Agenda packet — Seaside City Council, May 18, 2023

*AMENDED A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, May 18, 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. *Amendments shown in red.

Packet Page 1
City Council REGULAR Meeting May 18, 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.

A. FIREWORKS ENFORCEMENT UPDATE (POLICE CHIEF NICHOLAS

BORGES)

7. PRESENTATIONS
A. UPCOMING CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS (RECREATION DIRECTOR, DAN MEEWIS)
B. GENERAL PLAN 2040 PROGRESS REPORT (ECONOMIC DEVELOPMENT

AND COMMUNITY PLANNING MANAGER, ANDREW MYRICK & HOUSING

PROGRAM MANAGER ALEXIA RAPOPORT)
C. CONCEPT REVIEW FOR FREMONT CENTER MEDIANS (NISHA PATEL,

PUBLIC WORK DIRECTOR/ CITY ENGINEER)
Packet Page 2
City Council REGULAR Meeting May 18, 2023 5:00 PM Agenda Page 3 D. HUMAN RESOURCES UPDATE (SAMANTHA SAKHRANI, HUMAN

RESOURCES ANALYST)

8. CONSENT AGENDA
A. APPROVE MINUTES FROM APRIL 20, 2023
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. ACCEPT AND FILE THE CASH AND INVESTMENTS REPORT FOR THE CITY

OF SEASIDE AND THE SUCCESSOR AGENCY OF THE REDEVELOPMENT

AGENCY OF THE CITY OF SEASIDE FOR THE QUARTER ENDING MARCH 31, 2023
RECOMMENDATION: Accept and file the City of Seaside and the Successor Agency to the Redevelopment Agency of the City of Seaside Cash and Investment Report for the quarter ending March 31, 2023.

C. APPROVE PROCLAMATION DECLARING MAY 21 - 27, 2023, AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF SEASIDE
RECOMMENDATION: Recognition of National Public Works Week in the City of Seaside
D. APPROVE A FEE WAIVER FROM THE "RECOGNIZING MILITARY SERVICE CENTER" FOR THE USE OF THE LAGUNA GRANDE HALL FOR THEIR BLACK HISTORY IS AMERICAN HISTORY EVENT ON FEBRUARY 03, 2024
RECOMMENDATION: Approve the fee waiver request from the Recognizing Military Service Center (RMSC) for the use of Laguna Grande Hall to hold their Black History is American History in the amount of $393.75, the organization will provide the City with the non-refundable portion of the deposit of $98.25.

E. APPROVE A FEE WAIVER REQUEST FROM NARCOTICS ANONYMOUS FOR

THE USE OF LAGUNA GRANDE HALL FOR A WOMEN'S BRUNCH ON
JANUARY 27, 2024
RECOMMENDATION: Approve the fee waiver request from Narcotics Anonymous for the use of Laguna Grande Hall and Kitchen to hold their Women's Brunch in the amount of $562.50, with the organization providing the City with the nonrefundable portion of the deposit of $98.25.

F. APPROVE THE NON-PROFIT VENDOR LIST AND LOCATIONS FOR THE

SALE OF SAFE AND SANE FIREWORKS IN THE CITY OF SEASIDE FROM JUNE 28 - JULY 5 BY MONTEREY BAY CHRISTIAN CENTER, SEASIDE AQUATIC CLUB INC., WORLD OUTREACH SERVICES INC., MONTEREY

CONDORS CLUB, THE VILLAGE PROJECT AND IGLESIA VIDA CAMINO Packet Page 3
City Council REGULAR Meeting May 18, 2023 5:00 PM Agenda Page 4

VERDAD OF THE ASSEMBLIES OF GOD
RECOMMENDATION: Approve the non-profit vendor list and locations for the sale of safe and sane fireworks in the City of Seaside from June 28-July 5.

G. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A USE AGREEMENT WITH THE SEASIDE AQUATICS CLUB FOR A
FIREWORKS BOOTH ON A CITY-OWNED PARKING LOT LOCATED AT 490

BROADWAY AVENUE
RECOMMENDATION: Approve the request and authorize the City Manager to execute a Use Agreement with the Seaside Aquatics Club in accordance with the draft resolution.

H. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT WITH THE VILLAGE PROJECT INC. FOR A FIREWORKS BOOTH ON A CITY-OWNED PROPERTY LOCATED AT 1271 CANYON DEL

REY BOULEVARD
RECOMMENDATION: Approve the request and authorize the City Manager to execute a Use Agreement with The Village Project Inc. in accordance with the draft resolution.

I. ADOPT A RESOLUTION APPROVING CLASSIFICATION ADJUSTMENTS

FOR THE POSITION OF ASSISTANT PUBLIC WORKS DIRECTOR
RECOMMENDATION: Adopt a resolution approving classification adjustments to the Assistant Public Works Director position.

J. ADOPT A RESOLUTION APPROVING THE TRANSPORTATION AGENCY FOR

MONTEREY COUNTY (TAMC) AGREEMENT FOR THE ALLOCATION OF

FUNDING AS APPROVED BY THE TAMC BOARD OF DIRECTORS
RECOMMENDATION: Adopt a resolution approving an agreement between the Transportation Agency for Monterey County (TAMC) and the City of Seaside for the allocation of funding as approved by the Transportation Agency Board of Directors.

K. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT NO. 3 TO THE

PROFESSIONAL SERVICE AGREEMENT WITH WALLACE GROUP FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE

DEL MONTE MANOR STORM DRAIN IMPROVEMENT PROJECT FOR AN
AMOUNT NOT TO EXCEED $11,040.00, AND APPROPRIATING $11,040.00

FROM THE GENERAL FUND TO THE PROJECT BUDGET
RECOMMENDATION: Adopt a resolution authorizing an Amendment No. 3 to the Professional Services Agreement with Wallace Group to perform construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project for an amount not to exceed $11,040.00, resulting in a total Packet Page 4
City Council REGULAR Meeting May 18, 2023 5:00 PM Agenda Page 5 contract amount of $86,798.00, and appropriating $11,040.00 from the General Fund to the project budget.

L. ADOPT A RESOLUTION APPROVING THE ANNUAL REVIEW OF THE

DEVELOPMENT AGREEMENT WITH KB-BAKEWELL SEASIDE VENTURE II,

LLC FOR CAMPUS TOWN
RECOMMENDATION: Adopt a resolution finding that KB-Bakewell Seaside Venture II, LLC, is acting in good faith in compliance with the provisions of the Development Agreement
M. ADOPT A RESOLUTION AUTHORIZING THE CALIFORNIA COASTAL

COMMISSION TO BE THE LEAD AGENCY FOR A CONSOLIDATED COASTAL

DEVELOPMENT PERMIT APPLICATION FOR THE CALIFORNIA

BROADBAND MIDDLE MILE NETWORK PROJECT
RECOMMENDATION: Adopt a resolution authorizing the California Coastal Commission to be the lead agency for a consolidated Coastal Development permit application.

N. ADOPT A RESOLUTION APPROVING THE APPLICATION FOR GRANT

FUNDS FROM THE CALIFORNIA DEPARTMENT OF PARKS AND

RECREATION FOR THE RECREATIONAL TRAILS PROGRAM IN THE
AMOUNT OF $1.6 MILLION DOLLARS WITH A 12% MATCH OF CITY

FUNDS TO IMPLEMENT PROJECT UNDER THE RECREATIONAL TRAILS

PROGRAM
RECOMMENDATION: Adopt a resolution to apply for grant funds from the Recreational Trails Program.

9. PUBLIC HEARING
A. ADOPT A RESOLUTION APPROVING A GENERAL PLAN AMENDMENT AND

CONDUCT A FIRST READING OF AN ORDINANCE AMENDING THE
ZONING MAP FOR THE PROPERTY LOCATED AT 1620 BROADWAY
AVENUE (FIRST READING - ROLL CALL VOTE) (CEQA CLASS 32

EXEMPTION)
RECOMMENDATION: 1. Adopt a Resolution approving a General Plan Amendment; and

2. First Reading of an Ordinance approving a Zoning Map Amendment for 1620 Broadway Avenue.

10. BUSINESS ITEMS
Packet Page 5
City Council REGULAR Meeting May 18, 2023 5:00 PM Agenda Page 6 A. REVIEW REQUEST FOR QUALIFICATIONS (RFQ) FOR CITY LOBBYIST.

RECOMMENDATION: Review and discuss Request for Qualifications (RFQ) for a City Lobbyist and provide feedback to staff on the next steps.

B. CONSIDER CO-SPONSORSHIP AND WAIVE ALL FEES RELATED TO PAUSE THE CALLS "KNOW YOUR RIGHTS" TRAINING AT SOPER FIELD
COMMUNITY CENTER ON MAY 20, 2023
RECOMMENDATION: Consider approving the request from Pause The Calls to co-sponsor their "Know Your Rights" training at Soper Field Community Center on May 20, 2023 from 12:00 p.m. to 4:00 p.m. Approval of this item will result in a waiver of all fees in the approximate amount of $613.00.

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

1. CalFresh Program Participation (Oglesby)

2. Showing support for Monterey Bay Football Club wins (Miller)

12. 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.

13. 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 REAL PROPERTY NEGOGIATORS PURSUANT TO GOVERNMENT CODE 54956.8
RECOMMENDATION: Property: A portion of APN 031-151-013 Approximately 5 acres of land generally bounded by Divarty to the North and Second Avenue to the East
Agency Negotiators: City Manager, et. al
Negotiating Parties: State of California and City of Seaside Under Negotiation: Price, Terms of Payment, or Both
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 EXISTING LITIGATION
Packet Page 6
City Council REGULAR Meeting May 18, 2023 5:00 PM Agenda Page 7 People v. Arzadon
Monterey County Superior Court
Case: 20CV003118
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9- POTENTIAL LITIGATION (2 MATTERS)

14. ADJOURNMENT
Next Regularly Scheduled Meeting:

June 1, 2023
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 Governor Newsom's Executive Orders N-29-20 and N-33-20.

Packet Page 7

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, May 4, 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
The invocation was delivered by Pastor Ronald Britt (Greater Victory Temple Church of God in Christ). The pledge was led by Council Member Alex Miller.

4. REVIEW OF AGENDA
City Manager Fontes advised the Council that at the request of staff, items 7D – Human Resources Update would be delayed to the next meeting on May 18, 2023; and item 9B – Council Discussion Regarding Youth Summer Employment Program Funding for Fiscal Year 2022-2023 was removed as the funding was allocated from the existing budget and is readily available for the recipients to utilize.

5. PUBLIC COMMENT
Dayana Bergman, Pastor Ronald Britt, Catherine Crockett, Dennis Alexander, Tanya Roos, Maria, Peter Kaiser, Christina, Kay Cline.

City Manager Fontes responded to public comment topics regarding small business assistance and promotion, and obtaining access to water that are suitable for the types of business that might occupy the vacant buildings.

Mayor/Chair Oglesby responded to public comment topics regarding military housing and the police enforcement which was clarified that the land is still in Federal Government territory, small business assistance and the challenges facing building owners as it relates to water limitations and their willingness to rent to vacant buildings.

6. PUBLIC AGENCY COMMUNICATIONS
None.

7. PRESENTATIONS
A. MAYOR'S KEY TO THE CITY AWARD (MAYOR IAN N. OGLESBY) Packet Page 8
Thursday, May 4, 2023 City Council REGULAR Meeting Page 2 Mayor Oglesby read the proclamation honoring Carol Mikkelsen for her work and role in the founding of Friends of Seaside Parks Association and its role in the improvement, maintenance and accessibility of Seaside Parks.

Council Member Garcia-Arrazola presented a proclamation on behalf of District 30 Assembly Member Dawn Addis.

Ms. Mikkelsen had remarks and thanked all those that participate in the association and work to help maintain the parks.

B. 4th OF JULY OPERATIONAL PLAN (POLICE COMMANDER MATTHEW DOZA)
Commander Doza provided a presentation and reviewed the operational plan for 4th of July as it relates to fireworks enforcement, and its zero tolerance policy. The goal of the operational plan is safety of residents, visitors, and property from use of illegal fireworks.

Commander Doza responded to questions from the Council regarding county-wide fireworks collaboration, Spanish language translation and interpretation support, promotion of information/identification of illegal fireworks.

The Council asked that an update be provided at the May 18, 2023 Council meeting.

C. UPCOMING CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS (RECREATION SUPERVISOR, KEE HYON HIGGINS)
Mr. Higgins provided a presentation and reviewed the following upcoming events:
• Red Dress Day – May 6 – Oldemeyer Center
• Memorial Flag Event – May 6 – Seaside City Hall
• Wellness Event – May 7 – Oldemeyer Center
• Meet the (Race Car) Drivers – May 10 – Seaside Automall • Monterey Peninsula Art Foundation Gallery – May 1-June 29 – Seaside City Hall • Mother’s Day Brunch – May 13 – Oldemeyer Center
• Summer & Fall Recreation registration – May 15 (residents), May 17 (nonresidents) • Community Meeting – May 17 – Oldemeyer Center
• International Festival – May 20 – City Hall Lawn
• Free smoke alarm installation – May 20 – Sonoma Ave, Fremont Blvd, Canyon Del Rey Blvd, and Charles Ave.
• Baseball & Softball Summer league – May 3 – gojrgiants.org • Tree Giveaway – Seaside Residents – bit.ly/seasidefreetree23 • Community Survey for Seaside Parks & Recreation Master Plan – surveymonkey.com/r/Seasideparks
• Seaside Parks & Recreation Master Plan Open House – June 8 – Oldemeyer Center
• Farmer’s Market – Projected for June 15 (Vendors wanted!) – Packet Page 9
Thursday, May 4, 2023 City Council REGULAR Meeting Page 3 everyonesharvest.org
• Family & Community Support Program – (831) 899-6852
• Friends of Seaside Parks Association Park Clean Ups – May 6, 13, 20, 27 • Monterey Bay F.C. Home Games – May 5, 13, 20
Follow us on social media: facebook.com/SeasideCA , Instagram: @cityofseaside, Twitter: @City_of_Seaside
D. HUMAN RESOURCES UPDATE (HUMAN RESOURCES ANALYST,

SAMANTHA SAKHRANI)
This item was moved to the May 18, 2023 City Council/Successor Agency meeting.

8. CONSENT AGENDA
On motion by Council/Agency Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the Consent Agenda as presented.

RESULTS: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM APRIL 20, 2023
Action: Approved
B. APPROVE APPOINTMENT TO THE COMMUNITY SAFETY ADVISORY

COMMISSION
Action: Appointed Alan Katz to the Community Safety Advisory Commission C. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL CHEERLEADING TEAM
Action: Approved
D. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

THE GREATER VICTORY TEMPLE CHURCH OF GOD IN CHRIST AND, THE "WE WORSHIP" COLLECTIVE YOUTH DAY CAMP
Action: Approved
E. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF DEL MONTE

AVENUE TO THROUGH TRAFFIC FROM TIOGA AVENUE TO THE

BEGINNING OF THE GRANITE ROCK BUILDING FOR THE CLASSIC
PORSCHE EVENT ON AUGUST 14, 2023
Packet Page 10
Thursday, May 4, 2023 City Council REGULAR Meeting Page 4 Action: Adopted Reso #23-77

9. BUSINESS ITEMS
A. ADOPT A RESOLUTION ACCEPTING THE 2022 GENERAL PLAN ANNUAL

PROGRESS REPORT AND AUTHORIZING SUBMITTAL OF THE REPORT TO THE TO THE GOVERNOR’S OFFICE OF PLANNING AND RESEARCH (OPR)

AND THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT (HCD)
Andy Myrick, Community & Economic Development Planning Manager presented the item and reviewed the annual report prepared for submittal to the OPR and HCD.

PUBLIC COMMENT: Dayana Bergman, Miriam Smith
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 accepting the 2022 general plan annual progress report and authorizing submittal of the report to the OPR and HCD.

RESULTS: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: Adopted Reso #23-78
B. COUNCIL DISCUSSION REGARDING YOUTH SUMMER EMPLOYMENT PROGRAM FUNDING FOR FISCAL YEAR 2022-2023 (OGLESBY)
This item was removed from the agenda during Item 4 - Review of Agenda.

10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
Asked that City collaborate and show support for Monterey Bay Union F.C after wins with lighting of City Hall or a hanging of a flag (Miller).

B. FOLLOW UP ON PREVIOUS REQUESTS
City Manager Fontes informed the Council that he would follow up at a future meeting regarding improving resident’s participation in the CalFresh program and a plan for a lobbyist.

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Packet Page 11
Thursday, May 4, 2023 City Council REGULAR Meeting Page 5 Reports provided.

12. CLOSED SESSION
City Attorney Sheri Damon read the Closed Session items and did not anticipate any announcements. There were no comments from the public.

A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 - EXISTING LITIGATION
Committee for Sound Water and Land Development v. City of Seaside, et al.

Monterey County Superior Court
Case No. 20CV002326
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9- POTENTIAL LITIGATION (2 MATTERS)

13. ADJOURNMENT
With no further business, the meeting was adjourned at 7:22 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 12

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Jessica Riley, Assistant Finance Director
DATE: May 18, 2023
SUBJECT: ACCEPT AND FILE THE CASH AND INVESTMENTS REPORT FOR

THE CITY OF SEASIDE AND THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF SEASIDE FOR THE
QUARTER ENDING MARCH 31, 2023

RECOMMENDATION
Accept and file the City of Seaside and the Successor Agency to the Redevelopment Agency of the City of Seaside Cash and Investment Report for the quarter ending March 31, 2023.

BACKGROUND
Section 53646 of the California State Government code requires the fiscal officer to prepare a quarterly report detailing the City's and the Agency's cash and investments.

The City of Seaside's and the Successor Agency's Investment Policy requires a quarterly report. This report covers the Fiscal Year 2022-2023 2nd quarter beginning January 1, 2023, and ending March 31, 2023.

The March 31, 2023 report shows that approximately 99.6% of the portfolio is City of Seaside funds and 0.4% is Successor Agency Funds. 42% of the funds are invested in the Local Agency Investment Fund with the State of California.

FISCAL IMPACT
None.

ATTACHMENTS

1. LAIF Program Description
Packet Page 13

Item No. 8.B. Page 2 of 2

2. LAIF Quarterly Apportionment Rates

3. PMIA Performance Report 20230331

4. Quarterly Investment Exhibits - 3Q quarter ended 3-31-23 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 14
Program Description
The Local Agency Investment Fund (LAIF), a voluntary program created by statute, began in 1977 as an investment alternative for California's local governments and special districts and it continues today under Treasurer Fiona Ma's administration. The enabling legislation for the LAIF is Section 16429.1 et seq. of the California Government Code.

This program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office professional investment staff at no additional cost to the taxpayer.

The LAIF is part of the Pooled Money Investment Account (PMIA). The PMIA began in 1955 and oversight is provided by the Pooled Money Investment Board (PMIB) and an in-house Investment Committee. The PMIB members are the State Treasurer, Director of Finance, and State Controller.

The Local Investment Advisory Board (LIAB) provides oversight for LAIF. The Board consists of five members as designated by statute. The State Treasurer, as Chair, or her designated representative, appoints two members qualified by training and experience in the field of investment or finance, and two members who are treasurers, finance or fiscal officers or business managers employed by any county, city or local district or municipal corporation of this state. The term of each appointment is two years or at the pleasure of the Treasurer.

All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third party custodian. All investments are purchased at market and a market valuation is conducted monthly.

Additionally, the PMIA has Policies, Goals and Objectives for the portfolio to make certain that our goals of Safety, Liquidity and Yield are not jeopardized and that prudent management prevails. These policies are formulated by Investment Division staff and reviewed by both the PMIB and the LIAB on an annual basis.

The State Treasurer's Office is audited by the Bureau of State Audits on an annual basis and the resulting opinion is posted to the State Treasurer’s Office website following its publication. The Bureau of State Audits also has a continuing audit process throughout the year. All investments and LAIF claims are audited on a daily basis by the State Controller's Office as well as an internal audit process.

Under Federal Law, the State of California cannot declare bankruptcy, thereby allowing the Government Code Section 16429.3 to stand. This Section states that "moneys placed with the Treasurer for deposit in the LAIF by cities, counties, special districts, nonprofit corporations, or qualified quasi-governmental agencies shall not be subject to either of the following: (a) transfer or loan pursuant to Sections 16310, 16312, or 16313, or (b) impoundment or seizure by any state official or state agency." During the 2002 legislative session, California Government Code Section 16429.4 was added to the LAIF's enabling legislation. This Section states that "the right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency to withdraw its deposited moneys from the LAIF, upon demand, may not be altered, impaired, or denied in any way, by any state official or state agency based upon the state's failure to adopt a State Budget by July 1 of each new fiscal year." The LAIF has grown from 293 participants and $468 million in 1977 to 2,362 participants and $26.7 billion at the end of December 2019.

Packet Page 15
Home ->> LAIF ->> Quarterly Apportionment Rates
Quarterly Apportionment Rates
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.23 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46 0.55 0.60 0.68
2017 0.78 0.92 1.07 1.20
Home | Open Government | Careers | Contact | Calendar
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Packet Page 16
Home | Comments | Disclosure Notice | Privacy Notice | Accessibility Statement | Unclaimed Property | Site Map | Download Adobe Reader © 2023 California State Treasurer's Office
March June September December
2018 1.51 1.90 2.16 2.40
2019 2.55 2.57 2.45 2.29
2020 2.03 1.47* 0.84 0.63
2021 0.44 0.33 0.24 0.23
2022 0.32 0.75 1.35 2.07
2023 2.74
*Revised 7/21/2020 per State Controller’s Office
Packet Page 17
March 2.831
February 2.624
January 2.425

0.00007493902135155

0.986510329
LAIF Earnings Ratio(2):

LAIF Fair Value Factor(1):

PMIA Daily(1): 2.87
LAIF Apportionment Rate 2.74 (2):

PMIA Quarter to Date(1): 2.63
PMIA Average Life 275 (1):

Treasuries

64.15%
Agencies

21.72%
Certificates of
Deposit/Bank Notes

6.48%
Time
Deposits

2.74%
Commercial
Paper

4.47%
Corporate
Bonds

0.24%
Loans

0.20%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).

Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 04/19/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 03/31/23
Chart does not include $3,085,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
03/31/23
$191.2 billion
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Exhibit A

DESCRIPTION INSTITUTION VALUATION AMOUNT
LAIF - City Funds State Treasurer Market $ 23,855,938.48 General Checking Bank of West Market $ 19,643,917.91
Money Market Bank of West Market $ 6,721,443.70
2022 Lease Escrow Account Webster Bank Market $ 33,551.02 PARS Retirement Account US Bank Market $ 22,407.85
PARS 115 Trust PARS Market $ 3,045,649.88
York Tail Claims Bank of America Market $ 29,809.20
Bond 2018 Cutino Reserve account US Bank Market $ 1,028,745.53 Bond 2018 Measure X Reserve account US Bank Market $ 1,238,875.95 Bond 2014 Reserve account US Bank Market $ 82.43
Bond 2006 Reserve & Installment accounts US Bank Market $ 339,562.51 Pension Obligation Bond Program Reserve account Wells Fargo Bank Market $ 776,575.11 Total $ 56,736,559.57
I hereby certify that sufficient investment liquidity and anitcipated revenues are available to meet the City's and the Agency's aniticipated expenditure requirements for the next six months. (California Code Section 53646)
Investments in this report meet the requirements of the City of Seaside's and the Successor Agency's Investment Policy.

Respectfully submitted,
Jaime Fontes
City Manager
CITY OF SEASIDE and THE SUCCESSOR AGENCY

SUMMARY OF POOLED CASH AND INVESTMENTS
AS OF March 31, 2023
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Exhibit B
Book % of Market
Yield Value Total Value
Investments
State Treasurer LAIF - City Account 1.05% 23,855,938.48 41.74% 23,855,938.48 Checking Account
Bank of West - General Checking 0.00% 19,643,917.91 34.37% 19,643,917.91 Bank of West - Money Market 0.60% 6,721,443.70 11.76% 6,721,443.70 Webster Bank - 2022 Lease 0.11% 455,926.45 0.80% 33,551.02 PARS Retirement Account 1.63% 22,407.85 0.04% 22,407.85 PARS 115 Trust 3.42% 3,045,649.88 5.33% 3,045,649.88
Bank of America-York Checking 0.00% 29,809.20 0.05% 29,809.20 US Bank - Cutino Revenue 2018 Bonds
Installment Payment, Reserve 0.00% 1,028,745.53 1.80% 1,028,745.53 US Bank - Measure X Revenue 2018 Bonds
Installment Payment, Reserve 0.00% 1,238,875.95 2.17% 1,238,875.95 US Bank - Redevelopment Agency Merged Area Refunding 2014 Bonds Installment Payment, Reserve 1.10% 82.43 0.00% 82.43
US Bank - Golf Course 2006 Bonds
Installment Payment, Reserve 0.00% 339,562.51 0.59% 339,562.51 US Bank - PNC Equipment Lease Escrow Account 0.00% - 0.00% - Wells Fargo Bank
Pension Obligation Bond Program Reserve Account 1.88% 776,575.11 1.36% 776,575.11 Total Cash and Investments 100.00% 57,158,935.00 56,736,559.57 CITY OF SEASIDE and THE SUCCESSOR AGENCY

SUMMARY OF POOLED CASH AND INVESTMENTS
AS OF MARACH 31, 2023
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Exhibit C
ACCOUNT BEGINNING EXPENDED or INTEREST ENDING

INSTITUTION STATUS BALANCE DEPOSITED TRANSFERRED EARNED BALANCE

INVESTMENTS
LAIF - City OPEN $ 23,731,963.50 - 123,974.98 $ 23,855,938.48

CHECKING ACCOUNT
Bank of West - General Checking OPEN $ 18,418,132.83 12,993,829.03 11,768,043.95 $ 19,643,917.91 Bank of West - Payroll Checking OPEN $ - 6,738,933.68 6,738,933.68 $ - Bank of West - Money Market OPEN $ 6,701,264.63 - - 20,179.07 $ 6,721,443.70 Webster Bank - 2022 Lease OPEN $ 455,926.45 - 422,505.66 130.23 $ 33,551.02 PARS Retirement Account OPEN $ 17,072.64 17,070.00 11,893.93 159.14 $ 22,407.85 PARS 115 Trust OPEN $ 2,997,489.46 - 2,492.49 50,652.91 $ 3,045,649.88 York Tail Claims OPEN $ 20,021.90 16,170.03 6,382.73 - $ 29,809.20

BOND RESERVE ACCOUNT - HELD BY TRUSTEES
Bond 2018 Cutino Accounts - Reserve, Interest OPEN $ 1,028,732.84 - - 12.69 $ 1,028,745.53 Bond 2018 Meas X Accounts - Reserve, Interest OPEN $ 1,238,860.68 - - 15.27 $ 1,238,875.95 Bond 2014 Accounts - Reserve, Interest OPEN $ 46.52 30,209.73 30,256.25 82.43 $ 82.43 Bond 2006 Accounts - Reserve, Installment OPEN $ 443,938.70 8.56 104,389.81 5.06 $ 339,562.51 Wells F Pension Obligation Bond Prog-Reserve Acct. OPEN $ 769,721.66 - 317.25 7,170.70 $ 776,575.11 $ 55,823,171.81 19,796,221.03 19,085,215.75 202,382.48 $ 56,736,559.57 CITY OF SEASIDE and THE SUCCESSOR AGENCY

CASH AND INVESTMENT ACTIVITY REPORT FOR THE PERIOD
JANUARY 1, 2023 THROUGH MARCH 31, 2023
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: May 18, 2023
SUBJECT: APPROVE PROCLAMATION DECLARING MAY 21 - 27, 2023, AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF SEASIDE

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

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

Therefore, the City should proclaim May 21 - 27, 2023 as National Public Works Week.

FISCAL IMPACT
None

ATTACHMENTS

1. 2023 Public Works Week Proclamation
Reviewed for Submission to the City Council by:
_________________________________________
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Item No. 8.C. Page 2 of 2
Jaime M. Fontes, City Manager
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City of Seaside

PROCLAMATION
National Public Works Week
May 21 – 27, 2023
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of this community; and
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in Seaside, California to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and
WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association, NOW THEREFORE, BE IT PROCLAIMED, that I, the Honorable Ian N.

Oglesby, Mayor of the City of Seaside, do hereby proclaim the week May 21-27, 2023 as National Public Works Week; and I urge all our people to join with representatives of the American Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they have made to our national health, safety, welfare and quality of life.

Ian N. Oglesby, Mayor
May 18, 2023
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: May 18, 2023
SUBJECT: APPROVE A FEE WAIVER FROM THE "RECOGNIZING MILITARY SERVICE CENTER" FOR THE USE OF THE LAGUNA GRANDE

HALL FOR THEIR BLACK HISTORY IS AMERICAN HISTORY
EVENT ON FEBRUARY 03, 2024

RECOMMENDATION
Approve the fee waiver request from the Recognizing Military Service Center (RMSC) for the use of Laguna Grande Hall to hold their Black History is American History in the amount of $393.75, the organization will provide the City with the non-refundable portion of the deposit of $98.25.

BACKGROUND
The Recognizing Military Service Center is a non-profit organization.They are requesting a fee waiver to help cover the costs associated with their Black History is American History Program on Saturday, February 03, 2024 from 1:00 p.m. to 5:00 p.m. in the Laguna Grande Hall at the Oldemeyer Center. February is Black History month, and this program is to remember the contributions of Black Americans and speak of them as part of Black history. This history is an important part of American history.

Staff recommends that the fees be waived for the rental cost of the facility and that the organization pay only 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
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Item No. 8.D. Page 2 of 2
Deposit Non Refundable Portion $ 98.25
TOTAL $492.00
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the non-refundable deposit only, the fiscal impact is $393.75.

ATTACHMENTS

1. Recognizing Military Service Center Fee Waiver 2023

2. 501(c)(3) - Recognizing Military Service Center
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: May 18, 2023
SUBJECT: APPROVE A FEE WAIVER REQUEST FROM NARCOTICS

ANONYMOUS FOR THE USE OF LAGUNA GRANDE HALL FOR A
WOMEN'S BRUNCH ON JANUARY 27, 2024

RECOMMENDATION
Approve the fee waiver request from Narcotics Anonymous for the use of Laguna Grande Hall and Kitchen to hold their Women's Brunch in the amount of $562.50, with the organization providing the City with the non-refundable portion of the deposit of $98.25.

BACKGROUND
The Monterey County Area Narcotics Anonymous Women's Brunch Committee is requesting a fee waiver for use of the Oldemeyer Center auditorium for a women's brunch on January 27, 2024. Their mission for the Women's Brunch is to introduce women new to recovery to Narcotics Anonymous for support, fun and fellowship. Their experience has been that women from all over the state will attend the brunch. Each member is asked to bring the women that they sponsor to the event. Many of the women that attend the event will stay over in Seaside and enjoy local restaurants and businesses.

The last fee waiver submitted to the City Council for Narcotics Anonymous was approved on July 21, 2022. The organization will provide their own insurance.

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

Laguna Grande Hall Fee 10 hours at $56.25 $562.50
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Item No. 8.E. Page 2 of 2
Non Refundable Deposit $ 98.25
TOTAL $663.75
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the non-refundable deposit only, the fiscal impact is $562.50.

ATTACHMENTS

1. Narcotics Anonymous Fee Waiver (Women's Brunch) 2023

2. 501(c)(3) - Narcotics Anonymous
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Jaime M. Fontes, City Manager
DATE: May 18, 2023
SUBJECT: APPROVE THE SALE OF SAFE AND SANE FIREWORKS IN THE CITY OF SEASIDE JUNE 28 - JULY 5 BY MONTEREY BAY
CHRISTIAN CENTER, SEASIDE AQUATIC CLUB INC., WORLD
OUTREACH SERVICES INC., MONTEREY CONDORS CLUB, THE

VILLAGE PROJECT AND IGLESIA VIDA CAMINO VERDAD OF
THE ASSEMBLES OF GOD.

RECOMMENDATION
Consider the sale of "safe and sane" fireworks in the City of Seaside for the period of June 28, 2023 - July 5, 2023.

BACKGROUND
The purpose of this item is for the City Council to discuss and consider allowing three non-profit organizations to sell "safe and sane" fireworks in the City of Seaside from June 28, 2023 through July 5, 2023.
"Safe and sane" firework sales are regulated under Seaside Municipal Code Chapter

8.32 (Ordinance No. 1014). Exception 8.32.050 is titled "Safe and Sane Fireworks." The Ordinance states, "the sale, display for sale, and use of "safe and sane" fireworks shall be permitted only during that period beginning at noon on June 28 and ending at 10:00 p.m. July 5 of the same year. It shall be unlawful for any person to sell "safe and sane" fireworks within the City of Seaside without having first applied for and received a permit from the city as required in this chapter. Only "safe and sane" fireworks certified by the State of California Fire Marshal can be sold.

This ordinance allows non-profit agencies based in the City of Seaside to sell "safe and sane" fireworks in order to benefit the youth and adults that live in the City of Seaside.

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Item No. 8.A. Page 2 of 2
A pre-requisite of this ordinance includes certification by the Secretary of State of California or the Internal Revenue Service along with a current mailing address within the City of Seaside.

The following organizations have submitted an application for approval to sell "safe and sane" fireworks.

Monterey Bay Christian Center
Location: 1510 Fremont Blvd
Seaside Aquatics Club, Inc.
500 Broadway Ave (Parking Lot)
World Outreach Services, Inc.

Location: 1340 Fremont Blvd
Monterey Condors Club
Location: 1391 Fremont Blvd
The Village Project
1271 Canyon Del Rey (Dirt Lot)
Iglesia Vida, Camino, Verdad of the Assembles of God
1349 Canyon Del Rey

If the council approves of the sale of "safe and sane" fireworks, each booth is thoroughly inspected by the Fire Department prior to the booth opening for sales.

FISCAL IMPACT
7% of gross sales.

ATTACHMENTS

1. 2014 Adopted Ordinance - 1014 FIREWORKS
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager Laura Calata, Administrative Analyst
DATE: May 18, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A USE AGREEMENT WITH THE SEASIDE AQUATICS

CLUB FOR A FIREWORKS BOOTH ON A CITY-OWNED PARKING
LOT LOCATED AT 490 BROADWAY AVENUE

RECOMMENDATION
Approve the request and authorize the City Manager to execute a Use Agreement with the Seaside Aquatics Club in accordance with the draft resolution.

BACKGROUND
The “Seaside Dolphins” have been using the vacant lot, recently designated Municipal Parking Lot 1, located at the southwest corner of Broadway Avenue and Contra Costa Street for their annual fireworks fundraiser for the past three years. The location map is provided as Attachment 2. The site was previously owned by the Coniglio Family Trust. With the purchase of the site by the City of Seaside in 2022, the applicant is now required to receive authorization from the City as the property owner. The applicant’s letter of request and supporting non-profit status information is provided as Attachment 3. The Seaside Dolphins have had an extensive record of operating sales elsewhere in the City for over 20 years. There have been no negative comments related to the sale of fireworks by the Seaside Dolphins at the project location or other sites that have been used by the Seaside Dolphins in the City.

The sale of permitted fireworks would occur from June 28th through July 5th. The site plan of the fireworks sales area is provided as Attachment 4. The fireworks booth will measure approximately 12 feet wide by 20 feet in length. Set-up and breakdown of the event would occur between June 20th and July 8th, 2023. Additionally, a 12 foot by 20 foot metal storage container would be placed near the fireworks booth for the Packet Page 60

Item No. 8.G. Page 2 of 2
storage of fireworks being sold on-site in accordance with State Law. The sales hours will generally occur between 10 am and 10 pm daily. Site photographs of the Fireworks Sales Area are provided as Attachment 5. The nearest residential properties are located 300 feet to the south, with the residential property being buffered by the Acme Coffee site located between the residential property and the project site. The booth would be approximately 80 feet from the nearest building. Prior to receiving a clearance from the Fire Marshal to begin selling, the fireworks vendor would be responsible for providing the required Certificate of Insurance naming the City of Seaside as additional insured for $2,000,000.00 per occurrence and $4,000,000.00 as an aggregate minimum.

FISCAL IMPACT
There is no anticipated fiscal impact on the City of Seaside associated with this Use Agreement.

ATTACHMENTS

1. Resolution

2. Location Map

3. Letter of Request

4. Site Plan

5. Site Photos
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE

AGREEMENT WITH THE SEASIDE AQUATICS CLUB FOR A FIREWORKS BOOTH ON A CITY-OWNED PARKING LOT, LOCATED AT 490 BROADWAY AVE.

WHEREAS, Seaside Aquatics Club, a non-profit organization, filed a request for the placement of a fireworks booth and sales of fireworks at parcel APN 011-302-002, more commonly known as 490 Broadway Avenue; and
WHEREAS, on May 18, 2023, the City Council of the City of Seaside held a public hearing to consider approving the request for the retail sales of fireworks for the Seaside Aquatics Club from June 28th through July 5th, 2023; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute the Use Agreement with Seaside Aquatics Club attached hereto as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 18th day of May, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

ATTEST:
________________________
Ian N. Oglesby, Mayor
_____________________________
Dominique L. Davis, City Clerk
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EXHIBIT A

USE AGREEMENT
THIS AGREEMENT is entered into this 18th day of May, 2023, by and between the City of Seaside, a municipal corporation, hereinafter referred to as “CITY,” and the Seaside Aquatics Club, a non-profit organization, hereinafter referred to as “TENANT.”

1. PREMISES
The City authorizes the TENANT to use a portion of the land known as Assessor’s Parcel Number 011-301- 002, located at 490 Broadway Avenue, hereafter the “PREMISES” as shown on the attached site plan (Attachment 1).

2. TERM OF AGREEMENT
The parties hereto agree that the TENANT shall have exclusive use of the PREMISES from June 28 to July 5, 2023. TENANT may make use of onsite parking not included as part of the PREMISES, provided that said use is non-exclusive and shall be upon the same terms and conditions applicable to the general public.

3. INSURANCE
The TENANT shall procure and maintain, at its own cost and expense, an insurance policy acceptable to the CITY, in the minimum amount of two million dollars ($2,000,000.00) per occurrence and four million dollars ($4,000,000.00) as an aggregate, insuring the TENANT and the CITY against any and all liabilities arising from the use of the PREMISES as set forth in this Agreement. The TENANT shall provide the CITY with a certificate of insurance reflecting the terms of this Paragraph. The TENANT shall maintain said insurance in full force and effect throughout the entire term of this Agreement.

4. INDEMNITY
In consideration of this Use Agreement issued by the CITY to allow the TENANT to use the PREMISES for the sales of fireworks, the TENANT hereby agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs including litigation costs and attorney’s fees from every cause, including but not limited to injury to person(s) or property or wrongful death arising directly or indirectly out of any act or omission of the TENANT or its agents, officers, and employees or volunteers resulting or alleged to have resulted, directly or indirectly, wholly or partially, from the TENANT’S aforementioned use of the property. In addition, the TENANT agrees to waive subrogation rights for any Workers’ Compensation related injuries. The CITY make no warranty as to the suitability of the property for the aforementioned use of the property. Therefore, the TENANT has a duty to inspect the site for potential hazards; correct any hazards discovered and warn participants of any potential for hazards.

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5. CONDITIONS OF USE
Use of said PREMISES is subject to the following terms and conditions:
(a) All temporary signs, banners, fencing and other materials used in connection with the Fireworks sales shall remain within the boundaries of the PREMISES and not encroach into a public right-of-way.
(b) The subject property shall be cleared of all litter and Fireworks merchandise refuse materials at least once a day throughout the approved event. The subject property shall be completely cleared of litter and ancillary equipment at the end of the event. (c) Prior to beginning Fireworks sales, the TENANT must receive approval of a final inspection with the Fire Marshal.
(d) Prior to installation of any temporary lights, the TENANT shall obtain approval of any and all required building permits, including electrical permits, prior to installation. (e) Tenant shall operate so that the maximum feasible number of onsite parking stalls remain accessible to the public. No structure shall be located outside of the PREMISES.

6. UTILITIES
The TENANT shall be solely responsible for all utilities furnished to said PREMISES.

7. RESPONSIBILITY FOR PREMISES
The TENANT shall quit and surrender the PREMISES following termination of use under this Agreement in as good a state and condition as they were at the commencement of such use, reasonable wear and tear thereof and damages by the elements accepted. The TENANT also agrees that if said PREMISES are damaged during the terms of this Agreement, by the act, default, or negligence of the TENANT, its officers, agents, employees, guests, patrons, or any person or persons permitted onto said PREMISES by the TENANT, the TENANT shall pay to the CITY upon demand such sum as shall be necessary to restore said PREMISES to the condition they were in at the commencement of use pursuant to this Agreement.

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

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9. TERMINATION
The CITY and the TENANT specifically agree that any default by the TENANT shall be an immediate breach and the CITY shall have an immediate right to terminate this Agreement upon twenty-four (24) hours written notice to the TENANT.

10. LEGAL ACTION
Should either party to this Agreement bring legal action against the other, the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fees which shall be fixed by the judge hearing the case and such fee shall be included in the judgment, together with all costs.

11. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the TENANT and the 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 written amendment be executed by both the TENANT and the CITY.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the 18th day of May, 2023.

City of Seaside Tenant (Non-Profit Group)
Seaside Aquatics Club
Jaime M. Fontes, CITY MANAGER (Name of Organization)

Print Name/Title
Signature
ATTACHMENT:

1. Attachment 1- Site Plan
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Attachment 1
Site Plan
Fireworks
Booth
Storage
Container
Key:

PREMISES
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Attachment 2
Location Map
Project Site: 490 Broadway Avenue
Project site
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Attachment 3
Letter of Request
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Attachment 4
Site Plan
Project Site: 490 Broadway Avenue
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Attachment 5
Site Photos
View from corner of Contra Costa Street and Broadway Avenue View from Contra Costa Street
Location of
Fireworks Booth
Location of
Fireworks Booth
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

FOR A FIREWORKS BOOTH ON A CITY-OWNED PROPERTY
LOCATED AT 1271 CANYON DEL REY BOULEVARD

RECOMMENDATION
Approve the request and authorize the City Manager to execute a Use Agreement with The Village Project Inc. in accordance with the draft resolution.

BACKGROUND
The Village Project Inc. has been conducting an annual fireworks fundraiser for many years at the Home Deport parking lot at 1590 Canyon Del Rey Boulevard; however, they are no longer able to operate at that location. The Village Project Inc. is requesting to use a portion of City-owned property located at 1271 Canyon Del Rey Boulevard. City Council approved the purchase of 1271 Canyon Del Rey Boulevard during the December 21, 2022 Council Meeting and has since acquired the property. The applicant is seeking permission from the City as property owner to utilize this location for their sales. The applicant’s letter of request and supporting non-profit status information are provided as Attachment 3. The Village Project has an extensive record of operating sales at their prior location with no negative comments related to their sale of fireworks.

The sale of permitted fireworks will occur from June 28th through July 5th. The site plan of the fireworks sales area is provided as Attachment 4. The fireworks booth will measure approximately 12 feet wide by 20 feet in length. Set-up and breakdown of the event would occur between June 20th and July 8th, 2023. Additionally, a 12 foot by 20 foot metal storage container would be placed near the fireworks booth for the storage of fireworks being sold on-site in accordance with State Law. The sales hours will Packet Page 84

Item No. 8.H. Page 2 of 2
generally occur between 10 am and 10 pm daily. Site photographs of the Fireworks Sales Area are provided as Attachment 5. The nearest residential properties are located 60 feet to the east with the residential property being buffered by four lanes of Canyon Del Rey Boulevard. This distance also exceed the minimum distance of 30 feet required from adjacent buildings. Prior to receiving a clearance from the Fire Marshal to begin selling, the fireworks vendor would be responsible for providing the required Certificate of Insurance naming the City of Seaside as additional insured for $2,000,000.00 per occurrence and $4,000,000.00 as an aggregate minimum.

FISCAL IMPACT
There is no anticipated fiscal impact on the City of Seasie associated with this Use Agreement.

ATTACHMENTS

1. Resolution

2. Location Map

3. Letter of Request

4. Site Plan

5. Site Photo
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT WITH THE VILLAGE PROJECT INC. FOR A FIREWORKS BOOTH ON A CITY-OWNED PROPERTY LOCATED AT 1271 CANYON DEL REY

BOULEVARD
WHEREAS, The Village Project, Inc., a non-profit organization , filed a request for the placement of a fireworks booth and sales of fireworks at a portion of parcel APNs 011-371-005 and 011-371-022, more commonly known as 1271 Canyon del Rey Boulevard; and
WHEREAS, on May 18, 2023, the City Council of the City of Seaside held a public hearing to consider approving the request for the retail sales of fireworks for The Village Project Inc. from June 28th through July 5th, 2023; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute the Use Agreement with The Village Project Inc. attached hereto as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 18th day of May, 2023, by the following vote: AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

ATTEST:
_____________________
Ian N. Oglesby, Mayor
_____________________________
Dominique L. Davis, City Clerk
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EXHIBIT A

USE AGREEMENT
THIS AGREEMENT is entered into this 18th day of May, 2023, by and between the City of Seaside, a municipal corporation, hereinafter referred to as “CITY” and The Village Project Inc., a non-profit organization, hereinafter referred to as “TENANT.”

1. PREMISES
The CITY authorizes the TENANT to use a portion of the land known as Assessor’s Parcel Numbers 011-371-005 and 011-371-022, located at 1271 Canyon del Rey Boulevard, hereafter the “PREMISES” shown on the attached site plan (Attachment 1).

2. TERM OF AGREEMENT
The parties hereto agree that the TENANT shall have exclusive use of the PREMISES herein described from June 28 to July 5, 2023.

4. INDEMNITY
In consideration of this Use Agreement issued by the CITY to allow the tenant to use the PREMISES for the sales of fireworks, the TENANT hereby agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs including litigation costs and attorney’s fees from every cause, including but not limited to injury to person(s) or property or wrongful death arising directly or indirectly out of any act or omission of the TENANT or its agents, officers, and employees or volunteers resulting or alleged to have resulted, directly or indirectly, wholly or partially, from the TENANT’S aforementioned use of the property. In addition, the TENANT agrees to waive subrogation rights for any Workers’ Compensation related injuries. The CITY make no warranty as to the suitability of the property for the aforementioned use of the property. Therefore, the TENANT has a Packet Page 87
duty to inspect the site for potential hazards; correct any hazards discovered and warn participants of any potential for hazards.

5. CONDITIONS OF USE
Use of said PREMISES is subject to the following terms and conditions:
(a) All temporary signs, banners, fencing and other materials used in connection with the Fireworks sales shall remain within the boundaries of the PREMISES and not encroach into a public right-of-way.
(b) The subject property shall be cleared of all litter and Fireworks merchandise refuse materials at least once a day throughout the approved event. The subject property shall be completely cleared of litter and ancillary equipment at the end of the event.
(c) Prior to beginning Fireworks sales, the TENANT must receive approval of a final inspection with the Fire Marshal.
(d) Prior to installation of any temporary lights, the TENANT shall obtain approval of any and all required building permits, including electrical permits, prior to installation.

6. UTILITIES
The TENANT shall be solely responsible for all utilities furnished to said PREMISES.

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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the 18th day of May, 2023.

City of Seaside Tenant (Non-Profit Group)
The Village Project, Inc.

Jaime M. Fontes, CITY MANAGER (Name of Organization)

Print Name/Title
Signature
ATTACHMENT:

1. Attachment 1- Site Plan
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Attachment 1
Site Plan
Fireworks
Booth
Storage
Container
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Attachment 2
Location Map
Project Site: 1271 Canyon Del Rey Boulevard
Project site
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Attachment 3 - Letter of Request
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Attachment 4
Site Plan
Project Site: 1271 Canyon Del Rey Boulevard
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Attachment 5
Site Photos
Location of
Fireworks Booth
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Ashley Collick, Assistant City Manager
DATE: May 18, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING CLASSIFICATION

ADJUSTMENTS FOR THE POSITION OF ASSISTANT PUBLIC

WORKS DIRECTOR

RECOMMENDATION
Adopt a resolution approving classification adjustments to the Assistant Public Works Director position.

BACKGROUND
The City's management team continually evaluates staffing and the City's organizational structure. The Assistant Public Works Director position is needed to enhance the City's ability to provide an appropriate counterpart to the Public Works Director/City Engineer to manage the duties of its role.

Civil engineering is a broad, professional engineering discipline that deals with design, construction, and maintenance of systems for water supply, sewage treatment, roads, buildings, and other specialties.

Historically, the Public Works Department has used civil, assistant and associate engineers to perform these duties. However, the growing demands of the City's projects require that the City pursue changes to the organizational structure that are more appropriately aligned with the proposed classification to meet the City's standards.

An internal salary study was conducted to include the Assistant Public Works Director, as this position was not included in the Citywide salary study that was conducted in May 2022.

Recently, the City conducted a successful recruitment for the Assistant Public Works Packet Page 107

Item No. 8.I. Page 2 of 2
Director.

The attached salary study details the modification to the pay range.

FISCAL IMPACT
The hourly salary rate range is $74.18 - $90.17.

ATTACHMENTS

1. Salary Survey - Assistant Public Works Director

2. reso assist pw director
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. XXXX

ADOPT A RESOLUTION APPROVING CLASSIFICATION ADJUSTMENTS FOR THE

POSITION OF ASSISTANT PUBLIC WORKS DIRECTOR
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, The Assistant Public Works Director position is needed to enhance the City's ability to provide an appropriate counterpart to the Public Works Director/City Engineer to manage the duties of its role; and
WHEREAS, Civil engineering is a broad, professional engineering discipline that deals with design, construction, and maintenance of systems for water supply, sewage treatment, roads, buildings, and other specialties; and
WHEREAS, Historically, the Public Works Department has used civil, assistant and associate engineers to perform these duties. However, the growing demands of the City's projects require that the City pursue changes to the organizational structure that are more appropriately aligned with the proposed classification to meet the City's standards; and WHEREAS, there is a need to modify the Salary Schedule to update the Assistant Public Works Director hourly rate range is $74.18 - $90.17; and WHEREAS, the Finance Department is authorized to make any budget adjustments that are necessary as a result of this change.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby approve the modification to the Position Allocation List and Salary Schedule.

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________
Ian N. Oglesby, Mayor
City of Seaside
ATTEST:
_________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: May 18, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE TRANSPORTATION

AGENCY FOR MONTEREY COUNTY (TAMC) AGREEMENT FOR

THE ALLOCATION OF FUNDING AS APPROVED BY THE TAMC

BOARD OF DIRECTORS

RECOMMENDATION
Adopt a resolution approving an agreement between the Transportation Agency for Monterey County (TAMC) and the City of Seaside for the allocation of funding as approved by the Transportation Agency Board of Directors.

BACKGROUND
The Transportation Agency for Monterey County (TAMC) awarded the City of Seaside two hundred one thousand, three hundred forty-five dollars ($201,345) for the Regional Surface Transportation Program (RSTP) Fair Share allocation at its March 22, 2023 meeting. The grant award is for a three-year period ending fiscal year 2026. TAMC submitted a Master Funding Agreement for the City's consideration. The Master Funding Agreement is attached as Attachment 1.

The City of Seaside and the Transportation Agency for Monterey County previously executed a Master Funding Agreement that covered the period June 2020 through June 2023.

The Master Funding Agreement with TAMC is designed to comply with a State requirement that TAMC enters into contracts with its member agencies for the reimbursement of Regional Surface Transporatation Program funds. The Master Packet Page 111

Item No. 8.J. Page 2 of 3
Funding Agreement details state requirements for several funding sources (Regional Surface Transportation Program, Transportation Development Act 2%, and Local Transportation Fund) and other fiscal provisions required to comply with state and federal regulations. The agreement also covers any Regional Development Impact Fees that are programmed for projects managed by local jurisdictions, requiring them to follow the same provisions as the other fund sources.

The Master Agreement anticipates that specific projects and amounts may vary over time and that the City and TAMC will only need to approve revised Exhibit A documents, rather than the entire Master Agreement. Each Exhibit A will identify the project for which funds are allocated, as well as the timing and amount of such funds for each identified project, in order to ensure compliance with requirements. Exhibit A for each jurisdiction will be updated each time new funds are allocated or existing allocations are modified.

While the majority of the provisions in the Master Funding Agreement reflect the language of the agreement that the Transportation Agency signs with the State to receive RSTP funds, Agency staff have also included project completion requirements in this agreement. As part of the Master Funding Agreement, the funding recipient agrees to provide to TAMC a short report summarizing total project costs and milestones, including before and after photos of the project, for each funded project within sixty days of completion. In addition, the Master Funding Agreement will need to be updated with each agency every three years. Each individual project will have a three-year timely use of fund date, timed to the day the award was approved by the TAMC Board of Directors. All projects awarded to a jurisdiction with funds programmed by TAMC will be included in the Master Agreement, including past awards and fair share allocations.

Once a Master Agreement has been executed, then jurisdictions may submit a claim to receive reimbursement of funds.

Staff recommends that the City Council adopt a resolution approving the agreement with TAMC and authorize the City Manager to execute the agreement. The City cannot request disbursement of grant funds from the TAMC until the Master Funding Agreement is fully executed, and the current agreement is due to expire in less than a month.

ENVIRONMENTAL COMPLIANCE
In accordance with Title 14, California Code of Regulations (CCR, Title 14), Chapter 3 “CEQA Guidelines,” Article 20, Section 15378, the proposed action is not a project as defined by the California Environmental Quality Act (CEQA). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities Packet Page 112

Item No. 8.J. Page 3 of 3
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.

FISCAL IMPACT
There is no fiscal impact to the General Fund associated with the approval of the Agreement. Programming of these funds is incorporated into the Draft Budget for future projects.

ATTACHMENTS

1. Resolution

2. Agreement

3. Exhibit A
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING AN AGREEMENT BETWEEN THE TRANSPORTATION AGENCY FOR

MONTEREY COUNTY AND THE CITY OF SEASIDE FOR THE ALLOCATION OF FUNDING FOR THE PERIOD JUNE 2023 THROUGH JUNE 2026 AS APPROVED

BY THE TRANSPORTATION AGENCY BOARD OF DIRECTORS
WHEREAS, the Transportation Agency for Monterey County is the statedesignated Regional Transportation Agency for Monterey County; and WHEREAS, the Regional Surface Transportation Program (RSTP) was established by California State Statue utilizing Surface Transportation Program funds that are identified in Section 133 of Title 23 of the United States Code; and WHEREAS, Local Transportation Funds are made available in accordance with Section 99233.3 of the Transportation Development Act (TDA) for Pedestrian and Bicycle Facilities; and
WHEREAS, the Transportation Agency for Monterey County (TAMC) distributes these funds to local agencies as part of its responsibilities as the Regional Transportation Planning Agency for Monterey County; and
WHEREAS, TAMC’s member agencies are required to enter into a Funding Allocation Agreement, attached hereto, for reimbursement of these funds that details state requirements for RSTP funds and other fiscal provisions required to comply with state and federal regulations; and
WHEREAS, attached to the Funding Allocation Agreement is Exhibit A that has identified projects for which these funds are allocated, as well as the amounts of funds for each identified project, in order to ensure compliance with grant requirements; and WHEREAS, in accordance with Title 14, California Code of Regulations (CCR, Title 14), Chapter 3 “CEQA Guidelines,” Article 20, Section 15378, the proposed action is not a project as defined by the California Environmental Quality Act (CEQA).

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Seaside authorize the City Manager to execute the Agreement between the Transportation Agency for Monterey County and the City of Seaside for the Allocation of Funding for the period June 2023 through June 2026 as Approved by the Transportation Agency Board of Directors, attached hereto.

PASSED AND ADOPTED at a regular City Council meeting duly held on the 18th day of May, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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______________________________
Ian N. Oglesby, Mayor
City of Seaside
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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AGREEMENT BETWEEN THE

TRANSPORTATION AGENCY FOR MONTEREY COUNTY

AND THE CITY OF SEASIDE

FOR THE ALLOCATION OF FUNDING APPROVED BY

THE TRANSPORTATION AGENCY BOARD OF DIRECTORS
This agreement is made on _____________ by and between the City of Seaside, a public body, hereinafter referred to as “Recipient,” and the Transportation Agency for Monterey County, hereinafter referred to as “TAMC.”
WHEREAS, TAMC is the state-designated Regional Transportation Planning Agency for Monterey County; and
WHEREAS, as authorized by section 182.6(g) of the Streets and Highways Code, TAMC has entered into a separate agreement with the State of California, through the Department of Transportation (Caltrans), to assign a defined portion of its annual federal Surface Transportation Block Grant Program (STBGP) apportionment to Caltrans in exchange for state funds for specified fiscal year(s); and
WHEREAS, TAMC is authorized to use these exchanged funds (hereinafter referred to as “RSTP Exchange Funds”) to assist local agencies to promote projects which otherwise qualify for STBGP funds; and
WHEREAS, as authorized by Chapter 2, Title 21, Rule 6640 of the Transportation Development Act, one of the duties of TAMC is to administer the provisions of the Transportation Development Act in apportioning Local Transportation Funds (LTF) for the Transportation Development Act 2% (TDA 2%) program for bicycle and pedestrian projects pursuant to Article 3 of that law, and to the Cities, County, and Monterey-Salinas Transit; WHEREAS, as authorized by the Joint Powers Agreement for the Monterey County Regional Development Impact Fee Agency, TAMC is designated to administer and allocate regional development impact fee revenues (RDIF) to projects identified in the approved Strategic Expenditure Plan; and
WHEREAS, the TAMC Board of Directors has approved the allocation of funds toward the projects listed in Exhibit A; and
WHEREAS, it is contemplated by TAMC and the Recipient that the amount of funding and the projects designated in Exhibit A may change from time to time as set forth below; and WHEREAS, TAMC has requested the Monterey County Auditor-Controller to establish a separate fund for the Federal Apportionment Exchange Program and such a separate fund has been established.

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NOW, THEREFORE, in consideration of the mutual covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS:

1. RULES FOR RSTP EXCHANGE FUNDS
A. TAMC agrees to allocate RSTP Exchange Funds paid by Caltrans under the Federal Apportionment Exchange Program only for projects as authorized under sections 133(b) and 133 (c) of Title 23, United States Code and Article XIX of the California State Constitution.

B. The Recipient agrees to use RSTP Exchange Funds only for the RSTP Exchange eligible project(s) described in Exhibit A, as approved by the TAMC Board of Directors, for the amounts awarded for each project.

2. RULES FOR TDA 2%
A. TAMC agrees to allocate TDA 2% funds under the Transportation Development Act only for projects as authorized under the Transportation Development Act Section 99234 Claims for Pedestrian and Bicycle Facilities.

B. The Recipient agrees to use TDA 2% funds only for TDA 2% eligible project(s) described in Exhibit A, as approved by the TAMC Board of Directors, for the amounts awarded for each project.

3. RULES FOR RDIF
A. TAMC agrees to allocate RDIF funds under the Joint Powers Agreement only for projects as authorized by the TAMC Board of Directors in the approved Strategic Expenditure Plan.

B. The Recipient agrees to use RDIF funds only for RDIF eligible project(s) described in Exhibit A, as approved by the TAMC Board of Directors, for the amounts awarded for each project.

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4. ADMINISTRATIVE POLICIES
A. The projects described in Exhibit A, and the amounts allocated therefore, may be amended from time to time without changing the rest of this Master Agreement, by means of approval by the TAMC Board of Directors of a revised Exhibit A, which shall be designated by a date and number (e.g., “Exhibit A-1 (DATE)”).

B. The Recipient agrees to submit an annual report to TAMC by April 30 describing the progress towards completion for all projects listed in Exhibit A.

C. The Recipient agrees to mention TAMC’s role in funding the project in any press releases or media events held by the Recipient to promote a funded project.

D. TAMC agrees to reimburse the Recipient within 30 days of receipt of a completed claim form (Exhibit B) from the Recipient.

E. The Recipient agrees to cause the completion of the project(s) within three years from the date funds were awarded by the TAMC Board of Directors, as recorded in Exhibit A. Failure to complete the project(s) in a timely basis shall allow TAMC to refuse reimbursement and to reprogram such funds for other purposes.

5. COST PRINCIPLES
A. Recipient agrees to comply with Office of Management and Budget Circular A-87, Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements.

B. Recipient agrees to:
(a) use Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., to determine the allowability of individual project cost items; and
(b) comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Costs Principles and Audit Requirements.

Every sub-recipient receiving funds as a contractor or sub-contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Costs Principles and Audit Requirements.

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6. THIRD PARTY CONTRACTING
A. Recipient shall not award a construction contract over $10,000 or other contracts over $25,000 on the basis of a noncompetitive negotiation for work to be performed using Funds without the prior written approval of Caltrans. This provision shall not apply to professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e), and (f).

B. Recipient agrees that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as project costs only after those costs are incurred and paid for by the subcontractors and only if consistent with Paragraph 10, below.

C. In addition to the above, the pre-award requirements of third party contractor/ consultants with Recipient shall be consistent with Local Program Procedures as published by Caltrans.

7. ACCOUNTING SYSTEM
Recipient, its contractors and subcontractors, shall establish and maintain an accounting system and records that properly accumulate and segregate expenditures by line item.

The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment claims.

8. RIGHT TO AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, Recipient shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, TAMC, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision.

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9. TRAVEL AND SUBSISTENCE
Payments to Recipient for travel and subsistence expenses of Recipient forces and/or its contractors or subcontractors, claimed for reimbursement or applied as local match credit, shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those authorized DPA rates, then Recipient is responsible for the cost difference and any overpayments shall be reimbursed to the TAMC on demand.

10. PROJECT COMPLETION
Recipient agrees to provide to the TAMC a short report summarizing total project costs and milestones, including before and after photos of the project, for each project within sixty (60) days of completion.

11. GOVERNING LAWS
This Agreement shall be construed and enforced according to the laws of the State of California, and the parties hereby agree that the County of Monterey shall be the proper venue for any dispute arising hereunder.

12. CONFLICT OF INTEREST
Recipient warrants that it presently has no interest and shall not acquire any interest during the term of this Agreement, which would directly or indirectly conflict in any manner or to any degree with its full and complete performance of all services under this Agreement.

13. CONSTRUCTION OF AGREEMENT
The parties agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any exhibit or amendment. To that end, it is understood and agreed that this Agreement has been arrived at through negotiation, and that neither party is to be deemed the party which prepared this Agreement within the meaning of Civil Code Section 1654. Section and paragraph headings appearing herein are for convenience only and shall not be used to interpret the terms of this Agreement.

14. WAIVER
Any waiver of any term or condition hereof must be in writing. No such waiver shall be construed as a waiver of any other term or condition herein.

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15. SUCCESSORS AND ASSIGNS
This Agreement and all rights, privileges, duties and obligations hereunder, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns and heirs.

16. TIME IS OF THE ESSENCE
The parties mutually acknowledge and agree that time is of the essence with respect to every provision hereof in which time is an element. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligation or act, nor shall any such extension create a precedent for any further or future extension.

17. EXECUTION OF AGREEMENT
Any individual executing this Agreement on behalf of an entity represents and warrants that he or she has the requisite authority to enter into this Agreement on behalf of such entity and to bind the entity to the terms and conditions hereof. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.

18. ENTIRE AGREEMENT
This document, including all exhibits hereto, constitutes the entire agreement between the parties, and supersedes any and all prior written or oral negotiations and representations between the parties concerning all matters relating to the subject of this Agreement.

19. TERMINATION DATE
This Agreement shall remain in effect for a period of three (3) years from the date of this Agreement.

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IN WITNESS WHEREOF, TAMC and Recipient execute this Agreement as follows:

TRANSPORTATION AGENCY FOR MONTEREY COUNTY
_________________________________ ___________
Todd Muck Date
Executive Director
Recipient:

CITY OF SEASIDE
______________________________ ___________
Jaime M. Fontes, City Manager Date
Approved as to Form:
_______________________________ ___________
Robert Brayer Date
TAMC Counsel
___________
Date
______________________________
Sheri Damon, City Attorney
City of Seaside
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Transportation Agency for Monterey County
Master State and Federal Funding Agreement
Exhibit A
City of Seaside
Agency Board Approval Date Fund Expiration Date Type Active Projects Budget Paid Balance Outstanding Seaside 3/22/2017 3/22/2020 RSTP Fair Share Intersection Control Evaluation & Corridor Studies Project $ 221,900.96 $ 138,365.00 $ 83,535.96 Seaside 8/26/2020 8/26/2023 RSTP Competitive Broadway Avenue Corridor Improvements $ 600,000.00 $ 17,236.33 $ 582,763.67 Seaside 3/24/2021 3/23/2024 RSTP Fair Share ATP Grant Application Assistance - Broadway Avenue Complete Streets $ 9,435.00 $ - $ 9,435.00 Seaside 3/24/2021 3/23/2024 RSTP Fair Share Engineering and Traffic Survey $ 75,000.00 $ 74,953.75 $ 46.25 Seaside 3/24/2021 3/23/2024 RSTP Fair Share Pavement Rehabilitation Phase 4 - Design and Construction $ 70,286.24 $ 19,500.00 $ 50,786.24 Seaside 3/22/2023 3/21/2026 RSTP Fair Share Unprogrammed balance $ 201,345.18 $ - $ 201,345.18 $ 1,177,967.38 $ 250,055.08 $ 927,912.30
Agency Board Approval Date Fund Expiration Date Type Completed Projects Budget Paid Balance Outstanding Seaside 3/26/2014 Completed RSTP Competitive Broadway Ave. Improvements $ 500,000.00 $ 500,000.00 $ - Seaside 8/27/2014 Completed RSTP Fair Share Broadway Ave. Improvements $ 542,962.00 $ 542,962.00 $ - Seaside 8/27/2014 Completed RSTP Fair Share Final Design & Construction of Coe Avenue Bikeway $ 606.00 $ 606.00 $ - Seaside 8/27/2014 Completed TDA 2% West Broadway Urban Village Infrastructure Improvements Project $ 251,250.00 $ 251,250.00 $ - Seaside 8/27/2014 Completed RSTP Competitive West Broadway Urban Village Infrastructure Improvements Project $ 3,359,801.29 $ 3,359,801.29 $ - Seaside 9/28/2016 Completed RSTP Fair Share West Broadway Urban Village Infrastructure Improvements Project $ 1,588.00 $ 1,588.00 $ - Seaside 12/4/2019 Completed RSTP Safe Streets Pedestrian Intersection Improvements Project $ 200,000.00 $ 200,000.00 $ - Seaside 3/24/2021 Completed RSTP Fair Share Pavement Management Program Update $ 50,000.00 $ 50,000.00 $ - $ 4,856,207.29 $ 4,856,207.29 $ -
Last Revised: 3/22/2023 Approved by:

Todd Muck, Executive Director
https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Funding/01_Master Agreements & Exhibit A/Exhibit A/TAMC Master State - Fed Funding Agreement Exhibit A Packet Page 123
2023-0322 TAMC Master Funding Agreement
Exhibit A - Seaside
Final Audit Report 2023-04-11
Created: 2023-04-11
By: Janneke Strause ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAkrWVVaq3coU7X44toc5SC0tiYXArJohM "2023-0322 TAMC Master Funding Agreement Exhibit A - Seasi de" History
Document created by Janneke Strause ([email protected]) 2023-04-11 - 9:20:58 PM GMT
Document emailed to Todd Muck ([email protected]) for signature 2023-04-11 - 9:21:16 PM GMT
Email viewed by Todd Muck ([email protected])
2023-04-11 - 11:18:38 PM GMT
Document e-signed by Todd Muck ([email protected])
Signature Date: 2023-04-11 - 11:19:19 PM GMT - Time Source: server Agreement completed.
2023-04-11 - 11:19:19 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: May 18, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT NO. 3

TO THE PROFESSIONAL SERVICE AGREEMENT WITH WALLACE

GROUP FOR CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE DEL MONTE MANOR STORM DRAIN

IMPROVEMENT PROJECT FOR AN AMOUNT NOT TO EXCEED
$11,040.00, AND APPROPRIATING $11,040.00 FROM THE

GENERAL FUND TO THE PROJECT BUDGET

RECOMMENDATION
Adopt a resolution authorizing an Amendment No. 3 to the Professional Services Agreement with Wallace Group to perform construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project for an amount not to exceed $11,040.00, resulting in a total contract amount of $86,798.00, and appropriating $11,040.00 from the General Fund to the project budget.

BACKGROUND
The Del Monte Manor Storm Drain Improvements Project ("project") includes the regrading of the existing detention basin located on the parcel's southwestern corner, and the construction of stormwater infiltration chambers and storm drain infrastructure.

The project also includes the construction of fencing, an irrigation system, and flatwork improvements.

On May 3, 2022, Wallace Group (Wallace) entered into a Professional Services Agreement (PSA) with the City to perform construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project in the amount of $57,496.00. Amendment No. 1 to the PSA in the amount of $6,899.52 was approved by the City Manager on December 1, 2022. Amendment No. 2 to the PSA in the amount of Packet Page 125

Item No. 8.K. Page 2 of 2
$11,062.58 was approved by the City Council on December 1, 2022, for a total contract value of $75,458.00. An additional contingency of $2,000.00 to the contract was also approved on December 1, 2022. Due to delays in delivery of the electrical equipment and the need to coordinate an easement for the power connection, Wallace has identified the need for additional effort.

Construction began on the project on June 21, 2022, and was originally scheduled to be completed on September 12, 2022. Due to delays in delivery of the flow metering equipment and power supply logistics for the irrigation controller, the date of final completion is now anticipated to be July 2023.

The City does not have the personnel resources to support the construction management needs of the project at this time. At the request of the City, Wallace submitted a proposal to provide additional construction management and inspection services in the amount of $11,040.00. These services include coordinating the easement and permits for the electrical service and additional inspection days.

Staff recommends adopting a Resolution (Attachment 1) authorizing the City Manager to execute an Amendment No. 3 (Attachment 2) to the Professional Services Agreement with Wallace Group for an amount not to exceed $11,040.00 for construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project.

FISCAL IMPACT
The requested appropriation will be funded by the projected year end general fund surplus. If the appropriation is approved, the projected surplus will decline from $67,510 to $56,470.

ATTACHMENTS

1. Resolution

2. PSA Amendment
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 126
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING AN AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES

AGREEMENT WITH WALLACE GROUP TO PERFORM CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE DEL MONTE MANOR

STORM DRAIN IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $11,040.00 AND APPROPRIATING $11,040.00 FROM THE GENERAL FUND TO

THE PROJECT BUDGET
WHEREAS, the Del Monte Manor Storm Drain Improvements Project (Project) is adopted in the fiscal year 2022/2023 Capital Improvement Program (CIP) annual budget; and
WHEREAS, on May 3, 2022, the City approved a Professional Services Agreement with Wallace Group in the amount of $57,496.00 to perform construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project; and
WHEREAS, the project began construction on June 21, 2022, and the construction schedule has been extended due to unforeseen delays; and WHEREAS, in December 2022, the City approved Amendments to the Professional Services Agreement with Wallace Group in the amount of $17,962.00 to cover the additional duration of the construction; and
WHEREAS, the project continues to require infrequent inspections, and construction management support to coordinate the electrical service installation for the meters, and the city does not have the staffing resources to support this project; and WHEREAS, Wallace submitted a proposal for additional construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project through project closeout, in the amount of $11,040.00; and WHEREAS, Staff has determined the additional proposed scope of work and budget are reasonable; and
WHEREAS, the available contingency of $2,000.00 is not sufficient to fund this amendment; and
Packet Page 127
WHEREAS, the City has determined that the project budget (Account No. 271- 8910-9961) including additional contingency, construction management, and inspection services, is $854,014.52, requiring an additional $11,040.00 to complete the project; and
WHEREAS, there is sufficient General 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 No. 3 to the Professional Services Agreement with Wallace Group to perform additional construction management and inspection services for the Del Monte Manor Storm Drain Improvements Project for an amount not to exceed $11,040.00 and written amendments such that the total Agreement does not exceed $86,498.00; and BE IT FURTHER RESOLVED, that the City Council of the City of Seaside approves a fiscal year 2022/2023 budget appropriation in the amount of $11,040,000 from the General Fund to the project budget (271-8910-9961), to fund the additional construction management work; and
PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 18th day of May 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 128
Packet Page 129
Packet Page 130
Packet Page 131
Packet Page 132

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: May 18, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE ANNUAL REVIEW OF

THE DEVELOPMENT AGREEMENT WITH KB-BAKEWELL SEASIDE

VENTURE II, LLC FOR CAMPUS TOWN

RECOMMENDATION
Adopt a resolution finding that KB-Bakewell Seaside Venture II, LLC, is acting in good faith in compliance with the provisions of the Development Agreement

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

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

Packet Page 133

Item No. 8.L. Page 2 of 2

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

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

ENVIRONMENTAL CONSIDERATIONS
The Annual Review of the Development Agreement is a ministerial action consistent with the project that was reviewed and approved pursuant to the Campus Town EIR.

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution - Campus Town Annual Review
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 134
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE ANNUAL REVIEW OF THE DEVELOPMENT AGREEMENT WITH

KB-BAKEWELL SEASIDE VENTURE II, LLC FOR CAMPUS TOWN
WHEREAS, the City and KB-Bakewell Seaside Venture, LLC a California limited liability company (“Developer”) and the Successor Agency to the Redevelopment Agency of the City of Seaside entered into a Purchase and Sale Agreement on February 6, 2020, for the property described as “Surplus II” and “26 Acre Parcels” and is approximately 103.5 acres in size, collectively referred to as the “Property.”; and WHEREAS, on March 5, 2020, pursuant to the requirements of the Development Agreement Act and the City Development Agreement Regulations, the City Council of the City of Seaside conducted a hearing on the Developer’s application for this Agreement; and
WHEREAS, the City Council found and determined that the following actions are consistent with the General Plan: (1) the Campus Town Specific Plan, (2) General Plan Circulation Element Amendments, (3) Zoning Map and Text amendments creating “Campus Town Specific Plan” District, (4) the Development Agreement, (5) the Vesting Tentative Subdivision Map, and (6) Inclusionary (affordable) Housing Agreement for Campus Town Property; and
WHEREAS, Resolution No. 20-09 adopted by the City Council on March 5, 2020, the City Council reviewed and certified, after making appropriate findings, the Final Environmental Impact Report for the Campus Town Specific Plan Project (State Clearinghouse NO 20180210079) (the “Final EIR”).

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby find that the City conducted the annual review of the Development Agreement pursuant to California Government Code Section 65865.1 and Seaside Packet Page 135
Municipal Code Section 17.66.070, and determined the Applicant is acting in good faith compliance with the provisions of this Agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California on the 18th day of May 2023.

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 136

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.M.

COASTAL COMMISSION TO BE THE LEAD AGENCY FOR A

CONSOLIDATED COASTAL DEVELOPMENT PERMIT

APPLICATION FOR THE CALIFORNIA BROADBAND MIDDLE

MILE NETWORK PROJECT

RECOMMENDATION
Adopt a resolution authorizing the California Coastal Commission to be the lead agency for a consolidated Coastal Development permit application.

BACKGROUND
Coastal Commission staff have reached out on behalf of California Department of Transportation (Caltrans) to request the City’s support and authorization of a consolidated Coastal Development Permit (CDP) for the Broadband Middle Mile Network (BMMN) project. The BMMN project involves installation of 10,000 miles of broadband infrastructure throughout the entire state to make high-speed internet service broadly available throughout California, particularly in unserved and underserved areas. The project will be located within the Caltrans right-of-way, with approximately 5.5 miles located along Highway 1 within City limits. Section 30601.3 of the Coastal Act allows for a consolidated CDP process in cases where projects cross the Commission’s permitting jurisdiction and the jurisdiction of a local government with a certified Local Coastal Plan (LCP), as is the case here.

The project is supported through funding by Senate Bill 156, which provides a $7 billion investment to implement the project over the next few years. Funding parameters require the issuance of permits by the end of 2024 and the completion of construction by the end of 2026. A consolidated CDP will assist Caltrans in meeting their highly Packet Page 137

Item No. 8.M. Page 2 of 2
compressed project timeline while reducing the burden on local governments and ensuring a smoother, more consistent approach to reviewing this project for compliance with the Coastal Act. The City's certified LCP would also serve as guidance during such a consolidated CDP review, and Commission staff have informed the City that they are committed to ensuring that this project is consistent with both Coastal Act and the City’s certified LCP policies.

Staff recommends authorizing the City Manager or designee to execute a letter supporting the consolidated CDP and send it to the Coastal Commission. Staff will continue to follow Caltrans' application and will provide updates to the Council and the public as appropriate.

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

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 138
RESOLUTION NO. 23-XX

A RESOLUTION AUTHORIZING THE CALIFORNIA COASTAL

COMMISSION TO BE THE LEAD AGENCY FOR A CONSOLIDATED COASTAL

DEVELOPMENT PERMIT APPLICATION FOR THE CALIFORNIA
BROADBAND MIDDLE MILE NETWORK PROJECT.

WHEREAS, the Broadband Middle Mile Network (BMMN) project involves installation of 10,000 miles of broadband infrastructure throughout the entire state to make high-speed internet service broadly available throughout California, particularly in unserved and underserved areas; and
WHEREAS, the project is supported through funding by Senate Bill 156, which provides a $7 billion investment to implement the project over the next few years.

Funding parameters require the issuance of permits by the end of 2024 and the completion of construction by the end of 2026; and
WHEREAS, the project will be located with Caltrans right-of-way of which approximately 5.5 miles is located within City limits; and WHEREAS, the Caltrans District 5 and the California Coastal Commission have determined that the most expeditious means of permitting in the Coastal Zone of District 5 would be through a consolidated coastal development process; and WHEREAS, the California Coastal Commission is requesting authority from the City, and all other local coastal agencies within District 5, to support a consolidated permit process and to delegate review authority to the Commission; and WHEREAS, the California Coastal Commission has the experience and expertise necessary to review the proposed activities and has committed to ensuring the project is consistent with the City’s certified Local Coastal Program.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Seaside hereby authorizes the City Manager to submit a letter requesting and supporting a consolidated Coastal Development Permit for the California Middle Mile Network Project and further affirming that the California Coastal Commission assume lead agency status.

PASSED AND ADOPTED at a regular meeting of the Seaside City Council held on the 18th day of May, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

Packet Page 139
ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

ATTEST:
______________________________
Ian Oglesby, Mayor
_________________________
Dominique L. Davis, City Clerk
Packet Page 140

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.N.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: May 18, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE APPLICATION FOR

GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF

PARKS AND RECREATION FOR THE RECREATIONAL TRAILS
PROGRAM IN THE AMOUNT OF $1.6 MILLION DOLLARS WITH
A 12% MATCH OF CITY FUNDS TO IMPLEMENT PROJECT

UNDER THE RECREATIONAL TRAILS PROGRAM

RECOMMENDATION
Adopt a resolution to apply for grant funds from the Recreational Trails Program.

BACKGROUND
The Recreation Department is interested in submitting a grant application to the California Department of Parks and Recreation (Office of Grants and Local Services) under the "Recreation Trails Program." The application requires that the City Council adopt a resolution approving the filing of an 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 Recreational Trails Program (RTP) provides funds for the state to develop and maintain recreational trails and trail-related facilities for both non-motorized and motorized recreational trail uses. If the application is approved, the maximum amount of RTP funds allowed for the project is 88% of the total cost of the RTP project. The City of Seaside would be responsible for providing a match amount that is 12% of the awarded funds.

Packet Page 141

Item No. 8.N. Page 2 of 2
Preparation of the application is in process and will be required to be submitted online to the California Department of Parks and Recreation, Office of Grants and Local Services, by June 15, 2023.

The intent is to apply for this grant for the trail at Laguna Grande Park, which is consistent with the Laguna Grande Park improvement plan in conjunction with the Laguna Grande Joint Powers Authority.

FISCAL IMPACT
There is no fiscal impact on the submission of the grant application. However, if the City is awarded the grant, the City will be required to pay the grant match, which is 12% of the total project cost. The approximate match would be $216,000.00.

ATTACHMENTS

1. Resolution RTP application 5.18.23
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 142
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING

THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM.

WHEREAS, the Bipartisan Infrastructure Law of 2021 (BIL) provides funds to the State of California for Grants to federal, state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail Projects; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of Application(s) before submission of said Application(s) to the State; and
WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project(s);
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby:

1. Approves the filing of an Application for the Recreational Trails Program; and

2. Certifies that the Project is consistent with the Applicant’s general plan or the equivalent planning document; and

3. Certifies that said Applicant has or will have available prior to commencement of any work on the Project(s) included in this Application, sufficient funds to operate and maintain the Project(s); and

4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and

5. 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.

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Packet Page 143
ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
Packet Page 144

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: May 18, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING A GENERAL PLAN

AMENDMENT AND CONDUCT A FIRST READING OF AN

ORDINANCE AMENDING THE ZONING MAP FOR THE PROPERTY
LOCATED AT 1620 BROADWAY AVENUE (FIRST READING -
ROLL CALL VOTE) (CEQA CLASS 32 EXEMPTION)

RECOMMENDATION

1. Adopt a Resolution approving a General Plan Amendment; and

2. First Reading of an Ordinance approving a Zoning Map Amendment for 1620 Broadway Avenue.

BACKGROUND
1620 Broadway Avenue (Assessor's Parcel Number 012-631-003-000) is located at the southeast corner of Broadway Avenue and Yosemite Street. It is presently occupied by the Greater Victory Temple, a religious institution. The property is approximately 2 acres in size. It is bounded on the south and east by multi-family residential dwellings.

Directly across the street to the north is the City of Seaside's Fire Station No. 1 and the Dr. Martin Luther King Jr. School of the Arts, a public school, while directly across the street to the west is the Seaside Community Seventh-Day Adventist Church. Beyond these uses are primarily single-family dwellings. A Vicinity Map is provided as Attachment 3.

The General Plan designates 1620 Broadway for Medium-Density Single-Family Residential land use; similarly, the Zoning Map designates the property as being in the Single-Family Residential (RS-12) Zoning District. This contrasts with the remainder of the properties located on the same City block, which are designated for High-Density Residential development.

In July 2022 California Assembly Bill 2244 was signed into law. Among other things, AB Packet Page 145

Item No. 9.A. Page 2 of 3
2244 provides relief from parking requirements for religious institutions seeking to construct housing on their properties. However, under the present single-family zoning designation, any proposed dwelling unit on the property would need to have its own, separate subdivided lot. This is an impractical arrangement in the event that Victory Mission attempted to construct housing while maintaining its operation as a religious institution. Accordingly, staff is recommending that the City change the General Plan Designation and Zoning of the property to High-Density Residential. In addition to increasing the number of potentially allowed units from 23 to 50 (although any units actually built would likely be significantly less due to a large portion of the property being used as a religious institution), units built would not need to be subdivided into separate ownership lots, making the development of housing on the site feasible.

There are several reasons why this site is particularly suited to such a change:
- The Property is located at a major intersection, is well-served by mass transit, and is located less than a half-mile from the intersection of two significant bus routes; - The Property is located across the street from the Seaside Community Seventh-Day Adventist Church, which meets on Saturdays and cooperates with Victory Mission with regards providing parking at the various sites;
- The remainder of the block is already zoned for High-Density Residential (see Attachment 4) and the proposed designation would enable the Property to be developed consistent with the existing development; and
- The site is not located adjacent to any single-family dwellings.

Staff will continue to evaluate sites which may be appropriate for rezoning as they are identified.

On April 26, 2023, the Planning Commission reviewed the proposed General Plan Amendment and Zoning Map Amendment. No persons testified at the Planning Commission hearing, and the facts presented were substantially the same as those presented herein. The Planning Commission voted 4-0 to recommend that the City Council deny the proposed General Plan Amendment and Zoning Map Amendment as the Commission felt that the amount of public outreach conducted by staff prior to its consideration was inadequate. Staff notes that it met public notification requirements by publishing notice in a newspaper of general circulation at least 10 days prior to the Planning Commission hearing. In response to the Planning Commission's concerns, in addition to publishing the notice for this item as required in a newspaper of general circulation, staff has also mailed copies of the public hearing notice for this item to all property owners located within 300 feet of 1620 Broadway Avenue, although such notice is not required by law.

FISCAL IMPACT
No fiscal impact is associated with this project.

ATTACHMENTS
Packet Page 146

Item No. 9.A. Page 3 of 3

1. Attachment 1 Draft Resolution GPA

2. Attachment 2 Draft Ordinance Zoning Map

3. Attachment 3 Vicinity Map

4. Attachment 4 Land Use and Zoning Map
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 147
RESOLUTION NO. 23-XX PC

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING A GENERAL PLAN AMENDMENT CHANGING THE LAND USE DESIGNATION OF ASSESSOR’S PARCEL NUMBER 012-631-003-000 LOCATED AT 1620 BROADWAY AVENUE FROM MEDIUM-DENSITY SINGLE-FAMILY

RESIDENTIAL TO HIGH-DENSITY RESIDENTIAL
WHEREAS, Monterey County Assessor’s Parcel Number (APN) 012-631-003-000, also known as 1620 Broadway Avenue, is a parcel of land approximately 2 acres in size located at the southeast corner of Yosemite Street and Broadway Avenue (hereafter referred to as the “Property”); and
WHEREAS, the Property is presently identified in the Seaside General Plan as being within the Medium-Density Single-Family Residential (RMS) Land Use Designation, and is identified in the Zoning Ordinance Map as being within the Single-Family Residential (RS-12) Zoning District; and
WHEREAS, the RS-12 Zoning District allows only a single dwelling unit per parcel of land; and
WHEREAS, the Property is presently occupied by the Greater Victory Temple, a religious institution; and
WHEREAS, the State of California has passed several bills promoting housing construction, including AB 2244, which promotes the development of housing on property owned by religious institutions; and
WHEREAS, the Property is located on a block that is otherwise presently zoned for and occupied in its entirety by High-Density Residential uses; is located at the intersection of two major roads; is located directly across the street from the Seaside Fire Station and another religious institution; and is located within the Seaside Municipal Water District, making it an appropriate site to develop residential uses at a density greater than one unit per parcel; and
WHEREAS, the proposed General Plan Amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines; and
WHEREAS, on April 26, 2023, the Seaside Planning Commission reviewed the proposed General Plan Amendment and recommended that the City Council deny the proposed amendment.

Packet Page 148

NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

1. The City Council finds that: a) the facts set forth in the recitals in this Resolution are true and correct and incorporated by reference; b) the recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the action taken in this Resolution; c) the provisions in this Resolution are consistent with the General Plan, Seaside Municipal Code and applicable federal and state law; and d) this Resolution will not be detrimental to the public interest, health, safety, convenience, or welfare.

2. The City Council hereby approves a General Plan Amendment modifying Figure LU-2 (the Land Use Policy Map) such that the Property is changed from MediumDensity Single-Family Residential (RMS) to High Density Residential (RH).

3. The City Council hereby finds the proposed General Plan Amendment Categorically Exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines (In-Fill Development Projects).

PASSED AND ADOPTED at a meeting of the City Council of the City of Seaside, State of California, on the 18th day of May, 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
Packet Page 149
APPROVED AS TO FORM:

Sheri L. Damon,
City Attorney
Packet Page 150
1 ORDINANCE NO. _________

AN ORDINANCE OF THE CITY OF SEASIDE AMENDING THE ZONING MAP TO CHANGE THE ZONING DISTRICT OF ASSESSOR’S PARCEL NUMBER 012- 631-003-000 LOCATED AT 1620 BROADWAY AVENUE FROM SINGLEFAMILY RESIDENTIAL TO HIGH-DENSITY RESIDENTIAL WHEREAS, Monterey County Assessor’s Parcel Number (APN) 012-631-003- 000, also known as 1620 Broadway Avenue, is a parcel of land approximately 2 acres in size located at the southeast corner of Yosemite Street and Broadway Avenue (hereafter referred to as the “Property”); and
WHEREAS, the Property is presently identified in the Zoning Ordinance Map as being within the Single-Family Residential (RS-12) Zoning District; and WHEREAS, the RS-12 Zoning District allows only a single dwelling unit per parcel of land; and
WHEREAS, the Property is presently occupied by the Greater Victory Temple, a religious institution; and
WHEREAS, the State of California has passed several bills promoting housing construction, including AB 2244, which promotes the development of housing on property owned by religious institutions; and
WHEREAS, the Property is located on a block that is otherwise presently zoned for and occupied in its entirety by High-Density Residential uses; is located at the intersection of two major roads; is located directly across the street from the Seaside Fire Station and another religious institution; and is located within the Seaside Municipal Water District, making it an appropriate site to develop residential uses at a density greater than one unit per parcel; and WHEREAS, the proposed General Plan Amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (InFill Development Projects) of the CEQA Guidelines; and WHEREAS, on April 26, 2023, the Seaside Planning Commission reviewed the proposed Zoning Map Amendment and recommended that the City Council deny the proposed amendment; and
WHEREAS, on May 18, 2023, the City Council amended the General Plan to change the land use designation of the Property from Medium-Density Single-Family Residential to High-Density Residential.

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

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

Packet Page 151
2 SECTION 2. The Seaside Zoning Map is hereby amended to change the Zoning District of the Property from Single-Family Residential (RS-12) to High-Density Residential (RH).

SECTION 3. The City Council hereby finds the proposed Zoning Map Amendment Categorically Exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines (InFill Development Projects).

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

SECTION 5. This Ordinance shall become effective thirty days following adoption of its second reading.

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:

Packet Page 152
3 Sheri L. Damon,
City Attorney
Packet Page 153
Vicinity Map
1620 Broadway Avenue
Packet Page 154
Land Use/Zoning Map
Existing General Plan Designations (Zoning District)
High-Density Residential (RH)
Low-Density
Single-Family
(RS-8)
Medium-Density
Single-Family
(RS-12)
Public/Institutional
(PI)
Change from
RS-12 to RH
Packet Page 155

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Ashley Collick, Assistant City Manager
DATE: May 18, 2023
SUBJECT: REVIEW REQUEST FOR QUALIFICATIONS (RFQ) FOR CITY LOBBYIST.

RECOMMENDATION
Review and discuss Request for Qualifications (RFQ) for a City Lobbyist and provide feedback to staff on the next steps.

BACKGROUND
On April 20, 2023, the City Council requested that staff return with a draft RFQ to consider hiring a Lobbyist to represent the City of Seaside at the State and potentially the Federal level.

Draft Summary of the RFQ:

The 2023 /2024, City Council strategic priorities' is a wide array of projects, each of which are complex, dynamic, and at different stages in development. Some projects are very localized but have a direct correlation to State and Federal regulations thereby requiring relationships with key Congressional members while maintaining a pulse on federal agencies (e.g. USACE) and legislative processes. Other projects are more regionally significant, therefore, requiring strategic partnerships, cross-jurisdictional collaboration, and coordinated action with regional entities such as the Monterey County, and the various City Councils on the Monterey Peninsula and throughout Monterey County. Other projects are a melting pot of funding sources requiring administrative flexibility to ensure efficient project delivery.

Given the fluid nature of the political arena and the bureaucratic nuances of each government agency, close coordination with city staff, essential partners, and professional consultants is absolutely critical. It is imperative to develop a strong yet Packet Page 156

Item No. 10.A. Page 2 of 3
nimble set of strategies that promote progress on individual projects without losing sight of the bigger programmatic picture.

At this stage, the City of Seaside is seeking to establish a bench of on-call consultants that provide professional advocacy, lobbying and grant writing services that will augment staff capacity within the City’s Administration Division. Firms must be capable of maneuvering and influencing the regional, state, and federal political landscapes to implement the city’s Legislative Platform and strategic priorities. Grant writing services are also needed to help track, identify, and write grant proposals for the most appropriate funding opportunities.

Although not necessary, it is recommended to consider establishing a partnership to submit a combined proposal between an advocacy/lobbying firm and a grant-writing firm. Submittals that emphasize specific strengths in either advocacy/lobbying or grant writing is acceptable and highly encouraged. Firms are not required to have a presence or expertise at all levels of government.

Firms with deep relationships, knowledge, track record, and demonstrated expertise in one level of government is desirable. However, firms will be expected to work collaboratively, communicate often, and coordinate with all firms selected to serve on the on-call bench. The city will evaluate all proposals with the goal of establishing a well-rounded bench that offers a good mix of services to satisfy our needs at the regional, state, and federal levels.

Staff is asking for Council feedback in the following areas:
• What is the primary purpose of the lobbyist?
• What will be the length of the contract?
• What areas will the lobbyist focus his or her efforts?

FISCAL IMPACT
None.

The request for quotations will determine the rates for a lobbyist. Staff will return with recommendations based upon the RFQ proposals that are submitted.

ATTACHMENTS

1. Draft - Lobbyist RFQ
Reviewed for Submission to the City Council by:

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Item No. 10.A. Page 3 of 3
_________________________________________
Jaime M. Fontes, City Manager
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OFFICE OF THE CITY MANAGER
440 Harcourt Avenue Telephone 831-899-6701
Seaside, CA 93955 Fax 831-624-5839
www.ci.seaside.ca.us
Include, Innovate, Inspire
Request for Quotations (RFQ)
Federal, State & Regional Advocacy and Grant Support
On Call Bench
Bid Due Date: TBD, by TBD p.m. PST
(Proposals must be received by date and time specified to be considered) Packet Page 159

INTRODUCTION
Seaside is a city in Monterey County, California, United States, with a population of 32,121according to 2021 California Department of Finance data. The City of Seaside is a general-law City incorporated on October 13, 1954.Seaside is located on Monterey Bay at an elevation of 33 feet. The elevation in Seaside increases to the east, affording views of the Monterey Bay from multiple areas within the City. Seaside is known for its views of the bay from streets, private property and the golf courses.

The climate is a cool Mediterranean type, strongly influenced by the prevailing winds from the west/northwest, which blow over the Pacific Coast's cool ocean currents. At the nearest National Weather Service Climate Station, the coldest month is January, with an average daily high of

59.9 °F; the warmest month is September, with an average daily high of 72 °F.

Seaside is the home of California State University, Monterey Bay (CSUMB) and the Monterey College of Law, which are located on the site of the former Fort Ord military base. It is also home to the Bayonet and Black Horse golf courses also once part of the Fort Ord military base, now open to the public, and host to PGA Tour events, including the 45th PGA Professional National Championship in 2012, the 26th Senior PGA Professional National Championship in 2015 and the 51st PGA Professional National Championship in 2018.

The City works with the Monterey County Convention & Visitors Bureau and the Seaside-Sand City Chamber of Commerce and other agencies to encourage the expansion of businesses that generate local revenues and employment opportunities. The City also works with these organizations to develop and market Seaside as a tourist destination.

In November of 2022, the City Council adopted their 2023 strategic priorities, which are:
• Effective, Accessible Governance
• Vibrant Local Economy
• Diverse & Inclusive Community
• Enhanced Physical Infrastructure & Abundant Water Supply • Community Safety & Quality of Life
The strategic simplifies the complexity of balancing numerous projects. The 2023 /2024, City Council strategic priorities are a concise statement of the overarching priorities that are relevant to the City’s vision and mission. This plan also supports staff’s goals to include, innovate and inspire.

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SUMMARY OF REQUEST
The 2023 /2024, City Council strategic priorities is a wide array of projects, each of which are complex, dynamic, and at different stages in development. Some projects are very localized but have a direct correlation to State and Federal regulations thereby requiring relationships with key Congressional members while maintaining a pulse on federal agencies (e.g. USACE) and legislative processes. Other projects are more regionally significant therefore requiring strategic partnerships, cross-jurisdictional collaboration, and coordinated action with regional entities such as the Monterey County, and the various City Councils on the Monterey Peninsula and throughout Monterey County. Other projects are a melting pot of funding sources requiring administrative flexibility to ensure efficient project delivery.

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GOALS AND OBJECTIVES
The City of Seaside aims to maintain a proactive presence among government administrators, legislative offices, agencies and respective departments, jurisdictional authorities, influential stakeholders, and key partners at the regional, state and federal levels to achieve the following goals and objectives:

A. Develop and communicate a cohesive narrative, united message, and corresponding digital media and print collateral that resonates with target audiences.

B. Leverage the existing network of allies to build and nurture relationships with targeted decision-makers.

C. Identify, track, and maintain a matrix of relevant legislative bills, regulations, rules, policies, and funding opportunities.

D. Formulate specialized action plans inclusive of strategies and tactics to introduce, build support, and to secure legislative language, obtain direct and indirect funding, get regulatory relief and flexibility.

E. Regularly review, inform, and amend the city’s Legislative Platform and the PR 2035 program to ensure optimal alignment with shifting priorities at government levels.

SCHEDULE OF EVENTS
Activity Date
Request for Quotations is publish TBD
Questions Due* TBD
Response to Questions Published TBD
RFP’s Due TBD
Review of RFP’s TBD
Interviews Conducted
(if necessary)
TBD
Approval of Contract TBD
Start Date TBD
*Submit all questions prior to the deadline identified above to ___________, (Title) at ([email protected]). All dates are subject to change without notice.

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SCOPE OF WORK
This scope of work is subject to change and provided as a basis for understanding the nature of work being requested.

A. Task 01 – General Administration & Project Management Task 1.1 – Contract Kickoff and Management
The Contract term period will begin with a formal kick-off meeting with city staff to discuss policy priorities, provide a full briefing on the Legislative Platform and the PR 2035 program, develop communication protocols, coordinate strategy, and clarify roles and responsibilities.

Firms will be required to submit a draft action plan for approval that outlines general strategies, tactics, and anticipated actions prior to engaging on behalf of the city.

Task 1.2 – Coordination and Communication
With guidance from city staff, the firms will coordinate all advocacy activities. The Firm will also lead and advise on the preparation of materials, tracking sheets, conference calls, oral reports, written reports and additional assignments as agreed upon. The firms will maintain current awareness of City Council actions, programs, activities and policies. Firms will be expected to work collaboratively, communicate often, and coordinate with all city officials, staff, city consultants, partners, and other key stakeholders.

Task 1.3 – Legislative Platform & PR 2035 Updates
The firms will provide regular input and feedback to update the city’s annual Legislative Platform and PR 2035 Program to ensure consistency and alignment with shifting regional, state, and federal priorities.

Task 01 – Deliverables
• Final Contract/Agreement between the city and firms
• Meeting agendas, notes & action items
• Bi-weekly check-in meetings, or as needed by staff
• Virtual oral reports as requested by staff (in-person meetings may be required occasionally) • Monthly activity and progress reports, including, but not limited to: Look ahead of relevant and significant deadlines, funding opportunities, hearings, testimonies, and events. • Monthly invoices based on the resource allocation matrix Task 02 – Advocacy & Lobbying
Firms shall be prepared to address a series of issues and priorities as indicated by the City Council and City Manager which will be organized around the goals and objectives outlined in the City’s Legislative Platform, PR 2035 and this RFP.

Task 2.1 – Legislation, Regulation & Policy
The firms will be expected to actively monitor the regional, state and federal legislative, administrative and regulatory landscape while advancing City priorities as follows:
• Notify city Staff of anticipated, newly introduced, or amended state and federal legislation, regulations and administrative policy actions that may impact the city and provide legislative analysis on how such action(s) may affect the interest of the city.

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• Facilitate the inclusion of the city’s regional, state and federal legislative priorities into federal authorization and appropriations bills as appropriate and protect the city from adverse legislation Work with the city to develop positions and tactics which implement the city’s strategic objectives regarding developing legislation and funding opportunities. • Provide information and advice regarding upcoming legislative hearings which may impact policies and programs of the city.
• Attend, participate and/or speak in hearings and other public sessions of interest to the city. • Assist in the preparation of testimony before legislative committees in both Chambers at the state and federal level and represent the city before such committees. • Assist in drafting legislative language and other written materials deemed of interest to the city to ensure that the goals and objectives of the city are fulfilled. • Assist in drafting responses to Federal Register notices and other state and federal public comment announcements.
• Assist in the preparation of appropriate written materials supporting the city’s legislative goals, including letters, talking points, bill summaries and position papers.

Task 2.2 – Liaison & Advocacy Activities
The Firm will be expected to maintain frequent contact with City of Seaside elected delegation members and their staff to represent and advocate for city policies. The Firm will assist in advancing advocacy activities and priorities as follows:
• Recommend appropriate activities for City Council and state and federal Administration staff at various stages of the legislative process.
• Provide general and strategic political and technical advice to the City Council and staff on legislative and funding proposals.
• Represent Seaside and advocate on behalf of the priorities established by the City Council with members of the State and Federal Legislature, the Biden Administration, key Committees, regulatory agencies, and relevant associations.
• Assist the city in building relationships with the California Congressional delegation (House and Senate), state legislature, state and federal legislative leaders, appropriators, staff members of key legislative committees, state and federal agencies, and the US Army Corps of Engineers and US Armed forces.
• Build the city’s presence with state and federal agencies and the Biden Administration.

Task 2.3 – Meetings & Coalition Activities
The Firm will be required to arrange meetings between key regional, State, and/or federal legislative members and committee members, Biden Administration, CA Governor’s Office, LA County Board of Supervisors officials and regulatory staff as appropriate in Washington, D.C and Sacramento or in district offices and provide logistical support for Washington, D.C. and Sacramento visits.

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SUBMITTAL REQUIREMENTS
A. Cover Letter & General Information
The letter shall include the name and address of the firm and state whether the firm is an individual, partnership, corporation, joint venture, special-purpose entity, or other entity. The letter should also provide the name and contact information of the person(s) authorized to officially represent the firm. The person authorized to represent the firm must sign the letter.

B. Table of Contents
The table of contents shall outline all the components of the proposal, including sequential page numbers and section numbers prescribed below in this section.

C. Statement of Understanding
Clearly and concisely articulate your understanding of the work to be performed and the overall approach including methodology, resources, capability and commitment to manage task orders and complete all required work. Summarize your understanding of the city’s needs, projects and programs and how they align with federal, state, and regional priorities. How can it strengthen its position at each level of government? Describe the city’s regional, state, and federal elected delegation and your relationship with each. How are their respective committee assignments relevant to the city’s needs? Describe a few of the most appropriate funding opportunities available today that the city should be aware of and/or act upon. Provide your general approach for developing a flexible legislative framework inclusive of specific strategies and/or tactics to advance Seaside initiatives. with federal, state, and regional priorities. How can it strengthen its position at each level of government? Describe the city’s regional, state, and federal elected delegation and your relationship with each. How are their respective committee assignments relevant to the city’s needs? Describe a few of the most appropriate funding opportunities available today that the city should be aware of and/or act upon. Provide your general approach for developing a flexible legislative framework inclusive of specific strategies and/or tactics to advance Seaside initiatives.

D. Firm Background & Project Team
Provide the firm’s history, background, and areas of expertise. Provide an organizational chart that identifies all key members of the project team, including the legal principal in the proposed project. Clearly identify all proposed sub consultant(s), including the work each firm is anticipated to conduct. Provide in-depth resumes describing relevant skills, qualifications, project experience, education and certifications, and accomplishments for each key project member and sub-consultant(s). If applicable, provide any small business enterprise certifications such as disadvantaged, minority-owned, women-owned, or veteran owned businesses certificates. If applicable, describe the firm’s and/or Principal(s) history of providing services directly or indirectly to the City of Seaside, city officials, and/or executive staff.

E. Range of Services & Recent Successes
Describe the range of services provided and which services may be best suited for Seaside.

Describe the firm’s relationship with the current regional, state and federal administration, elected representatives and their respective staff, agencies and departmental executives, and other key influential entities, such as the U.S. Army Corps of Engineers. Describe the Firm’s ability and capacity to draft grant proposals. Highlight at least 3major successes within the last 3 Packet Page 165
years and describe the nature of work, your direct and indirect role, and the measurable outcomes of these successes.

F. References & Past Performance
Provide at least five public agency references within the last five years, including the following information:
i. Name of government entity
ii. Name, title, and contact information of the contract manager or primary point of contact
iii. Any client reports, evaluations, or documentation that summarizes the firm’s performance
iv. If applicable, describe any situations where the firm and/or Principal(s) were terminated by a client in the last five years
G. Fees for Service / Resources Allocation Matrix
Submit a Not-to-Exceed fee schedule that includes the rates and billing increments for each respective job title and consultant staff members assigned to the project. The fee schedule must be submitted as a separate file. Identify and describe any other fees or costs that could apply (e.g. cost adjustments, equipment, travel, etc.) for the type of work and services requested.

Include a fee schedule for reimbursement items on an as-needed basis and cost estimates for each task. The City's policy on consultant and consultant expenses is as follows:
a. Hotel, Meals and Airfare - The City will not reimburse for lodging, meals, mileage or transportation for the consultant or its agents.
b. Entertainment/Personal Services - Under no circumstances are expenses related to entertainment (i.e., theater tickets, sporting events, etc.) or personal services (i.e., dry cleaning, haircuts, etc.) reimbursable.
c. Printing and Photocopies – All printing and photocopying costs shall be included in the not to exceed fees.
d. Incidental Expenses – There will be no reimbursements for deliveries/transmittals, telephone expenses or equipment rental/purchases.
e. Proposal Preparation Costs - The City will not reimburse the consultant for any costs associated with the preparation of a proposal.
f. Other Expenses - Proposals may include a list of itemized unit costs of billable expenses typically incurred in the performance of the contract. Items that have not been specified, shall be approved by the City prior to providing and billing the expense.

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TASK ORDER FEE PROPOSAL SUBMITTAL REQUIREMENTS
If an Agreement is successfully negotiated, your firm will be asked to provide professional services on an on-call basis. Typically, the Contract Administrator will send the consultants a task order for specific duties and responsibilities and depend on available funding appropriated in the city budget. Being selected for the final on-call bench is not a guarantee that a task order will be awarded or issued to your firm.

A more detailed Not-to-Exceed fee proposal shall be submitted upon responding to an individual task order. The fee proposal must include conservatively estimated reimbursable expenses to complete each major task as described in the task order Scope of Work. The cost proposal must be consistent with the Resource Allocation Matrix to provide a breakdown of approximate personnel-hours by classification (job title and hourly rate) in order to accomplish each task and subtask described in the Scope of Work. The successful selected Consultant’s monthly invoices must reflect similar information in order to be processed.

SUBMITTAL INSTRUCTIONS
All proposals must be submitted as a single, searchable PDF document (optimized and compressed) no later than Thursday, July 14 at 12:00 p.m. Pacific Standard Time. The naming convention for the file is [Company Name – Seaside Lobbying, Advocacy & Grant Services]. A confirmation notification will be provided within 24 hours of submission. The fee schedule must be submitted as a separate file.

Proposals may be submitted via email to (insert name) ([email protected]).

Proposals in a physical print format will not be accepted.

Submittals in pdf format must be fully ADA compliant. Large files may be sent using a cloud base system such as Dropbox.

Failure to comply with these instructions may render the proposal non-responsive.

CONTRACT PERIOD
Upon final selection, all services will be provided through a Professional Services Agreement (PSA) for a period of two (2) years from Fiscal Year (insert year) through Fiscal Year (insert year), with two (2) optional one-year extensions (FY (insert year) & FY (insert year).

Compensation will be calculated as Time and Materials with a Not-to-Exceed amount, as specified in the Agreement and Fee Schedule. The fee schedule will be in effect for the duration of the Agreement. Specific project work may be transferred to another consultant if the work is not satisfactorily concluded by the end of the Agreement.

EVALUATION PROCESS
Proposals may be evaluated and ranked by a review panel consisting of city staff. Strong consideration will be given to the proposal based on experience within the areas of expertise and the ability to respond quickly to a request from the city.

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Following a review of the proposals, the city may conduct interviews. However, the city reserves the right, at its sole and absolute discretion, to select based solely upon the submitted proposal.

The proposals will be rated according to the following selection criteria (in no particular order):

1. Overall and Quality of Experience (30%)
• Depth of project understanding and the stated goals and objectives • Capabilities directly related to the responsibilities, knowledge, and duties outlined in the RFP • Level of experience with municipal governments
• Ability to integrate innovation, technology and unique techniques, strategies and approaches • Ability to balance modern and traditional communication methods

2. Team and Sub-Consultant Qualifications (20%)
• Expertise in the fields necessary to execute the work and services requested • Recent and relevant experience of team members
• Professional qualifications and education of collective team members

3. Quality of Past Performance (20%)
• Demonstrated success in achieving similar project goals and objectives • Strong references from prior municipal government clients • Strong references for individual members of the team

4. Ability to Meet Project Requirements (30%)
• Capability of coordinating with City staff, residents, stakeholders and other consultant teams • Level of availability based on current and future workloads • Flexible to changing environments and conditions
• Accessible resources, equipment, and staffing to satisfy all work Upon completion of all proposals, a short list will be established and the city may proceed with interviews and/or enter into negotiation with the top ranked firms for the desired consulting services. Compensation for the subject services will be negotiated based on what is fair and reasonable to the city. Should city staff and the top-ranked Firm be unable to reach an agreement, negotiations with that Firm will be terminated and negotiations will commence with the next ranked firms in order of their evaluation ranking until an agreement is reached and a Firm is selected.

AWARD CONTRACT
Following the evaluation process, staff will recommend a contract award to the most qualified firms providing the best value to the city. The term of the contract will begin upon transmitting a formal Notice to Proceed, which will be issued after the Professional Services Agreement is fully executed, and all required supplemental documents, insurance documents, etc. have been received and approved.

PAYMENT TO CONSULTANT
A. Once the contract is executed, the city will pay the Consultant for work complete consistent with the Resource Allocation Matrix. Cost Schedule is as described in the Fee Proposal.

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B. Progress payments shall be based on tasks performed as identified in the Cost Schedule.

Monthly invoices will specifically identify job title, person-hours, hourly rate and costs incurred by each task.

C. Sub-categorization of task is permitted to better define the task for payment.

D. All tasks including labor and reimbursable costs shall have supporting documentation presented at the time payment is requested.

E. The City will pay the Consultant for all acceptable services rendered in accordance with the “Professional Services Agreement.” The city will only accept invoices from the consultant for work that has been reviewed and approved by city’s staff.

STANDARD TERMS AND CONDITIONS
In addition to the previous requirements, the Proposer shall, at minimum, perform or make provisions for the following general requirements:

A. ADDENDA. Should it be necessary for the City to issue addenda to this RFP during the proposal period, the City will endeavor to notify the known holders of this RFP. The addenda will be posted on http://www.pico-rivera.org/rfps/ for any interested parties to review. Proposal should include a notation that the Proposer is aware of all of the addenda, which have been issued and has incorporated their provisions in their proposal. Proposers are responsible for ensuring that they have obtained all addenda.

B. ADDITIONAL INFORMATION. The City reserves the right to request additional information or clarifications from Proposers where it may serve the City’s best interest.

C. ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm, the Scope of Work may be modified and refined during negotiations with the City.

D. AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation prepares the proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation.

Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

E. AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected Proposer, if any. Award may be made to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria.

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F. COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.

G. CANCELLATION OF SOLICITATION. The City may cancel this solicitation at any time.

H. CONFLICT OF INTEREST. By signing the Certificate of Proposal (Appendix D), the Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposals, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. COSTS. The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the proposals, or any other such expenses incurred by the Proposer in responding to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.

I. DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe, that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion. Proposers shall submit as part of their Proposal documents the completed NonCollusion Affidavit (Appendix B).

J. DOCUMENTS, EXAMINATION OF. It is the responsibility of the Proposer to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addenda (if any). Proposer shall satisfy him/herself as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by these documents. The failure or neglect of the Proposer to examine documents shall in no way relieve him/herself from any obligations with respect to the solicitation and/or subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a Proposer to receive or examine any of the documents shall in no way relieve him from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.

K. INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or other RFP documents, or finds discrepancies or omissions in the specifications, he may submit to the City a written request for an interpretation or correction.

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Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. The contact person for all questions regarding this RFP (Name), (Title). He can be reached via e-mail at email @pico-rivera.org. Proposers may no contact any other staff members with questions.

The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each Proposer to ensure the City has their correct business name, mailing address and e-mail address on file. Any prospective Proposer who obtained a set of RFP documents is responsible for advising the City that they have a set of RFP documents and wish to receive subsequent Addenda.

L. IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager.

M. NON-DISCRIMINATION. Proposer represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related conditions, political affiliation or opinion, age or medical condition.

N. NON-EXCLUSIVE. Should the City make an award, the successful Proposer will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms.

O. OFFERS OF MORE THAN ONE PRICE. Proposers are NOT allowed to submit more than one proposal.

P. OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission.

Q. NO OBLIGATION. The release of this RFP does not obligate or compel the City to enter into a contract or agreement.

R. PROPOSAL, REJECTION OF. The City reserves the right to reject any or all proposals or any part of a proposal. The City reserves the right to reject the proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due to the City.

S. PROPRIETARY INFORMATION. All bid proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All information contained within the proposals will become a matter of public record. It is the responsibility of each bidder Packet Page 171
to clearly identify any and all information contained within their bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. In the event that a demand for disclosure of information designated as "confidential and/or proprietary" by a bidder is made, the City will notify the bidder in writing of such demand and shall furnish a copy of the City's written response to the requestor. Bidder may then pursue, at its sole cost and expense, any and all appropriate legal action necessary to maintain the confidentiality of such information.

T. NO PUBLIC BID PROPOSAL OPENING/PUBLIC RECORDS ACT. Bid proposals shall be opened and their contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing Proposers. Adequate precautions shall be taken to treat each Proposer fairly and to ensure that information gleaned from competing proposals is not disclosed to other Proposers. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority.

U. REPRESENTATIONS. Proposer understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in the evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.

V. RFP PART OF AGREEMENT. Should an agreement be awarded, this Request for Proposal and Scope of Services and all conditions may become part of the agreement between the City of Seaside and the successful Proposer.

W. SEVERABILITY. If any provisions or portion of any provision, of this Request for Quotations are held invalid, illegal or unenforceable, they shall be severed from the Request for Quotations and the remaining provisions shall be valid and enforceable.

X. SUB-CONSULTANT INFORMATION. If the proposal includes the use of sub-consultants, Proposer must identify specific sub-consultants and the specific requirements of this RFP for which each proposed sub-consultant would perform services. If a subcontract for work services to be performed exceeds $25,000 the subcontract must contain all required provisions of the prime contract.

Y. SUB-CONSULTANT REFERENCES. For all sub-consultants that will be used for providing services as part of the RFP, Proposers must provide a minimum of two references from similar projects performed for any local government clients within the last three years. Information provided shall include:
a. Client name
b. Project description
c. Dates (starting and ending)
d. Technical expertise
e. Staff assigned to reference engagement that will be designated for work per this RFP f. Client project manager's name and telephone number
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Z. VALIDITY. Proposal must be valid for a period of 90 days from the due date.

AA. WITHDRAWAL OF PROPOSAL. Proposers’ authorized representative may withdraw Proposals only by written request received by City staff before the Proposal Submittal Deadline.

INSURANCE REQUIREMENTS
See the attached Professional Services Agreement

ATTACHMENTS
A. Appendix A: Sample Professional Services Agreement
B. Appendix B: Non-Collusion Affidavit
C. Appendix C: Consultant’s Acknowledgement of Insurance Compliance D. Appendix D: Certification of Proposal
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: May 18, 2023
SUBJECT: CONSIDER CO-SPONSORSHIP AND WAIVE ALL FEES RELATED TO PAUSE THE CALLS "KNOW YOUR RIGHTS" TRAINING AT
SOPER FIELD COMMUNITY CENTER ON MAY 20, 2023

RECOMMENDATION
Consider approving the request from Pause The Calls to co-sponsor their "Know Your Rights" training at Soper Field Community Center on May 20, 2023 from 12:00 p.m. to 4:00 p.m. Approval of this item will result in a waiver of all fees in the approximate amount of $613.00.

BACKGROUND
Pause The Calls is not a non-profit organization. They are requesting co-sponsorship to waive all fees related to their "Know Your Rights" training at Soper Field Community Center on May 20, 2023 from 12:00 p.m. - 4:00 p.m. They are collaborating with the NAACP of Monterey County Black Caucus. Pause The Calls is a public safety initiative that aims to reduce the amount of calls made to armed law enforcement for non-violent situations, especially those that involve Black people and people of color. Pause the Calls is striving to move the community forward in a better way by, favoring a conception of keeping people safe as a society that is holistic and fair-minded but seeks to stop harm from being done by educating community members.

Pause the Calls aims is to present tools to serve the community. Their goal is to equip community members with tools through their "Know Your Rights" training that will help them navigate through the challenges they may face, while helping keep them safe, work on deescalation, and reduce harm and crime. It's also a part of their proposal to save the City and taxpayers money by trying to reduce the calls to the police. With these tools, they want to work towards creating space in the City budget for trained and unarmed professionals who provide equitable service to the community. This is the Packet Page 174

Item No. 10.B. Page 2 of 2
first request from Pause the Calls for co-sponsorship of this training.

One of the main requirements for the Fee Waiver policy if that organization must be a 501(c)3 non-profit or public benefit organization and provide taxpayer identification.

However, organizations can request the City to co-sponsor the event as an alternative way to receive a fee waiver. Pause the Calls does not meet the requirements for the Fee Waiver policy so they are requesting the City to co-sponsor their event so the fee could be waived.

If the Council decides to approve the co-sponsorship, it is recommended that the organization pay the non-refundable deposit of $52.00.

FISCAL IMPACT
Should the City Council approve the request for co-sponsorship of the Pause to Calls event "Know your Rights" to waive all fees and costs except for the non-refundable deposit, the approximate fiscal impact is as follows:

Seaside Community Center Fee 8 Hours @ $59.25 $474.00
Insurance $ 87.00
Deposit Non Refundable Portion $ 52.00
TOTAL - Full Fee Waiver $613.00
TOTAL - Minus the Non-Refundable Deposit $561.00

ATTACHMENTS

1. Pause The Calls Fee Wavier Request 2023

2. Pause The Calls - Know Your Rights - Flier 2023

3. Pause the Calls event info
Reviewed for Submission to the City Council by:
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Jaime M. Fontes, City Manager
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Seaside City CouncilMay 18, 2023

Seaside City Council
May 18, 2023