to the seizure of illegal drugs
(966.3 grams)
● 8 guns recovered/seized
● 79 warrants served
● 30% involved a VCT (29 times)
● 5% led to a pursuit and 24 vehicles eluded
Packet Page 14
CASE STUDY Long Term Results
“Word has gotten out about
these ALPR programs, and
folks that are in the business
of stealing cars will typically
do a little bit of research and
find out that a city that has an
ALPR program they then want
to avoid”
-Chief Ian Schmutzler
Vacaville PD Vacaville, CA
33%
Decrease in
Reported
Vehicle Thefts
35%
Increase in
Arrests related
to Vehicle
Thefts
2x
Requested
increase in #
of cameras
Less Vehicle Thefts are
happening in Vacaville, and
more of them are getting solved
Fire apprenticeship, expanded license plate reader
program among budget requests
- The Reporter
Packet Page 15
NCIC Missing Person:
4 Warrants/Subpoenas Served:
55 Missing Persons Recovered:
11 Guns Seized:
25 # of Charges:
246
# of Persons Charged:
97 CASE STUDY: Lexington PD
Lexington PD Lexington, KY
In 3 months with 25 Falcons, the Lexington PD had the following outcomes… Total value of recovered vehicles:
$861,025.00
Total of Success Stories:
98 NCIC Stolen Vehicles:
57 NCIC Warrant:
2 Investigative:
26 Packet Page 16
CASE STUDY: Long Term Crime Reduction
CCPD Cobb County, GA
“[We’re] able to react to crimes
in progress with actionable
evidence obtained quickly and
effortlessly by Flock Safety.”
- Chief VanHoozer
215 Beat
64% Entering Auto
63% Non-Res Burglary
Precinct 2
35% Entering Auto
40% Robbery
Crime reduction prevention
Cobb County drops crime by 60% w/ help of tech
- Fox 5 Atlanta
Packet Page 17
Perth Amboy PD Perth, NJ
Flock ALPR
● Results with 6 months of Flock Safety
○ 7 stolen vehicle recoveries
○ 3 stolen plate recoveries
○ 8 fictitious recoveries
○ 10 arrests
○ Assisted with 30 separate investigations
for SIU
● In a NYC subway shooting in April of 2022,
Flock Safety cameras captured the U-Haul used
by the suspect of the shooting, helping
detective establish a timeline and location of
the suspect that morning prior to the shooting
Suspect Brooklyn subway shooter indicted on
two federal counts, including terror charge
Packet Page 18
CASE STUDY: Violent Crime Reduction
Before Flock Safety,
crime in Dayton was 2.1X the
national average.*
Dayton PD Dayton, Ohio
Result: 46% reduction in
violent crime within target
area after 6 months
Problem
● Violent and non-violent
crime on the rise
● Community members
feel unsafe
Goals
● 29 strategically placed LPR
cameras to capture evidence
that solves crimes
● Proactively reduce crime to
increase quality of life
Packet Page 19
CASE STUDY: Long Term Results
Gwinnett County PD - Central Precinct
Gwinnett County, GA
“2021 is the first time in six years that they
have had under 1,000 entering autos.”
Packet Page 20
CASE STUDY Long Term Results
As the number of
cleared cases
increases, crime
correspondingly
decreases.

San Marino PD San Marino, CA
70%
Decrease in
residential
burglaries
19%
Decrease in
part 1 crimes
36%
Requested
increase in #
of cameras
Police Chief and City Council Attribute
Crime Decrease to More Cases Cleared
With LPR Cameras
Packet Page 21
CASE STUDY Results
30-Day ROI with Flock Safety
First Camera Installed
November 5, 2020
11 Stolen Vehicles
Recovered
November 6, 2020
$496,000
reached in Vehicle
Recoveries
December 1, 2020
49 Arrests Made
November 30, 2020
53 Stolen
Vehicles, 32
Stolen Plates
Recovered
December 4, 2020
WPD Wichita, Kansas
Packet Page 22
CASE STUDY Results
Wichita, KS PD
*Stats are from November 2020 - May 2021
197 vehicles recovered
88 stolen plates
$1.9M in vehicle recoveries
211 arrests, mostly felonies
28 guns seized
1 lb+ of meth
5 lbs+ of marijuana and other
drugs
"One of the most impactful
technologies we've ever
had, period."
“Flat out solving unsolvable
crimes because of it.”
“Systemic type of positivity
about Flock.”
-Lt. Casey Slaughter
Packet Page 23
Case Study: Auto Theft
● Avg # of Recovered Vehicles is 58.5 per year
(past 4 years)
● Since Flock went live (69 days ago) it has
gone up to 89 recovered stolen vehicles
● Average rate of recovered stolen vehicles
over past 4 years is 55.6% since Flock went
live it has gone up to 78.76%
● Flock led to 8 arrests in 69 days
Yakima, PD Yakima, WA
Packet Page 24
Policy
428
Vallejo Police Department
Policy Manual
Automated License Plate Readers (ALPRs) - 1
Adoption Date: 2016/06/23
© 1995-2016 Lexipol, LLC
Automated License Plate Readers (ALPRs)
428.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 428.2 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Vallejo Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Support Services Bureau Commander. The Support Services Bureau Commander will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data.
428.2.1 ALPR ADMINISTRATOR
The Support Services Bureau Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.
428.3 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business.

Packet Page 25
Vallejo Police Department
Policy Manual
Automated License Plate Readers (ALPRs)
Automated License Plate Readers (ALPRs) - 2
Adoption Date: 2016/06/23
© 1995-2016 Lexipol, LLC
(b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
428.4 DATA COLLECTION AND RETENTION
The Support Services Bureau Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures.

All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 428.5 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The Vallejo Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action. (c) ALPR system audits should be conducted on a regular basis.

For security or data breaches, see the Records Release and Maintenance Policy.

Packet Page 26
Vallejo Police Department
Policy Manual
Automated License Plate Readers (ALPRs)
Automated License Plate Readers (ALPRs) - 3
Adoption Date: 2016/06/23
© 1995-2016 Lexipol, LLC
428.6 POLICY
The policy of the Vallejo Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 428.7 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Support Services Bureau Commander or the authorized designee and approved before the request is fulfilled.
(c) The approved request is retained on file.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 428.8 TRAINING
The Training Manager should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

Packet Page 27
Packet Page 28
Packet Page 29
Packet Page 30
Packet Page 31
Packet Page 32
Packet Page 33
Packet Page 34
Packet Page 35

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, January 5, 2023
REDEVELOPMENT AGENCY 5:00 PM

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

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

3. INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation was given by Pastor Ronald Britt (Greater Victory Temple Church). The pledge was led by Mayor/Chair Oglesby.

4. REVIEW OF AGENDA
No changes.

5. PUBLIC COMMENT
Diane Nielson, Pastor Ronald Britt
City Attorney Damon, City Manager Fontes, and Mayor Oglesby responded to public comments regarding illegal fireworks.

6. PUBLIC AGENCY COMMUNICATIONS
Alvin Edwards, Director, Division 1 – Monterey Peninsula Water Management District.

Reported that a lawsuit was filed against Cal-Am. Director Edwards also informed the City Council that a joint lawsuit was filed against the Coastal Commission with Marina Coast Water District, City of Marina, and Marina Sustainable Basin & MPWMD regarding the Pure 1 Water expansion; and a modification complaint was filed with the California Public Utilities Commission, stating that after 2 years of negotiation with Cal-Am – Cal-Am now refuses to sign. A status on the aquifer storage was provided and recovery 65.3 acre fee of water injected. Director Edwards thanked the City Council and staff for the Seaside Municipal Water System webinar that was held on December 29; reported that the presentation was outstanding and well done.

7. PRESENTATIONS
A. REVIEW OF UPCOMING CITYWIDE EVENTS
Packet Page 36
Thursday, January 5, 2023 City Council REGULAR Meeting Page 2 Assistant City Manager Ashley Collick provided the presentation; Fire Chief Mary Gutierrez provided a stormy weather update and responded to questions from the Council.

City Manager Fontes advised that the Governor declared a State of Emergency due to the weather.

B. FIRE STATION MURAL FINAL SELECTION (KEE HYON HIGGINS,

RECREATION SUPERVISOR)
Mr. Higgins provided the presentation and responded to questions and comments from the Council.

8. CONSENT AGENDA
Mayor/Chair Oglesby read the Consent Agenda items. Item 8G was pulled by Council/Agency Member Miller. Item 8J was pulled by Mayor/Chair Oglesby.

Council/Agency Member Miller voiced his support for Items 8H and 8I. There were no comments from the public.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM DECEMBER 15, 2022
ACTION: APPROVED
B. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED AND FILED
C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED AND FILED
D. REVIEW OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

OF THE CITY OF SEASIDE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE (ROPS) 23-24 FOR THE PERIOD JULY 1, 2023 – JUNE 30, 2024, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177
ACTION: REVIEWED
E. ADOPT A RESOLUTION MODIFYING THE POSITION ALLOCATION LIST

TO ADD THE CLASSIFICATION OF ASSISTANT PUBLIC WORKS
Packet Page 37
Thursday, January 5, 2023 City Council REGULAR Meeting Page 3

DIRECTOR
ACTION: ADOPTED RESO #23-01
F. ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATION

FOR THE SCHOOL AREA REDUCED SPEED ZONES PROJECT, AWARDING

A CONSTRUCTION CONTRACT TO CHRISP COMPANY FOR AN AMOUNT NOT TO EXCEED $76,425.00 AND TOTAL PROJECT CONSTRUCTION COST INCLUDING CONTINGENCYOF $90,000.00, AND APPROPRIATING
$12,000.00 FROM MEASURE X FUND BALANCE TO THE PROJECT
ACTION: ADOPTED RESO #23-02
G. ADOPT A RESOLUTION APPROVING AN APPROPRIATION OF
$100,000.00 TO THE NOCHE BUENA STREET EMERGENCY STORM DRAIN

IMPROVEMENTS PROJECT FOR ADDITIONAL UNFORESEEN REQUIRED WORK, AND APPROVING $100,000.00 IN ADDITIONAL CONTINGENCY

TO THE AGREEMENT FOR CONTRACTOR SERVICES WITH MONTEREY
PENINSULA ENGINEERS, INC. FOR A TOTAL CONSTRUCTION AMOUNT THAT DOES NOT EXCEED $435,346.00
Item was pulled by Council/Agency Member Miller. City Manager Fontes and Public Works Director/City Engineer Nisha Patel responded to questions from the Council.

There were no comments from the public.

On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution approving the appropriation of $100,000.00 to the Noche Buena Street Emergency Storm Drain Improvements Project for additional unforeseen required work, and approving $100,000.00 in additional contingency to the agreement for contractor services with Monterey Peninsula Engineers, Inc. for a total construction amount that does not exceed $435,346.00.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #23-03
H. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL BOYS SOCCER
ACTION: APPROVED
I. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL GIRLS SOCCER
Packet Page 38
Thursday, January 5, 2023 City Council REGULAR Meeting Page 4 ACTION: APPROVED
J. APPROVE A FEE WAIVER REQUEST FROM SAND CITY PAJARO VALLEY OHLONE COUNCIL FOR THEIR "RED DRESS DAY - HONORING
INDIGENOUS WOMEN" EVENT ON MAY 06, 2023
Recreation Director Dan Meewis and Sand City Mayor Mary Ann Carbone was available to answer questions from the Council.

Public Comment: Sand City Mayor Mary Ann Carbone, Karla Lobo On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to approve a fee waiver request from Sand City Pajaro Valley Ohlone Council for their “Red Dress Day – Honoring Indigenous Women” event on May 06, 2023.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: APPROVED
K. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH SCHAAF AND WHEELER

TO PROVIDE STAFF SUPPORT INCLUDING ACTING CITY ENGINEER SERVICES FOR AN AMOUNT NOT TO EXCEED $52,000.00
ACTION: ADOPTED RESO #23-04
L. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER

INTO AN AGREEMENT WITH CALIFORNIA-AMERICAN WATER COMPANY

REGARDING USE OF STORED WATER CREDITS FOR ASCENT BROADWAY

PROJECT AND TO REVISE THE REIMBURSEMENT AGREEMENT WITH

CRUACHAN CAPITAL
ACTION: ADOPTED RESO #23-05

9. PUBLIC HEARING
A. APPROVE AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE

CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE SECTION 20516 (EMPLOYEES SHARING ADDITIONAL COST) FOR LOCAL

MISCELLEANOUS MEMBERS IN THE SEASIDE MANAGEMENT AND

SUPERVISORY EMPLOYEES' ASSOCIATION, UNREPRESENTED
Packet Page 39
Thursday, January 5, 2023 City Council REGULAR Meeting Page 5

EXECUTIVE MANAGERS, UNREPRESENTED CONFIDENTIAL EXEMPT

EMPLOYEES, AND UNREPRESENTED UNCLASSIFIED EXEMPT

EMPLOYEES, AND LOCAL SAFETY MEMBERS IN THE UNREPRESENTED

EXECUTIVE MANAGERS GROUP (SECOND READING - ROLL CALL VOTE) Acting Human Resources Director Samantha Alcaraz-Sakhrani was available to respond to questions from the Council.

There were no comments from the public.

On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following roll call vote, City Council/Successor Agency moved to adopt an Ordinance authorizing an amendment to the contract between the City of Seaside and the Board of Administration of the California Public Employees’ Retirement System.

RESULT: 4-0-1-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco
NOES: NONE
ABSTAIN: Miller
ABSENT: NONE
ACTION: ADOPTED ORD #2021

10. BUSINESS ITEMS
A. ADOPT A RESOLUTION APPROVING THE COMMUNITY SOCIAL

SERVICES GRANT FUNDING RECOMMENDATIONS
Assistant City Manager Collick provided the presentation and responded to questions from the Council. Accolades from Mayor Pro Tem Pacheco & Mayor Oglesby Public Comment: Rosalyn Green, Youth Rising Participant, Kaia Saki, Sydney Johnson, Alaysa Houston, Youth Rising Participant, Kelly Randall, YRP, Leslie, Evans Charles, Mark Gomez, Bobby Maxwell, Corrina Barger, Yesi Lobo, Brandon Carter, Jordi CasasReyes, Da’Ja Robinson, Annalisa Mitchell, Karla Lobo, Jessica Powell On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Miller and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution authorizing the City Manager to execute contracts for the community social services grant program for Village Project ($100,000), Community Partnership for Youth ($100,000), Palenke Arts ($100,000), Community Human Services ($100,000), and Sun Street Centers ($50,000); and removing Meals on Wheels from the Community Social Services Grant funding recommendations; and agreeing to discuss the funding options for Building Healthy Communities, Meals on Packet Page 40
Thursday, January 5, 2023 City Council REGULAR Meeting Page 6 Wheels, and SNIP Bus at a future City Council meeting.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Substitute motion by Council/Agency Member Garcia-Arrazola moved to adopt a resolution removing Meals on Wheels from the Community Based Organization list, keep Village project, Community Partnership for Youth, Palenke Arts, and Community Human Services but allocate $90,000.00 to each, keep Sun Street Centers at $50,000.00, as well as adding Building Healthy Communities and carried by the following roll call vote. – failed due to the lack of a second.

ACTION: ADOPTED RESO #23-06
Recess from 7:30 – 7:40 pm

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
Miller – Consider a revitalization to the downtown area using ARPA funds, finding tenants for vacant buildings, and addressing blight issues.

B. FOLLOW UP ON PREVIOUS COUNCIL MEMBER REQUESTS
City Manager Fontes provided an update on the fence at the underpass of HWY 1 at Fremont Street – a request has been submitted to CALTRANS, staff is awaiting a response and will follow up accordingly.

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Burks: attended Greater Victory Temple Church (GVT) & Bakewell Co. gift giveaway with Seaside Fire Department (FD) & Police Department (PD); ride along with Michelle Overmeyer of Monterey-Salinas Transit routes; meet and greet with Seaside Police Department and went on a ride along; participated in Older Adults New Year Celebration at Oldemeyer Center.

Garcia-Arrazola: attended California State University Monterey Bay Presidents reception; Christmas Senior Dance; GVT & Bakewell Co. gift giveaway with Seaside FD & PD; Older Adults New Year Celebration at Oldemeyer.

Pacheco – attended Hamilton, Ellis, Martin (HEM) Plaza Christmas party for youth; GVT & Bakewell Co. gift giveaway with Seaside FD & PD; Older Adults New Year Packet Page 41
Thursday, January 5, 2023 City Council REGULAR Meeting Page 7 Celebration at Oldemeyer; attended Bethel Church food basket giveaway.

Mayor - attended GVT & Bakewell Co. gift giveaway with Seaside FD & PD (thanked Pastor & First Lady Britt for hosting); acknowledged the renaming of the Seaside High School library in honor of Helen Rucker; attended Employee Christmas Party; Special Local Agency Formation Commission meeting – took 2nd vote on housing development in Soledad; HEM Christmas party/gift giveaway (thanked Lisa Lewis and the Board & Management Team); gift giveaway at Teen Center (thanked Ted Black and Recreation Director Dan Meewis), attended Bethel Church food basket giveaway; chaired the Veterans Issues Advisory Committee meeting; thanked the first responders and public works for their response to the storm event.

13. CLOSED SESSION
City Attorney Damon read the closed session items and did not anticipate a read out.

There were no comments from the public on closed session items.

A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: EXISTING LITIGATION
Committee v. City of Seaside, et al.

Monterey County Superior Court
Case: 20CV002326
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION
Potential Litigation (2 Matters)
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 EXISTING LITIGATION
People v. Arzadon
Monterey County Superior Court
Case: 20CV003118
Upon return from closed session, City Attorney Damon did not have any announcements to report.

14. ADJOURNMENT
With no further business, the meeting adjourned at 8:19 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 42

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: January 19, 2023
SUBJECT: APPROVE PROCLAMATION RECOGINIZING BLACK HISTORY MONTH 2023

RECOMMENDATION
Proclaim February 2023 as Black History Month in the City of Seaside.

BACKGROUND
Black (or African American) History Month celebrates the many achievements and contributions that African Americans have made to American history in their struggles for freedom and equality and deepens our understanding of our nation's history.

The City of Seaside embraces its diversity and acknowledges the invaluable contributions of its African American residents and visitors to our economic, cultural, spiritual, and political development.

A commemorative flag observing Black History Month will be flown at City Hall and Oldemeyer Center from February 1 to February 28, 2023.

FISCAL IMPACT
None

ATTACHMENTS

1. Black History Month Proclamation
Reviewed for Submission to the City Council by:

Packet Page 43

Item No. 8.B. Page 2 of 2
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 44
City of Seaside

PROCLAMATION
Black History Month
February 2023
WHEREAS, each February, National Black History Month serves as both a celebration and a powerful reminder that Black history is American history, Black culture is American culture, and Black stories are essential to the ongoing story of America’s – faults, struggles, progress, and aspirations; and
WHEREAS, during Black History Month, we celebrate the many achievements and contributions made by African Americans to our economic, cultural, spiritual and political development; and WHEREAS, shining a light on Black history today is as important to understanding ourselves, country and growing strong as a City; and
WHEREAS, the City of Seaside embraces its diversity and acknowledges the invaluable contributions of its African American residents and visitors as we celebrate Black History Month; and WHEREAS, the City of Seaside was incorporated on October 13, 1954, on November 12, 1954, Richard Joyce and Jack Simon and others formed the first African American political caucus named the Civic Voters League, and later Ewalker James and Morris McDaniel and others formed the Citizens League for Progress; and
WHEREAS, in any thieving community, faith-based leaders have and must continue to play a vital role promoting civil rights through political activists, Monterey Peninsula Ministerial Alliance has done that. Leaders including, but not limited to, the founder Pastor Rev. Dr. Herbert Hoover Lusk Sr., Pastor G. E. Ellis, Pastor U. S. Metters, Pastor G. E. Hooks, Pastor Richard Nance Jr., Pastor C. Lewis McFadden, Pastor Rev. Dr. Welton McGee Sr., Pastor J. Spearman, Pastor Raymond Martin Jr., Pastor E. B. Stewart, Pastor S. R. Martin, and Bishop Wilbur Wyatt Hamilton; and WHEREAS, civic minded individuals served in city government in many different roles including as Mayor: Oscar Lawson, Stephen Ross, Lance McClair, Don Jordan, Jerry Smith, and Ian N. Oglesby; as Councilmen: Monroe Jones (at the time one of only three black city councilmen in the state of California) , Oscar Lawson, Theron Polite, Stephen Ross, Mel Mason, Darryl Choate, Ian N. Oglesby, Alvin Edwards, and Jon Wizard; and Councilwomen: Pearl Carey (Seaside first African American councilwomen and the first person in Monterey County of any color to serve on a committee of a national political party), Ira Lively (after serving as the first female Seaside police officer), Helen Rucker, and Kayla Jones; as City Managers: Stanley Hall, Charles McNeely, and Tim Brown; member Packet Page 45
of the Seaside History Commission, Pope McDonald, and member of the Seaside Art Commission for 30 years, Sandra Gray, Walter Lee Avery for whom the City of Seaside Art Gallery is named; and WHEREAS, ninety years ago, NAACP was established locally, advocating for the civil and human rights for all, benefiting from the serve of many including John and Lenora Bean, Mel Mason, Ruthie Watts, William Zeller, Regina Mason, Mary Claypool, Joe Watson, Josh Stewart, Yvonne Thomas, and current President Lyndon Tarver; and
WHEREAS, Seaside, as a model of racial and ethnic accord within a community with a reputation for championing civil and human rights, and was visited by national civil rights leaders including Dr. Martin Luther King, Jr., Rosa Parks, and Angela Davis; and WHEREAS, African Americans have reached the highest level of local governance; 4 th
District
Monterey County Board of Supervisor the late Jerry Smith, Mayor Tyller Williamson, the first African American elected as Mayor of Monterey, Ca., and Superior Court of Monterey County Judge Marla O.

Anderson; and
WHEREAS, Seaside educator Dr. Charlie Mae Knight, who later became the first African American female California State Associate Superintendent of Instruction, spearheaded the 1966 to 1969 recruitment to the Monterey Peninsula Union School District (MPUSD) of more than 70 AfricanAmerican teachers and administrators including Dr. Henry Hutchins, Helen Rucker, Dr. Bettye Lusk and Dr. Billy De Berry who later became the first African American MPUSD Superintendent. Those elected to the MPUSD Board of Trustees included Ira Lively the first African American female elected to the board in 1979, was also an adjunct professor at Monterey Peninsula College (MPC), Sam Brown, Helen Rucker, Dr. Bettye Lusk, and Alana Myles; with the on-going contributions of many educators including, but not limited to teachers Lucille Standifer, Willie McCoin, Mattye Effie McNeal, Myrtle Duffel, and Dr. Marie Sweet; Principals Mae Johnson, Dr. Gwendolyn and Ty Laster; and Dr.

Bettye Lusk; and
WHEREAS, African American served on the boards: of the Monterey Peninsula Community College District (MPC), the first African American Sherman Smith serving for 33-years (1964-1997 at the time the longest serving trustee in the state of California), Charles Brown, and the first African American female appointed to the board Rosalyn Green; the Monterey County Board of Education (MCOE) Warner Davis (1993-2007), Ian N. Oglesby, Byrl Smith, and Mary Claypool; and WHEREAS, Seaside residents who contributed to the field of sports and became professional athletes included NFL Philadelphia Eagles footballers Ron Johnson, Anthony Toney, M. L. Carter, Rev.

Dr. Herbert Hoover Lusk, II, Herman Edwards (played with the Eagles from 1977 to 1985) who then went on to become Head Coach for the Kansas City Chiefs, coach of the New York Jets, an ESPN analyst, and the former Head Coach for Arizona State University; and WHEREAS, the National Pan Hellenic Council of Seaside, a coalition of African American sororities and fraternities, continues to organize events and provides scholarship money for youth throughout the Peninsula, and, beginning in 1986, Delta Sigma Theta Sorority, Inc. under the leadership of Bobbie McDaniel, partnered with the City of Seaside to establish the 1st Dr. Martin Luther King, Jr. (annual) city-wide march and celebration, and for the past 17 years has been supported by the NPHC Council with the coordination of Alice Jordan; and Packet Page 46
WHEREAS, the Kiwanis Club of Seaside, formed in 1959, changed the face of Kiwanis by becoming the first predominately African American group, with Alice Jordan later serving as the first female African American Lt. Governor of Division 43 (the California, Nevada and Hawaii District); and WHEREAS, a commemorative flag observing Black History Month will be flown at City Hall and Oldemeyer Center from February 1 to February 28, 2023;
NOW THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim February 2023, as Black History Month in the City of Seaside and recognize all the residents including ones who are not listed here, that have made an impact in the community and who work and serve to create more diversity, equality, and an inclusive, supportive Seaside for all, building on our historic legacy of racial diversity and on-going contributions to regions overall quality of life. ____________________
Ian N. Oglesby, Mayor
February 2023
Packet Page 47

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: January 19, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A FACILITY USE AGREEMENT WITH SEASIDE PONY
BASEBALL AND SOFTBALL FOR 2023 SEASON, AND AUTHORIZE

WAIVING THE FEES ASSOCIATED WITH THE USE OF THE
FIELDS

RECOMMENDATION
Adopt a resolution to approve the Facility Use Agreement with Seaside Pony Baseball and Softball for the use of Soper, Rubio, and Cutino baseball fields for the 2023 season, including the fee waiver for field use and lighting fees.

BACKGROUND
Seaside Pony Baseball & Softball was established in 2001 and has used City operated baseball fields with waived fees since its inception. The previous field use agreement, which covered the 2022 season, expired in August of 2022. The agreement includes provisions that Seaside Pony Baseball and Softball will perform "in lieu" services to help offset the revenues from field use fees that are not collected from Seaside Pony Baseball and Softball. The "in lieu" work includes daily field preparation, minor field maintenance at each field, addition of cinder mix to fields when needed, and trash/recycle pick up and disposal.

The Recreation Department received a request from Seaside Pony Baseball and Softball, dated November 22, 2023, for a facility use agreement and a fee waiver for field use, BBQ area use, and lighting fees. For the use of Soper, Rubio and Cutino fields for their 2023 season.

In addition to field use rental fees, there are "hard costs" associated with the maintenance of the fields and associated buildings. These costs are included in the fees Packet Page 48

Item No. 8.C. Page 2 of 3
for field use. However, if the field use fees are waived, the hard costs that the City incurs need to be considered. City personnel are required to open and close restrooms at Soper, Rubio, and Cutino fields. The opening of the restrooms during the week is done during regular hours, and custodial staff close the restrooms on weeknights, and open/close them on the weekends. In addition, there is also the cost of cleaning supplies and the time it takes for staff to clean the restrooms at each of the fields.

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

FISCAL IMPACT
The fees waived under the Field Use Agreement would be as follows if Seaside Pony starts on the estimated start date of February 5, 2022.

Proposed fee waiver fees.

Estimated fees for Soper field usage - $20,735.50
Estimated fees for Cutino field usage -$12,528.00
Estimated fees for Metz/Rubio field usage - $16,447.00
Estimated fees for light usage for Soper & Cutino - $10,440.00 Estimated fees for BBQ area during tournaments at Soper - $2,662.00 Total - $62,812.50
Estimated "hard costs"
Staff hours for all three fields - $8,970.00
Restroom Supplies - $7,500.00
Total - $$16,470
Total Fee Waiver - $79,282.50
The estimated cost of "in lieu" services that Pony provides is between $10,000-$15,000.

This is for volunteer hours for field maintenance and the materials associated with the maintenance, such as cinder mix, clay..etc.

ATTACHMENTS

1. 2023 Pony Fees

2. 2023_Pony_Facility_USE AGREEMENT

3. Facility Use Application
Reviewed for Submission to the City Council by:
_________________________________________
Packet Page 49

Item No. 8.C. Page 3 of 3
Jaime M. Fontes, City Manager
Packet Page 50

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2023 PONY FIELD USAGE

REQUESTED DATES
Monday-Saturday
4 hrs 4hrs field usage
Days
Field Usage
Fee (weekends
all day
weekdays per
hour)
Total
Field Usage Fee
(Saturday all
day weekdays
per hour) Light Hours BBQ Area
Fee
Light Fee per
hour Total
Field Usage Fee
(Saturday all day
weekdays per
hour)
Light
Hours
Light Fee
per hour Total
Friday, February 10,2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, February 11, 2023 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, February 12, 2023 $212.00 2 $32.50 $277.00
Monday, February 13, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, February 14, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, February 15, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, February 16, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, February 17, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, February 18, 2023 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, February 19, 2023 $212.00 2 $32.50 $277.00
Monday, February 20, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, February 21, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, February 22, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, February 23, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, February 24, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, February 25, 2023 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, February 26, 2023 $212.00 2 $32.50 $277.00
Monday, February 27, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, February 28, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, March 1, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Metz Soper Cutino

3.5 hours per weekday.
12 hours on Saturdays
SHS has requested the use of Soper on a daily basis for Girls Softball. They will be using the field from 4pm-6:00pm. Pony will have 2.5 hours per weekday and 2 hours of light usage until Day Light Savings time change, Then only 1-2 hour of lights should be needed per day until may and then except for any Tournaments.

There are some dates that are unavailable due to Seaside High using Soper. Once SHS is finished, Pony will have 4 hours on the weekdays.
4 hours per day 4pm-8pm on MondayThursday, and Saturdays 5-9pm with 2-3 hours of lights until Daylight
savings time. Tuesdays & Thursdays
are unavailable starting June 13th for
JR Giants.

Packet Page 51

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2023 PONY FIELD USAGE

Thursday, March 2, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, March 3, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, March 4, 2023 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, March 5, 2023 $212.00 2 $32.50 $277.00
Monday, March 6, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, March 7, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, March 8, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, March 9, 2023 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, March 10, 2023 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS Saturday, March 11, 2023 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, March 12, 2023 $212.00 2 $32.50 $277.00
Monday, March 13, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, March 14, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, March 15, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, March 16, 2023 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Friday, March 17, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $0.00 Saturday, March 18, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, March 19, 2023 $212.00 1 $32.50 $244.50
Monday, March 20, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, March 21, 2023 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Packet Page 52

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2023 PONY FIELD USAGE

Wednesday, March 22, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, March 23, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, March 24, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, March 25, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, March 26, 2023 $212.00 1 $32.50 $244.50
Monday, March 27, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, March 28, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, March 29, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, March 30, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, March 31, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 1, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 2, 2023 $212.00 1 $32.50 $244.50
Monday, April 3, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 4, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 5, 2023 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Thursday, April 6, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 7, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 8, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 9, 2023 $212.00 1 $32.50 $244.50
Monday, April 10, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Packet Page 53

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2023 PONY FIELD USAGE

Tuesday, April 11, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 12, 2023 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Thursday, April 13, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 14, 2023 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS Saturday, April 15, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 16, 2023 $212.00 1 $32.50 $244.50
Monday, April 17, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 18, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 19, 2023 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Thursday, April 20, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 21, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 22, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 23, 2023 $212.00 1 $32.50 $244.50
Monday, April 24, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 25, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 26, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, April 27, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 28, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 29, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 30, 2023 $212.00 1 $32.50 $244.50
Packet Page 54

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2023 PONY FIELD USAGE

Monday, May 1, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 2, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 3, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, May 4, 2023 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Friday, May 5, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, May 6, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, May 7, 2023 $212.00 1 $32.50 $244.50
Monday, May 8, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 9, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 10, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, May 11, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, May 12, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, May 13, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, May 14, 2023 $212.00 1 $32.50 $244.50
Monday, May 15, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 16, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 17, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, May 18, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, May 19, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, May 20, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Packet Page 55

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2023 PONY FIELD USAGE

Sunday, May 21, 2023 $212.00 1 $32.50 $244.50
Monday, May 22, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 23, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 24, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, May 25, 2023 $101.50 $101.50 $72.50 1 $121.00 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, May 26, 2023 $101.50 $101.50 $72.50 1 $121.00 $32.50 $105.00 Saturday, May 27, 2023 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, May 28, 2023 $212.00 1 $121.00 $32.50 $244.50
Monday, May 29, 2023 $101.50 $101.50 $72.50 1 $121.00 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 30, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 31, 2023 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, June 1, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Friday, June 2, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, June 3, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 4, 2023 $212.00 1 $32.50 $244.50
Monday, June 5, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 6, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Wednesday, June 7, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 8, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Friday, June 9, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 Packet Page 56

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2023 PONY FIELD USAGE

Saturday, June 10, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 11, 2023 $212.00 1 $32.50 $244.50
Monday, June 12, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 13, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, June 14, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 15, 2023 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Friday, June 16, 2023 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 Saturday, June 17, 2023 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 18, 2023 $212.00 1 $121.00 $32.50 $244.50
Monday, June 19, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 20, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, June 21, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 22, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Friday, June 23, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, June 24, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 25, 2023 $212.00 1 $32.50 $244.50
Monday, June 26, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 27, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, June 28, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 29, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Friday, June 30, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 Packet Page 57

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2023 PONY FIELD USAGE

Saturday, July 1, 2023 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 2, 2023 $212.00 1 $121.00 $32.50 $244.50
Monday, July 3, 2023 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 4, 2023 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 Wednesday, July 5, 2023 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 6, 2023 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Friday, July 7, 2023 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 Saturday, July 8, 2023 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 9, 2023 $212.00 1 $121.00 $32.50 $244.50
Monday, July 10, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 11, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, July 12, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 13, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Friday, July 14, 2023 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 Saturday, July 15, 2023 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 16, 2023 $212.00 1 $121.00 $32.50 $244.50
Monday, July 17, 2023 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 18, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, July 19, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 20, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Packet Page 58

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2023 PONY FIELD USAGE

Friday, July 21, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $0.00 Saturday, July 22, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 23, 2023 $212.00 1 $32.50 $244.50
Monday, July 24, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 25, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, July 26, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 27, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Friday, July 28, 2023 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, July 29, 2023 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 30, 2023 $212.00 1 $32.50 $244.50
Monday, July 31, 2023 $101.50 $101.50 $116.00 1 $32.50 $244.50 $116.00 1 $32.50 $148.50 Total - 172 days $16,447.00 $20,735.50 194.00 $2,662.00 $5,820.00 $24,577.50 $12,528.00 154 $4,620.00 $17,533.00 Amount requesting to be waived
FIELDS

FIELD FEE

SPRING FALL BALL

TOAL FIELD

USE LIGHTS FEE
BBQ Area
Fee
Hard Cost staff
hours Hard Cost Restroom
Supplies TOTAL
METZ $16,447.00 $0.00 $16,447.00 $0.00 $0.00 $2,990.00 $2,500.00 $21,937.00 SOPER $20,735.50 $0.00 $20,735.50 $5,820.00 $2,662.00 $2,990.00 $2,500.00 $34,707.50 CUTINO $12,528.00 $0.00 $12,528.00 $4,620.00 $0.00 $2,990.00 $2,500.00 $17,148.00 $49,710.50 $0.00 $49,710.50 $10,440.00 $2,662.00 $8,970.00 $7,500.00 $79,282.50 Packet Page 59

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2023 PONY FIELD USAGE

Packet Page 60

USE AGREEMENT
FOR

CITY OF SEASIDE FACILITIES
This use Agreement is entered into this nineteenth day of January 2023, by and between the City of Seaside, a Municipal Corporation under the laws of the State of California hereinafter referred to as "CITY," and Seaside Pony Baseball & Softball (organization), hereinafter referred to as the “FIELD USER,” for the purposes of establishing terms and conditions for the use of the City’s various baseball facilities

1. PREMISES
CITY hereby agrees to permit FIELD USER to use the public areas of Metz Park (Rubio Field), Soper Field, and Cutino Park. All located within the Seaside, California.

2. USE OF FACILITY
a. The parties hereto agree that FIELD USER shall have use of the premises hereinabove described for their 2023 season, commencing February 10, 2023, and ending July 31, 2023, subject to reservations made with the City of Seaside Recreation Services.

FIELD USER is required to notify CITY in the event fields will not be used. Failure to notify the CITY of non use may result in a $50 fee to recoup the cost for the City’s staff time.
b. FIELD USER shall provide the CITY with a monthly schedule identifying the day, time, and team name utilizing the fields to be posted at each field. The monthly schedule shall be submitted to the CITY on the 25th day of the month by completing the Field Usage Schedule (Attachment ‘A’).
c. CITY shall give as much notice as possible in the event that the fields will be unavailable due to conditions beyond its control.
d. In accordance with the City’s partnership with the Blue Zones Project of Monterey County, when operating the snack bar facilities at Soper and Rubio Fields, it is recommended that the FIELD USER provide an assortment of healthier food choices, with lower amounts of fat, sugar, and sodium. To accomplish this, FIELD USER is encouraged to:
i. Offer more fruits, vegetables, whole grains, and low fat and low calorie foods, including low fat dairy, lean protein sources and lower fat versions of condiments.
ii. Offer more minimally processed foods made or foods produced without added sugar and less sodium.
iii. Prepare foods using healthy cooking techniques such as baking, roasting, broiling, grilling, poaching, steaming, or stir frying instead of pan frying or deep fat frying to minimize added fat to the food prepared.
iv. Offer seasonal and local produce, when possible.
e. FIELD USER is responsible for adhering to the requirements of the City’s Environmentally Preferable Food Packaging rules (Municipal Code section 8.60) as it relates to the operation of City snack bars.

Packet Page 61
e. FIELD USER must follow all State/County/City guidelines in regards to the COVID-19 pandemic. FIELD USER must follow the guidance from the California Department of Public Health as it continues to be updated.

3. RENTAL AMOUNT
a. FIELD USER shall pay to CITY for the use of the premises as established in the City of Seaside Fee Schedule, which may be revised during the course of this agreement by action of the City Council. If the fee is adjusted during the course of this agreement, the new fee approved by the City Council will be applied. In lieu of this fee the FIELD USER may provide materials and labor with approval from the CITY. These “in lieu” fees shall include but not be limited to at least the following:
 Preparation of fields before each use including striping (lime included).  Pickup and removal of all trash and debris (including sunflower seed shells) from the City Facility after each use.
 Provide to the CITY at least 40 cubic yards of “Cinder Mix” as requested.  Rake, sweep or blow off the dugouts and spectator areas from the CITY facility after each use and dispose of all debris to include sunflower seeds, peanut shells etc.  Clean and maintain the snack bars in accordance with the parameters set by the Monterey County Health Department, and have each snack bar cleaned and all equipment removed at the conclusion of the season. FIELD USER must contact Monterey County Health Department prior to snack bar operation to determine if there are any changes with types of food that can be sold due to the pandemic (i.e. only prepackaged food may be served.)  Provide the City Council in writing a copy of their important dates, to include opening and closing ceremonies, tournament and playoff schedules, and other important dates.
 Organize a league wide field clean-up day prior to the start of the season. b. CITY shall notify FIELD USER of any changes to the fee schedule 45 days prior to applying the new fees for use of the parks.
c. Payment shall be made on a monthly basis or other schedule agreeable to the City within 30 days of the billing.

4. CONDITION OF FACILITY
CITY agrees to maintain the facilities to include regular trimming of grass. FIELD USER is responsible for proper storage of concessions in Metz’s Snack Bar and Soper Field’s Snack Bar including the elevator area kept clear of storage above and below.

5. MAINTENANCE OR RENOVATION OF FACILITY
a. CITY shall give as much notice as possible in the event that the facility will be unavailable due to conditions beyond its control, equipment malfunction or other situations requiring emergency maintenance or repairs that would restrict use of the facility by FIELD USER.

Packet Page 62

6. RESPONSIBILITY FOR PREMISES
a. FIELD USER shall inspect the facilities upon each use and notify the City of damage or deficiencies.
b. FIELD USER shall quit and surrender the premises following each period of use under this Agreement in as good as state and condition as they were at the commencement of each such period. FIELD USER also agrees that if said premises, or the buildings, equipment, or furnishings thereon, are damaged during the term of the Agreement, by act, default, or negligence of FIELD USER, its officers, agents, employees, members, guests, patrons, or any person or persons admitted by FIELD USER to said premises, FIELD USER shall pay to CITY upon demand such sum as shall be necessary to restore said premises to the condition they were in at the commencement of each period of use under this agreement.
b. FIELD USER shall provide 24 hour notification to the City for non use of facility as outlined in the scheduled identified as Attachment ‘B’ to this agreement. c. FIELD USER shall utilize the City of Seaside Weather Line in the event of bad weather.

The phone number is 831-718-8600. Coaches and players should all be given this number to find out if fields are closed. The weather line will be updated on Mondays each week, unless there is bad weather mid-week which then it will be updated by 3pm on said day. For weekends the line will be updated by 7:30am.

7. COOPERATION
It is understood that FIELD USER will cooperate with other field users during this period so multiple users can use the fields if space allows. Seaside High school will be using the field on a daily basis and the need to share the facility is imperative. There are also a handful of dates that are unavailable that will be outlined.

8. ALARM AND FIELD LIGHTS
Field User will set the alarm at Soper Field Snack Bar after each use and will turn off field lights at Soper Field at the end of each day’s play. Lights at Cutino park will be turned on and off by City Staff.

9. KEYS
The FIELD USER’s authorized representative acknowledges receipt of the keys listed on Attachment ‘C’ and agrees to return said keys by August 1, 2023.

10. INSURANCE
a. FIELD USER shall maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:

1. FIELD USER shall provide and maintain at it’s own expense, during the terms of this Agreement a comprehensive general liability policy, including but not limited to premises, personal injuries, products, and completed operations, of insurance, satisfactory to CITY, with a combined single limit of not less than 5 Packet Page 63
million dollars ($5,000,000) per occurrence for property damage and for bodily injury or death of persons.

2. If the organization has employees or hires an employee during the term of this agreement, evidence of adequate worker’s compensation insurance on a stateapproved policy form providing statutory benefits as required by law with employer’s liability limits no less than one-million dollars ($1,000,000) per accident for all covered losses.
b. All insurance required by this Agreement shall be with a company acceptable to CITY and authorized by law to conduct insurance business in the State of California. All such insurance shall be written on an occurrence basis, such policy with the coverage required herein shall continue in effect for the duration of this agreement. c. Each insurance policy shall provide an endorsement naming CITY, its officers, agents, employees and volunteers as additional insured and shall further provide that such insurance is primary insurance to any insurance or self - insurance maintained by CITY. d. Each insurance policy shall provide that CITY be given notice in writing at least thirty (30) days in advance of change, cancellation or non-renewal thereof. Said policy shall provide identical coverage for each sub-user, if any performing work under this Agreement, or be accompanied by a certificate of insurance showing each sub-user has identical coverage.
e. As a condition precedent to CITY performance pursuant to this Agreement, FIELD USER shall file with a certificate of insurance with the City Risk Management Officer, on or before City facilities are utilized by FIELD USER showing that they have in effect the insurance required by this Agreement. FIELD USER shall file a new or amended certificate of insurance promptly after any change is made to any insurance policy which would alter the information on the certificate then on file. f. FIELD USER acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform FIELD USER of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
g. FIELD USER shall renew the required coverage annually as long as CITY, or its employees or agents face an exposure from operations of any type pursuant to this agreement.

11. INDEMNITY
a. FIELD USER shall defend, indemnify and hold harmless CITY and its officers, officials, employees and agents from and against all losses, claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recoverable against it or them by reason of any act, error or omission of the FIELD USER, its agents or employees, in the performance of the work and/or any activity related to this contract. b. CITY shall indemnify and hold harmless FIELD USER and its officers, officials, employees and agents from and against all losses, claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recoverable against it or them by any reason of any act, error or omission of the CITY, its agents or Packet Page 64
employees, in the performance of the any work related to this contract. c. FIELD USER shall so conduct it activities upon the premises so as not to endanger any person lawfully thereon; FIELD USER hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the premises by consent, expressed or implied, of its officers, agents, employees, or members.

12. COMPLIANCE WITH LAWS
FIELD USER shall comply with all laws, statutes, ordinances, rules or regulations of the United States, the State of California, the City of Seaside, or any department or agency thereof, including such regulations now in force or to be established pertaining to use of the premises.

13. TRANSFERABILITY
This agreement applies exclusively to Seaside Pony Baseball & Softball and field use privileges will not be transferred to any other group or individual. Any other groups or individuals wishing to use City of Seaside fields must apply in advance to the Recreation Services Department for consideration by department.

FIELD USER shall not sublease in whole or any part of the premises and shall not assign, hypothecate, or mortgage any or all of its rights hereunder, without the prior written consent of CITY.

14. TERM OF AGREEMENT
a. This agreement shall remain in effect until July 31, 2023, agreement requires proof of current liability insurance naming the City of Seaside as additional insurers and updated Attachments ‘A’, ‘B’, and ‘C’.
b. This agreement may be terminated by either party upon thirty (30) days written notice.

15. NONDISCRIMINATION
FIELD USER will not discriminate against any participant based on race, color, sex, origin, disability, or any other protected classification.

16. TAX EXEMPT STATUS
If applicable, FIELD USER shall submit a copy of the letter from the Internal Revenue Service determining their tax exempt status under 501 c (3) of the Internal Revenue Code and a copy of the letter from the State of California Franchise Tax Board determining tax exempt status under Section 23710 (d) Revenue and Taxation Code prior to execution of this agreement.

17. NOTICE
All notices herein provided to be given, or which may be given by either party to the other, shall have been deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified, and postage prepaid, and addressed to the respective parties as follows, or personally served on:

Packet Page 65

CITY OF SEASIDE
Recreation Services
986 Hilby Avenue
Seaside, CA. 93955

SEASIDE PONY BASEBALL & SOFTBALL
P.O. Box 1022
Seaside, CA 93955

18. ATTORNEY FEES AND COSTS
Should either party to this Agreement bring suit against another party (formal Judicial proceeding, mediation or arbitration), for breach of any term, covenant, condition or obligation contained herein for the recovery of any sum due hereunder, or for any summary action for forfeiture of this Agreement or to prevent further violations of any of the terms, covenants, conditions, or obligations, or for any other relief then, and in that event, the case shall be handled in Monterey County, California, and the prevailing party in such suit or summary action shall be entitled to a reasonable attorney's fee to be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between FIELD USER and CITY. No term, provision, or condition of this Agreement may be altered or amended, nor may any term, provision or condition be added to this Agreement, except by a writing executed by both FIELD USER and CITY.
___________________________________ _______________
Authorized Representative Date
FIELD USER- Seaside Pony Baseball & Softball
___________________________________ _______________
City Manager Date
City of Seaside

CITY OF SEASIDE
Packet Page 66
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
Guidelines for Use of City Fields

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

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

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

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

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

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

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

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

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

Attachments:

1. Questionnaire

2. Field Use Application

3. Key Request (to fill out with staff)
Packet Page 67
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
# 1 - QUESTIONNAIRE Date: ____________
CONTACT INFORMATION:

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

Name Title Telephone

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Packet Page 68
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
Organization: _________________________________________________________________ QUESTIONNAIRE (continued):

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

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

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

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

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

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

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

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

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

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

3. If you are granted a fee waiver, what in-kind services (such as field maintenance, trash clean up, etc.) can you offer to help offset costs? ______________________________________________ _____________________________________________________________________________ Packet Page 69
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
# 2 - FIELD USE APPLICATION Date: ____________
Organization: _________________________________________________________________ Park: _______________________________ *Please fill out one form per each park requested Services Requested:

Use of field  Yes  No
Use of snack bar  Yes  No
Use of lights  Yes  No
Other: _________________________________  Yes  No
Number of Hours
Date Day of the Week Time Daily Total Lights
Total Days: Total Hours:

Packet Page 70
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
#4 - KEY REQUEST Date: ____________
Organization: _________________________________________________________________ Key
Currently has
Keys Key Number
New Keys
Supplied
Total Number
of Keys
Field Gates
Soper Field Snack Bar & Lights
Soper Field Store Room
Cutino Park Snack Bar
Cutino Lights
Cutino Back Shed
Cutino Back Gate
Metz Park Snack Bar
AUTHORIZED REPRESENTATIVE:

Name: ______________________________________________________________________ Address: _______________________________ City: _____________________ State: _____ Phone: __________________ Email: _____________________________________________ I certify that all of the keys listed above under “Number of Keys Supplied” will be returned to the City of Seaside by the following date: ______________________________________________ Signature of Applicant: __________________________ Date: _____________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Key deposit in the amount of $200 (TWO HUNDRED DOLLARS) received on this date. This deposit will be returned upon receipt of all keys listed above under the “Total Number of Keys” column.

Received by: __________________________________
Receipt Number: ______________________________ Date: _____________ Packet Page 71

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: January 19, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SEASIDE HOUSING L.P. FOR

ELECTRIC SERVICE FOR THE DEL MONTE MANOR DRAINAGE

PROJECT

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an agreement with Seaside Housing L.P., allowing the City of Seaside to install an electrical connection to the multifamily residential building at 1442 Yosemite Street, part of the Hamilton, Ellis & Martin Plaza.

BACKGROUND
The agreement sets forth mutual agreement of the City of Seaside and Seaside Housing L.P., to effectuate the installation of an electrical power connection to the irrigation system control unit, and supply the control unit with electrical power.

Staff recommends that the Council adopt a resolution authorizing the City Manager to execute an agreement with Seaside Housing L.P. as approved with any minor edits made by the City Attorney.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Existing Facilities). The Del Monte Manor (L.I.D.) Improvements Project repairs and performs minor upgrades to the existing site and involves negligible or no expansion of use. The electrical power Packet Page 72

Item No. 8.D. Page 2 of 2
connection for the irrigation system control unit is included in the minor upgrades for the project.

FISCAL IMPACT
Approval of the agreement with Seaside Housing, LP will not have an impact on the budget. Seaside Housing, LP will be paying for the ongoing cost of the electrical service.

ATTACHMENTS

1. Resolution

2. Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 73
RESOLUTION NO. 23- XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SEASIDE HOUSING L.P. FOR ELECTRIC SERVICE FOR THE DEL MONTE MANOR

DRAINAGE PROJECT
WHEREAS, On April 21, 2022 City Council approved the plans and specifications for the Del Monte Manor (L.I.D.) Improvement Project; and
WHEREAS, The approved plans specify that the City is responsible to arrange for or provide electrical power to be supplied to the irrigation system control unit; and WHEREAS, The irrigation system was installed per the approved plans; and WHEREAS, Seaside Housing L.P., as the owner of H.E.M. Plaza, willfully enters into an agreement to supply the irrigation control with electrical power, at no cost to the City; and WHEREAS, the City agrees to pay for the cost of installation of the electrical power supply and connection; and
WHEREAS, there are sufficient monies in the project budget contingency allotment to pay for the cost of installation of the electrical power supply; and WHEREAS, Monterey Peninsula Engineering has a current Agreement for the Del Monte Manor (L.I.D.) Improvements Project; and
WHEREAS, the project is categorically exempt per Section 15061 of CEQA because the project involves the repair and performance of minor upgrades to existing storm drain.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an Agreement, as approved with any minor edits by the City Attorney, with Seaside Housing L.P. to allow the City to construct an electrical power Packet Page 74
connection, and supply the irrigation system control unit with electrical power at no cost to the City; and
PASSED AND ADOPTED at a special meeting of the City Council duly held on the 19th day of January 2023, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
____________________________________
Dominique Davis, City Clerk
Packet Page 75
1 AGREEMENT FOR INSTALLATION OF AN ELECTRICAL CONNECTION BETWEEN IRRIGATION SYSTEM CONTROLLER AND NEAREST RESIDENTIAL UNIT AT 1442

YOSEMITE STREET
This AGREEMENT (hereinafter “Agreement”) for installation of an electrical connection between the irrigation system controller and the nearest residential unit at 1442 Yosemite Street, between The City of Seaside (“The City”) and Seaside Housing, LP (“Property Owner”).

Property Owner owns property in Seaside, California, and operates a multi-family housing development on parcel number 012-631-002-000 (“the Property”). In fiscal year 2022/2023, The City constructed a storm water infiltration basin on the southwest corner of the parcel, including landscaping and a permanent irrigation system. The irrigation system requires an electrical connection to function. The Property Owner is willing to provide facilities to locate and construct the electrical connection between the irrigation control unit and the nearest wall of the nearest residential unit, located at 1442 Yosemite Street, subject to the terms and conditions found herein.

RECITALS
WHEREAS, Construction on the project was started on June 22, 2022, including the installation of landscaping and necessary irrigation improvements; and WHEREAS, the landscaping is necessary for the proper function and maintenance of the storm drain basin and infiltration system; and
WHEREAS, the landscaping enhances the appearance of the Property; and WHEREAS, the irrigation system is necessary for the establishment and longevity of the landscaping; and
WHEREAS; Property Owner is agreeable to providing power, at no cost to The City, to the irrigation control unit, from the south facing wall of the residential building at 1442 Yosemite Street, and
WHEREAS; The City is agreeable to furnish all costs, labor, and materials to construct an electrical connection to the irrigation controller.

NOW, THEREFORE, be it resolved that The City and Property Owner agree as follows:

AGREEMENT

1. Placement and Ownership.
a. Property Owner hereby grants The City permission to locate, install, operate and maintain an electrical power connection to the irrigation control unit and to install and maintain landscaping. The irrigation system control unit has previously been installed by The City, adjacent to the south wall of the multi-family residential building located at 1442 Yosemite Packet Page 76
2 Street. Property owner further grants The City permission to connect to existing electrical wiring in the south facing wall of the nearest residential unit, and to install electrical conduit into and on the surface of the wall. This permission shall constitute a non-exclusive easement for utilities and landscaping on and over the Property. Property Owner may require The City to move the conduit and electrical connection to another mutually agreeable location within 60 days after delivery of written notice to The City at the addresses set forth in Paragraph 2.c below.
b. Property Owner agrees that all installed materials and equipment shall always remain under the jurisdiction of The City, and will be accessible to The City upon reasonable notice to Property Owner.

2. Term.
a. The term of this Agreement shall commence on January 19, 2023. b. The term of this Agreement shall be indefinite. Cancellation of this Agreement by either party shall be confirmed in writing and delivered via Certified Mail and email to the addresses shown below at least 120 days prior to cancellation. c. TO City: City of Seaside, 440 Harcourt Avenue, Seaside, California 93955 w/ an email copy to: [email protected], and [email protected]. ii. To Property Owner: Seaside Housing L.P., 1043 Stuart St Ste 220, Lafayette, Ca 94549
a. During the Agreement term, The City shall have the right to take power from the electrical connection installation at the Property Owner’s property.

3. The City Obligations.
a. The City shall provide all necessary labor, equipment, and materials, including hardware, to deliver electrical power from a connection point coordinated between The City and Property Owner, to the irrigation system control unit.
b. Property Owner shall have no liability to The City for damage to the equipment, except for damage caused by the grossly negligent acts or omissions of Property Owner. c. The City shall be solely responsible to complete and pay for all permits or environmental analysis that may be required to complete the installation. d. INDEMNIFICATION AND HOLD HARMLESS. To the extent provided in the California Government Code § 815 – 996.6, The City is liable to Property Owner, its Board of officers, employees and agents for any and all damages, liabilities, losses, fines, penalties, judgements, demands, or actions and costs and expenses suffered or incurred by Property Owner, or claims or lawsuits against Property Owner, arising out of or resulting from damages of any nature (including but not limited to consulting, attorney, engineering, clean-up, disposal and restoration costs or fees) caused directly or indirectly caused by or arising out of or in any way predicated upon, in whole or in part, the activities or use of Property Owner’s property and electrical power by The City, its employees, agents, contractors, subcontractors or assigns.
e. INDEPENDENT STATUS. The City is an independent entity and is, to the extent provided in the California Government Code, responsible for the acts and omissions of its employees, agents, subcontractors or assigns, if any. Nothing in the Agreement will be construed as creating a partnership of joint venture between Property Owner and the City.

4. Property Owner Obligations.
a. Property Owner will provide electrical power to the irrigation system control unit, and access as would be normally required for repair or maintenance of the electrical power Packet Page 77
3 connection.
b. Property Owner will provide reasonable assistance during installation to ensure compliance with all applicable building codes and regulations and other applicable procedures so as to accomplish a safe and legal installation. This provision specifically excludes any environmental analysis or mitigation that may be required. c. Property Owner to the extent that it has knowledge of will provide a warning to The City of any dangerous situation that in Property Owner’s sole judgement may potentially damage or harm the irrigation system control unit.
d. Except in emergencies or any time Property Owner’s personnel are unavailable, Property Owner may provide access to the interior or exterior of the wall which provides the electrical power connection.
i. Property Owner may require reasonable notice be provided by The City for necessary repairs or maintenance of the electrical power connection. e. Property Owner shall have no liability whatsoever to The City or any other person for interruption in the electrical power connection to the irrigation system control unit. f. COMPENSATION. Property Owner agrees to provide use of electrical power to the irrigation system control unit at no cost to The City.

5. Remedies.
a. If The City fails to perform any obligations it incurs pursuant to this Agreement, Property Owner shall give written notice to The City and The City shall have 30 days from the date of receipt of the notice within which to perform. In the event that The City fails to perform within said 30-day period, then Property Owner shall have the right to immediately terminate this Agreement 7 days after a notice of termination has been sent to The City via Certified Mail.
b. In the event of Agreement termination, The City shall have the right to immediately retrieve its equipment and materials without interference from Property Owner, but under supervision of Property Owner, its personnel or its assigns if requested.

6. Compliance with Laws and Ordinances.
a. The City shall comply with all local, state, and federal ordinances, rules and statutes relevant to the installation of the electrical power connection and to The City’s other actions under this Agreement.

7. Destruction or Condemnation.
a. If Property Owner’s property is destroyed or taken by condemnation during the term of this Agreement, either party may terminate this Agreement immediately by written notice to the other party.

8. Independent Status.
a. The City is an independent entity and is, to the extent provided in the California Government Code, responsible for the acts and omissions of the employees, agents, subcontractors or assigns, if any. Nothing in the Agreement will be construed as creating a partnership or joint venture between Property Owner and The City.

9. Successors or Assigns:
a. This Parties agree that this Agreement and its concomitant non-exclusive easement shall be binding upon each party’s successors and assigns.

Packet Page 78
4 10.Entire Agreement.
a. This Agreement constitutes the entire and complete Agreement between Property Owner and The City regarding the subject matter hereof, and supersedes all prior or contemporaneous negotiations, understandings or Agreements of The City and Property Owner, whether written or oral, with respect to the subject matter. b. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original.

IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of representatives of each of the parties on the date first shown above.

By: Date:_____________________________
____

CITY OF SEASIDE,
a municipal corporation
As to Form
By: Date:_____________________________
_______________

SEASIDE HOUSING, LP,
a limited partnership
As to Form
Packet Page 79

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: January 19, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICE AGREEMENT WITH PARISI TRANSPORTATION
CONSULTING FOR AN AMOUNT NOT TO EXCEED $100,610.00

TO PROVIDE HILBY AVENUE PRELIMINARY TRAFFIC CALMING
PLAN, AND APPROPRIATING $115,701.50 FROM SB1 FUND

BALANCE TO THE PROJECT BUDGET

RECOMMENDATION
Adopt a resolution authorizing a professional service agreement with Parisi Transportation Consulting for an amount not to exceed $100,610.00 to provide the Hilby Avenue Preliminary Traffic Calming Plan and appropriating $115,701.50 from the SB1 fund balance to the Project budget.

BACKGROUND
A Traffic Advisory Committee application was received on April 18, 2022, requesting a solution to the speeding occurring on Hilby Avenue and to provide a safe corridor for the community. At that time, the Traffic Calming Program was being updated. Upon completion of the updated Traffic Calming Program, it was determined that Hilby Avenue, classified as a minor arterial, did not qualify through the program, and a substantial traffic calming evaluation spanning multiple blocks would need to be performed. Staff requested a proposal from Parisi Transportation Consulting to provide a comprehensive traffic calming plan for Hilby Avenue from Wheeler Street to General Jim Moore Boulevard. Parisi has extensive experience planning and designing safety solutions for pedestrians, bicyclists and motorists with traffic calming projects as well as safe routes to school projects for several Bay Area cities.

The proposal developed by Parisi outlines seven (7) tasks to be completed in a 9 month Packet Page 80

Item No. 8.E. Page 2 of 3
period. Speed, volume, and collision data will be collected throughout the mile-long corridor, followed by review of field conditions and preparation of existing conditions map. These initial tasks will allow Parisi to develop a "toolkit" of potential traffic calming measures that could be considered along the Hilby Avenue corridor. Parisi will facilitate in-person community outreach workshops to review existing issues and concerns from the community along the corridor and introduce the toolbox of potential traffic calming measures. Based upon the community input from the workshops, a preliminary traffic calming plan with traffic calming measures, illustrated in a conceptual fashion on the existing conditions map, will be presented to the community at an in-person workshop and then to the Traffic Advisory Committee for input and Plan approval. Parisi will modify the plan, as appropriate, and present it to the City Council. The presentation to the City Council will include a planning level construction cost estimate for implementation of the Plan.

ENVIRONMENTAL REVIEW
As a general rule, an organizational and administrative study is categorically exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Subsequent environmental review will be completed with the design of the traffic calming measures.

FISCAL IMPACT
Staff is requesting appropriating $115,701.50 from the SB1 fund balance to the Traffic Calming Project account (212-8960-9580) for the Hilby Avenue Preliminatry Traffic Plan.

The proposed professional service agreement with Parisi to prepare the Plan is for an amount not to exceed $100,610.00.

Staff recommends adopting a resolution appropriating $115,701.50 from SB1 fund balance to the Traffic Calming Project Account No. 212-8960-9580; authorizing the City Manager to execute a professional service agreement with Parisi Transportation Consulting to provide the Hilby Avenue Preliminary Traffic Calming Plan for an amount not to exceed $100,610.00; and authorizing the City Manager to approve amendments, extensions, and change orders to the professional services agreement of 15% of the agreement amount so that total agreement amount does not exceed $115,701.50.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement

3. Traffic Advisory Committee Application
Packet Page 81

Item No. 8.E. Page 3 of 3
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 82
RESOLUTION NO. 23-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH PARISI

TRANSPORTATION CONSULTING FOR AN AMOUNT NOT TO EXCEED
$100,610.00 TO PREPARE THE HILBY AVENUE PRELIMINARY TRAFFIC CALMING PLAN AND APPROPRIATING $115,701.50 FROM THE SB1 FUND

BALANCE TO THE TRAFFIC CALMING PROJECT ACCOUNT
WHEREAS, a Traffic Advisory Committee application was received requesting a solution to speeding and for a safer corridor for the community on Hilby Avenue from Fremont Boulevard to General Jim Moore; and
WHEREAS, upon completion on the updated Traffic Calming Program and further investigation the need for a substantial traffic calming evaluation spanning several blocks for the mile long corridor would need to be performed; and WHEREAS, on March 18, 2021, the City approved Parisi Transportation Consulting (Parisi) as one of the consultants to provide on call traffic engineering service; and WHEREAS, at the request of staff, Parisi submitted a proposal to provide preliminary traffic calming plan, including extensive community outreach, to evaluate the mile-long Hilby Avenue corridor for an amount not to exceed $100,610.00; and WHEREAS, there is sufficient funds in the SB1 fund balance for the Hilby Avenue Traffic Calming Project.

NOW, THEREFORE BE IT RESOLVED, that the City of Seaside City Council appropriates $115,701.50 from the SB1 fund balance to the Traffic Calming Project (account No. 212-8960-9580), and directs the Finance Director to make appropriate budget adjustments to the Fiscal Year 2022-2023 Capital Improvement Program budget; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a Professional Services Agreement with Parisi Packet Page 83
Transportation Consulting for the Hilby Avenue Preliminary Traffic Calming Plan for an amount not to exceed $100,610.00; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an additional amount of 15% contingency for written amendments, extensions, and change orders to the professional services agreement outlined above such that the full value of the agreement may not exceed $115,701.50.

PASSED AND ADOPTED at a regular meeting of the City of Seaside City Council duly held on the 19th day of January, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Olgesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 84
Hilby Avenue Traffic Calming Work Plan
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR THE HILBY AVENUE TRAFFIC CALMING WORK PLAN
THIS AGREEMENT, is made and effective January 19, 2023, between the City of Seaside, a municipal corporation ("Agency") and Parisi Transportation Consulting, 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 January 19, 2023 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.

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.

Packet Page 85
Hilby Avenue Traffic Calming Work Plan
Rev. 1/18 Page 2 COS Design PSA

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 One Hundred Thousand Six Hundred Ten Dollars ($100,610.00) 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.

Packet Page 86
Hilby Avenue Traffic Calming Work Plan
Rev. 1/18 Page 3 COS Design PSA

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 reasonable Packet Page 87
Hilby Avenue Traffic Calming Work Plan
Rev. 1/18 Page 4 COS Design PSA
written request by the Agency, the necessary 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 C attached to and part of this Agreement.

Packet Page 88
Hilby Avenue Traffic Calming Work Plan
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.

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.

Packet Page 89
Hilby Avenue Traffic Calming Work Plan
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 subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena.
(b) Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

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

Packet Page 90
Hilby Avenue Traffic Calming Work Plan
Rev. 1/18 Page 7 COS Design PSA
To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: Parisi Transportation Consulting
58A Alta Vista Avenue
Mill Valley, CA 94941

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, David Parisi shall be the Project Manager and Engineer of Record for the services described in this Agreement.

David Parisi 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 David Parisi from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.

Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

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

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

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or Packet Page 91
Hilby Avenue Traffic Calming Work Plan
Rev. 1/18 Page 8 COS Design PSA
contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. WORK SCHEDULED/TIME OF COMPLETION
Agency and Consultant agree that time is of the essence in this Agreement. Agency and Consultant further agree that Consultants shall follow schedule as described in Exhibit A. Consultant shall not be responsible for delays caused by circumstances beyond its sole reasonable control.

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.

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: Parisi Transportation Consulting
By: ______________________________ Date:_________________ David Parisi, Principal
City of Seaside
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
December 21, 2022
Packet Page 92
Hilby Avenue Traffic Calming Work Plan
Rev. 1/18 Page 9 COS Design PSA
Attachments: Exhibit A Scope of Work/Consultant Proposal Exhibit B Fee Schedule
Exhibit C Insurance Requirements
Exhibit D RFQ: On-Call Consultants – Engineering Transportation Services
Exhibit E Resolution 22-21 Approving On Call Engineering Transportation Services
Packet Page 93
December 8, 2022 Page 1
Hilby Avenue Traffic Calming Project
Work Plan, Fee and Schedule
Parisi Transportation Consulting’s work plan for the Hilby Avenue Traffic Calming Project, between Wheeler Street and General Jim Moore Boulevard, consists of the following seven tasks.

Task 1. Project Management
Parisi will attend a virtual project kick-off meeting with the City of Seaside’s project manager to discuss the project’s scope of work, schedule, and roles and responsibilities. Parisi will communicate with the City’s project manager the status of project tasks, schedule, and budget via biweekly emails or conference calls. Parisi will respond to City emails and questions within 24 hours. Parisi will provide monthly progress reports and invoices that align with the project’s milestones. It is assumed that the project’s duration will be a maximum of nine months.

Deliverables:
 Project work plan, reporting and invoices by task.
 Biweekly progress meetings and calls, including meeting agendas and notes.

Task 2. Review of Collision Data, Traffic Volumes, and Travel Speeds Parisi will analyze the most recent five years of available collision data. Parisi will review 2017-2021 collision data from the Statewide Integrated Traffic Records System (SWITRS). Collisions located on Hilby Avenue will be considered along with collisions that occurred up to 150 feet along each side street.

Data analysis will consist of both summary statistics and geospatial analysis. The data will be summarized to identify trends in severity, travel mode, and other relevant factors. The collisions will be mapped to identify hot spots for all collisions, collisions involving pedestrians, and collisions involving cyclists. Hot spot locations for specific collision types and primary collision factors will also be considered.

Parisi will collect daily traffic count data at two locations Hilby Avenue (i.e., two seven-day counts), as well as weekday peak hour turning movement counts at up to four intersections (i.e., two-hour a.m. peak and two-hour p.m. peak).

Parisi will also request vehicular travel speed data for specific locations along Hilby Avenue. The City of Seaside will collect this information, including directional average and 85th percentile speed data.

Deliverables:
 Summary collision data tables
 Corridor collision maps
 Summary of traffic counts
 Summary of vehicular speed data
Packet Page 94
December 8, 2022 Page 2
Task 3. Review of Field Conditions and Preparation of Existing Conditions Mapping Parisi will review user behaviors and in-field conditions considering the reported collision information, traffic counts, and vehicular speed data from Task 2.

Parisi will create a scaled base map of existing conditions along the 5,700-foot-long segment of Hilby Avenue between Wheeler Street and General Jim Moore Boulevard including, but not limited to curbs, sidewalks, curb markings, no parking areas, bus stops, crosswalks, lane lines, utility poles, lighting standards and signing. Roadways, key landmarks, and address numbers will be annotated on the map.

Curb-to-curb dimensions will be shown for each block of Hilby Avenue. The base map will be prepared using available digital imagery and topographic information.

The base map will be prepared as a 1” = 50’ scale strip map, which will be useful for community outreach. The base map will also be prepared to fit approximately five plan sheets (at 22” x 34”).

Deliverables:
 Summary of user behaviors and field conditions
 Base mapping of existing conditions (strip map)
 Base mapping of existing conditions (five plan sheets) Task 4. Preparation of Traffic Calming Toolkit and Community Outreach Based on the results of Tasks 2 and 3, Parisi will develop a “toolkit” of potential traffic calming measures that could be considered along Hilby Street. Each measure will be identified with a photo or illustration, pros and cons for its potential application along the roadway, and approximate installation cost.

Parisi will facilitate an in-person community outreach workshop to review existing issues along the Hilby Avenue corridor and to introduce the toolbox of potential traffic calming measures. Parisi will present the corridor-wide strip maps at various facilitated “stations” at the meeting facility and will present a slide show of existing observations and conditions, as well as the “toolbox” of the potential traffic calming measures.

Parisi will provide a Spanish-speaking co-facilitator and will take notes on the community feedback of existing issues and input on potential traffic calming measures.

Prior to the workshop, Parisi will prepare copy for the workshop invitation, both in English and in Spanish. It is assumed that the City of Seaside will invite the community to the workshop via different forums, e.g., social media, postcards, etc.

If a second in-person workshop is desired to review existing issues and introduce the traffic calming toolbox, Parisi can provide this as an optional service.

Deliverables:
 Copy for workshop invitation
 Workshop presentation slide show
 Strip maps for workshop
 Written summary of input received at workshop
 Optional second workshop (same content as initial workshop); written summary of input Packet Page 95
December 8, 2022 Page 3
Task 5. Development of Preliminary Traffic Calming Plan Based on the results of Tasks 2, 3 and 4, Parisi will prepare a preliminary traffic calming plan, with traffic calming measures illustrated in a conceptual fashion on the existing conditions mapping.

Traffic calming measures could include, but would not be limited to, supplemental signs and pavement markings, parking prohibitions, parking modifications, lane narrowing, driver speed feedback signs, median islands, refuge islands, raised crosswalks, midblock chokers, and intersection curb extensions. In addition, alternative intersection traffic controls including additional or fewer stop signs, and mini traffic circles, will be considered.

Parisi will coordinate with the City of Seaside when developing the preliminary traffic calming plan, including with the City’s police and fire departments. The preliminary plan will be prepared on the base maps, which will illustrate conceptual designs with annotations and inset photos of sample treatments.

Deliverables:
 Preliminary traffic calming plan (strip map)
 Preliminary traffic calming plan (five plan sheets)
Task 6. Presentation of Preliminary Traffic Calming Plan to Community and TAC Parisi will facilitate an in-person community outreach workshop to recap the first community workshop and then to present the preliminary traffic calming plan. Parisi will present the corridor-wide plan on strip maps at various facilitated “stations” at the meeting facility and will present a slide show summarizing the potential traffic calming measures.

Parisi will provide a Spanish-speaking co-facilitator and will take notes on the community feedback of the preliminary traffic calming plan.

After the workshop, Parisi will present the preliminary traffic calming plan, along with community input, to the Technical Advisory Committee. It is assumed that this meeting will be held virtually.

Deliverables:
 Copy for workshop invitation
 Workshop presentation slide show
 Written summary of input received at workshop
 Presentation to TAC
Packet Page 96
December 8, 2022 Page 4
Task 7. Preparation of Final Traffic Calming Plan and Presentation to City Council Parisi will use the input from the second community workshop to modify the preliminary traffic calming plan, as appropriate. Parisi will coordinate with the City of Seaside when refining the plan, including the City’s police and fire departments.

Parisi will prepare planning level construction cost estimates for implementation of the plan.

Parisi will prepare a slide show for presenting, in-person, the recommended plan to the Seaside City Council. In addition, Parisi will provide input to the staff report.

Deliverables:
 Final traffic calming plan (strip map)
 Final traffic calming plan (five plan sheets)
 Planning level construction cost estimate
 City Council presentation slide show
Fee Estimate
The estimated fee for conducting the above seven tasks is as follows:

Schedule
The project is estimated to require nine months from initiation to completion of Task 7. Tasks are assumed to be undertaken sequentially, with the exception of Task 1, Project Management, which will occur throughout the project’s duration. The following shows the expected duration of each task, assuming the project commences on February 1, 2023:
 Task 1: February – October 2023.
 Task 2: February – March 2023.
 Task 3: March - April 2023.
 Task 4: May 2023.
 Task 5: June – July 2023.
 Task 6: August 2023.
 Task 7: September - October 2023.

Principal Managing Associate
Consultant Consultant Consultant Consultant Labor
Task $300.00 $220.00 $155.00 $135.00 Subtotals Expenses Totals

1. Project Management 18 0 12 0 $7,260.00 $0.00 $7,260.00

2. Review of Collision Data, Traffic Volumes, & Travel Speeds 4 6 12 32 $8,700.00 $3,200.00 $11,900.00

3. Review of Field Conditions & Preparation of Existing Mapping 12 6 24 60 $16,740.00 $450.00 $17,190.00

4. Preparation of Traffic Calming Toolkit & Community Outreach 16 8 16 42 $14,710.00 $950.00 $15,660.00

5. Development of Preliminary Traffic Calming Plan 14 12 16 60 $17,420.00 $300.00 $17,720.00

6. Presentation of Preliminary Traffic Calming Plan 16 0 18 32 $11,910.00 $950.00 $12,860.00

7. Preparation of Final Plan & Presentation to City Council 16 6 0 32 $10,440.00 $450.00 $10,890.00 Totals 96 38 98 258 $87,180.00 $6,300.00 $93,480.00

4. Optional Task: Additional Community Workshop 8 4 8 16 $6,680.00 $450.00 $7,130.00 Packet Page 97
800 BANCROFT WAY, SUITE 203, BERKELEY, CA 94710 510.343.6500 www.parisi-associates.com

HOURLY SERVICE RATES FOR PROFESSIONAL SERVICES
January 1, 2023 – December 31, 2023
Principal Consultant $250.00 - $310.00
Managing Consultant $200.00 - $250.00
Senior Consultant $160.00 - $200.00
Consultant $125.00 - $160.00
Associate Consultant $100.00 - $130.00
Technician $95.00 - $110.00
Notes:

Hourly service rates are effective through December 31, 2023. Subsequent annual increases will be reflected in the 2024 service rate schedule.

Reimbursable charges include, but are not limited to transportation charges, reproduction services, shipping expenses, and subconsultant fees. Mileage charges will be charged at the prevailing IRS rate per mile.

Monthly invoices are due within 30 days from the date of the invoice. Interest of

1.0% per month will be charged on past due invoices.

Exhibit B
Packet Page 98
Hilby Avenue Traffic Calming Work Plan 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.

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

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

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

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

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

Umbrella or excess liability insurance. [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 Packet Page 99
Hilby Avenue Traffic Calming Work Plan 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.

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

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

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

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

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

In the alternative, Agency may cancel this Agreement.

Packet Page 100
Hilby Avenue Traffic Calming Work Plan 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.

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

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

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

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

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

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting Packet Page 101
Hilby Avenue Traffic Calming Work Plan EXHIBIT C
endorsement of any kind that has not been first submitted to Agency and approved of in writing.

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

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

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

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

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

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

Packet Page 102
J:\08_PUBLIC WORKS\Personnel\Traffic Engineer\2020 On-Call List\RFQ Traffic Engineer 2020_2020-10-15.docx

REQUEST FOR QUALIFICATIONS
2020 - TRAFFIC ENGINEERING SERVICES

FOR CITY OF SEASIDE
Table of Contents
Introduction ................................................................................................................................................................... 1 Proposal Requirements .................................................................................................................................................. 1 Statement of Qualifications Submittal Requirements ................................................................................................ 1 Schedule for Selection Process ...................................................................................................................................... 2 Questions Regarding This Project ................................................................................................................................. 2 Form of Agreement ....................................................................................................................................................... 3 Evaluation and Rating Criteria ...................................................................................................................................... 3 QUALIFICATIONS ...................................................................................................................................................... 3 PRELIMINARY SCOPE OF SERVICES ..................................................................................................................... 4 General Provisions ......................................................................................................................................................... 4 Non-Discrimination & Non-Preferential Treatment .................................................................................................. 6 Grounds for Disqualification ..................................................................................................................................... 6 Records and Financial Data ....................................................................................................................................... 6 Introduction
The City of Seaside (City) seeks Statements of Qualifications (SOQs) from qualified firms to provide professional Traffic Engineering (consultant) services. The City intends to select up to three consultants for a three-year period, with the option of two (2) one-year extensions through mutual consent between the City and the chosen Consultant(s). Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Selection will be based on demonstrated expertise in providing support to the City of Seaside Public Works and Engineering Department.

Proposal Requirements
SOQs must be received by 3:00 PM November 10, 2020 at the following address:

Nisha Patel, City 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 shall be submitted in a sealed envelope with the words “Traffic Engineering Services” clearly marked in the lower left-hand corner of the envelope. Three bound copies, plus one electronic copy submitted on CD, USB flash drive, or by email to [email protected], containing an Adobe pdf copy, should be submitted.

Statement of Qualifications Submittal Requirements
The SOQ should include the following information:

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

Packet Page 103
City of Seaside-Request for Qualifications
Traffic Engineering Services
- 2 -

2. Brief description and history of the proposed project team and experience of the principal contact. Clearly describe project team member’s experience in traffic engineering design, traffic analysis, traffic calming, and transportation studies. Describe the average project size and scope of the team member’s past projects.

3. Provide as exhibits, listings of your firm’s and its principals’ experience.

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

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

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

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

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

Release RFP Tuesday, October 20, 2020
Proposal due Tuesday, November 10, 2020
Interview Select Proposers, if necessary November 10 to 25, 2020 if needed Project Award December 17, 2020
Questions Regarding This Project
All questions and/or contacts regarding this Request should be directed to:

Misty Bradshaw
City of Seaside-Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
E-mail: [email protected]
Phone (831) 899-6886
Packet Page 104
City of Seaside-Request for Qualifications
Traffic Engineering Services
- 3 -
Form of Agreement
A copy of the City of Seaside Consultant Contract is included herewith.

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

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

2. Company/Organization: Does the firm/individual offer the quality of services required for the types of services listed in the Scope of Work? Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Has the firm/individual demonstrated the ability to successfully provide services for projects of a similar complexity and nature as described herein? Firm possess familiarity with the locality and ability to perform services within the City of Seaside. Ability to respond to request for services in a timely manner and to facilitate meetings with City Staff. – Max 35 points.

3. Project Team: Do the qualifications of key personnel to be assigned to the anticipated projects coincide with tasks listed in the Scope of Work? Does the principal contact and the assigned personnel have requisite education, experience, and professional qualifications? – Max 35 points.

4. Contractual Ability: Confirmed acceptance of standard contract. – Max 5 points.

5. Past Performance: Are the firm’s/individual’s references from past clients and associates favorable? Are deliverables submitted on time and within budget? - Max 20 points.

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

QUALIFICATIONS
Interested consultants should possess competency in the following areas of expertise and documents:
 General traffic engineering and provide a project manager that possesses certification as a Traffic Engineer from the California Board for Professional Engineers, Land Surveyors and Geologists.
 Traffic Signal design (per Caltrans and City standards)  California Manual on Uniform Traffic Control Devices latest Edition  ITE Traffic Control Devices Handbook
 ASSHTO Roadside Design Guide
 Familiarity with Caltrans Standards
Packet Page 105
City of Seaside-Request for Qualifications
Traffic Engineering Services
- 4 -

PRELIMINARY SCOPE OF SERVICES
The scope of work will vary as need arises and will be at the discretion of the City. Provide Traffic Engineering services for various projects at the request of city staff. The request for services may include:
 Conduct or review traffic engineering, traffic analysis, and transportation planning studies or project specific traffic related issues analysis;  Provide comprehensive analyses of existing and projected traffic conditions; roundabout analysis and design, intersection design, speed humps, and traffic data collection services:
 Provide electronic traffic control device studies and design (signs, signals, pavement markings, and school zone flashers);
 Perform pedestrian and bicycle studies including those to provide safe routes to school;  Review subdivision or new development projects involving traffic impact analyses, transportation modeling, area-wide transportation studies and road impact fee analyses;  Traffic signal design including plans, specifications, engineer’s cost estimate and contract bid documents (for projects that are bid) for new permanent signal installation; modifications to existing signals and flashing beacon;
 Speed data analysis, intersection control studies including multi way stop control and traffic signal or alternatives, safety studies, and miscellaneous traffic engineering services.
 Transportation, roadway, and Complete Streets design including construction drawings or plans, specifications, engineer’s cost estimate and contract bid documents.  Construction management and inspection support for roadway improvement and transportation projects.
 Assist and provide technical assistance in identification and preparation of various traffic and roadway improvement grant opportunities and applications.

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

General Provisions

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

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the prospective Consultant(s) for the City to verify all information contained therein. If the Packet Page 106
City of Seaside-Request for Qualifications
Traffic Engineering Services
- 5 -
City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.

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

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

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

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

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

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

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

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

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

Packet Page 107
City of Seaside-Request for Qualifications
Traffic Engineering Services
- 6 -
Non‐Discrimination & Non‐Preferential Treatment
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of Seaside contracts.

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

Generally, the grounds for disqualification include:

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

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

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

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

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

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

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

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

Personal financial information that a prospective Consultant(s) considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked “CONFIDENTIAL: PERSONAL FINANCIAL RECORDS; NOT PUBLIC RECORDS.” A prospective Consultant(s) should not mark their entire Qualifications as “Confidential.” During the selection process, the City will keep such information confidential and will not disclose it, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that personal financial Packet Page 108
City of Seaside-Request for Qualifications
Traffic Engineering Services
- 7 -
information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to any prospective agency that is not selected.

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

Packet Page 109
RESOLUTION NO. 21-21

A RESOLUTION OF THE CFTY COUNCIL OF THE CITY OF SEASIDE

APPROVING FEHR & PEERS, HARRISON ENGINEERING, KIMLEY HORN,

PARISI TRANSPORTATION CONSULTING, AND RUGGERI JENSEN AZAR TO

PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES
WHEREAS, Traffic Engineering Services included a vast array of specialties including transportation planning, traffic impact analysis, complete street design, traffic signal design, speed surveys, and peer review; and
WHEREAS, the City of Seaside, on occasion, is in need of consultants who specialize in traffic engineering; and
WHEREAS, on October 20, 2020, the City released a Request for Qualifications for professional services for Traffic Engineering Services; and WHEREAS, on November 16, 2020, proposals were received from six firms offering Traffic Engineering Services; and
WHEREAS, a selection panel reviewed and selected the five top firms: Fehr & Peers, Harrison Engineering, Kimley Horn, Parisi Transportation Consulting, and Ruggeri Jensen Azar as the most qualified to perform these services based on professional qualifications, similar experience and sufficient staffing capabilities to provide service in a timely manner.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approves Fehr & Peers, Harrison Engineering, Kimley Horn, Parisi Transportation Consulting, and Ruggeri Jensen Azar, to provide Traffic Engineering Services on an as needed basis; and
Packet Page 110
BE IT FURTHER RESOLVED, approval to provide Traffic Engineering Services is for a period of three (3) years and may be extended at the City Manager's recommendation for two (2) one year extensions through March 18, 2026. Agreements will have a defined scope, schedule and fee arrangements that will be negotiated on a project by project basis.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 18th day of March, 2021 by the following vote:

AYES: 5 COUNCIL MEMBERS: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
APPROVED:
lan N. Oglesby, F^yor
ATTEST:
><A-^
Dominique L. (&6vis, City Clerk
Packet Page 111
Packet Page 112
Packet Page 113
Packet Page 114
Packet Page 115
Packet Page 116
Packet Page 117
Packet Page 118
Packet Page 119

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: January 19, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH PARISI

TRANSPORTATION CONSULTING TO PROVIDE ADDITIONAL

ON-CALL TRANSPORTATION ENGINEERING SERVICES FOR AN
AMOUNT NOT TO EXCEED $50,000.00 AND APPROPRIATING
$50,000.00 TO THE BUDGET FROM THE SB 1 FUND BALANCE

RECOMMENDATION
Adopt a resolution authorizing an amendment to the professional services agreement with Parisi Transportation Consulting to provide additional on-call transportation engineering services for an amount not to exceed $50,000.00 and appropriating $50,000.00 to the budget from the SB 1 fund balance.

BACKGROUND
On August 10, 2022, Parisi Transportation Consulting entered into a Professional Services Agreement (PSA) with the City for on-call transportation services for assistance with traffic striping plan review, traffic calming application evaluations and implementation, traffic control plan review or preparation, and striping change review and recommendations due to project impacts in the amount of $24,999.00.

To date, the $24,999.00 agreement balance has been depleted and a proposal was requested from Parisi to continue similar services through the end of Fiscal Year 2022- 2023. We received the proposal from Parisi in the amount of $50,000.00 and found the proposed scope and fee to be acceptable. There are sufficient SB 1 funds for services through an amendment to support City staff with transportation related services.

Staff recommends adopting a resolution authorizing the City Manager to execute an Packet Page 120

Item No. 8.F. Page 2 of 2
amendment to the PSA with Parisi Transportation Consulting for an amount not to exceed $50,000.00 for on-call transportation engineering service assistance with striping plan review, traffic calming application evaluations and implementation, traffic control plan review or preparation, and striping change review and recommendations due to project impacts.

FISCAL IMPACT
The Amendment to the PSA with Parisi Transportation Consulting to perform on-call transportation services is for a not to exceed amount of $50,000.00.

The original agreement amount of $24,999.00 has been depleted. An additional amount of $50,000.00 is to be taken from the SB 1 fund balance to continue with on-call transportation engineering services through the rest of the fiscal year 2022/2023. If the amendment is approved, it would result in a revised project budget of $74,999.00.

ATTACHMENTS

1. Resolution

2. Amendment to PSA
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 121
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH PARISI TRANSPORTATION CONSULTING TO PROVIDE

ADDITIONAL ON-CALL TRANSPORTATION ENGINEERING SERVICES FOR AN AMOUNT NOT TO EXCEED $50,00.00 AND APPROPRIATING $50,000.00 TO THE BUDGET FROM THE SB 1 FUND BALANCE
WHEREAS, on March 18, 2021, the City approved Parisi Transportation Consulting (Parisi) as one of the consultants to provide on call traffic engineering service; and WHEREAS, at the request of staff, Parisi submitted a proposal to provide on-call transportation engineering services not to exceed $24,999.00; and WHEREAS, on August 10, 2022, the City approved a Professional Services Agreement with Parisi in the amount of $24,999.00 to provide on-call transportation engineering services; and
WHEREAS, Parisi submitted a proposal to continue providing on-call transportation engineering services through the end of Fiscal Year 2022-2023 in the amount of $50,000.00; and
WHEREAS, Staff has determined the proposed scope of work and budget are reasonable and within the approved budget; and
WHEREAS, there is sufficient SB 1 Fund balance to fund the additional budget request.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an Amendment to the Professional Services Agreement with Parisi Transportation Consulting to providing on-call transportation engineering services for an amount not to exceed $50,000.00; and BE IT FURTHER RESOLVED, that the City of Seaside City Council approves a fiscal year 2022/2023 budget appropriation in the amount of $50,000.00 from the SB 1 Fund to On-Call Transportation Engineering Services (100-8910-1030) such that the revised Project Packet Page 122
budget is $74,999.00, and directs the Finance Director to make appropriate budget adjustments.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 19th day of January, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 123
Packet Page 124
Packet Page 125
Packet Page 126
Packet Page 127
Packet Page 128

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

SERVICE AGREEMENT WITH SCHAAF AND WHEELER TO

PREPARE A WATER SYSTEM MASTER PLAN FOR SEASIDE

MUNICIPAL WATER SYSTEM FOR AN AMOUNT NOT TO EXCEED
$88,000.00

RECOMMENDATION
Adopt a resolution authorizing a professional services agreement with Schaaf and Wheeler to prepare a water system master plan for Seaside Municipal Water System for an amount not to exceed $88,000.00.

BACKGROUND
The Seaside Municipal Water System (SMWS) includes one active well, two storage tanks, a small booster pump station and approximately 800 customer connections. The service area is effectively built-out because there is no developable land remaining. The last SMWS master plan was prepared in 2005. The City should have the past master plan and water system capital improvement program updated to reflect current system conditions, demands, and other system needs.The water system master plan provides supportive documentation for a water rate study.

In December 2022, staff requested a proposal from Schaaf and Wheeler to develop a new water system master plan for Seaside Municipal Water System. On December 27, 2022, Schaaf and Wheeler provided a proposal to develop the SMWS Master Plan in the amount not to exceed $88,000.00. The services in the proposal include: project management and attendance to meetings; review of existing plans (existing City General Plan, 2005 Water System Master Plan and Rate Study, 2019 Water Rate Study, and FY 2022/23 CIP) and other related documents; conducting analysis; preparation of Packet Page 129

Item No. 8.G. Page 2 of 2
administrative draft plans, cost estimates and reports; preparation of a public review draft plan and cost estimates; and preparation of a final plan report including presentation to the City Council. Schaaf and Wheeler estimates it will take 5 months to complete the water system master plan. Staff reviewed the scope of work and fee in the proposal, and finds it acceptable.

The water system master plan will provide recommendations on maintenance, repairs, and capital projects, and prioritization of capital projects with current budget. It will also provide supportive documentation needed for a water rate study.

FISCAL IMPACT
The professional services agreement with Schaaf and Wheeler is in the amount not to exceed $88,000.00, to be billed on a time and materials basis. A 10% contingency adds $8,800.00 for a total of $96,800.00 for development of the water system master plan.

The adopted fiscal year 2022/23 budget for the Water Master Plan is $170,000.00. The Water Plan Plan Account (No. 401-8910-9566) will also be used to fund the update to the Seaside Municipal Water Rate Study. There are sufficient funds in the account to fund both services.

Staff recommends adopting a resolution authorizing the City Manager to execute a professional services agreement with Schaaf and Wheeler for the development of a water system master plan for an amount not to exceed $88,000.00 and written amendments such that the total agreement does not exceed $96,800.00.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 130
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE PROFESSIONAL SERVICES AGREEMENT WITH SCHAAF

AND WHEELER TO PREPARE A WATER SYSTEM MASTER PLAN FOR AN AMOUNT NOT TO EXCEED $88,000.00
WHEREAS, the Water Master Plan (Project) is adopted in the fiscal year 2022/2022 Capital Improvement Program (CIP) annual budget; and WHEREAS, Schaaf and Wheeler is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and WHEREAS, Staff requested a proposal from Schaaf and Wheeler to prepare a new water system master plan for Seaside Municipal Water System (SWMS); and WHEREAS, on December 27, 2022, Schaaf and Wheeler provided a proposal to develop the SMWS Master Plan in the amount not to exceed $88,000.00; and WHEREAS, Schaaf and Wheeler has prepared water system master for numerous other agencies in the Bay Area; and
WHEREAS, to complete the water system master plan, Schaaf and Wheeler will provide: project management and attendance to meetings; review of existing plans (existing City General Plan, 2005 Water System Master Plan and Rate Study, 2019 Water Rate Study, and FY 2022/23 CIP) and related documents; conducting analysis; preparation of administrative draft plans, cost estimates and reports; preparation of a public review draft plan and cost estimates; and preparation of a final plan report including presentation to the City Council; and
WHEREAS, Staff reviewed the scope of work and fee in the proposal, and finds it acceptable; and
WHEREAS, an amount of $8,800.00 contingency, 10% of the contract value, should be authorized on an as required basis; and
WHEREAS, the adopted fiscal year 2022/23 budget for the Water Master Plan Account (No. 401-8910-9566) is $170,000.00; and
Packet Page 131
WHEREAS, there are sufficient funds in the Water Master Plan Account to fund the preparation of water system master plan by Schaaf and Wheeler; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Professional Services Agreement with Schaaf and Wheeler to prepare a water system master plan for an amount not to exceed $88,000.00 and written amendments such that the total agreement does not exceed $96,800.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 19th day of January, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 132

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION PROJECTS

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN
THIS AGREEMENT, is made and effective JANUARY 19, 2023, between the City of Seaside, a municipal corporation ("Agency") and SCHAAF & WHEELER, A CORPORTATION (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

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

5. PAYMENT
Packet Page 133

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN
Rev. 1/18 Page 2 COS Design PSA
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed EIGHTY EIGHT THOUSAND DOLLARS ($88,000) 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.

7. DEFAULT OF CONSULTANT
Packet Page 134

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN
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.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

Packet Page 135

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN
Rev. 1/18 Page 4 COS Design PSA

Packet Page 136

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN
Rev. 1/18 Page 5 COS Design PSA

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

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

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN
Rev. 1/18 Page 6 COS Design PSA
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.

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.

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN
Rev. 1/18 Page 7 COS Design PSA
(iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To Agency:

To Consultant:
__City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
___SCHAAF & WHEELER______
3 QUAIL RUN CIRCLE, SUITE 101
____SALINAS, CA 93907______

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, ANDREW A. STERBENZ, P.E shall be the Project Manager and Engineer of Record for the services described in this Agreement.

ANDREW A. STERBENZ, P.E 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 ANDREW A.

STERBENZ P.E 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.

Packet Page 139

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN
Rev. 1/18 Page 8 COS Design PSA

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
Consultant shall complete the outlined scope of work in a timely manner within the time frame per “Section 1. Term” of this contract.

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 "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.

Packet Page 140

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN
Rev. 1/18 Page 9 COS Design PSA
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CONSULTANT:

By: ______________________________ Date:_________________ ANDREW A. STERBENZ, P.E.

City of Seaside, A Municipal Corporation
______________________________ Date:_________________
Jaime Fontes, City Manager
Attachments: Exhibit A Scope of Work/Consultant Proposal Exhibit B Insurance Requirements
Exhibit C Request for Proposal
Exhibit D Resolution Approving On-Call List
01/11/2023
Packet Page 141
Santa Clara ● San Francisco ● Santa Rosa ● Salinas
December 27, 2022
City of Seaside, Public Works Department
Attn: Ms. Nisha Patel, PE
440 Harcourt Avenue
Seaside, CA 93955
Subject: Proposal for Seaside Municipal Water System Master Plan Dear Nisha:

Schaaf & Wheeler is pleased to propose engineering services for the Seaside Municipal Water System Master Plan. The City’s water system includes one active well, two storage tanks, a small booster pump station and approximately 800 customer connections. The service area is effectively built-out. The previous master plan was prepared in 2005. The City wishes to update the master plan and update the water system capital improvements program.

Our detailed scope of work and fee estimate are attached. We estimate that the planning effort will take four to five months to complete, depending upon the availability of City staff and access to needed system data. Our estimated fee for this project is $88,000. Costs will be billed on a time and materials basis, with a not-to-exceed limit. Our 2023 charge rate schedule is attached.

We thank you for this opportunity to propose services for the City of Seaside Municipal Water System Master Plan. Should you need any further information, please contact me at (831) 883-4848 or [email protected].

Sincerely,
Schaaf & Wheeler
Andrew A. Sterbenz, PE
Vice President
Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
3 Quail Run Circle, Suite 101
Salinas, CA 93907
831-883-4848

EXHIBIT A
Packet Page 142
Ms. Nisha Patel, PE December 27, 2022
Schaaf & Wheeler Page 2
Project Understanding
The City of Seaside Municipal Water System serves a portion of the City, with 760 residential customers and 32 commercial customers. The system has one active water well, two water storage tanks and a small booster pump station. The majority of the system is under gravity pressure from the water tanks. All water supply comes from the Seaside Groundwater Basin. The system has an emergency inter-tie with California American Water, which serves the adjacent portions of the City.

The City is also responsible for groundwater supply to the Bayonet and Blackhorse Golf Course.

The last water system master plan was prepared in 2005. Since that time, the City’s allocation of groundwater under the Seaside Basin Water Master has been reduced, and the City is currently converting the golf course to recycled water, which will allow increased groundwater use elsewhere within their system. The City is currently updating the General Plan, but the portion of the City within the Municipal Water System is effectively built out. The City is also currently designing a new water supply well.

Scope of Work

1. Project Management and Meetings

1.1. Schaaf & Wheeler will manage the project and prepare and submit monthly invoices and progress reports.

1.2. The Schaaf & Wheeler team will attend meetings with City staff, the City Council and other agencies as needed to complete the master plan analysis and reports, and to present the results. We will prepare agendas, presentations and staff reports as needed, depending upon the meeting, and prepare meeting summaries and action item lists. The anticipated meetings for this project are:
• Project kick-off meeting with City staff
• Review meeting(s) with staff to discuss the modeling results, draft CIP and draft reports • City Council meeting to present draft report
• City Council meeting to present final report for adoption

2. Review Existing Plans and Related Documents

2.1. Schaaf & Wheeler will review the City’s general plan and the following technical reports, which form the basis of the current capital improvement program:
• 2005 Water System Master Plan and Rate Study
• 2019 Water Rate Study
• FY 2022/23 CIP

2.2. Schaaf & Wheeler will review the Seaside Basin Water Master rules, Monterey Peninsula Water Management District rules and any agreements pertaining to water supply for the City.

3. Conduct Analysis

3.1. Schaaf & Wheeler will conduct analyses as required to prepare the master plans.

3.1.1.Construct the current condition system model. The 2005 Master Plan modelled the system in WaterCAD. If those files are available, we will update the model with current water demands and production wells. If they are not available, we will reconstruct the model. Water demands will be based on customer billing records.

EXHIBIT A
Packet Page 143
Ms. Nisha Patel, PE December 27, 2022
Schaaf & Wheeler Page 3

3.1.2.Model calibration will use available SCADA system records, augmented as needed with pressure recorders and hydrant flow tests.

3.1.3.Update the future water demand projections. This will include accounting for in-fill development (ADUs) as well as any new demands external to the system which would need to be met from City wells. This would include providing water to CalAm under the mutual support agreement.

3.1.4. Schaaf & Wheeler will visit and evaluate the water system facilities. We intend to visit every location with SCADA and control panels, including all wells, booster pump stations and water tanks. Data will be collected in standardized worksheets and the results presented in a technical appendix to the report. The inspections will be visual and focused upon the electrical and pumping equipment. Additional electrical or structural evaluations may be recommended. Facilities requiring upgrade or repair will be addressed in the capital improvement project list.

3.1.5.We will work with the City O&M Superintendent to identify facilities in need of replacement or upgrade. We would like to review the valve exercising schedule, pump maintenance schedules and any other applicable records in order to identify needed capital replacements.

3.1.6.Review the current capital improvement programs and the projects identified in the 2005 master plan. The need for each project will be validated against the updated development projection and current and future condition system models.

3.1.7.Prepare updated capital improvement project lists, with current-year cost estimates.

Project descriptions will include the timing of the project, the reason it is required (which deficiency it addresses or development it supports), an allocation of need between cost centers (if applicable) and details of the project (location map and materials list).

4. Prepare Administrative Draft Plans, Cost Estimates and Reports

4.1. Schaaf & Wheeler will prepare administrative draft water master plan for staff review, as outlined below. Plans will be submitted in hard copy and as electronic files (pdf, MS Word, MS Excel). Following review by City staff, we will meet with staff to receive comments and discuss changes.

4.1.1.Report Outline
• Introduction and Overview. Provide the background, history, purpose of the report.

Summarize existing land use and planning information and agency coordination. • System Description. Provide a general description of water system, zones, wells, pump stations, reservoirs, distribution system and service area networks, location and service area maps,
• Water Usage and Demand Projections. Water demand, use and deliveries; projected water demands; updated zoning and land use plans. Demand changes due to recycled water availability.
• Supply Sources. Existing and Planned Sources of Water, Groundwater, Surface Water, Stormwater, Exchanges or Transfers, Future Water Projects, Basin Management, and Climate Change.

EXHIBIT A
Packet Page 144
Ms. Nisha Patel, PE December 27, 2022
Schaaf & Wheeler Page 4
• Planning and Design Criteria. Water Quality, Seawater Intrusion, Groundwater Contamination, Water Supply Capacity, Storage Requirements – Operational, Fire, Emergency and Total Storage, Service Pressures, Mains and Peaking Factors. • Supply and Storage Evaluation. Evaluate Supply Capacity, Water Rights and Augmentation, Storage Capacity and Proposed Reservoirs. • Hydraulic Analysis. Provide Model Development and Calibration, Results of Hydraulic Analysis, Modeling of Future System and Projected Demands.

Recommended Improvements, Projects and Project Information. • Capital Improvement Program. Recommend projects with descriptions, cost estimates and projected timing.

5. Prepare Public Review Draft Plan and Cost Estimates

5.1. Schaaf & Wheeler will incorporate changes pursuant to comments received from staff during the administrative draft review. We will prepare Public Review Drafts of the reports.

We will submit one electronic copy and submit 10 bound copies for a City Council meeting

5.2. Schaaf & Wheeler will attend and present the draft report at the City Council meeting.

Schaaf & Wheeler will prepare a draft Agenda transmittal and presentation for inclusion in the Council meeting packet.

6. Prepare Final Plan Report

6.1. Schaaf & Wheeler will incorporate changes pursuant to comments received at the City Council presentation. We will submit an electronic proof copy in tracked-changes for staff review. Following staff approval, we will submit one unbound copy, 10 bound copies, and one electronic copy of the report.

6.2. Schaaf & Wheeler will present the final Master Plan report and recommended CIP to the City Council at a regularly scheduled Meeting. We will receive any final City Council corrections and changes for adoption of the Final Plan Report. We anticipate that the plans will be approved with edits at the meeting.

6.3. Schaaf & Wheeler will incorporate the final corrections and changes for the adopted Final Report and provide 10 bound copies of the City Council adopted Master Plan Report and one electronic copy of each report. The final deliverable package will include the water master plan model files.

7. Assumptions and Limitations

7.1. We assume that CEQA review is not required for the master planning effort. CEQA reviews will be conducted on a project by project basis as needed.

7.2. We assume there will be no more than three modeling scenarios required to consider providing water to outside customer areas.

8. Services Not Included

8.1. Detailed civil design. Capital Projects will be identified and estimated at a functional/conceptual level only.

8.2. Topographic surveying. Model will be based on the existing topographic map and system plans.

EXHIBIT A
Packet Page 145
Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
Client:

Project:

Task:

Estimate Date: 12/20/2022

TASK ITEMS PRINCIPAL SENIOR SENIOR ASSOC ASST JUNIOR IN-HOUSE IN-HOUSE TOTAL TASK PM PM ENG ENG ENG ENG SUBTOTAL LABOR MATERIAL COSTS $ TOTAL NO. DESCRIPTION $275 $250 $235 $210 $195 $185 M.H.'S COSTS $ COSTS $ W/ MARK-UP 1 Project Management & Meetings $10,730
Management and Routine Meetings 12 12 24 $5,640 $5,640
Kickoff Meeting 2 2 4 $940 $940
Admin Draft Review Meeting 4 8 12 $2,660 $2,660
Present public draft at City Council 2 2 4 $940 $940
Present final report at City Council 2 2 $550 $550
2 Review Existing Plans and Documents $3,360
Document Review 4 4 8 16 $3,360 $3,360
3 Analysis $42,750
Current condition model (assumes rebuilding from map) 2 4 4 80 90 $17,130 $17,130 Calibration field work 12 24 36 $6,780 $6,780
Future condition model(s) 2 4 8 24 38 $7,550 $7,550
Site visits and evaluations 2 4 8 8 22 $4,590 $4,590
Catalog existing needs/deficiencies 4 4 $780 $780
Assess status of previous CIP's 4 4 $780 $780
Identify required projects 4 4 8 8 24 $5,140 $5,140
4 Prepare Administrative Draft Report $19,030
Prepare Report Chapters 12 8 8 24 52 $11,300 $500 $11,850 Prepare Project Descriptions and Cost Estimates 4 16 16 36 $7,180 $7,180 5 Prepare Public Review Draft Report $7,170
Update report text and figures 4 4 8 16 32 $6,620 $500 $7,170 5 Prepare Final Report $4,910
Update report text and figures 4 4 4 8 20 $4,360 $500 $4,910 Total 60 32 0 0 112 216 420 $86,300 $1,500 $87,950 $87,950 ROUNDED TOTAL $88,000
City of Seaside
Water System Master Plan
FeeEst_Seaside.xlsx/Water MP 12/27/2022

EXHIBIT A
Packet Page 146
Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Current rates by classification are listed below:

Classification Rate/Hr Classification Rate/Hr
Principal Project Manager $275 Construction Manager $250 Senior Project Manager $250 Senior Resident Engineer $235 Senior Engineer $235 Resident Engineer $210
Associate Engineer $210 Assistant Resident Engineer $190 Assistant Engineer $195
Junior Engineer $185
Designer $175
GIS Analyst $175
Technician $160
Engineering Trainee $135
Litigation Charges
Work done in preparation for litigation and other very high level-of-expertise assignments is charged at $400 per hour. Court or deposition time as an expert witness is charged at $500 per hour.

Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.

Effective 1/1/23
Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Dr., Suite 350
Santa Clara, CA 95054-1860
408-246-4848

EXHIBIT A
Packet Page 147

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN EXHIBIT B

EXHIBIT B

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

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

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

Packet Page 148

SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN EXHIBIT B
Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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

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

Packet Page 149

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

In the alternative, Agency may cancel this Agreement.

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

Packet Page 150

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

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

Packet Page 151
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx

REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

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

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

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

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

EXHIBIT C
Packet Page 152
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 2 - Statement of Qualifications Submittal Requirements
The SOQ should include the following information:

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

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

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

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

Release RFQ
Questions Due
Thursday, March 24, 2022
Friday, April 8, 2022
Proposal due
Proposal Ranking
Friday, April 22, 2022
April 24, 2022 – May 20, 2022
Consultant Award (if applicable) Friday, May 27, 2022

EXHIBIT C
Packet Page 153
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 3 - Questions Regarding This Project
All questions and/or contacts regarding this Request should be directed to:

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

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

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

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

4. Client References. – 10 points

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

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

A. Engineering Services
Design, Survey and Geometrics
Pavement Evaluation, Design and Testing
Pavement Management Program Evaluation and Report

EXHIBIT C
Packet Page 154
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 4 - Hydrology/Hydraulic Analysis
Structural Analysis and Design
Well Design and Rehabilitation
Water System Design and Rehabilitation
Storm Drain System Design and Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations and Mitigation
Preliminary Engineering Studies
Technical Studies and Reports
Peer Reviews
Coordination with Other Agencies and Utilities
Constructability and Bidability Reviews
On-Call Services
Staff Augmentation
All materials submitted to the City will become the exclusive property of the City of Seaside.

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

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

General Provisions

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the

EXHIBIT C
Packet Page 155
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 5 - prospective Consultant(s) for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.

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

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

EXHIBIT C
Packet Page 156
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 6 -

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

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

Generally, the grounds for disqualification include:

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

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

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

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

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

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

EXHIBIT C
Packet Page 157
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 7 - Personal financial information that a prospective Consultant(s) considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked “CONFIDENTIAL: PERSONAL FINANCIAL RECORDS; NOT PUBLIC RECORDS.” A prospective Consultant(s) should not mark their entire Qualifications as “Confidential.” During the selection process, the City will keep such information confidential and will not disclose it, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that personal financial information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to any prospective agency that is not selected.

EXHIBIT C
Packet Page 158

EXHIBIT C
Packet Page 159

EXHIBIT C
Packet Page 160

EXHIBIT D
Packet Page 161

EXHIBIT D
Packet Page 162

EXHIBIT D
Packet Page 163

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: January 19, 2023
SUBJECT: ADOPT A RESOLUTION APPROPRIATING $6,200.00 FROM THE

GENERAL FUND TO SUPPLEMENT THE BUDGET FOR THE TRAIL

MAINTENANCE STRATEGY AND ENVIRONMENTAL REVIEW FOR

THE LAGUNA GRANDE REGIONAL PARK

RECOMMENDATION
Adopt a resolution appropriating $6,200.00 from the general fund on behalf of the Laguna Grande Joint Powers Agency to supplement the budget for the Trail Maintenance Strategy and Environmental Review for the Laguna Regional Park.

BACKGROUND
The Laguna Grande Regional Park Joint Powers Agency (JPA) includes a representative from the City of Monterey, City of Seaside, and Monterey Peninsula Regional Park District. The JPA was reinvigorated in 2019. In 2021, the JPA adopted Resolution 2021- 01 awarding the contract to BFS to prepare a trail maintenance strategy and environmental document to address some of the community concerns about the south end of the park. The original contract of $109,965 divided costs between the three agencies as follows: Cities of Seaside and Monterey $24,982.50, and Monterey Peninsula Regional Park District $60,000.00.

The Draft Trail Maintenance Strategy was approved by the JPA for environmental review, and the environmental review is almost complete. However, discrepancies in the park boundary and ownership were discovered during the project's review. The consultant indicates the cost to correct the documents and conduct additional site research will cost $18,600.00. To complete this phase of the project, staff recommends that the City Council authorize an additional $6,200.00 from the General Fund to help cover the cost. The City of Monterey approved funding the whole cost. However, they are requesting the other two member agencies to split the cost three ways.

Packet Page 164

Item No. 8.H. Page 2 of 2
As noted in previous staff reports, the JPA hopes to archive a certified environmental document through this process. If successful, the JPA or appropriate government agency would then pursue permits for the project from various resource agencies such as the Regional Water Quality Control Board, etc. Additional permits will be brought forward to the member agencies at the appropriate time. Maintenance permits can only commence after all permits are obtained.

Staff recommends that the City Council adopt the attached resolution authorizing the appropriation of funds in the amount of $6,200.00 to supplement the budget for the Laguna Grande Regional Trial Maintenance Strategy and environmental review from the General Fund and issue payment to reimburse the City of Monterey.

FISCAL IMPACT
The original contract cost was $109,965.00 for the trail maintenance strategy and environmental review. The original contract divided costs between the three agencies as follows: Cities of Seaside and Monterey contributed $24,982.50 each, and Monterety Peninsula Regional Park District contributed $60,000. Due to discrepancies in the project area boundary and resulting delays that staff and the consultants had to resolve, the consultant's scope of work is proposed to be amended and the cost increase is $18,600.00. The City of Monterey approved the payment with the hopes that the City of Seaside, and the Park District would share the cost with the City of Monterey.

The amended budget for the project would be funded as follows if the cost is shared:

Monterey Regional Park District - $6,200.00
City of Seaside - $6,,200.00
City of Monterey - $6,200.00
Total - $18,600.00

ATTACHMENTS

1. BFS Laguna Grande Park scope

2. JPA Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 165
1580 West El Camino Real, Suite 12, Mountain View 94040 Q (650) 326-6622 P Q (650) 963-9421 F
425 Pacific Street, Suite 201, Monterey, California 93940 Q (831) 646-1383 P Q (831) 373-8653 F BFS Landscape Architects Q bfsla.com
landscape
architects
P19 - 110_Scope 20210217.docx

1.0 TRAIL MAINTENANCE STRATEGY

1.01 Project Management: This task includes project contract execution, preparation of project and contract files; preparing and maintaining project budgets, coordination of personnel, subconsultants, and communications.

1.02 Inventory existing trail network and biotic communities. Review previous maintenance agreements and permits. BFS will provide trail assessment and mapping; EMC Planning Group biologists will assess trail corridor natural resources. Map and summarize in table and narrative.

1.03 Prepare a draft trail maintenance strategy that identifies appropriate pathways throughout the park.

Consider additional trails and access restriction needs. In all trail corridors with extensive vegetation, such as the southern end of the park, determine if maintenance is needed and appropriate actions. Biotic Resources Group will evaluate assessment, trail conditions, and prepare initial vegetation management recommendations.

1.04 Review maintenance strategy with JPA staff and stakeholders, such as California Department of Fish and Wildlife, Coastal Commission, and Regional Water Quality Control Board and interested parties (Audubon Society), residents, etc.

1.05 Revise maintenance strategy based on public and stakeholders’ input.

1.06 Present maintenance strategy to the JPA to finalize the project description of proposed work.

1.07 Prepare the required environmental document. Staff anticipates that this project will trigger a Mitigated Negative Declaration. The scope of work should include any necessary background reports to make necessary conclusions for trail maintenance, such as but not limited to biological resources.

1.08 Present maintenance strategy and environmental document to the JPA for certification.

1.09 FINAL TRAIL MAINTENANCE STRATEGY. Final document will incorporate any comments, mitigation recommendations noted by CEQA document.

2.0 COMMUNITY OUTREACH

2.01 Kickoff Meeting: Meet with JPA staff to review community outreach strategy. Set dates for meetings. Coordinate online protocols and management.
a. BFS assumes project will be hosted on www.haveyoursaymonterey.org b. Project material mailing, distribution and posting to website page to be managed by JPA staff.

2.02 Community and Neighborhood Meetings:

Scope of Services
Laguna Grande Park Master Plan
Revised February 17, 2021
Packet Page 166
BFS LANDSCAPE ARCHITECTS February 17, 2021 | Page 2 of 3 a. Coordinate and facilitate two (2) similar neighborhood / community meetings on a virtual platform (i.e. Zoom/Google Meet). Community meetings to be scheduled to cast a wide net for community input. Schedule meetings to occur concurrently while site investigations and field studies are occurring.
b. Work with JPA staff to provide noticing to the community. BFS to prepare fliers and digital notices. Opportunity to submit written comments is included. c. Online forum and agenda:

1. Meetings to be set up in a town hall forum to introduce the project scope to the community.

2. Meetings to include brief presentation by JPA and BFS (to be Powerpoint/PDF) followed by Q&A period. BFS to review Q&A facilitation with JPA. (BFS suggests a timed window for participants to provide ideas, suggestions, and comments)

3. Meeting materials to be available in both English and Spanish.

4. Live Spanish translation to be coordinated as needed.

2.03 Meetings Summary: BFS to summarize virtual meetings and all community input received. Provide to JPA staff a document that can be posted online to project website.

2.04 Meeting Review: Review the community feedback with JPA staff and make recommendations about priorities and next steps moving forward.

2.05 JPA Draft Plan Review Public Meeting:
a. Coordinate posting of Draft Trail Maintenance Plan to online platform by JPA staff for community review and input. Create opportunity for community to provide digital feedback and response.
b. Work with JPA staff to provide noticing to the community of the presentation of the Draft Trail Maintenance plan to JPA Board.
c. Present Draft Trail Maintenance Plan to Board with JPA staff. BFS to prepare presentation ( PowerPoint /PDF). Allow for community response period after presentation. d. BFS to summarize virtual Board meeting and community input. Provide a document that can be posted online, by JPA staff, to the project website. e. Review JPA Board and community response with JPA staff. BFS and JPA staff to identify revisions or comments to be incorporated into the Draft Trail Maintenance Plan.

2.06 JPA Final Plan/CEQA Review Public Meeting: JPA staff to prepare presentation; BFS staff to provide support graphics. BFS/EMC to attend virtual meetings.

5.0 ADDITIONAL SERVICES
Any presentations, drawings or documents not identified in the Scope of Services will be considered additional services. Additional services are provided only as authorized and on an hourly basis unless otherwise approved.

5.10 Any permitting: Obtain necessary permits (Fish and Wildlife, Regional Water Quality, Coastal Commission) for project implementation. This task is budgeted as an additional service. Scope detail will be refined as permit requirements are identified.

Packet Page 167
BFS LANDSCAPE ARCHITECTS February 17, 2021 | Page 3 of 3

EXCLUSIONS
The following are excluded from our scope of services.

1. Printing and distribution of flyers / agenda / handouts for Community meetings.

2. Translation services for Community meetings.

3. Architectural Review Board Submittal.

4. Tree survey / Arborist Report.

5. Signage & graphics artwork.

6. Off-site improvements, except for utility connections. -END -

COMPENSATION

1.0 TRAIL MAINTENANCE STRATEGY & CEQA REVIEW
EMC Planning.......................................................................................$29,440 Biotic Resources Group........................................................................ .$8,665 BFS Landscape Architects ...................................................................$33,410 TOTAL ........................................................................................................$71,515

2.0 COMMUNITY OUTREACH.........................................................................$22,200

5.0 ADDITIONAL SERVICES

5.1 Permitting..............................................................................................$13,000 REIMBURSABLE EXPENSES BUDGET .................................................................$3,250 HOURLY RATES AND REIMBURSABLE EXPENSES: See attached Standard Schedule of Compensation dated May 2020.

Attachments: Standard Schedule of Compensation, dated 5/2020.

SCHEDULE

1.0 TRAIL MAINTENANCE STRATEGY

1.01 Contract Awarded & Executed February – March 2021

1.02 Project Management March – October 2021

1.03 Inventory March – May 2021

1.04 Prepare Draft Trail Maintenance Strategy May 2021

1.05 Review with JPA and Stakeholders July 2021

1.06 Revise Trail Maintenance Strategy August 2021

1.07 Present Strategy to JPA/Finalize Project Description September 2021

1.08 Prepare Environmental Document for Certification October 2021

5.10 Obtain Permits TBD
Notice: Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Technical Committee at: Landscape Architects Technical Committee, 400 R Street, Suite 4000, Sacramento, CA 95814, (916) 445-4954.

Packet Page 168
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE APPROPRIATION OF FUND IN THE AMOUNT OF SIX THOUSAND TWO HUNDRED DOLLARS ($6,200.00) TO THE CITY OF MONTEREY

TO SUPPLEMENT THE BUDGET FOR THE TRAIL MAINTENANCE STRATEGY

AND CONDUCT AN ENVIRONMENTAL REVIEW FOR THE LAGUNA GRANDE

REGIONAL PARK
WHEREAS, the existing Laguna Grande Regional Park Joint Power Agency desires to create a trail maintenance strategy for Laguna Grande Park and conduct environmental review of this proposal; and
WHEREAS, after a competitive RFP process, on April 21, 2021, the JPA selected Bellinger Foster Steinmetz to perform the work. The cost of the work is $109,965, and it will be funded with member agencies contributing as follows: the City of Monterey contributing $24,982.50, the City of Seaside contributing $24,982.50, and the Monterey Regional Park District contributing $60,000; and
WHEREAS, the JPA adopted Resolution 2021-01 awarding the contract to BFS Landscape Architects and suthorzing the City of Monterey to collect payment from JPA member entities and to issue payment to BFS Landscape Architects when payment is due; and WHEREAS, the members of the JPA determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approve the appropriation of $6,200.00 from the General Fund to the City of Monterey for the supplement budget amendment for the development and environmental work for the JPA.

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

AYES: COUNCIL MEMBERS:

Packet Page 169
NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
Packet Page 170

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: January 19, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN

TO PROVIDE ENGINEERING SUPPORT SERVICES FOR AN
AMOUNT NOT TO EXCEED $13,100.00

RECOMMENDATION
Adopt a resolution authorizing an amendment to the professional services agreement with Kimley-Horn to provide engineering support services for an amount not to exceed $13,100.00

BACKGROUND
The Engineering Division has vacancies in two Senior Civil Engineer positions that provide management and oversight over capital improvement projects, development projects, and Engineering staff work production.

The City commenced with recruitment to fill the Senior Civil Engineer positions. To provide additional support until the positions are filled, the Human Resources Manager hired Ryan Bernal from Kimley-Horn to provide support with Engineering work related to the development of the site just south of Divarty Street between 1st Avenue and 2nd Avenue and Fire Station No. 2 project at northwest corner of Gigling Road and 1st Avenue.

The City entered into a Professional Services Agreement (PSA) with Kimley-Horn for Engineering staff support in the amount of $24,999.00. Ryan Bernal provided support under that contract from October through December 2022.

The work Ryan Bernal was managing is transitioning to Schaaf and Wheeler, as they are providing the overall senior management level support for the Public Works Packet Page 171

Item No. 8.I. Page 2 of 2
Engineering Division for the next few months. Staff requested a proposal from KimleyHorn to continue to provide Engineering support for up to 10 hours a week in January 2023, on a time and materials basis. Kimley-Horn provided the proposal for Ryan Bernal to provide support in January 2023 or until the budget is expended. Staff reviewed the proposal and finds the scope of work and fee acceptable.

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an Amendment to the Professional Services Agreement with Schaaf and Wheeler for an amount not to exceed $13,100.00, with a total PSA amount of $37,399.00.

FISCAL IMPACT
There is no fiscal impact to the Amendment to the Professional Services Agreement with Schaaf and Wheeler for staff support including Acting City Engineer services. There are salary savings from the Senior Civil Engineer position being vacant since the beginning of the fiscal year. The PSA and amendment to the PSA with Schaaf and Wheeler will be paid from salary savings. Funds from the salary account will be transferred into the Engineering Consultant account (No. 100-8910-1030) to pay for services under the PSA and Amendment to the PSA.

ATTACHMENTS

1. Resolution

2. Amendment
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 172
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH KIMLEY-HORN TO PROVIDE CIVIL ENGINEERING SUPPORT SERVICES FOR AN AMOUNT NOT TO EXCEED $37,399.00.

WHEREAS, Engineering has vacancies in two Senior Civil Engineer positions that that provide management and oversight over capital improvement projects, development projects, and Engineering staff production; and
WHEREAS, the City has commenced with recruitment to fill the Senior Civil Engineer positions; and
WHEREAS, to provide additional support until the positions are filled, the Human Resources Manager hired Ryan Bernal from Kimley-Horn to provide support with Engineering work related to two projects; and
WHEREAS, the work Ryan Bernal was managing is transitioning to Schaaf and Wheeler, as they are providing the overall senior management level support for the Public Works Engineering Division for the next few months; and WHEREAS, the City Manager approved a Professional Services Agreement (PSA) with Kimley-Horn in the amount of $24,999.00 for staff support; and WHEREAS, Staff requested a proposal from Kimley-Horn to continue to provide Engineering support for up to 10 hours a week in January 2023, on a time and materials basis; and
WHEREAS, Kimley-Horn provided the proposal for Ryan Bernal to provide support in January 2023; and
WHEREAS, Staff reviewed the proposal and finds the scope of work and fee acceptable.; and
WHEREAS, there is salary savings from unfilled Senior Civil Engineer positions to fund the Kimley-Horn PSA and Amendment to the PSA; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an Amendment to the Professional Packet Page 173
Services Agreement with Kimley-Horn to continue to provide Engineer staff support for an amount not to exceed $13,100.00, and total Professional Services Agreement amount of $37,399.00.

BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the Finance Director to make a budget transfer from the Engineering salary account to the Engineering Consultant account (No. 100-8910-1030) from which the Kimley-Horn PSA and Amendment to the PSA will be paid.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 19th day of January, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 174
DocuSign Envelope ID: 7ED912CB-68A0-4383-9DDF-5FFBEE6EF968 Packet Page 175
DocuSign Envelope ID: 7ED912CB-68A0-4383-9DDF-5FFBEE6EF968 1/3/2023
Packet Page 176
City of Seaside LDMU77003.2022 Seaside Engineering Support Services January 3, 2023
Submitted Electronically
Ms. Nisha Patel, P.E.

Public Works Directory / City Engineer

CITY OF SEASIDE
440 Harcourt Avenue
Seaside, CA 93955
RE: Seaside Engineering Support – Additional Services Request Dear Ms. Patel:

Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter proposal for additional services (the “Proposal”) to City of Seaside (“Client”) for providing civil engineering support services to supplement staffing needs for the Public Works Department.

The scope of services can be generally described as follows:

SCOPE OF SERVICES
Kimley-Horn and Associates, Inc. (Kimley-Horn) will provide as-needed consulting services to the Client for general development services support for municipal and private projects. Client and Consultant to coordinate services that can be provided by Consultant and will provide qualifications to City as needed for specialty services.

This proposal is written for anticipated assistance with City Projects including but not limited to Divarty Road between First Avenue and Second Avenue. We are allocating 45 hours for this assistance.

Kimley-Horn consulting services will be provided as requested by means of in-person presence at City offices, attendance to meetings, attendance to Council and Commission meetings, virtual video and tele-conference calls, email correspondence, or as otherwise directed by the Client. Travel time and related travel expenses for in-person meetings shall be reimbursed per the terms and conditions of this agreement. Client and Consultant will coordinate weekly on services to be provided (as can be reasonably accommodated by Consultant).

At the direction of the Client, Kimley-Horn will perform Civil Engineering services in conformance with City standards for their review and authorization.

The rates provided in Attachment 1 are effective through June 2023. Subsequent rate increases will be reviewed in June of each year, starting June 2023. The actual rate increase will vary based on then current conditions. It is anticipated that services will be completed before June 2023, and discussion regarding rates will not likely be required related to these additional services.

Packet Page 177
City of Seaside LDMU77003.2022 Seaside Engineering Support Services FEE
Kimley-Horn will perform the Scope of Services described above “T&M Budget” on a labor fee plus expense basis, up to $12,400 in labor fees. This is estimated using a total of 45 hours of services. Should service requests exceed the maximum contract fee, Kimley-Horn will notify the Client and determine if additional contract fee can be obtained to continue service. Labor fee will be billed on an hourly basis according to our then-current rates (enclosed).

As related to these as-needed tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. Kimley-Horn has accounted for up to $700 in reimbursable expenses for the duration of the work. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.

The total estimated fee for these services including labor and expenses is $13,100.

ADDITIONAL SERVICES IF REQUIRED
Should other distinct Kimley-Horn consulting services, such as preparation of civil drawings, landscape drawings, CEQA documents, marketing, etc., be requested then a separate proposal outlining these scopes of services will be prepared and presented to Client for approval. Such Additional Services, once approved by Client, will be contracted for under a separate individual Task Order.

SCHEDULE
The Client and Kimley-Horn shall mutually identify and agree on deliverable dates as reasonably applicable.

DELIVERABLES
Kimley-Horn will provide deliverables that coincide with the requested services, which can include entitlement summaries, environmental summaries, preliminary development schedules, checklists, reporting documents, etc.

Deliverables will be confirmed with the Client prior to initiating.

ATTACHMENTS:

1. Kimley-Horn Rate Schedule
Packet Page 178
City of Seaside LDMU77003.2022 Seaside Engineering Support Services ATTACHMENT 1
Kimley-Horn Rate Schedule
Hourly Labor Rate Schedule
Classification Rate
Analyst I $120 - $155
Analyst II $145 - $195
Professional $200 - $220
Senior Professional I $230 - $275
Senior Professional II $315 - $365
Senior Technical Support $100 - $225
Technical Support $95 - $145
Support Staff $80 - $130
Subject to annual adjustment thereafter
Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up.

Sub-Consultants will be billed per the Contract
Packet Page 179

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Patrick Grogan, Associate Engineer
Nisha Patel, Public Works Director/City Engineer
DATE: January 19, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE APPLICATION FOR

GRANT FUNDS FROM THE CALIFORNIA STATE HIGHWAY

SAFETY IMPROVEMENT PROGRAM FOR DEVELOPMENT OF A

LOCAL ROADWAY SAFETY PLAN

RECOMMENDATION
Adopt a resolution to apply for grant funds from the California State Highway Safety Improvement Program for the Local Roadway Safety Plan.

BACKGROUND
The Public Works Engineering Division would like to submit a grant application to the Highway Safety Improvement Program (HSIP) grant program, administered by Caltrans.

Funding from this grant would assist in the development of a Local Road Safety Plan (LRSP) for the City of Seaside.

The LRSP is a crash data driven safety evaluation of the City's roadway network, which develops and prioritizes systemic safety improvements for all modes of transportation, including pedestrians and cyclists. The goal of the LRSP is to reduce traffic related fatalities and severe injuries on the City's roadways and intersections. This is accomplished through a variety of tools, including public education, enforcement of laws and regulations, engineering solutions to traffic related problems, and emergency medical services. The plan will target pedestrian, bicycle, and vehicular safety improvements where they are needed the most.

Development of a LRSP allows the City to be eligible to apply for other funding opportunities, including Safe Streets for All, and HSIP funding, as well as supporting future Caltrans ATP funding, Sustainable Transportation Planning Grant Program Packet Page 180

Item No. 8.J. Page 2 of 3
funding, and Complete Streets funding.

The development of a LRSP for the City is estimated to cost between $100,000.00 to $150,000.00. Grant funds for the project are 90% of the total cost, up to a maximum of $40,000.00, including match funding of 10% of the grant amount.

The City Administrative Policy says that grant applications equal to or in excess of $10,000.00 are required to be approved by the City Council, per City of Seaside policy.

The Policy requires that the City Council adopt a resolution approving the filing of the application, certifying the project is consistent with the General Plan, certifying the applicant has sufficient funds available to operate and maintain the project, and appointing the City Manager as agent for the project.

The funding opportunities provided by the development of the LRSP are generally consistent with the City General Plan, providing funding for a variety of improvement projects that overlap or directly relate to the goals of the City General Plan. These goals in the General Plan which the improvements satisfy include developing and maintaining a City circulation system that promotes safety and satisfies demand, and promotes the use of multi-modal transportation, including bicycle and pedestrian integration into the City's circulation system.

Preparation of the application is in process and will be required to be submitted online to the Caltrans Division of Local Assistance, by February 2023.

Staff recommends Council adopt a resolution approving the application for grant funds from the California HSIP.

FISCAL IMPACT
The City contracts with California Consulting, Inc. to prepare grant applications.

Although there is no fee for California Consulting to prepare an individual grant application, California Consulting charges the City $4,000.00 per month for their grant preparation services.

If the application is approved, the maximum amount of grant funds for the project is $36,000.00, which is 90% of the maximum reimbursable project amount of $40,000.00.

The City is required to match 10% of the grant funding, and is responsible for any costs above the maximum reimbursable amount of $40,000.00. Assuming that the development of a LRSP costs a total of $100,000.00, the City would be responsible for $64,000.00.

ATTACHMENTS

1. Resolution
Packet Page 181

Item No. 8.J. Page 3 of 3
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 182
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS

FROM THE LOCAL ROADWAY SAFETY PLAN
WHEREAS, the Local Roadway Safety Plan grant provides funds from the Caltrans Division of Local Assistance to local and non-profit organizations for the development and implementation of a Local Roadway Safety Plan, and traffic and roadway related improvements; and
WHEREAS, the Caltrans Division of Local Assistance has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing project application; and
WHEREAS, the City of Seaside’s internal standard operating procedures require all grant applications for amounts of $10,000.00 and above to receive approval from the City Council prior to applying for the grant; and
WHEREAS, the maximum amount of grant funds for the project is $36,000.00, which is 90% of the maximum reimbursable project amount of $40,000.00; and WHEREAS, the City is required to match 10% of the grant funding, and is responsible for any costs above the maximum reimbursable amount of $40,000.00; and WHEREAS, if grant funds are awarded, the City will enter into an agreement with the Caltrans Division of Local Assistance;
WHEREAS, the General Plan goal that will be met by improvements that can get funded by development of an LRSP is developing and maintaining a City circulation system that promotes safety and satisfies demand, and promotes the use of multi-modal transportation, including bicycle and pedestrian integration into the City's circulation system;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby:

1. Approves the filing of an application for the Local Roadway Safety Plan; and

2. Certifies that the development of a Local Roadway Safety Plan is consistent with the general plan or equivalent planning document; and Packet Page 183

3. Certifies that the City has or will have available prior to the commencement of any work on the development of a Local Roadway Safety Plan, sufficient funds to operate and maintain the project; and

4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents, including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 19th day of January, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 184

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Samantha Alcaraz, Human Resources Analyst
Victor Damiani, Finance Director
DATE: January 19, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE PART-TIME,

TEMPORARY, AND SEASONAL EMPLOYEES SALARY SCHEDULE
EFFECTIVE JANUARY 1, 2023

RECOMMENDATION
Adopt a resolution increasing the City's part-time, temporary, and seasonal employees salary schedule for selected positions in order to offer market-competitive salaries and compaction issues with the new state minimum wage that took effect January 1, 2023.

BACKGROUND
The State of California minimum wage rate of $15.00 per hour increased to $15.50 per hour, effective January 1, 2023. The part-time, temporary, and seasonal salary schedule has been updated to align with the increased minimum wage. Some positions show more significant increases in the pay scale than others to account for compaction issues related to the hierarchy of positions (i.e. Recreation Leader, Lifeguard, etc) and necessary salary adjustments made for positions that are behind the market by 20%, in order to attract recruitment and improve retention in the Recreation Department.

The Recreation Department has over one hundred part-time employees that work in a variety of different capacities. They provide program support in every program area of the department such as: pre-school, older adults, after -school/day camps, facilities/janitorial, administration/front desk, sports, facility rentals and life guarding.

While many of the positions are entry level, the department does have multiple positions, which are lead/ supervisory positions. These positions are Recreation Specialist, Lead and Senior Life Guard, Pool Manager, Assistant Pool Manager, Lead Facility Attendant, Office Assistant, and Recreation Coordinator. These positions require a more advanced skill set, and are a great stepping stone for employees to gain Packet Page 185

Item No. 8.K. Page 2 of 2
valuable leadership and programming skills that will prepare them for future advancement. Each one of these positions is vital to the operations of the department and providing a competitive wage will increase the City's ability to recruit and retain employees.

Staff recommends implementation of the proposed new salary schedule in order to be at a competitive market range with neighboring agencies to take effect on December 24, 2022, which is the first day of the pay period, which includes January 1, 2023.

FISCAL IMPACT
The impact of implementing the proposed part time and seasonal salary schedule is estimated to be $114,933.00 for Fiscal Year 2022/2023. This increase was not fully budgeted. Staff will assess the City's part time salary budget line items and any necessary budget adjustments will be addressed at the mid-year budget review if needed.

ATTACHMENTS

1. Resolution

2. 2023 Part Time Salary Schedule
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 186
RESOLUTION NO. 21-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING AN UPDATED PART TIME SALARY SCHEDULE
WHEREAS, the City’s Classification Plan of positions may be amended on recommendation of the City Manager and approval by the City Council; and WHEREAS, in order to provide greater efficiency in the operation of the City and enhance service levels, certain job classifications have been prepared; and WHEREAS, there is a need to adopt a new part-time Salary Schedule effective December 24, 2022, to reflect the new State minimum wage increase; and WHEREAS, these changes to the part-time Salary Schedule will enhance the organizational structure of part-time positions and improve service levels; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby approves the attached Salary Schedule for part-time employees.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 19th day of January, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________
Ian N. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
Packet Page 187
DRAFT
2023 Part-Time Salary Schedule
Occupational Job Families and
Job Classes Grade Step 1 Step 2 Step 3 Step 4 Step 5
Aquatics Programs
Lead Lifeguard 9 20.06 $ 20.48 $ 20.92 $ 21.37 $ 21.83 $ Water Safety Instructor 7 19.24 $ 19.65 $ 20.06 $ 20.49 $ 20.93 $ Lifeguard 4 18.08 $ 18.45 $ 18.84 $ 19.24 $ 19.64 $
Recreation Programs
Recreation Specialist II 19 21.31 $ 21.84 $ 22.39 $ 22.95 $ No change Recreation Specialist 15 19.31 $ 19.79 $ 20.29 $ 20.79 $ No Change Rec Bus Driver 16 25.00 $ 25.63 $ 26.27 $ 20.28 $
Recreation Leader IV 9 18.83 $ 19.31 $ 19.79 $ 20.28 $ 20.79 $ Recreation Leader III 7 17.93 $ 18.38 $ 18.84 $ 19.31 $ 19.79 $ Recreation Leader II 3 17.53 $ 17.97 $ 18.42 $ 18.88 $ 19.35 $ Recreation Leader I 1 16.50 $ 16.91 $ 17.34 $ 17.77 $ 18.21 $ Summer Youth Intern 16.00 $ 16.40 $ 16.81 $ 17.23 $ 17.66 $ Administrative Group (No change)
Office Assistant 16 $ 18.83 $ 19.30 $ 19.78 $ 20.28 $ 20.78 Facility Receptionist 13 $ 17.48 $ 17.92 $ 18.36 $ 18.82 $ 19.29 Facilities Group
Lead Facility Attendant 12 18.37 $ 18.83 $ 19.30 $ 19.78 $ 20.28 $ Facility Attendant 9 17.92 $ 18.37 $ 18.83 $ 19.30 $ 19.78 $ Other
Intern I-III 7 17.93 $ 18.38 $ 18.84 $ 19.31 $ 19.79 $
Implementation Options Considered:

Future minimum wage increase(s)
Eliminate 8 step salaries so that all positions are only 5 steps (step 1 will start at step 4 of current salary schedule) Positions with proposed increases are behind market by at least 20% Part-time Regular positions have salary sheduled increases in accordance with full-time SCEA MOU schedule 2023 Part Time Salary Schedule
Packet Page 188

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: City Manager
City Attorney
DATE: January 19, 2023
SUBJECT: ADOPT RESOLUTION RATIFYING DECLARATION OF LOCAL EMERGENCY DUE TO THE 2022-2023 ATMOSPHERIC RIVER
STORMS

RECOMMENDATION
Adopt a resolution ratifying a declaration of Local Emergency.

BACKGROUND
When a local emergency is proclaimed by the Director of Emergency Services, the City Code requires that it be submitted to the City Council for ratification at the earliest possible time. City staff will return to the Council on a timely basis to request any necessary extensions of the proclaimed local emergency. This item request Council approval to ratify the local state of emergency as a result of damages (known and unknown) to roads and other City property from the December 2022 and January 2023 Atmospheric River Storm events that have occurred and are ongoing.

While the City of Seaside generally has weathered the storms well, our Storm drainage system was inundated and sink-holes in our streets and roads were increased in size due to the inundation of rain. In addition, in pursuit of protection of the health and safety of our residents, the City expended staff time and overtime in storm-related preparations and made acquisitions of additional equipment and supplies, such as sand and pumps to address storm-related impacts. The City also required our contractors who were already performing emergency repairs to our storm drain system to bring in additional pumps and man power to monitor flooding conditions. There may very likely be additional costs associated with those activities. The extent of those additional costs has not yet been tabulated.

Packet Page 189

Item No. 8.L. Page 2 of 2
On or about January 4, 2023, the Governor of the State declared a state-wide emergency due ot the 2022-2023 Atmospheric River storm systems battering California.

Additionallly, on January 9, 2023, the President of the United States declared a federal emergency in California due to the Atmospheric River Storm systems. The City needs to declare a local emergency to be eligible to seek state and federal disaster funds and assistance. Typically, only a portion of damage totals are recoverable from state and federal governmental sources.

FISCAL IMPACT
To be determined.

ATTACHMENTS

1. Resolution

2. Proclamation of Local Emergency
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 190
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

RATIFYING THE PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Government Code §8630 and Seaside Municipal Code Chapter 2.40 authorize the City Manager, acting as the Director of Emergency Services, to proclaim a local emergency as defined by Government Code §8558, subdivision (c) when the City of Seaside City Council is not in session; and
WHEREAS, on January 4, 2023, the Governor of the State of California issued a state wide state of emergency due to the Atmospheric River Storms; and WHEREAS, on January 9, 2023, the President of the United States declared a federal emergency for the State of California authorizing the ability to engage federal emergency management agency, funds and services to address storm-related damages; and
WHEREAS, on January 9, 2023, the City Manager in his role as the Director of Emergency services, proclaimed the existence of a local emergency pursuant to Chapter

2.40 of the Seaside Municipal Code to ensure an effective response to the December 2022-2023 atmospheric river systems bringing strong winds, substantial precipitation and river and urban flooding and cumulative damage to the City of Seaside; and WHEREAS, as a result of the emergency and the precautions recommended by state and federal authorities, residents in Seaside have experienced or expect soon to experience sudden and unexpected flooding, loss of power and catastrophic flooding due to overwhelmed infrastructure systems; and
WHEREAS, pursuant to Seaside Municipal Code Chapter 2.40 where the Director of Emergency Services proclaims a local emergency, the City Council must ratify said declaration at the earliest possible time after such proclamation; and WHEREAS, the City Council does hereby find that the circumstances of the 2022-2023 Atmospheric Storm events as described in the Director’s Declaration of Local Emergency do constitute a risk of extreme peril and support and justify the declaration of local emergency set forth therein; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby ratifies the Director’s Declaration of Local Emergency attached hereto, effective immediately upon the adoption of this resolution.

Packet Page 191
BE IT FURTHER RESOLVED, that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Seaside; and
BE IT FURTHER RESOLVED, that the City Manager or his designee is authorized to take whatever other action is authorized under the Seaside Municipal Code, and state and federal law, subject to authorization required from the City Council, consistent with this Resolution and its basic purposes; BE IT FURTHER RESOLVED, that the City Manager is authorized to enter into mutual aid and other inter-agency agreements and his contracting authority is temporarily increased to fifty thousand ($50,000) for purposes related to the acquisition of goods and services required to timely respond to local emergency operations, subject to ratification by the City Council at its next regularly scheduled meeting.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 19th day of January, 2023 by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 192
Packet Page 193
yet to be identified and caused increases in acquisition of equipment, staff time and resources to address flooding issues and constitute conditions of disaster and peril to the safety of persons, their property and public services and that such conditions have existing since approximately 12:00 a.m. on January 1, 2023.

B. A local emergency as defined in Government Code section 8558(c) and Public Contract Code section 1102, now exists throughout the City of Seaside.

C. During the existence of said local emergency the powers, functions, and duties of the City Manager or designee shall be those prescribed by state law and the ordinances, resolutions, and approved plans of the City of Seaside in order to mitigate the effects of the local emergency.

D. Pursuant to Public Contract Code sections 20134, 20395, 22035(b) and 22050, the City's purchasing agents are hereby authorized to engage independent contractors to complete all necessary work to mitigate the effects of said local emergency. Contracts for this work may be executed without prior Council approval of the plans, specifications, and working details and without giving notice for bids to let contracts.

E. All expenditures made in connection with this local emergency, including but not limited to staff efforts and mutual aid activities shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Seaside.

F. Jaime M. Fontes, City Manager or his designee, is hereby designated as the authorized Agent for public and individual assistance to the City of Seaside for the purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available State and federal assistant.

G. The City Manager has the authority to enter into side letter agreements with the City's labor associations regarding the use of paid leave, caps on leave accrual, and advancement of paid leave during the 2022-2023 Atmospheric River Storms.

H. The hours of operation of City Hall and staff may be adjusted by the City Manager to respond to the ongoing day to day needs caused by the 2022-2023 Atmospheric River Storms, including adjusting work schedules to ensure the safety of the public and City staff impacted by the 2022-2023 Atmospheric Storm.

DATED: January 15, 2023
� DominiqueL --�.� s,CityOerk
APPROVED AS TO FORM:
�eriLD·
frnon�, �ityAttorney �
me M. Fontes, ity Manager
irector of Emergency Services
Packet Page 194

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.M.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Melissa Broadston, ESCA Program Manager
DATE: January 19, 2023
SUBJECT: APPROVE ENVIRONMENTAL SERVICES COOPERATIVE

AGREEMENT (ESCA) QUARTERLY REPORT

RECOMMENDATION
Approve report as presented in the agenda packet.

BACKGROUND
The Fort Ord Reuse Authority (FORA) officially closed all operations on June 30, 2020.

Prior to sunset, the City of Seaside and FORA entered into a Memorandum of Agreement nominating Seaside as FORA’s Environmental Services Cooperative Agreement (ESCA) Successor-In-Interest (Successor). Seaside is now responsible to perform the remaining Long-Term Obligations (LTO) management responsibilities related to U.S. Army (Army) Munitions and Explosives of Concern (MEC) on ESCA property until June 30, 2028. A summary of the ESCA remediation program to date is provided below. A quarterly report is required to be prepared and submitted to the Army after review and acceptance by the City Council.

FORA ESCA Remediation Program Background:

In 2007, the Army and FORA entered into an agreement for Army-funded ESCA for the removal of remnant MEC on 3,340 acres of the former Fort Ord. Under the ESCA terms, the Army awarded FORA approximately $98 million to perform Comprehensive Environmental Response Compensation and Liability Act (CERCLA) MEC cleanup on those parcels. FORA also entered into the Administrative Order on Consent (AOC) with the United States Environmental Protection Agency (EPA) and California Department of Toxic Substance Control (DTSC) (collectively referred to as regulatory agencies) defining FORA’s contractual conditions to complete the Army remediation obligations for the “ESCA parcels.” FORA received ESCA property ownership after EPA approval and gubernatorial concurrence under a Finding of Suitability for Early Transfer in 2009.

Packet Page 195

Item No. 8.M. Page 2 of 4
The ESCA properties received Records of Decision (ROD) documenting controls required to protect public health and safety and Land Use Control Implementation Plan (LUCIP) / Operation and Maintenance Plan (OMP) implementation, operation and maintenance ROD controls tailored to individual site conditions and historic MEC use. The final ESCA LUCIP/OMP documents were accepted by the Army and Regulators in February 2019.

These ESCA properties received the last EPA Remedial Action Completion letter in February 2019. The EPA issued a site-wide ESCA remedial completion certificate in April 2020.

Remedial Action Completion initiated the Army's long-term obligations on ESCA properties. To complete the ESCA and the AOC obligations, the Successor, Seaside, is required to complete a truncated series of tasks until the expiration in 2028 to include site investigation and monitoring, ensuring compliance with the land use controls for ESCA parcels by land holding jurisdictions, mitigation, monitoring, reporting for any potential or found munitions and explosives of concern, and public information and outreach regarding land use. Should any instances of MEC occur, the contractors of Arcadis, Inc., Weston Solutions, Inc. and Westcliffe Engineers, Inc. will assist with providing LTO support services.

ESCA QUARTERLY UPDATE
Jurisdiction Coordination
ESCA property could not be transferred to the jurisdictions until Army deed modifications and issuance of the Army CERCLA Warranties/Deed Amendments were completed. The ESCA property Army CERCLA Warranty and Deed modification documents were signed by FORA at Army Headquarters in Washington, D.C. and Recorded in Monterey County on June 26, 2020. The receiving jurisdictions signed and recorded these deeds and have final ownership of their ESCA properties. During a file audit, staff discovered that the ESCA properties were still showing FORA as the owner on the County Recorder’s website. Coordination with the recorder/assessor’s office and jurisdictions continues for corrections. Significant progress has been made to complete the Quit Claim Deeds that will convey the Comprehensive Environmental Response, Compensation and Liability Act warranties (not related to munitions) for several parcels transferred under the Finding of Suitability for Early Transfer, number 5.

ESCA staff continues to host LTO Management, and Property, Planning, Police, and Property Manager Meetings with all land holding jurisdictions, as well as the EPA and DTSC, to discuss and review projects, or other activities as outlined by the LUCIPs that are included with their properties.

ESCA continued coordination to replace the Pollution Legal Liability insurance policy that will expire December 31, 2024.

ESCA worked with Monterey County for a smooth completion of data collection and Packet Page 196

Item No. 8.M. Page 3 of 4
subsequent development of the Annual Land Use Control Report. ESCA is also working closely with Monterey County’s Geographic Information Staff (GIS) staff to ensure that data corrections are made prior to the next (December 1, 2023) Land Use Control report submission. ESCA provided jurisdictions with GIS data that they can download to their phone to better assist with onsite parcel and land use control verification.

ESCA continued coordination for consistent signage of jurisdictional boundaries between ESCA lands. All Fort Ord gate signage is complete for each jurisdiction. ESCA will continue to assist the jurisdictions with finding and identifying property boundaries, identifying locations requiring notification/construction support documentation.

Based on the history of the former Fort Ord as an Army base, munitions can be encountered during the use of the property. ESCA outreach specific to the munitions safety awareness class at FortOrdSafety.com serves as an important resource to remind community members who might discover suspicious objects to follow the 3Rs of explosives safety – Recognize, Retreat, and Report. ESCA is responsible for the maintenance and participant tracking for the English and Spanish version of the free online training class at Fort Ord Safety.com. The training at FortOrdSafety.com supplements and compliments the Army’s on-site munitions safety training program as an important community asset for the use of the lands of the former Fort Ord.

Participation for this training remains robust.

The ESCA team continued to conduct weekly patrols of Seaside’s ESCA properties and bi-weekly patrols of other ESCA properties. ESCA patrols also included debris removal.

ESCA participated in the Army’s outreach activities including updates at the December 7, 2022 Army BRAC Cleanup Team meeting for munitions response.

NEXT QUARTER GOALS
During the next quarter, the ESCA Program will be focusing on the following tasks. • ESCA “refresher” training will be provided to the remaining jurisdictions: Del Rey Oaks and California State University Monterey Bay.
• Continue coordination supporting completion of property transfers. • ESCA will also continue coordination with jurisdictions and extensive public outreach on the Munitions Recognition and Safety Training which is available at FortOrdSafety.com.
• ESCA will continue coordination of tasks related to the Pollution Legal Liability insurance.
• ESCA will continue weekly inspection and monitoring of activities on ESCA lands. • The ESCA staff will continue follow-up of incidents of concern (i.e. pump track or BMX track).
• Assist other jurisdictions with questions related to ESCA land use controls. • Initiate a “read your deeds” campaign with the other jurisdictions to ensure that Packet Page 197

Item No. 8.M. Page 4 of 4
the information and parcel boundaries are correctly reflected in the County’s Geographic Information System databases.

FISCAL IMPACT
The actual cost to Seaside of these Army obligations will be fully reimbursed.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 198

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.N.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: January 19, 2023
SUBJECT: APPROVE CO-SPONSORSHIP OF SUSTAINABLE SEASIDE'S 2023 SUSTAINABLE SEASIDE EARTH DAY CELEBRATION AND

ELECTRIC VEHICLE TEST DRIVE/DEMO FAIR AT SEASIDE CITY
HALL LAWN ON APRIL 23, 2023

RECOMMENDATION
Approve a request from Sustainable Seaside to co-sponsor their Seaside Earth Day Celebration and Electric Vehicle Test Drive/Demo Fair on the City Hall Lawn, on April 23, 2023, from 1:00 p.m. to 4:00 p.m. Approval of this item will result in a waiver of all fees and staff costs in the approximate amount of $3,026.00.

BACKGROUND
Sustainable Seaside is requesting co-sponsorship to waive all fees and staff costs related to their annual Seaside Earth Day Celebration and Electric Vehicle Test Drive/Demo Fair on the City Hall Lawn on April 23, 2023. A Special Event application was submitted and reviewed by staff and the Special Event Committee.

This annual community celebration of the arts, nature, and sustainability focuses our attention on how we all can be more environmentally friendly in our neighborhoods, the City, and the world. It is not only a celebration, but an educational opportunity for the community, meant to raise awareness of and foster sustainability locally and towards a healthy planet.

They are requesting the use of a portable stage, electrical access, 30 tables, 60 chairs, and a sound system. This is the second request from Sustainable Seaside for cosponsorship of this event. The last fee waiver and co-sponsorship request was approved at the March 15, 2022 City Council meeting.

Packet Page 199

Item No. 8.N. Page 2 of 2

FISCAL IMPACT
Should the City Council approve the request for co-sponsorship of the Seaside Sustainable Earth Day Celebration and Electric Vehicle Test Drive/Demo Fair to waive all fees and staff costs, the approximate fiscal impact is as follows:

Public Works Staff/Set-up and Tear Down $2,597.00
Special Event Application Fee $ 110.00
Insurance Coverage $ 207.00
Rental Fee $ 112.00
TOTAL $3,026.00

ATTACHMENTS

1. Sustainable Seaside Special Event Application 2023

2. Sustainable Seaside Fee Waiver Request 2023

3. Sustainable Seaside Layout Map on City Hall Lawn 2023

4. Seaside Earth Day EV Test Drive Map 2023
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 200
Packet Page 201
Packet Page 202
Packet Page 203
Packet Page 204
Packet Page 205
Packet Page 206
Packet Page 207
Packet Page 208
Packet Page 209
Packet Page 210
Packet Page 211
Packet Page 212
Packet Page 213
Packet Page 214
Packet Page 215

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.O.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: January 19, 2023
SUBJECT: APPROVE A FEE WAIVER FROM HINDU TEMPLE OF MONTEREY

PENINSULA FOR THE USE OF THE LAGUNA GRANDE HALL AND

KITCHEN FOR THEIR DIWALI CELEBRATION NIGHT EVENT ON
OCTOBER 14, 2023

RECOMMENDATION
Approve the fee waiver request from the Hindu Temple of Monterey Peninsula for the use of Laguna Grande Hall and kitchen to hold their Diwali Celebration Night in the amount of $675.00, the Organization to provide the City with the non-refundable portion of the deposit of $98.25 and purchase the City's insurance of $117.00.

BACKGROUND
The Hindu Temple of Monterey Peninsula is a non-profit organization and they are requesting a fee waiver to help cover the costs associated with their annual Diwali Celebration Night on Saturday, October 14, 2023, from 12:00 p.m. to 12:00 a.m. in the Laguna Grande Hall at the Oldemeyer Center. Staff recommends that the fees be waived for the rental cost of the facility and that the organization purchase the City's insurance of $117.00 and pay the non-refundable portion of the deposit of $98.25 to go towards the building maintenance fund.

The Hindu Temple of Monterey Peninsula has received a fee waiver for their Diwali Celebration annually since 2018.

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

Laguna Grande Hall Fee 12 Hours @ $56.25 $675.00
Packet Page 216

Item No. 8.O. Page 2 of 2
Insurance $117.00
Deposit Non Refundable Portion $ 98.25
TOTAL $890.25
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the insurance and the non-refundable deposit only, the fiscal impact is $675.00.

ATTACHMENTS

1. Hindu Temple of Monterey Peninsula Fee Waiver - Diwali Celebration Night 2023

2. Hindu Temple of Monterey Peninsula - 501(C)(3)
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 217
Packet Page 218
Packet Page 219
Packet Page 220
Packet Page 221
Packet Page 222
Packet Page 223
Packet Page 224

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.P.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: January 19, 2023
SUBJECT: APPROVE A CO-SPONSORSHIP AND FEE WAIVER REQUEST FROM DELTA SIGMA THETA SORORITY, INC. FOR USE OF
OLDEMEYER CENTER FOR TWO COMMUNITY EVENTS IN 2023:

A HEALTH CONFERENCE AND THE ANNUAL JABBERWOCK

PAGEANT & YOUTH ON PARADE EVENT

RECOMMENDATION
Approve a request from the Delta Sigma Theta Sorority for co-sponsorship and a fee waiver for the costs associated with their Annual Health Conference that will be on Saturday, March 4, 2023 and the annual Jabberwock Pageant & Youth on Parade event that will be on Saturday, April 22, 2023, in the amount of $1,776.25.

BACKGROUND
The Monterey Peninsula Alumnae Chapter of Delta Sigma Theta Sorority, Inc. is requesting to hold two annual community events in 2023. The proposed events are:

The Health Conference, and the Jabberwock Pageant and Youth on Parade event, and they are requesting co-sponsorship and fee waivers for both events. The Health Conference (formerly known as the Health Empowerment Conference) will benefit men, women and children. It will also be used as a platform to honor members of the community for their contributions, impact, and longevity. The Health Conference is an informative event which will cover health issues and preventable health measures. The purpose of the Jabberwock event will showcase local youth and their various talents, and it will also be a fundraiser for youth scholarships and other various youth programs.

Both of these events have been held annually at the Oldemeyer Center and all fees were waived in the past. Staff recommends that the organization provide liability coverage for each event and pay only the non-refundable portion of $98.25 for each event of the maintenance deposit.

Packet Page 225

Item No. 8.P. Page 2 of 2

FISCAL IMPACT
Should the City Council approve the request for full fee waivers for both events, the approximate fiscal impact is as follows:

Health Conference on March 04, 2023:

Laguna Grande Hall Rental Fee: $56.25 per hour X 9 $506.25 Seaside Room Fee: $37.00 for 9 hours X 3 $111.00
Seashorse Room Fee: $37.00 for 9 hours X 3 $111.00
Non-Refundable Deposit: $ 98.25
TOTAL $826.50
Jabberwock Pageant Youth Talent on April 22, 2023:

Laguna Grande Hall Rental Fee: $56.25 per hour X 16 $ 900.00 Seaside Room Fee: $37.00 for 4 hours X 2 $ 74.00
Seashorse Room Fee: $37.00 for 4 hours X 2 $ 74.00
Non-Refundable Deposit: $ 98.25
TOTAL $1,146.25
GRAND TOTAL FOR BOTH EVENTS: $1.972.75
Should the City Council approve staff recommendation to waive all rental fees but require payment for the non-refundable deposit only, the fiscal impact is $1,776.25.

ATTACHMENTS

1. Delta Sigma Theta Sorority, Inc. Fee Waiver Request for Health Conference 2023

2. Delta Sigma Theta Sorority, Inc. Fee Waiver Request for Jabberwock 2023 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 226
Packet Page 227
Packet Page 228
Packet Page 229
Packet Page 230
Packet Page 231
Packet Page 232
Packet Page 233
Packet Page 234
Packet Page 235
Packet Page 236
Packet Page 237
Packet Page 238

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.Q.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: January 19, 2023
SUBJECT: APPROVE A FEE WAIVER REQUEST FROM THE LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) COUNCIL NO.
2895 FOR THE USE OF A MEETING ROOM AT THE OLDEMEYER
CENTER

RECOMMENDATION
Approve a request from the LULAC Council No. 2895 for a fee waiver of $407.00 for the room rental fees at the Oldemeyer Center for their monthly organization meetings from February 2023 to December 2023.

BACKGROUND
The LULAC Council No 2895 is requesting a fee waiver in the amount $407.00 for the room rental fees at the Oldemeyer Center for their monthly organizational meetings.

Their meetings will be once a month from February 2023 through December 2023. The policy for a fee waiver for meeting rooms states "That due to limited space, organizations may not request fee waivers for any more than one meeting room per year. Fee Waivers are not intended to provide for ongoing weekly or monthly meeting use."
Their last fee waiver request for room rental fees was submitted and approved at the March 05, 2020 City Council meeting.

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

The City’s adopted fee schedule includes the following approximate fees, which are Packet Page 239

Item No. 8.Q. Page 2 of 2
applicable to this request:

Blackhorse Room: $37.00 X 1 day $ 37.00
Bayonet Room: $37.00 X 10 days $370.00
TOTAL $407.00

ATTACHMENTS

1. Fee Waiver Request LULAC 2023

2. 501(c)(3) Information - LULAC
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 240
Packet Page 241
Packet Page 242
Packet Page 243
Packet Page 244
Packet Page 245

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.R.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: January 19, 2023
SUBJECT: APPROVE A FEE WAIVER FROM MONTEREY PENINSULA

RAMAYAN MANDALI FOR THE USE OF THE LAGUNA GRANDE

HALL AND KITCHEN FOR THEIR DIWALI NIGHT EVENT ON
OCTOBER 21, 2023

RECOMMENDATION
Approve the fee waiver request from the Monterey Peninsula Ramayan Mandali for the use of Laguna Grande Hall and kitchen to hold their Diwali Celebration Night in the amount of $393.75, the Organization to provide the City with the non-refundable portion of the deposit of $98.25 and purchase the City's insurance of $117.00.

BACKGROUND
The Monterey Peninsula Ramayan Mandali is a non-profit organization, and they are requesting a fee waiver to help cover the costs associated with their Diwali Night celebration on Saturday, October 21, 2023, from 4:00 p.m. to 11:00 p.m. in the Laguna Grande Hall at the Oldemeyer Center. The Monterey Peninsula Ramayan Mandali is a Seaside base organization. This is the first time that the Monterey Peninsula Ramayan Mandali has requested a fee waiver from the City.

Staff recommends that the fees be waived for the rental cost of the facility and that the organization purchase the City's insurance of $117.00 and pay the non-refundable portion of the deposit of $98.25 to go towards the building maintenance fund.

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

Laguna Grande Hall Fee 7 Hours @ $56.25 $393.75
Packet Page 246

Item No. 8.R. Page 2 of 2
Insurance $ 117.00
Deposit Non Refundable Portion $ 98.25
TOTAL $609.00
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the insurance and the non-refundable deposit only, the fiscal impact is $393.75.

ATTACHMENTS

1. Monterey Peninsula Ramayan Mandali - Fee Waiver 2023

2. 501(c)(3) - Monterey Peninsula Ramayan Mandali
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 247
Packet Page 248
Packet Page 249
Packet Page 250
Packet Page 251
Packet Page 252
Packet Page 253
Packet Page 254
Packet Page 255
Packet Page 256

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Rick Medina, Senior Planner
DATE: January 19, 2023
SUBJECT: PROJECT OVERVIEW AND CONSTRUCTION SCHEDULE FOR THE

GRAND HYATT HOTEL ON THE SEASIDE RESORT PROJECT
AREA

RECOMMENDATION
Recieve presentation of the project and construction schedule for the Grand Hyatt Hotel on the Seaside Resort Project area.

BACKGROUND
The presentation will consist of the applicant providing an update on the revised architectural design for the hotel component of the Seaside Resort Project that was approved by the Planning Commission and Board of Architectural Review on October 26, 2022. The proposed revisions were submitted in accordance with the terms of the Amended and Restated Development and Disposition Agreement dated June 2019 (Amended DDA) for the development of the Seaside Resort Project. Pursuant to Section 15164(a) of the California Environmental Quality Act (CEQA) Guidelines, an Addendum to the Certified Seaside Resort Environmental Impact Report was prepared for the proposed revisions to the hotel project that was considered by the Seaide Planning Commission and Board of Architectural Review. A Notice of Determination was filed for the Addendum on October 28, 2022 and circulated for 30-days by State law. The staff report for the revised project, providing the project description, Environmental Addendum and Findings and Evidence supporting the revised design is available under Item 6.B of the Planning Commission Agenda at the following Web Link:
https://seasideca.civicclerk.com/Web/Player.aspx?id=4667&key=-1&mod=-1&mk=- 1&nov=0..

The proposed hotel will be designed in a contemporary architectural style, featuring a parapet roof, white plaster walls, with floor to ceiling glazing in guestrooms with Packet Page 257

Item No. 9.A. Page 2 of 3
balconies. Details of the proposed hotel project are identified below.

Hotel Components Square feet Guest Rooms
Conference Center 35,318
Restaurants
Signature
Diner
Bar and grill
14,653
Guestrooms/Circulation195,592 330
Kitchen 5,709
Lobby bar 3,602
Market 4,602
Spa and Fitness 12,990
Administration 3,477
Service 26,670
Public Circulation 10,879
Vertical Circulation 11,768
Mechanical Rooms 12,408
Total 337,668 330
Overall, the proposed hotel revisions are consistent with the land uses allowed within the Recreational Commercial (RGC) land use designation and the Seaside Resort certified EIR. The proposed Hotel improvements will not exceed the number units planned for the RGC land use designation, and would be within the allowed density, height limits, vehicle circulation, and water allocation that was certified for the EIR.

The presentation by the applicant will demonstrate the high quality architeractural design and hotel services as required by the Development and Disposition Agreement for the Hotel Component of the Seaside Resort Project.

FISCAL IMPACT
There will be no fiscal impact associated with this Item.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Packet Page 258

Item No. 9.A. Page 3 of 3
Jaime M. Fontes, City Manager
Packet Page 259

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager Sheri Damon, City Attorney
DATE: January 19, 2023
SUBJECT: ADOPT A RESOLUTION TO ESTABLISH A RESIDENTIAL

PARKING PROGRAM ON PROPERTY OWNED BY THE CITY OF
SEASIDE AND RESERVING THIRTY-SIX (36) RESIDENTIAL

PARKING SPACES FOR USE BY NEW MIXED USE DEVELOPMENT

WITHIN THE WEST BROADWAY URBAN VILLAGE AND

AUTHORIZE THE CITY MANAGER TO IMPLEMENT THE

PROGRAM

RECOMMENDATION
Adopt a resolution establishing Municipal Parking Lots 1 and 2 within the West Broadway Urban Village specific planning area and reserve a minimum of thirty-six (36) residential parking spaces to support new residential development within the West Broadway Urban Village planning area.

BACKGROUND
In 2010, the Seaside City Council adopted the West Broadway Urban Village Specific Plan which envisioned a vibrant downtown and the creation of mixed-use areas which would have ground floor retail and a mix of market-rate and affordable residential uses primarily along Del Monte Avenue. The West Broadway Urban Village Specific Plan also called for the creation of a parking garage within the specific plan to support the parking demand for the businesses within the West Broadway Urban Village and to encourage foot traffic in and around the village area. Unfortunately, the construction and creation of a parking garage is a multiyear project. Therefore, the City is exploring potential approaches that can immediately help alleviate the demand for parking spaces.

The West Broadway Urban Village Specific Plan also encourages mixed-use residential Packet Page 260

Item No. 9.B. Page 2 of 3
development with a twenty percent affordable housing requirement with ground floor retail and residential uses above in the areas primarily along Del Monte Avenue.

Potential developers of mixed-use projects within the West Broadway Urban Village area have identified the need for residential and business parking within proximity of their projects in order to move the projects forward. Existing businesses have identified the need for additional parking within the West Broadway Urban Village.

Parking is thus essential to ensuring commercially viable projects in the downtown area for the mixed-use residential developments along Del Monte as well as supporting the existing and future businesses along Broadway.

In 2021, the City of Seaside acquired two parcels at the corner of Broadway and Del Monte. The larger of the two parcels (approximately 11,814 square feet) has been rehabilitated and restriped and is already being used for parking with approximately 25 spaces for the downtown Broadway businesses. The adjacent parcel (approximately 8,433 square feet) is owned by the City but has not yet been improved to expand the parking lot. It is proposed that both of these parcels be designated as Municipal Parking Lot 1 (the approximate boundaries of which are shown on the attached map).

Additionally, the Housing Successor Agency controls the lots commonly known as 1561 - 1571 Del Monte Avenue which are currently undeveloped and are being informally used as parking. Individually, these lots do not meet the minimum standards for residential development within the City of Seaside and collectively they total approximately 11,094 square feet. These lots are located on the west side of Del Monte Bouleard, directly across the street from larger parcels which have been zoned for mixed-use development. It is proposed that the small lots held in the housing successor agency be utililized to support housing development on the larger parcels and incidentally provide additional parking opportunities to support the retail businesses and restaurants in the West Broadway Urban Village plan along Del Monte. It is recommended that these parcels be designated as Municipal Parking Lot 2 (the approximate boundaries of which are shown on the attached map).

When fully built, the two municipal lots would have the potential to provide over sixty (60) parking spaces. It is further recommended that the City specifically reserve a minimum of thirty-six (36) of those parking spaces to encourage and enhance residential development (both market rate and affordable units) in the West Broadway Urban Village. Until they are designated for a particular project, these spaces will continue to be available to the public, with restrictions (such as hours of operation, fees, etc.) as deemed appropriate by the City.

Because all of the improvements to the lots have not yet occurred, it is further recommended that the City Council authorize the City Manager to take all steps to implement the parking program, including collection of appropriate fees and costs to support such program.

Packet Page 261

Item No. 9.B. Page 3 of 3

FISCAL IMPACT
The City would incur one-time costs associated with the paving and striping of the parking lots, and would incur ongoing maintenance costs (comparable to the costs of maintaining other City parking lots). The City may be able to generate revenues if in the future it elected to charge fees for the use of the parking lots. The City would obtain additional revenues if the provision of these parking spaces serves as a catalyst for commercial and residential mixed use development in the West Broadway Urban Village area.

ATTACHMENTS

1. Resolution

2. Municipal Parking Lot Proposed Boundary Maps
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 262
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SEASIDE CITY COUNCIL ESTABLISHING

A RESIDENTIAL PARKING PROGRAM ON PROPERTY OWNED BY THE
CITY OF SEASIDE AND RESERVING THIRTY-SIX (36) RESIDENTIAL

PARKING SPACES FOR USE BY NEW MIXED USE DEVELOPMENT WITHIN

THE WEST BROADWAY URBAN VILLAGE
WHEREAS, the City of Seaside faces an acute housing shortage and though relatively more affordable than the rest of the Monterey Peninsula, rising housing costs have caused Seaside residents to look at other alternatives due to affordability and lack of inventory; and
WHEREAS, in 2010 the Seaside City Council adopted the West Broadway Urban Village Specific Plan which proposes a mix of market-rate and affordable for-sale and rental residences with ground-floor retail and commercial use; and WHEREAS, the West Broadway Urban Village Specific Plan area called for construction of a parking garage within the specific plan area, which is years from being built; and WHEREAS, projects within the West Broadway Urban Village have demand for a dedicated residential parking program to support market driven mixed-use projects which have the potential to increase housing, add commercial space, and create iconic points of entry into the City’s Broadway area that is aligned with the City’s Strategic Plan; and WHEREAS, the City of Seaside is the owner of those real properties known as Monterey County Assessor’s Parcel Numbers (APNs) 011-302-002-000 and 011-302-002-000 (“Broadway Parcels”), which are currently established as a driveway and parking lot, and real properties known as APNs 011-301-010-000, 011-301-011-000, 011-301-023-000, and 011-301-024-000 (“Housing Successor Agency Parcels”), which are a part of the housing successor agency portfolio; and
WHEREAS, the City Council wishes to establish a parking program that will support new affordable housing and mixed use development within the West Broadway Urban Village and hereby designates the “Broadway Parcels” as Municipal Parking Lot 1 and the “Housing Successor Agency Parcels” as Municipal Parking Lot 2; and WHEREAS, the proposed Municipal Parking Lots collectively have the potential for more than sixty (60) spaces, and at least thirty-six (36) of those spaces can be directed to be reserved for a residential parking program for residential users within new mixed use development projects within the West Broadway Urban Village; and WHEREAS, program details, including a fee schedule, will be developed for the Municipal Parking Lots to recover maintenance and repair fees upon start of the parking program; and
Packet Page 263
WHEREAS, reserving thirty-six (36) residential parking slots will incentivize developers of mixed use residential projects and hence increase the amount of housing and affordable housing available in the City.

NOW, THEREFORE, BE IT RESOLVED that the City of Seaside City Council hereby designates the “Broadway Parcels” as Municipal Parking Lot 1 and the “Housing Successor Agency Parcels” as Municipal Parking Lot 2.

BE IT FURTHER RESOLVED, that the City Council finds that designating the “Housing Successor Agency Parcels” as Municipal Parking Lot 2 will support and enhance the creation of new affordable housing within the West Broadway Urban Village; and BE IT FURTHER RESOLVED, that the City Council authorizes a residential parking program to provide a minimum of thirty-six (36) residential parking stalls in Municipal Parking Lot 1 and/or Municipal Parking Lot 2 to support the development of mixed use residential projects within the West Broadway Urban Village; and HEREBY directs the City Manager to take all steps necessary to implement the Parking program, including the design and installation of signage for Municipal Parking Lots 1 and 2 and the establishment of fees, costs, and mechanism for allocation of residential spaces within Municipal Parking Lots 1 and 2.

PASSED AND ADOPTED at a regular meeting of the Seaside City Council held on January 19, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby
Mayor
_________________________
Dominique Davis
City Clerk
APPROVED AS TO FORM:
__________________________
Sheri L. Damon,
City Attorney
Packet Page 264
Approximate Boundaries for Proposed Municipal Parking
Lots 1 and 2
Municipal Parking Lot 1
Municipal Parking Lot 2
Packet Page 265

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Ashley Collick, Assistant City Manager
DATE: January 19, 2023
SUBJECT: REVIEW AND CONSIDER MEALS ON WHEELS, BUILDING

HEALTHY COMMUNITIES, AND SNIP BUS FOR FUNDING

SUPPORT

RECOMMENDATION
Provide direction regarding funding requests for a. Meals On Wheels, b. Building Healthy Communities, and c. Snip Bus. Staff recommends the Council review each organization's request and determine their level of funding.

Funding recommendation options include:

1. Distribute $50,000 of unallocated Community Social Services Grant funding between the three organizations.

2. Fully funding each request using $50,000 of unallocated funding from the Community Social Services grant and securing additional revenue as directed from the general fund.

3. Fund each organization at a level the Council deems appropriate.

BACKGROUND
On January 5th, the Council asked staff to bring forward the funding requests from Meals on Wheels, Building Healthy Communities and SNIP Bus. These organizations didn't meet the qualifications for funding within the Community Social Services Grant.

Given the nature of the program types, these community-based organizations were selected per council discretion for additional consideration.

In the case of Building Healthy Communities, the City Council clarified their previous interest in considering funding for this program outside the confines of the Community Social Services grant program. As a follow up to this clarification, staff has arranged for a short presentation to be made by Ms. Rosalyn Green of Building Healthy Communities as to the specifics of their funding request and their justification for the same.

Packet Page 266

Item No. 9.C. Page 2 of 4
A. Meals on Wheels
Meals on Wheels of the Monterey Peninsula’s (MOWMP) Home Delivered Meals program has been developed over the past 50 years to meet the complex nutritional health needs of frail, elderly and disabled homebound adults who cannot shop or cook for themselves and have no adult caregiver in the home. MOWMP continues to serve vulnerable seniors, disabled adults, and veterans across the Monterey Peninsula, delivering 2.5 nutritious meals five days per week to the homebound.

Where once the Home Delivered Meals program acted as supplemental nutrition for homebound adults, it has now become the chief source of nutrition for a population significantly impacted by health challenges and a volatile economy.The program ensures that all frail elderly residents of Seaside who cannot shop or cook for themselves and who have no regular adult caregiver in the home receive daily healthy nutrition, tied to federal standards for adult nutrition. Demand for meals in the City of Seaside has doubled in the past 24 months. They are requesting support to meet the ever-growing demand for nutrition and socialization.

In fiscal years 19/20 and 21/22, they received $40,000 (combined) in community social services grant funding in support of the homes delivered program.

B. Building Healthy Communities
Building Healthy Communities has been working within communities since 2010. As a resident-led organization, they focus on recruiting and developing community members who wish to impact their city or school through a healing-organizing lens. This past year, Building Healthy Communities Monterey County launched the COLIBRI (Collaboratively Organizing for Liberation, Inclusion and Breaking Racial Inequities) Racial Equity yearlong cohort.

The COLIBRI cohort had over 150 participants working across ten teams composed of resident leaders, organizers, community-based organizational leaders and systems leaders. The purpose of the cohort was peer learning and relationship building to assess and address the root causes of racial inequities in Monterey County through shifting power to communities of color for effective, sustained partnerships between government and the community, guided by racial equity plans.

They want to cultivate culture through collaboration. This integral work is shown through the Juneteenth program and work with Palenke Arts. The Seaside Rising Leadership Academy and their VIDA team (health literacy and equity) are just two examples of the programs they are operating in Seaside.

The Council has previously expressed an interest in annual funding for Building Healthy Communities. In Fiscal year 21/22, they received $105,318 in community social services grant funding in support of the youth leadership program.

Packet Page 267

Item No. 9.C. Page 3 of 4
C. SNIP Bus
Founded in 2016, SNIP Bus Mobile Spay and Neuter was created on a grassroots level to help meet the ongoing lack of affordable spay/neuter services for communities in need throughout Monterey County. SNIP is a low-cost spay and neuter clinic on wheels, which focuses its operations on the many underserved, often indigent pet owners in the low-income zip codes we serve. They provide accessibility and affordability for residents who otherwise would not be able to afford to have their pets spayed or neutered. The mission of SNIP is to prevent the suffering & death of unwanted animals due to overpopulation and illness. They have treated over 43,000 pets in California.

In fiscal year 19/20, SNIP received $9,000 in funding for six months of services within the Police Departments Budget. While these spay and neuter clinics were held within the City of Seaside, they were open to other residents outside of Seaside who required services.

Community Based
Organizations
Funding Request Proposed Program Application Link
Meals on Wheels $ 50,000.00 Home delivered
meals

MOW APPLICATION
Building Healthy
Communities
$ 100,000.00 Seaside Rising: Youth
Leadership Academy

BHC APPLICATION
SNIP Bus $ 43,500.00 12 Mobile Spay and
Neuter Clinics

SNIP APPLICATION
3 Applicants $193,500.00 total
If funding is approved by the Council, the organizations would go under contract and be subject to reporting guidelines to ensure program efficacy and the deliverables approved by the Council. These groups would be monitored and managed separately from the Community Social Services program as that program is now closed.

FISCAL IMPACT
In order to fully fund the requests:
$50,000.00 is available within the CSS Grant account 100-9250-4203 $143,500.00 would be allocated from the general fund.

Once the Council has provided direction, staff will return with the appropriate resolutions.

ATTACHMENTS
Packet Page 268

Item No. 9.C. Page 4 of 4
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 269

Seaside City CouncilJanuary 19, 2023

Seaside City Council
January 19, 2023