Agenda packet — Seaside City Council, September 7, 2023 (part 2 of 2)

ADDENDUM No.1
For the Request for Proposal for
2023 WATER RATE AND CAPACITY FEE STUDIES

SEASIDE MUNICIPAL WATER SYSTEM
July 11, 2023
Addendum No. 1 is being issued for clarifications to the Request for Proposal for the 2023 Water Rate and Capacity Fee Studies, Seaside Municipal Water System.

The clarifications declared in this addendum are an essential element to the Request for Proposal. The Request for Proposal documents to be executed will contain a copy of this addendum. This Addendum shall supersede the original Request for Proposal, and previous Addenda wherein it contradicts the same and shall take precedence over anything to the contrary therein. All other conditions remain unchanged.

CLARIFICATIONS
RESPONSE TO QUESTIONS:

1. When is the City targeting rates to be adopted, January 1, 2024 or July 1, 2024? / When would the City like to implement the water rates?
A: We would like to have the new rates effective for Fiscal Year 2024/2025.

2. What is the City’s desired date of implementation for revised water capacity fees? A: July 1, 2024 for Fiscal Year 2024/2025.

3. Section V of the RFP states “…page limitation of fifteen (15) pages (front-side only)…”. Please confirm this whether this means 15 sheets of paper with printing on both sides of 15 sheets of paper with printing on one side only.

A: Print single-sided (one side only).

4. Please confirm the only font requirement is the 12-point size and that the proposer can choose the font type.

A: Correct, the only font requirement is that it be 12-point size.

5. Will font in graphics, charts, and captions also be required to be 12-point size? / Regarding formatting the proposal with a 12 pt font, is the City agreeable to graphs, figures, tables, and resumes being excluded from this requirement? A: No, only the body text of the proposal needs to be 12 point font.

DocuSign Envelope ID: 0CBBF6B5-9A1C-40C8-8D8B-8A013286E33C Packet Page 194
Addendum #1
2023 Water Rate and Capacity Fee Studies, Seaside Municipal Water System

Page 2 of 4 ends

6. Will a Cover Page count toward the page limit?
A: No, the cover page will not count towards the page limit.

7. Would the City be open to increasing the page limit to 20 pages? A: No, the page limit will remain at fifteen (15) pages.

8. Does the City have an estimated budget range for this study that can be shared with proposers?
A: No, we do not have a fixed budget for the study.

9. RFP page 7 specifies to include two references in the Project Team section.

Additional project summaries are requested in the Relevant Project Experience section. Can these projects overlap or are separate projects preferred? A: Yes, the projects can overlap.

10.RFP page 7 requests “project manager’s and firm/team support and approach to managing project to ensure effort is completed on schedule and within established budget” in both the Project Understanding & Approach section as well as the Project Schedule section. Can this instead be included in just one of these sections? If so, which one?
A: Yes, include in the approach section.

11.The City has requested that the consultant attend two (2) public meetings to present the draft and final reports to the public and the City Council. Will these meetings be in-person or remote? Does the City anticipate additional public meetings, such as rate workshops, etc.? If so, how many? A: City Council meetings are held in-person with a virtual option for the public and consultants.

12.Can some of the progress meetings with City staff be done remotely through videoconference or does the City prefer all in-person meetings? A: Remote videoconference meetings with City staff is acceptable and preferred.

DocuSign Envelope ID: 0CBBF6B5-9A1C-40C8-8D8B-8A013286E33C Packet Page 195
Addendum #1
2023 Water Rate and Capacity Fee Studies, Seaside Municipal Water System

Page 3 of 4 ends

13.In addition to preparing the Prop 218 Notices, does the City also want the consultant to print and mail the notices for an extra fee? A: You may include that as an optional task.

14.In our review of the previous rate study, we noted the City moved from 6 tiers to 2 tiers for the volumetric rates. Does the City want to maintain this 2-tier structure?
A: Two is preferred, but we would be willing to look at more.

15.Is the City experiencing any issues related to the performance of the current water-rate fixed-charge structure or tiered structure (other than potential overall rate increase needs) that should be specifically addressed in the current study A: No, it just needs to be updated to cover current costs.

16.Will a current water budget analysis to determine water use allotment be made available to the consultant?
A: Usage and billing records will be made available.

17.Per the RFP, the City’s golf course switched from potable to recycled water.

Does the City want the consultant to develop tiered rates for recycled water irrigation? What is the City currently charging this customer? A: No, the recycled water is purchased retail from another supplier. This study is only for Seaside Municipal Water System.

18.Please confirm the project includes updating the water fees included in Attachment I, noted as Fee Schedule Page 24. Is this study expected to be an update of previous studies (using an existing rate model), or does the City anticipate a new study that includes the development of a new rate model? A: The City would like a new study that includes the development of a new rate model.

19.Does the City want the rate and capacity charge studies to be done concurrently?
A: Yes.

DocuSign Envelope ID: 0CBBF6B5-9A1C-40C8-8D8B-8A013286E33C Packet Page 196
Addendum #1
2023 Water Rate and Capacity Fee Studies, Seaside Municipal Water System

Page 4 of 4 ends

20.Conservation is a main concern for many water agencies. Does the City want the consultant to develop drought rates as an additional tool at the City’s disposal? A: No.

21.It looks like the City only implemented the first three steps of the five-step rate increase adopted in 2019. Why didn’t the City adopt the final two steps? A: The rates from the previous study plateau in Fiscal Year 2021/2022.

If there are any questions regarding this addendum, please contact Kirstin van Gend at [email protected]
Sincerely,
___________________________
Nisha Patel
City Engineer/Public Works Director
DocuSign Envelope ID: 0CBBF6B5-9A1C-40C8-8D8B-8A013286E33C Packet Page 197

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
Kee Hyon Higgins, Recreation Supervisor
DATE: September 7, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF SEASIDE AND HAMILTON, ELLIS, AND MARTIN

PLAZA TO REIMBURSE THE CITY FOR PROVIDING AFTER

SCHOOL RECREATIONAL PROGRAMMING AT THE HEM PLAZA

RECOMMENDATION
Adopt the resolution and authorize the City Manager to execute the Memorandum of Understanding to memorialize the agreement between the City of Seaside and the Hamilton, Ellis, and Martin Plaza.

BACKGROUND
The Hamilton, Ellis, and Martin (HEM) Plaza, formally "Del Monte Manor", has recently completed a full renovation of the property. The renovation includes a playground, basketball court, synthetic turf activity area, community garden, and a community room with a fully functional computer room. These new amenities provide an ideal location to facilitate a structured recreational program for the residents. Over the past few years, the HEM plaza has worked with various community-based organizations, which has brought on a different after-school program for the HEM. Most recently, the Village Project INC. provided academic enrichment services from 2022-2023.

The HEM plaza first reached out to the City in 2019 to run a similar program, but shortly after those discussions, the COVID pandemic hit, which ceased operations. Since May 2023, the City has been working with the management of the HEM to develop an after-school recreational service for the residents. After numerous discussions and site visits, the City and the HEM have worked out a plan to provide youth development, academic enrichment, and recreation programs for the youth residing in the HEM plaza.

Packet Page 198

Item No. 8.F. Page 2 of 3
The goal is to give all of the youth a structured environment where they can learn and grow while engaging with their fellow residents to help build a strong community within the HEM plaza.

The attached Memorandum of Understanding outlines the established agreement between the City of Seaside and the Hamiltion, Ellis, and Martin Plaza.

FISCAL IMPACT
The City and the HEM agree that entering into this Agreement is of mutual benefit to both Parties. Accordingly, the City shall provide Recreational Programs to HEM Plaza youth residents, and the HEM will pay the City the staff costs for the program. City staff working in the program are estimated to work the following hours in the Fiscal Year (July 1st – June 30th):
• Recreation Specialist ($24.65 per hour) – 1560 hours per Fiscal Year • Recreation Leader ($18.21 per hour) – 999 hours per Fiscal Year The ratios needed for the program are as follows:
• 1-20 participants - (1) Recreation Specialist, and two (2) Recreation Leaders • 21-30 participants - (1) Recreation Specialist, and three (3) Recreation Leaders
• 31-40 participants - (1) Recreation Specialist, and four (4) Recreation Leaders • 41-50 participants - (1) Recreation Specialist, and five (5) Recreation Leaders The City will invoice the HEM by the 10th and 22nd of each month to ensure timely payment is rendered.

The HEM shall additionally pay for all supplies that are needed to operate a year-round recreational program, such as school & art supplies, board games, sports equipment, room furnishings, etc. The City will provide the HEM with a list of supplies needed on a quarterly basis, or as deemed necessary.

ATTACHMENTS

1. Resolution 2023 HEM

2. 2023 HEM Plaza Agreement
Reviewed for Submission to the City Council by:

Packet Page 199

Item No. 8.F. Page 3 of 3
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 200
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND HAMILTON, ELLIS, AND MARTIN PLAZA.

WHEREAS, City provides youth development, academic enrichment, and recreation activities and programs for the benefit of Hamilton, Ellis, and Martin Plaza and youth residing in the HEM Plaza; and
WHEREAS, City shall provide Recreational Programs to HEM Plaza youth residents, and the Community Partner will pay for all costs of the program.; and WHEREAS, the City desires to provide structured programs to Hamilton, Ellis, and Martin Plaza residents who may otherwise not be able to attend such programs and services at other locations; and
WHEREAS, Hamilton, Ellis, and Martin Plaza desires that City provides after school recreational programs and services for residents of the Hamilton, Ellis, and Martin Plaza and City is willing to provide such Recreational Programs pursuant to the terms and conditions of this Agreement; and
WHEREAS, the City and Hamilton, Ellis, and Martin Plaza agree that it is mutually beneficial to enter into this Agreement in order to support the youth residents of the Hamilton, Ellis, and Martin Plaza.

NOW THEREFORE, BE IT RESOLVED, in accordance with the City’s policies and the Agreement with the City and Hamilton, Ellis, and Martin Plaza enter into this agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of September 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 201

AGREEMENT BETWEEN

CITY OF SEASIDE AND HAMILTON, ELLIS, AND MARTIN PLAZA
FOR

RECREATIONAL PROGRAMS
This COMMUNITY PARTNERSHIP AGREEMENT FOR STUDENT SUPPORT SERVICES (“Agreement”) is made and entered into effective September 11, 2023 (the “Effective Date”), by and between the Hamilton, Ellis, and Martin Plaza, a limited partnership (“Community Partner”) and The City of Seaside , a Municipal corporation (“City”). City and Community Partner may each be referred to a “Party”, or together as the “Parties” in this Agreement

RECITALS
WHEREAS, City provides youth development, academic enrichment, and recreation activities and programs for the benefit of Community Partner and other youth residing in the HEM Plaza; and WHEREAS, Community Partner believes that it is important to provide programming and services for residents residing in the HEM Plaza; and
WHEREAS, the City desires to provide structured programs to HEM Plaza residents who may otherwise not be able to attend such programs and services at other locations; and WHEREAS, the Community Partner desires that City provides after school recreational programs and services for residents of the HEM Plaza and City is willing to provide such Recreational Programs pursuant to the terms and conditions of this Agreement; and WHEREAS, the City and Community Partner agree that it is mutually beneficial to enter into this Agreement in order to support the youth residents of the HEM Plaza.

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the District and Community Partner agree as follows:

1. Recreational Programs. City agrees to provide to HEM Plaza youth residents in line with the current programs that is currently being offered at City recreational Facilities.

2. Scheduling. Recreational Programs shall be provided by City on the following days and times, as mutually agreed by the Parties: Monday-Friday, 2:00 p.m. – 6:00 p.m.

3. Coordination with Community Partner. City shall coordinate with Community Partner to facilitate the specific Recreational Programs to be provided only to HEM Plaza youth residents; however, the Parties understand and agree that City shall not be responsible for providing any programs outside the scope of what is normally offered at a City run Recreational Program. City Packet Page 202
- 2 -
will provide daily attendant documentation to Community Partner on a weekly basis.

4. City Staff. City shall be solely responsible for the recruitment, evaluation, training, and all other aspects of the employment or engagement of City employees, agents, or volunteers (“City Staff”) to provide the Recreation Programs under this Agreement, and shall have sole responsibility for the payment of salaries, compensation and other remuneration to City Staff providing Recreational Programs under this Agreement, as well as all applicable federal, state, and local taxes, workers’ compensation insurance, and other related expenses, including but not limited to expenses for training, fingerprinting, and background checks.

5. Term; Renewal. This Agreement shall begin on September 11, 2023, and shall terminate on September 11, 2024 (“Term”), except if earlier terminated or suspended pursuant to Sections 6 and 7, below. The Parties may renew this Agreement by mutual written agreement.

6. Termination.
a. Termination for Convenience. Either Party may terminate this Agreement for convenience at any time by giving thirty (30) days advance written notice to the other Party, however the Parties may agree in writing to a shorter notice period.
b. Termination for Cause. Notwithstanding the foregoing, either Party may terminate this Agreement at any time by giving written notice to the non-terminating Party if the non-terminating Party materially breaches any of the terms of this Agreement, any act or omission of the nonterminating Party exposes the terminating Party to potential liability or may cause an increase in the terminating Party’s insurance premiums. Such termination shall be effective immediately upon receipt of the notice.

7. Suspension in the Event of an Emergency Order. In the event of an emergency order from federal, state, or local authorities requiring the complete closure of all Recreation Department programs, the Parties agree to suspend this Agreement as of the effective date of such emergency order.

8. Charge for Recreational Programs. The City and Community Partner agree that entering into this Agreement is of mutual benefit to both Parties. Accordingly, City shall provide Recreational Programs to HEM Plaza youth residents, and the Community Partner will pay for all costs for the program. City staff working in the program are estimated to work the following hours in a Fiscal Year (July 1st – June 30th):
• Recreation Specialist ($24.65 per hour) – 1560 hours per Fiscal Year • Recreation Leader ($18.21 per hour) – 999 hours per Fiscal Year The ratios needed for the program are as follows:
• 1-20 participants - (1) Recreation Specialist, and two (2) Recreation Leaders • 21-30 participants - (1) Recreation Specialist, and three (3) Recreation Leaders • 31-40 participants - (1) Recreation Specialist, and four (4) Recreation Leaders • 41-50 participants - (1) Recreation Specialist, and five (5) Recreation Leaders Packet Page 203
- 3 -
The City will invoice the Community Partner by the 10th and 22nd of each month to ensure timely payment is rendered.

9. Program Resources and Supplies: Community Partner shall additionally pay for all supplies that are needed to operate a year round recreational program such as; school & art supplies, board games, sports equipment, room furnishings…etc. The City will provide the Community Partner with a list of supplies needed on a quarterly basis, or as deemed necessary.

10. City Qualifications. City represents and warrants to Community Partner, and all City Staff, have in effect and shall maintain in full force throughout the Term of this Agreement all licenses, credentials, permits and any other qualifications required by law to provide the Recreational Programs pursuant to the terms of this Agreement. All City Staff providing Recreational Programs shall be competent to provide those Programs.

11. Facilities, Equipment and Materials. Except as otherwise agreed in writing by the Parties, the Community Partner shall provide adequate facilities and all necessary furniture, materials, equipment, and any other items for the provision of Recreation Programs. Notwithstanding the foregoing, Community Partner shall not be responsible for any damage or loss of any personal property owned and used by City while providing the Recreational Programs.

12. Supervision. The City shall provide appropriate supervision, including on-site monitoring and supervision to all City Staff providing Recreational Programs under this Agreement.

13. Fingerprinting/Criminal Background Investigation Certification. City shall at all times comply with the fingerprinting and criminal background investigation requirements of the California Education Code (“Education Code”) section 45125.1. Prior to having any contact with Hem Plaza youth residents all City Staff shall have been fingerprinted and completed background checks under procedures established by the California Department of Justice and the Federal Bureau of Investigation. City further agrees and acknowledges that if at any time during the Term of this Agreement Community Partner learns or becomes aware of additional information which differs in any way from the representations set forth above, or City adds personnel who will provide Recreational Programs under this Agreement, City shall immediately notify the Community Partner and prohibit any new personnel from having any contact with HEM Plaza residents until the fingerprinting and background check requirements set forth in this Section 12 have been satisfied.

14. Tuberculosis Certification. All City Staff providing Recreational Programs under this Agreement shall have received a TB test or risk assessment in full compliance with the requirements of Education Code section 49406. City shall maintain on file the certificates showing that the City Staff providing Recreational Programs under this Agreement were examined and found free from active TB. These forms shall be regularly maintained and updated by City and shall be available to Community Partner upon request or audit. City further agrees and acknowledges that all new personnel assigned to provide Recreational Programs under this Agreement after the Effective Date of this Agreement are subject to the TB certification requirements of Education Code section 49406 and shall be prohibited from having any contact with Community Partner residents until the TB certification requirements have been satisfied and Community Partner determines whether any contact is permissible.

Packet Page 204
- 4 -

15. Confidential Information. City and City Staff shall maintain the confidentiality of, and protect from unauthorized disclosure, any and all individual resident information received from the Community Partner, including but not limited to residents names and other identifying information.

City and City Staff shall not use such student information for any purpose other than providing the Recreational Programs under this Agreement. Upon termination of this Agreement, City shall return to Community Partner all records of any Community Partner residents created or received while providing Recreational Programs pursuant to this Agreement. City represents that it shall not publish or cause to be disseminated through any press release, public statement or marketing effort any information which is related to this Agreement without written approval of the Community Partner.

16. Compliance with Law.
a. In the performance of their respective obligations under this Agreement, each Party agrees to comply with all applicable federal, state, and local laws, regulations, ordinances, policies, procedures, state executive orders, public health orders, and District policies and regulations (“Law”) as such Law may change from time to time. b. Neither Party shall unlawfully discriminate among persons under this Agreement on the basis of race, national origin, gender, age, creed, religion, marital status, sexual orientation, veteran status, disability, or any other basis prohibited by Law.

16. Health and Safety.
a. The Community Partner shall ensure that the facilities have the necessary supplies for preventative sanitation measures, including but not limited to soap and water, disposable towels, tissues, and hand sanitizer.
b. The Parties agree to notify each other as soon as practicable in the event that either Party should learn of any infectious disease or illness such as; COVID-19, Lice..etc If the infection is City Staff or at the Community Partner facility where the Recreational Programs are being provided. The identity of infected persons shall not be revealed.

17. Independent Contractor Status. While engaged in carrying out the terms and conditions of this Agreement, City is an independent contractor, and not an officer, employee, agent, partner, or joint venture of the Community Partner and is not entitled to benefits of any kind or nature normally provided to employees of the Community Partner or to which Community Partner employees are normally entitled. City is engaged in an independently established trade, occupation or business to provide the services required by this Agreement and is hereby retained to provide specialized services for the Community Partner that are outside the usual course of the Community Partner business. City is free from the control and direction of the Community Partner in connection with the manner in which it provides the Recreational Programs to Community Partner.

18. Indemnity. Each Party agrees to indemnify, defend, and hold harmless the other Party and its respective trustees or directors, agents, officers, and employees from and against any and all claims, demands, lawsuits or other proceedings, bodily injury, property damages, personal injury, and other
Packet Page 205
- 5 -
liabilities and damages, including attorneys’ fees and costs, arising out of the indemnifying Party’s alleged or actual omission, act or negligence, in the performance or failure to perform its obligations under this Agreement. The indemnity, defense, and hold harmless obligations set forth herein shall survive the termination of this Agreement for any alleged or actual omission, act or negligence, in the performance or failure to perform its obligations under this Agreement that occurred during the Term of this Agreement.

19. Insurance.
a. City Insurance. Without in any way limiting City’s liability, or indemnification obligations set forth above, City shall secure and maintain throughout the Term of this Agreement the following insurance:
i. Comprehensive general liability insurance with limits of not less than $1,000,000 each occurrence and $2,000,000 the aggregate. Such policy shall specifically state: “Coverage does not contain limitations of coverage or exclusions for molestation, sexual abuse, child abuse, or child endangerment” ; ii. Commercial automobile liability insurance with limits not less than $1,000,000 each occurrence; and
iii. Worker’s compensation insurance as required by Labor Code section 3200, et seq..

All insurance policies shall include an endorsement naming the Community Partner as additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to Community Partner. All insurance policies shall include an endorsement stating that it is primary to any insurance or self-insurance maintained by Cityand shall waive all rights of subrogation against Community Partner. A copy of the declarations page of City insurance policies shall be provided to the Community Partner upon request.
b. Community Partner Insurance. Without in any way limiting the Community Partner’s liability, or indemnification obligations set forth above, the Community Partner shall secure and maintain throughout the Term of this Agreement the following insurance:
i. Comprehensive general liability insurance with limits of not less than $1,000,000 each occurrence and $2,000,000 in the aggregate. Such policy shall specifically state: “Coverage does not contain limitations of coverage or exclusions for molestation, sexual abuse, child abuse, or child endangerment”; ii. Commercial automobile liability insurance with limits not less than $1,000,000 each occurrence; and
iii. Worker’s compensation insurance as required by Labor Code section 3200, et seq..

All insurance policies shall include an endorsement naming City as additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has Packet Page 206
- 6 -
been given to City. All insurance policies shall include an endorsement stating that it is primary to any insurance or self-insurance maintained by City. A copy of the declarations page of the Community Partner’s insurance policies shall be provided to City upon request.

20. Assignment/Successors and Assigns. Neither Party shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations under this Agreement without the prior written consent of the other Party. Subject to the foregoing, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective Parties.

21. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.

22. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by both Parties.

23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of Monterey, subject to transfer of venue under applicable State law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by the District.

24. Written Notice. Written notice shall be deemed to have been duly served if delivered in person to Community Partner at the address located next to the party signatures below, or if delivered at or sent by registered or certified or overnight mail to the last business address known to the person who sends the notice.

25. Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms.

26. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

27.Warranty of Authority. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective Parties, and by their signatures to bind the respective parties to this Agreement.
* * * * * * * * * * * * * * * * * * * *
Hamilton, Ellis, and Martin Plaza
Packet Page 207
- 7 -
By: _______________________
Name: _____________________
Title: ______________________
City of Seaside
By: _______________________
Name: _____________________
Title: ______________________
Packet Page 208

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: September 7, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE CONTRACTS FOR THE RECIPIENTS OF THE

COMMUNITY SOCIAL SERVICES GRANT PROGRAM

RECOMMENDATION
Adopt the resolution authorizing the City Manager to execute contracts for the community social services grant program.

BACKGROUND
In 2020, the Council created the Community Social Services grant program and designated $320,000 to enhance community and social services. In 2021, the council designated 1/3 of $320,000 to new organizations / programs, recognizing the need to broaden the field of applicants so that newer organizations have an opportunity to be included for funding; and awarded an additional $105,318 to fully fund the review committee recommendations. For fiscal year 2022/2023, the Council designated $500,000 for the grant program, removing the 1/3 set aside designation. During the recent budget hearings, the Council decided to pre-assign the funds to Community Based Organizations in lieu of going through a lengthy application/review process as in the past 3 cycles.

Council Approved Community Based Organizations
The following organizations were approved for funding by the City Council during the fiscal year 2023/2024 budget hearings:

Community Based Organization Approved Funding Amount
Building Healthy Communities $100,000.00
Village Project $100,000.00
Community Partnership for Youth $100,000.00
Packet Page 209

Item No. 8.G. Page 2 of 2
Palenke Arts $80,000.00
Neighborhood Opportunity and
Accountability Board (NOAB)
$50,000.00
CSUMB Intergovernmental Interns $50,000.00
6 CBO's $480,000.00
These recipients are required to submit quarterly reports to the City of Seaside. This includes descriptions of special events, significant activities, major accomplishments, and quantitative information on the number of service hours, participants served, people completing or leaving the program and other information as needed. If the organization does not meet the requirements set forth in the contract, the organization may forfeit the remaining funds for the funding cycle.

FISCAL IMPACT
Funds for the program in the amount of $480,000.00 were appropriated in the Fiscal Year 2023-24 budget and are paid from the City's General Fund.

Account #100-9250-4203

ATTACHMENTS

1. CSS Grant Resolution 1

2. 2024-2025 CSS Grant MOU BHC

3. 2024-2025 CSS Grant MOU CPY

4. 2024-2025 CSS Grant MOU Palenke Arts

5. 2024-2025 CSS Grant MOU TVP
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 210
RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE COMMUNITY SOCIAL SERVICES GRANT PROGRAM TO FULLY FUND THE CITY COUNCIL’S FISCAL YEAR 2023/24 APPROPRIATIONS WHEREAS, In 2020, Council created the Community Social Services grant program and designated $320,000 to enhance community and social services; and WHEREAS, On July 15, 2021, the council voted to designate 1/3 of $320,000 to new organizations / programs, recognizing the need to broaden the field of applicants so that newer organizations have an opportunity to be included for funding; and WHEREAS, For fiscal year 2022/2023, the Council designated 500,000 for the grant program, removing the 1/3 set aside designation; and
WHEREAS, On June 15, 2023, during the budget hearings the Council designated 480,000 for the grant program, and pre-determined which community based organizations would receive the funding; and
WHEREAS, Six organizations were identified for funding by Council, and those organizations are:

Community Based Organization Awarded Amount
Building Healthy Communities $100,000.00
Village Project $100,000.00
Community Partnership for Youth $100,000.00
Palenke Arts $80,000.00
Neighborhood Opportunity and
Accountability Board (NOAB)
$50,000.00
CSUMB Intergovernmental Interns $50,000.00
WHEREAS, recipients are required to submit quarterly reports to the City of Seaside.

This includes descriptions of special events, significant activities, and major accomplishments, and quantitative information on the number of service hours, participants served, people completing or leaving the program, and other information as needed; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside do hereby direct the City of Seaside City Manager to execute on behalf of the City Council, the Community Social Services program contracts not to exceed $480,000.00 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of September 2023 by the following vote:

Packet Page 211
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique Davis, City Clerk
APPROVED AS TO FORM:
_____________________________
Sheri L. Damon, City Attorney
Packet Page 212

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF

SEASIDE AND ACTION COUNCIL / BUILDING HEALTHY COMMUNITIES This Memorandum of Understanding is made and entered into on January 1st, 2024, by and between the City of Seaside, (hereinafter “CITY”), and Action Council / Building Healthy Communities (hereinafter “ACTION / BHC”).

I. PURPOSE
This Memorandum of Understanding stands as evidence that CITY and ACTION / BHC intend to work together toward the mutual goal to enhance community and social services. Both parties believe the implementation of the Youth Leadership Academy program with Community Social Services Grant funding will further this goal. ACTION / BHC agrees to comply with the terms of the grant.

II. RESPONSIBILITIES/TERM/FUNDING

1. The grant performance period is January 1, 2024, through and including December 31, 2024.

2. CITY reserves the right to reduce / end funding in case of a declared fiscal emergency.

3. CITY will contribute personnel to provide oversight to the Community Social Services Grant program, coordinate activities among the participants.

4. CITY will disburse grant funds on a quarterly basis. Grant disbursement is contingent upon receiving quarterly invoices and progress reports in a timely manner.

5. ACTION / BHC will report on the status grant funds on a quarterly basis. The report will include a description of special events, significant activities, and major accomplishments, and quantitative information on the number of service hours, participants served, people completing or leaving the program, and other information as needed.

6. ACTION / BHC will send a follow up invoice for the quarterly grant disbursement, documenting expended funds and the 10% match requirement (exhibit A).

Packet Page 213

7. ACTION / BHC will present a status report to City Council, and April 2024, and a final report no later than January 2025.

8. ACTION / BHC will provide proof of 501c3 status as well as file a certificate of insurance prior to the execution of the contract agreement.

9. ACTION / BHC must have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and have a physical address.

10. Projects must be cost-effective and meet a significant community need and/or impact a substantial number of individuals.

11. ACTION / BHC will put together a very rough outline of curriculum and criteria for youth as well as the logistical needs for what the meetings will look like.

12. ACTION / BHC will implement the youth curriculum in the 8-week leadership academy that will seek to recruit a minimum of 40 youth from Seaside.

13. ACTION / BHC’s leadership academy will include the planning of a youth summit that will serve as a launching point for future organizing work for the youth.

14. ACTION / BHC’s implementation of summit with 100 youth from Seaside.

15. The total cost is $110,000 and ACTION / BHC will receive $100,000, which is covered by the CSS grant. ACTION / BHC will provide an in kind match of $10,000

16. ACTION / BHC will provide City with records as requested pertaining to the enrollment and completion of program participants.

17. Grant funds can be used to supplement existing funds dedicated to the project, but may not replace (supplant) funds that have been appropriated for the same purpose

18. Intellectual property: Each party will retain exclusive interest in and ownership of its intellectual property developed under this Packet Page 214
agreement. Nothing in this agreement will function to transfer any of either party’s Intellectual Property rights to the other party

III INDEMNIFICATION, NOTICES/TERMINATION/AUDIT AUTHORITY

1. This MOU may be terminated without cause by either party upon thirty (30) days written notice.

2. CITY shall indemnify, defend and hold harmless ACTION / BHC, its officers, agents, and employees, while acting as such, to the extent permitted by applicable law, from and against any claim, loss, damage, cost, expense, obligations or liability (including, without limitation, interest, penalties and attorney’s fees in defending against the same) which any of them may become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of this program.

3. ACTION / BHC shall indemnify, defend and hold harmless CITY, its officers, agents, and employees, while acting as such, to the extent permitted by applicable law, from and against any claim, loss, damage, cost, expense, obligations or liability (including, without limitation, interest, penalties and attorney’s fees in defending against the same) which any of them may become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of this program.

4. Should either party to this agreement bring legal action against the other, (formal judicial proceeding, mediation or arbitration), the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

5. Any notices under this agreement shall be sent to ACTION / BHC or CITY by personal delivery, by electronic facsimile, or by certified mail, return receipt requested, postage prepaid in the United States Postal Service at the addresses set forth below.

Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The following names, titles, addresses and telephone numbers are designated by the parties:

Andrea Manzo, Executive Director
Action Council
295 Main Street, Suite 500
Salinas CA 93901
Packet Page 215
4
Telephone: 831.783.1244 ext 106
Fax: 831.783.1276
Jaime M. Fontes

CITY OF SEASIDE
City Manager
440 Harcourt Avenue
Seaside, CA 93955

6. ACTION / BHC shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this MOU; the accounting and control systems shall be satisfactory to CITY. CITY and ACTION / BHC’ auditor shall be afforded access to the ACTION / BHC’ records, books, correspondence and other data relating to this MOU. ACTION / BHC shall preserve these records, books, correspondence and other data relating to this agreement for a period of four (4) years after final payment, or for such longer period as may be required by law. In addition, ACTION / BHC agrees to make said records, books correspondence and other data relating to this MOU available to CITY at CITY’S principle place of business upon seventytwo (72) hours advance written notice. CITY shall at all times have the right to inspect the work, services, or materials. ACTION / BHC shall furnish all reasonable aid and assistance required by CITY for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve ACTION / BHC from any obligation to perform said work or services strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. ACTION / BHC shall provide CITY upon request, and/or upon completion of the program, with electronic files and copies of any documentation of program results to CITY at CITY’S principal of business.

8. The parties shall comply with all applicable federal, state and local laws and regulations in performing this agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed on _________________.

CITY OF SEASIDE ACTION COUNCIL
By: ________________________ By: _________________________ Jaime M. Fontes Andrea Manzo
Its: City Manager Its: Executive Director
Packet Page 216
5

EXHIBIT A
Community Social Services Grant Reporting Guidelines
Quarterly Invoice Submission Guidelines
• Follow up documentation must be provided to show how grant funding was spent, including the 10% match.
• Please send an invoice with supporting documentation to [email protected] • The invoice detailing spending must be written on your organizations letterhead. • Please be sure to note which billing cycle your documentation is supporting, i.e.

November 1, – December 31, 2020.
• Be sure to include your CSS grant reimbursement total on your invoice. • Be sure to include your match funds total on your invoice. Specifying whether it’s a cash match or in kind match per your contract agreement.
• Attach all receipts, supporting documentation and proof of your expenses, i.e. employee pay stubs, grocery receipts for your CSS program.
• Please include the name/ title and signature of the person submitting the invoice.

Quarterly Report Submission Guidelines
Please submit a brief narrative on your program accomplishments, challenges and special events. Include any pictures that Seaside can use for publication.

Invoice / Quarterly Reporting Period Due Date
Packet Page 217
6
**Program Starts** January 1, 2024
1 st Quarter Invoice Submission January 10, 2024
(January, February, March)
1 st Quarter back up documentation April 11, 2024
1 st Quarter Report submission
2nd Quarter Invoice Submission
(April, May, June)
Status Report to Council April 18, 2024
2 nd Quarter back up documentation July 11, 2024
2 nd Quarter Report submission
3rd Quarter Invoice Submission
(July, August, September)
3 rd Quarter back up documentation October 10, 2024
3 rd Quarter report submission
4th Quarter Invoice Submission
(October, November, December)
4 th Quarter back up documentation January 2, 2025
4 th Quarter report submission (final)
Final Report to Council January 16, 2025
Packet Page 218

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF

SEASIDE AND COMMUNITY PARTNERSHIP FOR YOUTH
This Memorandum of Understanding is made and entered into on January 1st, 2024, by and between the City of Seaside, (hereinafter “CITY”), and Community Partnership for Youth (hereinafter “CPY”).

I. PURPOSE
This Memorandum of Understanding stands as evidence that CITY and CPY intend to work together toward the mutual goal to enhance community and social services. Both parties believe the implementation of the mentor tutor program with Community Social Services Grant funding will further this goal. CPY agrees to comply with the terms of the grant.

II. RESPONSIBILITIES/TERM/FUNDING

1. The grant performance period is January 1, 2024, through December 31, 2024.

2. CITY reserves the right to reduce / end funding in case of a declared fiscal emergency.

3. CITY will contribute personnel to provide oversight to the Community Social Services Grant program, coordinate activities among the participants.

4. CITY will disburse grant funds on a quarterly basis. Grant disbursement is contingent upon receiving quarterly invoices and progress reports in a timely manner.

5. CPY will report on the status grant funds on a quarterly basis. The report will include a description of special events, significant activities, and major accomplishments, and quantitative information on the number of service hours, participants served, people completing or leaving the program, and other information as needed.

6. CPY will send a follow up invoice for the quarterly grant disbursement, documenting expended funds and the 10% match requirement (exhibit A).

7. CPY will present a status report to City Council, and April 2024, and Packet Page 219
a final report no later than January 2025. .

8. CPY will provide proof of 501c3 status as well as file a certificate of insurance prior to the execution of the contract agreement.

9. CPY must have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and have a physical address.

10. Projects must be cost-effective and meet a significant community need and/or impact a substantial number of individuals.

11. CPY will continue operating and fully staff their mentor tutor program.

12. CPY will provide remote mentoring to students in the program as well as on site support at Ord Terrace, M.L. King School of the Arts, Highland, Del Rey Woods, Dual Language Academy Monterey Peninsula (DLAMP) with MPUSD’s youth who are identified as needing the extra support. Some staff will be working 8 hours per day, while others attend high school and college and work while not at school.

13. The total cost is $110,000 and CPY will receive $100,000 which will be covered by the CSS grant. CPY will provide an in kind match of $10,000.

14. CPY will provide City with records as requested pertaining to the enrollment and completion of program participants.

15. Grant funds can be used to supplement existing funds dedicated to the project, but may not replace (supplant) funds that have been appropriated for the same purpose

III INDEMNIFICATION, NOTICES/TERMINATION/AUDIT AUTHORITY

1. This MOU may be terminated without cause by either party upon thirty (30) days written notice.

2. CITY shall indemnify, defend and hold harmless CPY, its officers, agents, and employees, while acting as such, to the extent permitted by applicable law, from and against any claim, loss, damage, cost, expense, obligations or liability (including, without Packet Page 220
3
limitation, interest, penalties and attorney’s fees in defending against the same) which any of them may become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of this program.

3. CPY shall indemnify, defend and hold harmless CITY, its officers, agents, and employees, while acting as such, to the extent permitted by applicable law, from and against any claim, loss, damage, cost, expense, obligations or liability (including, without limitation, interest, penalties and attorney’s fees in defending against the same) which any of them may become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of this program.

5. Any notices under this agreement shall be sent to CPY or CITY by personal delivery, by electronic facsimile, or by certified mail, return receipt requested, postage prepaid in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The following names, titles, addresses and telephone numbers are designated by the parties:

Shari Hastey
Community Partnership for Youth
775 Kimball Avenue
Seaside CA 93955
Telephone: 831.595.1471
Jaime M. Fontes

CITY OF SEASIDE
City Manager
440 Harcourt Avenue
Seaside, CA 93955

6. CPY shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this MOU; the accounting and control systems shall be satisfactory to CITY. CITY and CPY’ auditor shall be afforded access to the CPY’ records, books, correspondence and other data relating to this MOU.

CPY shall preserve these records, books, correspondence and other data relating to this Packet Page 221
4
agreement for a period of four (4) years after final payment, or for such longer period as may be required by law. In addition, CPY agrees to make said records, books correspondence and other data relating to this MOU available to CITY at CITY’S principle place of business upon seventy-two (72) hours advance written notice. CITY shall at all times have the right to inspect the work, services, or materials. CPY shall furnish all reasonable aid and assistance required by CITY for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve CPY from any obligation to perform said work or services strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. CPY shall provide CITY upon request, and/or upon completion of the program, with electronic files and copies of any documentation of program results to CITY at CITY’S principal of business.

8. The parties shall comply with all applicable federal, state and local laws and regulations in performing this agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed on _________________.

CITY OF SEASIDE COMMUNITY PARTNERSHIP FOR YOUTH
By: ________________________ By: _________________________ Jaime M. Fontes Shari Hastey
Its: City Manager Its: Executive Director

EXHIBIT A
Packet Page 222
5
Community Social Services Grant Reporting Guidelines
Quarterly Invoice Submission Guidelines
• Follow up documentation must be provided to show how grant funding was spent, including the 10% match.
• Please send an invoice with supporting documentation to [email protected] • The invoice detailing spending must be written on your organizations letterhead. • Please be sure to note which billing cycle your documentation is supporting, i.e.

Quarterly Report Submission Guidelines
Please submit a brief narrative on your program accomplishments, challenges and special events. Include any pictures that Seaside can use for publication.

Invoice / Quarterly Reporting Period Due Date
**Program Starts** January 1, 2024
1 st Quarter Invoice Submission January 10, 2024
(January, February, March)
Packet Page 223
6
1 st Quarter back up documentation April 11, 2024
1 st Quarter Report submission
2nd Quarter Invoice Submission
(April, May, June)
Status Report to Council April 18, 2024
2 nd Quarter back up documentation July 11, 2024
2 nd Quarter Report submission
3rd Quarter Invoice Submission
(July, August, September)
3 rd Quarter back up documentation October 10, 2024
3 rd Quarter report submission
4th Quarter Invoice Submission
(October, November, December)
4 th Quarter back up documentation January 2, 2025
4 th Quarter report submission (final)
Final Report to Council January 16, 2025
Packet Page 224

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF

SEASIDE AND PALENKE ARTS
This Memorandum of Understanding is made and entered into on November 1st, 2024, by and between the City of Seaside, (hereinafter “CITY”), and Palenke Arts (hereinafter “PA”).

I. PURPOSE
This Memorandum of Understanding stands as evidence that CITY and PA intend to work together toward the mutual goal to enhance community and social services. Both parties believe the implementation of the Palenke Arts program with Community Social Services Grant funding will further this goal. PA agrees to comply with the terms of the grant.

II. RESPONSIBILITIES/TERM/FUNDING

1. The grant performance period is January 1, 2024 through December 31, 2024.

2. CITY reserves the right to reduce / end funding in case of a declared fiscal emergency.

3. CITY will contribute personnel to provide oversight to the Community Social Services Grant program, coordinate activities among the participants.

4. CITY will disburse grant funds on a quarterly basis. Grant disbursement is contingent upon receiving quarterly invoices and progress reports in a timely manner.

5. PA will report on the status grant funds on a quarterly basis. The report will include a description of special events, significant activities, and major accomplishments, and quantitative information on the number of service hours, participants served, people completing or leaving the program, and other information as needed.

6. PA will send a follow up invoice for the quarterly grant disbursement, documenting expended funds and the 10% match requirement (exhibit A).

7. PA will present a status report to City Council, and April 2024, and a Packet Page 225
final report no later than January 2025.

8. PA will provide proof of 501c3 status as well as file a certificate of insurance prior to the execution of the contract agreement.

9. PA must have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and have a physical address.

10. Projects must be cost-effective and meet a significant community need and/or impact a substantial number of individuals.

11. CBO will continue operating and fully staff their multicultural arts program providing services to youth and families.

12. CBO will use funding for operational support so that they may provide programming in the following areas, piano, guitar, ballet folklórico, hip hop dance and visual arts.

13. The total cost is $110,000 and PA will receive $100,000 which will be covered by the CSS grant. CBO will provide an in kind match of $10,000.

14. CBO will provide City with records as requested pertaining to the enrollment and completion of program participants.

15. Grant funds can be used to supplement existing funds dedicated to the project, but may not replace (supplant) funds that have been appropriated for the same purpose

III INDEMNIFICATION, NOTICES/TERMINATION/AUDIT AUTHORITY

1. This MOU may be terminated without cause by either party upon thirty (30) days written notice.

2. CITY shall indemnify, defend and hold harmless PA, its officers, agents, and employees, while acting as such, to the extent permitted by applicable law, from and against any claim, loss, damage, cost, expense, obligations or liability (including, without limitation, interest, penalties and attorney’s fees in defending against the same) which any of them may become obligated to pay by reason of liability imposed by law because Packet Page 226
3
of injury to property or injury to or death of persons, received or suffered by reason of this program.

3. PA shall indemnify, defend and hold harmless CITY, its officers, agents, and employees, while acting as such, to the extent permitted by applicable law, from and against any claim, loss, damage, cost, expense, obligations or liability (including, without limitation, interest, penalties and attorney’s fees in defending against the same) which any of them may become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of this program.

5. Any notices under this agreement shall be sent to PA or CITY by personal delivery, by electronic facsimile, or by certified mail, return receipt requested, postage prepaid in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The following names, titles, addresses and telephone numbers are designated by the parties:

Juan L. Sanchez
Palenke Arts
Martin Luther King, Jr. School of the Arts
1713 Broadway Ave, Seaside, CA 93955
Telephone: (insert)
Jaime M. Fontes

CITY OF SEASIDE
City Manager
440 Harcourt Avenue
Seaside, CA 93955

6. CBO shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this MOU; the accounting and control systems shall be satisfactory to CITY. CITY and CBO’ auditor shall be afforded access to the CBO’ records, books, correspondence and other data relating to this MOU.

CBO shall preserve these records, books, correspondence and other data relating to this agreement for a period of four (4) years after final payment, or for such longer period as may be required by law. In addition, CBO agrees to make said records, books Packet Page 227
4
correspondence and other data relating to this MOU available to CITY at CITY’S principle place of business upon seventy-two (72) hours advance written notice. CITY shall at all times have the right to inspect the work, services, or materials. CBO shall furnish all reasonable aid and assistance required by CITY for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve CBO from any obligation to perform said work or services strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. CBO shall provide CITY upon request, and/or upon completion of the program, with electronic files and copies of any documentation of program results to CITY at CITY’S principal of business.

8. The parties shall comply with all applicable federal, state and local laws and regulations in performing this agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed on _________________.

CITY OF SEASIDE PALENKE ARTS
By: ________________________ By: _________________________ Jaime M. Fontes Juan L. Sanchez
Its: City Manager Its: Executive Officer

EXHIBIT A
Community Social Services Grant Reporting Guidelines
Packet Page 228
5
Quarterly Invoice Submission Guidelines
• Follow up documentation must be provided to show how grant funding was spent, including the 10% match.
• Please send an invoice with supporting documentation to [email protected] • The invoice detailing spending must be written on your organizations letterhead. • Please be sure to note which billing cycle your documentation is supporting, i.e.

Quarterly Report Submission Guidelines
Please submit a brief narrative on your program accomplishments, challenges and special events. Include any pictures that Seaside can use for publication.

Invoice / Quarterly Reporting Period Due Date
**Program Starts** January 1, 2024
1 st Quarter Invoice Submission January 10, 2024
(January, February, March)
1 st Quarter back up documentation April 11, 2024
Packet Page 229
6
1 st Quarter Report submission
2nd Quarter Invoice Submission
(April, May, June)
Status Report to Council April 18, 2024
2 nd Quarter back up documentation July 11, 2024
2 nd Quarter Report submission
3rd Quarter Invoice Submission
(July, August, September)
3 rd Quarter back up documentation October 10, 2024
3 rd Quarter report submission
4th Quarter Invoice Submission
(October, November, December)
4 th Quarter back up documentation January 2, 2025
4 th Quarter report submission (final)
Final Report to Council January 16, 2025
Packet Page 230

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF
SEASIDE AND THE VILLAGE PROJECT INC.

This Memorandum of Understanding is made and entered into on January 1st, 2024, by and between the City of Seaside, (hereinafter “CITY”), and The Village Project Inc. (hereinafter “TVP”).

I. PURPOSE
This Memorandum of Understanding stands as evidence that CITY and TVP intend to work together toward the mutual goal to enhance community and social services. Both parties believe the implementation of the Therapeutic Services program with Community Social Services Grant funding will further this goal. TVP agrees to comply with the terms of the grant.

II. RESPONSIBILITIES/TERM/FUNDING

1. The grant performance period is January 1, 2024, through December 31, 2024.

2. CITY reserves the right to reduce / end funding in case of a declared fiscal emergency.

3. CITY will contribute personnel to provide oversight to the Community Social Services Grant program, coordinate activities among the participants.

4. CITY will disburse grant funds on a quarterly basis. Grant disbursement is contingent upon receiving quarterly invoices and progress reports in a timely manner.

5. TVP will report on the status grant funds on a quarterly basis. The report will include a description of special events, significant activities, and major accomplishments, and quantitative information on the number of service hours, participants served, people completing or leaving the program, and other information as needed.

6. TVP will invoice for the quarterly grant disbursement, documenting expended funds and the 10% match requirement (Exhibit A).

7. TVP will present a status report to City Council, and April 2024, and a final report no later than January 2025.

Packet Page 231

8. TVP will provide proof of 501c3 status as well as file a certificate of insurance prior to the execution of the contract agreement.

9. TVP must have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and have a physical address.

10. Projects must be cost-effective and meet a significant community need and/or impact a substantial number of individuals.

11. TVP full-time therapist will provide 28-30 hours per week of direct therapy service to clients who are currently on The Village Project, Inc’s waiting list.

12. TVP full-time therapist will provide therapy using a revised brief therapy model of 15 sessions per client, 1 session per week per client with the exception of client emergencies.

13. TVP full-time therapist will perform mental status exams, psychosocial assessment and develop provisional diagnoses for each client.

14. TVP full-time therapist will work cooperatively with clients to develop client-centered treatment plans which will serve as a guide for therapeutic work with the client.

15. TVP full-time therapist will meet with The Village Project, Inc’s Clinical Director on a weekly basis for supervision as well as in regular group supervision meetings with the Clinical Director and the other therapists where the work with clients is shared with each other and peer input occurs.

16. TVP full-time therapist will strictly adhere to all Confidentiality and Health Insurance Portability and Accountability Act (HIPA) laws and regulations for the protection of clients.

17. TVP full-time Youth Intervention Specialist will be reviving the “One Circle” group that was halted as a result of the Pandemic.

18. TVP full-time Youth Intervention Specialist will continue working with his current caseload of families and youth and use his vast knowledge of the community and families to introduce himself to new youth and their families as needed.

Packet Page 232

19. TVP full-time Youth Intervention Specialist will use already tried and true methods of gaining trust with these youth in order to meet with them individually or groups.

20. TVP full-time Youth Intervention Specialist will maintain collaborative relationships with the Seaside Youth Resource Center, community youth organizations, faith institutions and with schools in order to provide students with a school-community continuum of care.

21. TVP full-time Youth Intervention Specialist will report in to the Executive Director/Clinical Director of The Village Project, Inc. on a regular basis for update purposes.

22. TVP full-time Youth Intervention Specialist will adhere to all Confidential and Health and Insurance Portability and
Accountability Act (HIPA) laws and regulations for the protection of youth and families.

23. TVP full-time Youth Intervention Specialist’s goal is to work with approximately 50-55 youth and their families throughout the period of this grant.

24. The total cost is $110,000 and TVP will receive $100,000 which will be covered by the CSS grant. TVP will provide an in kind match of $10,000.

25. TVP will provide City with records as requested pertaining to the enrollment and completion of program participants.

26. Grant funds can be used to supplement existing funds dedicated to the project, but may not replace (supplant) funds that have been appropriated for the same purpose

III INDEMNIFICATION, NOTICES/TERMINATION/AUDIT AUTHORITY

1. This MOU may be terminated without cause by either party upon thirty (30) days written notice.

2. CITY shall indemnify, defend and hold harmless TVP, its officers, agents, and employees, while acting as such, to the extent permitted by applicable law, from and against any claim, loss, damage, cost, expense, obligations or liability (including, without limitation, interest, penalties and attorney’s fees in defending against the same) which Packet Page 233
4
any of them may become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of this program.

3. TVP shall indemnify, defend and hold harmless CITY, its officers, agents, and employees, while acting as such, to the extent permitted by applicable law, from and against any claim, loss, damage, cost, expense, obligations or liability (including, without limitation, interest, penalties and attorney’s fees in defending against the same) which any of them may become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of this program.

5. Any notices under this agreement shall be sent to TVP or CITY by personal delivery, by electronic facsimile, or by certified mail, return receipt requested, postage prepaid in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The following names, titles, addresses and telephone numbers are designated by the parties:

Stacie Andrews, Executive Director
THE VILLAGE PROJECT INC.
1069 Broadway Avenue, Suites 200-201
Seaside CA 93955
Telephone: 831.392.1500
Jaime M. Fontes

CITY OF SEASIDE
City Manager
440 Harcourt Avenue
Seaside, CA 93955

6. TVP shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this MOU; the accounting and control systems shall be satisfactory to CITY. CITY and TVP’ auditor shall be afforded access to the TVP’ records, books, correspondence and other data relating to this MOU.

TVP shall preserve these records, books, correspondence and other data relating to this agreement for a period of four (4) years after final payment, or for such longer period as may be required by law. In addition, TVP agrees to make said records, books Packet Page 234
5
correspondence and other data relating to this MOU available to CITY at CITY’S principle place of business upon seventy-two (72) hours advance written notice. CITY shall at all times have the right to inspect the work, services, or materials. TVP shall furnish all reasonable aid and assistance required by CITY for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve TVP from any obligation to perform said work or services strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. TVP shall provide CITY upon request, and/or upon completion of the program, with electronic files and copies of any documentation of program results to CITY at CITY’S principal of business.

8. The parties shall comply with all applicable federal, state and local laws and regulations in performing this agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed on _________________.

CITY OF SEASIDE THE VILLAGE PROJECT
By: ________________________ By: _________________________ Jaime M. Fontes Stacie Andrews
Its: City Manager Its: Executive Director
Packet Page 235
6

Quarterly Report Submission Guidelines
Please submit a brief narrative on your program accomplishments, challenges and special events. Include any pictures that Seaside can use for publication.

Invoice / Quarterly Reporting Period Due Date
**Program Starts** January 1, 2024
Packet Page 236
7
1 st Quarter Invoice Submission January 10, 2024
(January, February, March)
1 st Quarter back up documentation April 11, 2024
1 st Quarter Report submission
2nd Quarter Invoice Submission
(April, May, June)
Status Report to Council April 18, 2024
2 nd Quarter back up documentation July 11, 2024
2 nd Quarter Report submission
3rd Quarter Invoice Submission
(July, August, September)
3 rd Quarter back up documentation October 10, 2024
3 rd Quarter report submission
4th Quarter Invoice Submission
(October, November, December)
4 th Quarter back up documentation January 2, 2025
4 th Quarter report submission (final)
Final Report to Council January 16, 2025
Packet Page 237

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Samantha Alcaraz, Human Resources Analyst
Sandra Floyd, Human Resources Director/Risk Manager
DATE: September 7, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE MODIFICATION OF

THE POSITION CONTROL LIST TO ADD ONE SENIOR PLANNER

AND DELETE ONE ASSOCIATE PLANNER POSITION IN THE

PLANNING DIVISION

RECOMMENDATION
Adopt a resolution amending the Fiscal Year 2023-2024 Budget, and modifying the Position Control List to reflect the organizational changes in the Planning Division to add one Senior Planner and delete on Associate Planner.

BACKGROUND
The Planning Division performs mission-critical work to administer the City's General Plan and Zoning Ordinances, reviews development applications, oversees the front counter and phones, and plans for the future of the community to move the City forward.

The Planning Division is currently staffed with one Assistant Planner and one Senior Planner, which is insufficient for the volume and type of work being performed. In order to effectively move the Council's priorities forward and manage day-to-day operations, the addition of a Senior Planner is critical to assist with the increase in future city projects.

The modification of eliminating and adding these positions will provide greater efficiency in the operation of the City, enhance service levels, and will provide valuable support to the Planning Division.

FISCAL IMPACT
Packet Page 238

Item No. 8.H. Page 2 of 2
The Finance Department is authorized to make any budget adjustments that are necessary as a result of these changes. Increased personnel costs for the remainder of the current fiscal year, including salary and benefits, are estimated at $17,735.00.

Increased costs on an annualized basis are estimated at $26,603.00.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 239
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING THE FISCAL YEAR 2023-2024 BUDGET AND MODIFY THE

POSITION CONTROL ALLOCATION LIST
WHEREAS, the Position Control List may be amended upon recommendation of the City Manager and approval by the City Council; and
WHEREAS, in order to provide greater efficiency in the operations of the City and enhance service levels, certain recommendations have been prepared; and WHEREAS, there is a need to add one Senior Planner and delete one Associate Planner in the Planning Department; and
WHEREAS, the Senior Planner is assigned to the Seaside Management and Supervisory Employees’ Association bargaining unit and paid a top step hourly salary of $59.786; and
WHEREAS, one Associate Planner will be deleted from the position control list; and
WHEREAS, the addition of the Senior Planner position will enhance the City’s services and will provide valuable support to the community; and WHEREAS, the Finance Department is authorized to make any budget adjustments that are necessary because of this change.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby approve the modification of the Position Control Allocation List as proposed.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of September 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Packet Page 240
________________________
Ian N. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
_________________________
Sheri L. Damon, City Attorney
Packet Page 241

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

THE POSITION CONTROL LIST TO ADD ONE PUBLIC AFFAIRS

OFFICER/CITY CLERK AND DELETE ONE CITY CLERK

POSITION

RECOMMENDATION
Adopt a resolution amending the Fiscal Year 2023-2024 Budget, and modifying the Position Control List to reflect the organizational changes in the City Clerk Department to add one Public Affairs Officer/City Clerk and delete one City Clerk position.

BACKGROUND
The City proposes no changes to the Classification Plan but it is deemed necessary to make the necessary changes in order to align the City's needs to adhere to regulatory standards. The purpose of this item is to add a Public Affairs Officer/City Clerk.

Currently, the position of City Clerk is performing all duties that fall under the classification of Public Affairs Officer/City Clerk.

The modification of eliminating and adding these positions will provide greater efficiency in the operations of the City, enhance service levels, and provide valuable support to the Department and community.

FISCAL IMPACT
The change will result in increased personnel costs estimated at $11,795.00 including salary and benefits.

ATTACHMENTS
Packet Page 242

Item No. 8.I. Page 2 of 2

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 243
RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING THE FISCAL YEAR 2023-2024 BUDGET AND MODIFY THE

POSITION CONTROL ALLOCATION LIST
WHEREAS, the Position Control List may be amended upon recommendation of the City Manager and approval by the City Council; and
WHEREAS, in order to provide greater efficiency in the operations of the City and enhance service levels, certain recommendations have been prepared; and WHEREAS, there is a need to add one Public Affairs Officer/City Clerk and delete one City Clerk in the City Clerk Department; and
WHEREAS, the Public Affairs Officer/City Clerk is assigned to the Seaside Management and Supervisory Employees’ Association bargaining unit and paid a top-step hourly salary of $71.415; and
WHEREAS, one City Clerk will be deleted from the position control list; and WHEREAS, the addition of the Public Affairs Officer/City Clerk position will enhance the City’s services and will provide valuable support to the community; and WHEREAS, there are no financial impacts to the budget because of this change.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby approve the modification of the Position Control Allocation List as proposed.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of September 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________
Ian N. Oglesby, Mayor
Packet Page 244
ATTEST:
__________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
_________________________
Sheri L. Damon, City Attorney
Packet Page 245

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
Carolyn Burke, Assistant Public Works Director
DATE: September 7, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICE AGREEMENT WITH SCHAAF & WHEELER TO DESIGN

THE CONTINGENCY INTERTIE FROM SEASIDE MUNICIPAL

WATER SYSTEM TO MARINA COAST WATER DISTRICT IN AN
AMOUNT NOT TO EXCEED $46,800.00

RECOMMENDATION
Adopt a resolution authorizing a professional services agreement with Schaaf & Wheeler to provide design services for the Seaside Municipal Water System (SMWS) to Marina Coast Water District (MCWD) Intertie Project for an amount not to exceed $46,800.00.

BACKGROUND
The Seaside Municipal Water System (SMWS) serves about 800 connections with a service area that extends from La Salle Avenue south to Hilby Avenue, and from Yosemite Street east to General Jim Moore Blvd. Other portions of the City are served by California American Water (Cal Am) or by Marina Coast Water District (MCWD).

SMWS has a mutual aid agreement with Cal Am, and during maintenance periods SMWS purchases water from Cal Am. It costs more to purchase water than to pump it ourselves, so we only use this option during emergencies. Cal Am rates are anticipated to increase in the coming years to address desalination, recycled water, and other costs associated with augmenting Cal Am’s water supply.

SMWS would like to ensure a reliable and affordable alternate water supply source for use during maintenance events and emergencies via construction of an emergency “intertie” between the SMWS and MCWD water systems. MCWD serves the portion of Seaside on the former Fort Ord, and has a water transmission main in General Jim Packet Page 246

Item No. 8.J. Page 2 of 2
Moore Boulevard. The proposed intertie would consist of a 12-inch water main, water meter, and a pressure reducing valve station installed in San Pablo Avenue. The intertie would normally be closed, and when open it would allow MCWD to supply the City system.

In July 2023, staff requested a proposal from Schaaf & Wheeler to provide design services for the SMWS to MCWD Intertie Project. On August 24, 2023, Schaaf & Wheeler provided a proposal to prepare construction plans, specifications, and a cost estimate, as well as bid phase and construction support services for an amount not to exceed $46,800.00. Schaaf & Wheeler estimates it will take three months to complete the design, depending on the availability of surveyor support. Staff reviewed the scope of work and fee in the proposal, and find it acceptable.

The professional services agreement with Schaaf & Wheeler would be in the amount not to exceed $46,800.00, to be billed on a time and materials basis. A 10% contingency adds $4,680.00 for a total of $51,480.00 for development of the SMWS to MCWD Intertie Project plans.

Staff recommends adopting a resolution authorizing the City Manager to execute a professional services agreement with Schaaf & Wheeler for design services for the SMWS to MCWD Intertie project for an amount not to exceed $46,800.00 and written amendments such that the total agreement does not exceed $51,480.00.

FISCAL IMPACT
The adopted fiscal year 2023/24 budget for the MCWD Intertie Project is $325,000.00, and there are sufficient funds in the Project account (No. 401-8910-9570) to fund the contract with Schaaf & Wheeler.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 247
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE PROFESSIONAL SERVICES AGREEMENT WITH SCHAAF & WHEELER TO PROVIDE DESIGN SERVICES FOR THE SEASIDE MUNICIPAL

WATER SYSTEM TO MARINA COAST WATER DISTRICT INTERTIE PROJECT FOR AN AMOUNT NOT TO EXCEED $46,800.00
WHEREAS, the Seaside Municipal Water System (SMWS) to Marina Coast Water District (MCWD) Intertie project (Project) is adopted in the fiscal year 2023/2024 Capital Improvement Program (CIP) annual budget; and WHEREAS, Schaaf & Wheeler is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and WHEREAS, Staff requested a proposal from Schaaf & Wheeler to provide design services for the SMWS to MCWD Intertie project; and WHEREAS, on August 24, 2023, Schaaf & Wheeler provided a proposal to prepare construction plans, specifications, and a cost estimate, as well as bid phase and construction support services for the project in the amount not to exceed $46,800.00; and
WHEREAS, Schaaf & Wheeler has prepared similar plans for water systems for the City of Seaside and numerous other agencies in the Monterey Bay Area; and WHEREAS, to complete the design of the SMWS to MCWD Intertie project, Schaaf & Wheeler will provide: project management and meeting attendance; survey data; preparation of draft plans, cost estimates, and specifications; calculations for the water meter and pressure reduction valve (PRV) sizing with two PRV configurations; preparation of a plat and legal description for the water meter and PRV easement; preparation of final plans, cost estimate, and specifications; attendance at the pre-bid conference and response to bidder requests for information; pre-construction conference attendance; and preparation of record drawings; and
WHEREAS, Staff reviewed the scope of work and fee in the proposal, and finds it acceptable; and
WHEREAS, an amount of $4,680.00 contingency, 10% of the contract value, should be authorized on an as required basis; and
WHEREAS, the adopted fiscal year 2023/24 budget for the SMWS to MCWD Packet Page 248
Intertie Account (No. 401-8910-9570) is $325,000; and
WHEREAS, there are sufficient funds in the MCWD Intertie Account to fund the design services for the SMWS to MCWD Intertie project by Schaaf & Wheeler.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Professional Services Agreement with Schaaf & Wheeler to provide design services for the SMWS to MCWD Intertie project for an amount not to exceed $46,800.00 and written amendments such that the total agreement does not exceed $51,480.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 7th day of September, 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 249
SEASIDE MUNICIPAL WATER SYSTEM – MCWD INTERTIE
Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION PROJECTS
SEASIDE MUNICIPAL WATER SYSTEM – MCWD INTERTIE
THIS AGREEMENT, is made and effective SEPTEMBER 7, 2023, between the City of Seaside, a municipal corporation ("Agency") and SCHAAF & WHEELER, A CORPORATION (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than JUNE 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

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

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

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

5. PAYMENT
Packet Page 250
SEASIDE MUNICIPAL WATER SYSTEM – MCWD INTERTIE
Rev. 1/18 Page 2 COS Design PSA
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed FORTY-SIX THOUSAND EIGHT HUNDRED DOLLARS ($46,800.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

7. DEFAULT OF CONSULTANT
Packet Page 251
SEASIDE MUNICIPAL WATER SYSTEM – MCWD INTERTIE
Rev. 1/18 Page 3 COS Design PSA
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Agency Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default.

The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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

Packet Page 252
SEASIDE MUNICIPAL WATER SYSTEM – MCWD INTERTIE
Rev. 1/18 Page 4 COS Design PSA

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

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

10. INSURANCE
Packet Page 253
SEASIDE MUNICIPAL WATER SYSTEM – MCWD INTERTIE
Rev. 1/18 Page 5 COS Design PSA
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.

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

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

Packet Page 254
SEASIDE MUNICIPAL WATER SYSTEM – MCWD INTERTIE
Rev. 1/18 Page 6 COS Design PSA

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

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

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

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt Packet Page 255
SEASIDE MUNICIPAL WATER SYSTEM – MCWD INTERTIE
Rev. 1/18 Page 7 COS Design PSA
requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: ___ SCHAAF & WHEELER___ _
__3 QUAIL FUN CIRCLE, STE. 100_
_______SALINAS, CA 93907 __

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, ANDREW A. STERBENZ, P.E. shall be the Project Manager and Engineer of Record for the services described in this Agreement.

ANDREW A. STERBENZ, P.E. may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of ANDREW A.

STERBENZ, P.E. from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

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

19. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any Packet Page 256
SEASIDE MUNICIPAL WATER SYSTEM – MCWD INTERTIE
Rev. 1/18 Page 8 COS Design PSA
litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

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

21. WORK SCHEDULED/TIME OF COMPLETION
Consultant shall complete the outlined scope of work in a timely manner within the time frame per “Section 1. Term” of this contract.

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

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

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

CONSULTANT: _________________
By: ______________________________ Date:_________________ ANDREW A STERBENZ, P.E.
8/31/2023
Schaaf & Wheeler
Packet Page 257
SEASIDE MUNICIPAL WATER SYSTEM – MCWD INTERTIE
Rev. 1/18 Page 9 COS Design PSA
City of Seaside
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Scope of Work/Consultant Proposal
Insurance Requirements Request for
Proposal
Resolution Approving On-Call List
Packet Page 258
SEASIDE MUNICIPAL WATER DISTRICT – MCWD INTERTIE PROJECT EXHIBIT A

EXHIBIT A

SCOPE OF WORK/CONSULTANT PROPOSAL
Packet Page 259
Santa Clara ● San Francisco ● Santa Rosa ● Salinas
August 24, 2023
City of Seaside, Public Works Department
Attn: Ms. Nisha Patel, PE
440 Harcourt Avenue
Seaside, CA 93955
Subject: Proposal for Design of the SMWS-MCWD Inter-tie Dear Nisha:

Schaaf & Wheeler is pleased to propose engineering services for the Design of the Seaside Municipal Water System (SMWS) to Marina Coast Water District (MCWD) Inter-tie. The City and District have entered into a mutual aid agreement and would like to install a water system intertie to provide as-needed emergency supply to the SMWS. MCWD has an existing transmission main in General Jim Moore Blvd, along the west edge of the SMWS service area. The proposed interconnection would be made in San Pablo Avenue, and will require a pipeline, meter and pressure reducing valve station.

Schaaf & Wheeler will design the inter-tie. Whitson Engineers will prepare the topographic survey and the easement description. Our detailed scope of work and fee estimate are attached. We estimate the design will take two to three months to complete, depending upon the availability of surveyor support. Our estimated fee or design, bidding and construction support is $46,800. Costs will be billed on a time and materials basis, with a not-to-exceed limit. Our 2023 charge rate schedule is attached.

We thank you for this opportunity to propose services for the Design of the SMWS-MCWD Intertie. Should you need any further information, please contact me at (831) 883-4848 or [email protected].

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

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

EXHIBIT A

EXHIBIT A
Packet Page 260
Ms. Nisha Patel, PE August 24, 2023
Schaaf & Wheeler Page 2
Project Understanding
The Seaside Municipal Water System (SMWS) serves approximately 800 connections. The service area is roughly bounded by General Jim Moore Blvd on the east, LaSalle Avenue on the north, Yosemite Street on the west and Hilby Avenue on the south. The water system currently has a single active water well and an emergency inter-tie with the California American Water Company system, which is adjacent to the SMWS service area. The Marina Coast Water District (MCWD) serves the portion of Seaside on the former Fort Ord, and has a water transmission main installed in General Jim Moore Blvd. The MCWD main connects to their D-Zone, which has a maximum HGL of 510-ft.

The SMWS system has a maximum HGL of 387-ft. The City of Seaside and MCWD would like to install an emergency intertie between their water systems. The intertie would be one-way (from MCWD to SMWS). Configuring the connection for return flow would require a pump station or piping directly from SMWS Well 4.

The proposed inter-tie would be installed in San Pablo Avenue and include a 12-inch water main, a water meter and a pressure reducing valve (PRV) station. The connection would be normally closed.

When open, it would allow MCWD to supply the City system. The meter and PRV station would be owned by MCWD, so an easement will be required for those facilities.

Scope of Work

1. Project Management and Meetings

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

1.2. Schaaf & Wheeler will attend review meetings with City and District staff following the 60% and 90% submittals.

1.3. The Schaaf & Wheeler team will attend meetings with City and District staff and other agencies as needed to complete the design and analysis.

2. Preliminary (60% design)

2.1. Whitson Engineers will prepare a topographic survey of San Pablo Avenue from General Jim Moore Blvd to Juarez Street. The survey will pick up all visible utility vaults and covers.

2.2. Schaaf & Wheeler will obtain utility data from PG&E to supplement the topographic survey.

2.3. Schaaf & Wheeler will prepare 60% plans, technical specifications and construction cost estimates for the project, with supporting calculations for the meter and PRV sizing. Plans will be on Arch-D sized sheets. The preliminary list of plan sheets is provided below.

Specifications will be provided on a plan sheet, incorporating the applicable Caltrans, City and MCWD standards. The PRV station may be configured in two ways, either as (1) an altitude valve opens at low pressure to refill the system water tanks and then closes when the tanks are full, or (2) as a continuous source of supply that would keep the tanks full at all times. The first option is recommended but we will analyze both.

2.4. Deliverable: 60% plans, specifications, and construction cost estimate. Plans will be submitted in half-size.

EXHIBIT A
Packet Page 261
Ms. Nisha Patel, PE August 24, 2023
Schaaf & Wheeler Page 3

3. 90% Design

3.1. Schaaf & Wheeler will update the plans and specifications per the City and District review comments. The 90% update will include additional details and callouts on the plan sheets.

3.2. Whitson Engineers will prepare a plat and legal description for the water meter/PRV easement. If needed, Schaaf & Wheeler will prepare the grant of easement document for the City.

3.3. Deliverables:

3.3.1. 90% plans, specifications, and construction cost estimate. Plans will be submitted in half-size.

3.3.2. Survey plat and legal description for the proposed easement.

4. Final Design

4.1. Schaaf & Wheeler will update the plans and specifications per the City and District review comments. We will also populate the design information in the City’s front-end bid and contract documents. Final plans will be sealed by California Registered Engineer.

4.2. Whitson Engineers will update the easement plat and legal description per the City and District review comments. The final documents will be sealed by a California Registered Land Surveyor.

4.3. Deliverables:

4.3.1. Signed and sealed plans, specifications and final cost estimate.

4.3.2. Signed and sealed easement description.

5. Bid Phase Support

5.1. Schaaf & Wheeler will attend the pre-bid conference, respond to bidder requests for information and prepare clarifications or addenda as needed. We assume two addenda will be issued.

5.2. If requested, Schaaf & Wheeler will tabulate the bid results and evaluate bidder qualifications.

6. Construction Phase Support

6.1. Schaaf & Wheeler will attend the pre-construction conference, respond to contractor requests for information, review submittals and prepare clarifications as needed.

6.2. Schaaf & Wheeler will prepare record drawings based upon the Contractor and Inspector’s red-lined mark-ups.

7. Assumptions and Limitations

7.1. The project is categorically exempt from CEQA (pipeline under one mile).

7.2. The project only includes a one-way connection from MCWD to SMWS, and does not require a system modification to facilitate sending flow back to MCWD.

EXHIBIT A
Packet Page 262
Ms. Nisha Patel, PE August 24, 2023
Schaaf & Wheeler Page 4
Preliminary Drawing List
G1.0 Title and Location
G1.1 General Notes, Legend and Abbreviations
C1.0 Specifications and Survey Control
C1.1 Pipeline Plan and Profile
C2.0 to C2.2 Details

EXHIBIT A
Packet Page 263
Client:

Project:

Task:

Estimate Date: 8/24/2023

TASK ITEMS PRINCIPAL SEN SENIOR ASSOC ASST IN-HOUSE IN-HOUSE WHITSON TOTAL PROJ MGR PROJ MGR ENG ENG ENG SUBTOTAL LABOR MATERIAL ENGR COSTS $ NO. DESCRIPTION $275 $250 $235 $210 $195 M.H.'S COSTS $ COSTS $ SURVEY W/ MARK-UP 1 Project Management
Coordinate with Subs 4 4 $1,100 $1,100
Review meetings at 60% and 90% 4 4 8 $1,880 $1,880
2 60%Design
Topographic Survey 2 2 4 $940 $11,150 $12,926
Prepare 60% Plans, Specifications and Estimate 4 32 36 $7,340 $7,340 3 90% Deisgn
Prepare 90% Plans, Specifications and Estimate 4 12 16 $3,440 $3,440 Prepare Easement 2 4 6 $1,330 $2,350 $3,856
4 Final Deisgn
Prepare Final Plans, Specifications and Estimate 4 8 12 $2,660 $500 $3,198 5 Bid Phase Support
Attend Pre-Bid Conference, prepare meeting notes 2 2 $390 $390 Respond to RFIs (assume 2) 2 2 4 $940 $940
Prepare Addenda or Clarifications (assume 2) 2 2 4 $940 $940 6 Construction Phase Support
Construction meetings (assume 4) 4 10 14 $3,050 $3,050
Construction RFIs (assume 2) 4 6 10 $2,270 $2,270
Construction Submittal Review (assume 5) 2 18 20 $4,060 $4,060 Prepare record drawings 2 4 6 $1,330 $1,330
Total 40 0 0 0 106 146 $31,670 $500 $13,500 $46,720
ROUNDED TOTAL $46,800
Mark-up: 7.5%
City of Seaside
SMWS-MCWD Inter-tie
FeeEst_Seaside.xlsx/MCWD_Inter-tie 8/24/2023

EXHIBIT A
Packet Page 264
Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Current rates by classification are listed below:

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

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

Effective 1/1/23
Schaaf & Wheeler

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

EXHIBIT A
Packet Page 265
SEASIDE MUNICIPAL WATER DISTRICT – MCWD INTERTIE PROJECT EXHIBIT B

EXHIBIT B

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

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

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

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

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

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

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

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

Packet Page 266
SEASIDE MUNICIPAL WATER DISTRICT – MCWD INTERTIE PROJECT EXHIBIT B Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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

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

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

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

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

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

Packet Page 267
SEASIDE MUNICIPAL WATER DISTRICT – MCWD INTERTIE PROJECT EXHIBIT B Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, Agency may cancel this Agreement.

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

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

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

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

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

Packet Page 268
SEASIDE MUNICIPAL WATER DISTRICT – MCWD INTERTIE PROJECT EXHIBIT B Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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

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

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

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

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

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

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

Packet Page 269
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx

REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

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

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

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

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

EXHIBIT C
Packet Page 270
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 2 - Statement of Qualifications Submittal Requirements
The SOQ should include the following information:

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

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

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

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

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

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

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

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

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

EXHIBIT C
Packet Page 271
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 3 - Questions Regarding This Project
All questions and/or contacts regarding this Request should be directed to:

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

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

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

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

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

4. Client References. – 10 points

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

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

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

EXHIBIT C
Packet Page 272
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 4 - Hydrology/Hydraulic Analysis
Structural Analysis and Design
Well Design and Rehabilitation
Water System Design and Rehabilitation
Storm Drain System Design and Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations and Mitigation
Preliminary Engineering Studies
Technical Studies and Reports
Peer Reviews
Coordination with Other Agencies and Utilities
Constructability and Bidability Reviews
On-Call Services
Staff Augmentation
All materials submitted to the City will become the exclusive property of the City of Seaside.

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

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

General Provisions

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

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

EXHIBIT C
Packet Page 273
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 5 - prospective Consultant(s) for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.

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

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

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

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

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

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

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

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

EXHIBIT C
Packet Page 274
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 6 -

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

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

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

Generally, the grounds for disqualification include:

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

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

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

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

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

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

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

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

EXHIBIT C
Packet Page 275
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 7 - Personal financial information that a prospective Consultant(s) considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked “CONFIDENTIAL: PERSONAL FINANCIAL RECORDS; NOT PUBLIC RECORDS.” A prospective Consultant(s) should not mark their entire Qualifications as “Confidential.” During the selection process, the City will keep such information confidential and will not disclose it, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that personal financial information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to any prospective agency that is not selected.

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

EXHIBIT C
Packet Page 276

EXHIBIT C
Packet Page 277

EXHIBIT C
Packet Page 278

EXHIBIT D
Packet Page 279

EXHIBIT D
Packet Page 280

EXHIBIT D
Packet Page 281

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: September 7, 2023
SUBJECT: REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY

COMMITTEE RECOMMENDATIONS TO APPROVE THE

INSTALLATION OF GREEN CURB ON FREMONT BOULEVARD

AND REMOVAL OF YELLOW CURB ON PHOENIX AVENUE

RECOMMENDATION
The Traffic Advisory Committee (TAC) recommends approving: 1. removal of a 2-hour parking sign, installation of green curb in front of 1276 Fremont Boulevard, and waiver of the fee for the installation of the green curb; and, 2. removal of yellow curb on Phoenix Avenue at Fremont Boulevard.

BACKGROUND
The Traffic Advisory Committee (TAC) reviewed and provided recommendations regarding several applications at the August 9, 2023 special meeting. A brief summary of two (2) of the items are presented below.

Item 1
The business owner of Anita's Market is requesting the removal of a single two hour parking sign, and the installation of 40 feet of green curb in front of her business, located at 1276 Fremont Boulevard. Anita's Market is a small market and grocery store located, and is open from 8:30 AM to 9:00 PM.

Per SMC 10.32.240, Curb markings to indicate no stopping and parking regulations.

Green shall mean no standing or parking for longer than twenty minutes at any time between eight a.m. and six p.m. of any day except Sundays and holidays.

After the submission of this TAC Application, dated March 16, 2022, Public Works staff Packet Page 282

Item No. 8.K. Page 2 of 3
found a different TAC application submitted by the previous business owner for 1276 Fremont Boulevard. The previously approved request was for two hour parking in front of 1276 Fremont Boulevard, and had not been paid for or installed after it was approved by the City Coucil on November 5, 2020. The applicant for the current request paid for the installation of 2 hour parking signs in front of and to the north of her storefront on May 24, 2022. The 2 hour parking signs have not sufficiently resolved her initial complaint, and she is now asking for her original request for 20 minute parking, as designated with green curb, to be evaluated.

Staff conducted a site visit at 1276 Fremont Boulevard (attachment 1). During the site visit, it was noted that the business at 1276 Fremont Boulevard has no onsite parking.

There is an alleyway behind the business, of which the right of way extends all the way to the building's back wall, and the building also fronts the street. The building has approximately 40 feet of street frontage on Fremont Boulevard. There is a driveway from Fremont Boulevard to the alleyway immediately to the south of the business that offers no additional parking. To the north of 1276 Fremont Boulevard there is another business and a used car lot.

TAC recommended that the fee for the installation of 40 feet of green curb be waived, due to the applicant paying for both two hour parking signs, which she did not originally request, and her original application not being evaluated.

Item 2
The business owner of Chris Wilson Plumbing, located at 1112 Phoenix Avenue has submitted TAC application to remove 40 feet of yellow curb on Phoenix Avenue. The application is dated June 26, 2023. The yellow curb section is located on the north side of Phoenix Avenue, approximately 9 feet from the corner of Fremont Boulevard. This section of yellow curb was approved by TAC and the City Council in 1998 for a different applicant.

Per SMC 10.32.240, Curb markings to indicate no stopping and parking regulations.

Yellow shall mean no stopping, standing, or parking at any time, between the hours of eight a.m. and six p.m. of any day for any purpose other than loading or unloading of passengers or freight, which shall not exceed ten minutes.

Phoenix Avenue is a collector street, with parallel parking on both sides, and is populated with businesses, single family homes, and apartment complexes. An additional yellow curb is located approximately 200 feet east, also on the north side of Phoenix Avenue. This yellow curb was requested by the property owner of University Plaza in 2019, was approved by TAC and City Council, and paid for by that applicant.

Staff performed a site visit (attachment 2), and noted that parking on the street was limited.

Packet Page 283

Item No. 8.K. Page 3 of 3
Staff recommends removing the section of yellow curb on Phoenix Avenue near Fremont Boulevard to increase parking availability for residents and employees.

Public Works Maintenance staff have already grayed out the requested section of yellow curb due to a miscommunication with Parking Enforcement staff. If the request to remove the yellow curb is denied by City Council, Public Works Maintenance will paint the curb yellow. To date, public works have not received any complaints about the removal of this section of yellow curb.

FISCAL IMPACT
The fiscal impact of the following items are as follows:

1. The fiscal impact associated with approving the request for Item 1 - Approve installation of green curb in front of 1276 Fremont Boulevard, is $1,004.00 to the City.

2. There is no fiscal impact associated with Item 2 - Approve the removal of yellow curb on Phoenix Avenue at Fremont Boulevard. The cost of the removal of the yellow curb will be born by the applicant, and would be $1,004.00.

ATTACHMENTS

1. Item 1 - Approve green curb at 1276 Fremont Boulevard

2. Item 2 - Remove yellow curb on Phoenix Avenue
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 284
Packet Page 285
Packet Page 286
Area of requested green curb in front of 1276 Fremont Boulevard.

Example of parking availability on 1200 block of Fremont Boulevard Packet Page 287
Examples of parking availability on 1200 block of Fremont Boulevard.

Packet Page 288
Packet Page 289
Packet Page 290
Area of yellow curb requested to be removed on Phoenix Avenue.

Existing condition of area.

Packet Page 291
Examples of parking availability on 1100 block of Phoenix Avenue.

Packet Page 292

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Alexia Rapoport, Housing Program Manager
DATE: September 7, 2023
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2023-24 BUDGET TO APPROPRIATE $80,000 FROM THE MERGED

HOUSING FUND TO THE ACCESSORY DWELLING UNIT (ADU)

LOAN PROGRAM

RECOMMENDATION
Adopt a resolution amending the fiscal year 2023-24 budget to appropriate $80,000 from the Merged Housing fund to the ADU Loan Program.

BACKGROUND
During the 2023 Mid-Year Budget Review, $80,0000 was approved by the Seaside City Council and allocated from the Merged Housing Fund to account 297-7993-8203 for the CalHome ADU Loan Program. The funds were not encumbered prior to the end of the fiscal year, therefore, Staff is requesting the same allocation for Fiscal Year 2024. The requested funds would be used as follows:
• $6,000: Updating the City's Pre-Approved ADU Plans
• $74,000: Consultant and Underwriting Services for the ADU Loan Program The City of Seaside's ADU Loan Program (Program) seeks to allocate ten $100,000 loans to Seaside homeowners earning at or below 80% Area Median Income (AMI).

Loans allocated by the Program are wholly funded by a $1,000,000 State CalHome Grant awarded to the City in 2021. Loans must be awarded and program activities must close by June 2024, per grant requirements. Due to staffing challenges and the COVID19 Pandemic, the Program's implementation did not begin until 2023. The program's ambitious timeline particularly necessitates support from consultants for program design, program administration, and underwriting of loans.

Packet Page 293

Item No. 8.L. Page 2 of 2
Also integral to the program's successful implementation is the availability of the City's Pre-Approved ADU Plans. Adopted in 2020, the City's Pre-Approved ADU Plans streamline the ADU construction process by offering free ADU plans that have been preapproved by the City's Building Official. However, the State's Three-Year Code Cycle ended in 2023; as a result, the Pre-Approved ADU Plans must be updated to comply with the 2023-2026 Code Cycle. The Pre-Approved Plans must be updated by Workbench, the original architect, and the cost of updating the plans is $6,000. Though the plans are especially helpful for potential ADU Loan Program applicants, they are a resource for all Seaside homeowners interested in building an ADU.

As during the Mid-Year Budget Review, the requested funds would be allocated from the Merged Housing Fund.

FISCAL IMPACT
$80,000.00 appropriated from the Merged Housing Fund to account 297-7993-8203.

After accounting for the additional $80,000.00 appropriation, the projected unassigned fund balance in the Merged Housing fund at Fiscal Year End 2023-24, is $4,831,896.00.

ATTACHMENTS

1. Appropriation Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 294
RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROPRIATING $80,000 FROM THE MERGED HOUSING FUND TO THE ADU LOAN

PROGRAM
WHEREAS, the City of Seaside is a political subdivision of the State, and WHEREAS, on July 15, 2021, the City of Seaside executed a Standard Agreement with the California Department of Housing and Community Development (HCD), for a $1,000,000 grant under the CalHome ADU Loan Program, and
WHEREAS, the City’s ADU Loan Program must award grant funds and adhere to a program deadline of July 2024, per grant requirements, therefore necessitating the assistance of consultants for program design, implementation and underwriting, and WHEREAS, during the Fiscal Year 2023 Mid-Year Budget Review, the Seaside City Council approved and allocated $80,000 to the ADU Loan Program, account 297-7993-8203, which was not encumbered during Fiscal Year 2023, and
WHEREAS, Staff will use the $80,000 in Fiscal Year 2024 for consulting services and updating the City’s Pre-Approved ADU Plans, both essential to the successful implementation of the City’s ADU Loan Program.

NOW, THEREFORE, BE IT RESOLVED, that the Seaside City Council hereby approves and appropriates $80,000 from the Merged Housing Fund to the ADU Loan Program, account 297- 7993-8203.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 7th day of September 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
AS TO FORM:
________________________________
Sheri Damon, City Attorney
Packet Page 295

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.M.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: September 7, 2023
SUBJECT: ADOPT A RESOLUTION FOR DESIGNATION OF VOTING

DELEGATES AND ALTERNATES FOR THE LEAGUE OF

CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO BEING
HELD SEPTEMBER 20-22, 2023, IN SACRAMENTO,

CALIFORNIA

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

BACKGROUND
The League of California Cities, of which the City of Seaside is a member, is hosting their annual Annual Conference & Expo on September 20-22, 2023, in Sacramento, CA.

An important part of the Annual Conference is the Annual Business Meeting on Wednesday, September 20. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy. The policy resolutions are on issues of statewide importance that have a direct bearing on municipal affairs that are of broad municipal interest.

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

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

FISCAL IMPACT
Packet Page 296

Item No. 8.M. Page 2 of 2
None for this action, there is a cost associated with conference registration.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 297
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

DESIGNATING VOTING DELEGATES AND ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 20-22, 2023 WHEREAS, The League of California Cities (the League) is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities; and WHEREAS, the City of Seaside is a voting member of the League; and WHEREAS, at the annual business meeting, the League adopts policy resolutions on issues of statewide importance that have direct bearing on municipal affairs and that are of broad municipal interest; and
WHEREAS, voting delegates must be registered for the League Annual Conference held September 20-22, 2023; and
WHEREAS, in order to vote on the League of California Cities’ Annual Policy Resolutions, the City Council must designate one (1) voting delegate and up to two (2) alternates to vote at the Annual League of California Cities’ business meeting during the conference.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Seaside designates Mayor Ian N. Oglesby as the voting delegate for the Annual Conference held on September 20-22, 2023.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of September 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
________________________________
Ian N. Oglesby, Mayor
Packet Page 298
ATTEST:
________________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
________________________________
Sheri L. Damon, City Attorney
Packet Page 299

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: September 7, 2023
SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF AN
ARCHITECTURAL REVIEW (AR-23-11) FOR A SINGLE-FAMILY
DWELLING LOCATED AT 7 HARROW COURT IN THE SINGLEFAMILY RESIDENTIAL (RS-8) ZONING DISTRICT. THIS ITEM IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION
15303 OF THE CEQA GUIDELINES (DE NOVO HEARING)

RECOMMENDATION
Staff's recommendation is to uphold the Planning Commission's approval of AR-23-11 and deny the Appeal.

BACKGROUND

SUMMARY
Harrow Court is a cul-de-sac located off of the north side of Hilby Avenue just to the east of Yosemite Street. The parcels on Harrow Court are developed with Single-Family Dwellings. In December 2019 the existing three-bed, two-bath 2,383 square foot ("sf") residence and attached two-car garage located at 7 Harrow Court were extensively damaged in a fire. The property has since been sold and on May 30, 2023, the City's Planning Division received an application for an Architectural Review (application number AR-23-11) to rebuild the destroyed home and garage plus build a 2,050 square-foot second-story addition within the existing footprint, resulting in a 4,433 square foot house with a 506 square foot attached garage. The property was staked and flagged and on July 12, 2023 the Planning Commission heard the item and voted to approve it. However, staff subsequently discovered that public notices had not been served properly, and the Planning Commission's action was therefore invalid. On August 9, 2023, the Planning Commission again heard the item, and again voted to approve. At both hearings, nearby residents spoke both for and against the proposed Packet Page 300

Item No. 9.A. Page 2 of 6
addition. On August 14, 2023, the City received a timely filed Appeal of the Planning Commission's approval from Pamela McCormick and Steve Crow. The Appeal asserts that the Commission did not adequately discuss the neighbor's concerns about Architectural Review Items. This item has therefore been referred to the City Council pursuant to Chapter 17.76 of the Seaside Municipal Code.

PROJECT DESCRIPTION
The subject site consists of a 14,586 sf parcel located at 7 Harrow Court. In December 2019 the existing three-bed, two-bath 2,383 sf single-story residence and an attached two-car garage were extensively damaged by a fire. The home had a clerestory roof that peaked at approximately 18 ft (see Attachment 2). The subject parcel shares property lines with five properties on three streets: 1630 and 1640 Wanda to the rear, and 8 and 10 Valencia Court as well as 5 Harrow Court to the west interior side.

Additionally, 9 Harrow Court is on the east side, but separated from the subject site by a pedestrian walkway that connects Harrow Ct. to Wanda Ave. (see Attachment 3). The homes on the abutting parcels are a combination of one-story and two-story homes with the ground floor occupied primarily by garage space. The property is located in the Single-Family Residential (RS-8) Zoning District.

The project consists of a rebuild of the 2,383 sf fire damaged residence, construction of a new 2,050 sf second story addition, and rebuild of the 506 sf attached garage. Project plans are provided as Exhibit A to Attachment 1.

CODE COMPLIANCE ANALYSIS
Zoning Compliance:

Single-Family Dwellings are a permitted "by right" use within the RS-8 Zoning District.

However, per SMC 17.62.030.B.2 the project is subject to Architectural Review as it includes a new second-story addition.

Standards for residential development within the RS-8 are defined in Section 17.12.050, Table 2-3: Residential Zone Development Standards. The proposed project complies with the RS-8 development standards, as summarized below:

Development Standard Required Proposed
Maximum floor area ratio
(FAR)

0.45, 6,564 sf 0.31, 4,499 sf
(excluding 440 sf of garage
area per SMC 17.12.050,
footnote 3)
Maximum coverage 65%, 9,480 sf 43%, 6,250 sf
Maximum Height 24’ 24’
Packet Page 301

Item No. 9.A. Page 3 of 6
Minimum Parking 2 covered spaces 2 covered spaces
Minimum Setbacks Front: 15'
Side: 5'
Rear: 15'
Front: 50’+
Side: 22’ (west) and 9’-8”
(east)
Rear: 34’
Architectural Review:

In accordance with SMC 17.62.030.D, staking and flagging is required to be erected a minimum of 14 days prior to the hearing for new residential construction and addition(s) to existing structure(s) over 18 feet in height, to demonstrate the dimensions and heights of the ridge lines at the highest peak of each roof line and perimeter. Staking and flagging was installed on June 26, 2023 and is documented with the photographs in Attachment 4. Staking and flagging remained in place until July 19, 2023.

In accordance with SMC 17.62.030.E, Architectural Review approval includes an evaluation of the following:

1. Architectural considerations, including the character, quality, and scale of the design, architectural relationship with the site and other structures, building materials, colors, fencing, trash enclosure and walkway improvements, exterior lighting and signs, and the screening of exterior appurtenances; and

2. Proposed outdoor lighting, including the proposed placement of fixtures, type of fixtures, and illumination levels.

Architectural considerations:

Project plans are included as Exhibit A to the attached Resolution. The proposed residence would be a contemporary, Mediterranean-influenced design of two stories (1st: 2,383 sf, 2nd: 2,050 sf), with a 506 sf attached garage. The primary residence would be constructed to the maximum permitted height of 24 feet. The home is sited on a sloping parcel, with a nine-foot difference between the low-and-high-grade, from the garage footprint to the rear of the proposed residence.

Character, Quality and Scale
A combination of the site topography and the siting of the residence, attached garage, and design elements such as the raised planters and front entry porch create visual interest and contribute to an overall visual reduction of the mass of the residence. The proposed materials would be of high quality and are as follows:

1. Standing seam metal roof in Taupe

2. Exterior stucco walls in Acoustic White

3. Trim in Tranquil Taupe
Packet Page 302

Item No. 9.A. Page 4 of 6

4. Windows - Milgard black vinyl windows or equivalent

5. Cedar garage door
The project plans include references to an Accessory Dwelling Unit (ADU), proposed to be located above the garage. California Government Code Section 65852.2 regulates the development of ADUs, and Section 65852.2(a)(3)(A) precludes local governments from requiring any discretionary action or hearing. As such, the ADU shown on the plans is exempt from the City's Architectural Review process and is not considered a part of this review. Pursuant to State Law, if the applicant chooses to move forward with the ADU, that application must be submitted through the Building Permit process and is subject to the availability of water. No application for an ADU has been submitted to the City as of the drafting of this Staff Report.

Lighting considerations:

The proposed black wall lantern exterior wall sconces employ cut-off optics and will not cause up-lighting beyond the façade.

ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act pursuant to Class 3, Section 15303(a): One single-family residence or a second dwelling unit in a zone which permits residential uses. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.

Evidence: The proposed new construction will result in one new single-family dwelling.

PLANNING COMMISSION
The Planning Commission originally heard AR-23-11 on July 12, 2023. During the hearing, several residents of nearby properties expressed concerns. These largely centered around blocking of views, loss of privacy due to the second story addition, as well as a concern that the home would not fit into the existing neighborhood. The Planning Commission praised the architecture of the house and complimented the property owner on its design and appearance. The Chair of the Commission stated for the record that while he was sympathetic towards the concerns raised by the nearby residents, the Commission was legally precluded from denying the project, as it complied with all City standards. He also indicated that the City could not take view protection into consideration. The Planning Commission voted unanimously (5-0) to approve the project.

Subsequent to this, staff discovered that the required public notice had not been properly served to owners of property within 300 feet of the project site. Staff then renoticed the public hearing, and the item was again brought before the Planning Commission on August 9, 2023. Public testimony largely mirrored that of the first hearing, with concerns largely related to loss of views, privacy, and neighborhood Packet Page 303

Item No. 9.A. Page 5 of 6
character. Some members of the public also spoke in favor of the project, saying it would be an asset to the neighborhood. The Planning Commission Chair acknowledged the concerns and reiterated statements from the prior hearing regarding whether the Commission had discretion over the specific concerns brought up by residents, noting that the review was for architectural considerations and lighting. The Planning Commission again voted to approve the project by a 5-0 margin.

APPEAL
On August 14, 2023, an appeal of the Planning Commission's approval of AR-23-11 was timely filed by Pamela McCormick and Steve Crow. The appeal stated as the basis of the appeal that "The Commission did not adequately discuss the neighbor's concerns over Architectural Review Items."
Chapter 17.76 of the Municipal Code addresses the procedures for an appeal. Council has the option to "[a]ffirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with [the] Zoning Ordinance." The City Council may also "[a]dopt additional conditions of approval that may address issues or concerns other than the subject of the appeal." Finally, if "new or different" evidence is presented on appeal, the Council may refer the matter back to the Planning Commission for further consideration.

Council considers the matter "de novo" and is not limited to considering only facts previously entered into the record.

RECOMMENDATION
Staff recommends that Council deny the appeal and approve AR-23-11, subject to the Resolution (Attachment 1) and Project Plans (Exhibit A to Attachment 1).

FISCAL IMPACT
There is no significant fiscal impact associated with this Item.

ATTACHMENTS

1. Attachment 1 - Draft Resolution

2. Exhibit A Project Plans

3. Attachment 2 Existing Site Conditions

4. Attachment 3 Location Map

5. Attachment 4 Staking and Flagging

6. Attachment 5 Appeal
Packet Page 304

Item No. 9.A. Page 6 of 6
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 305

CITY COUNCIL
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

DENYING AN APPEAL TO OVERTURN THE PLANNING COMMISSION
DECISION APPROVING ARCHITECTURAL REVIEW APPLICATION NO.

AR-23-11 FOR A SECOND STORY ADDITION AT 7 HARROW COURT (APN:
012-682-037) IN THE SINGLE FAMILY RESIDENTIAL (RS-8) ZONING

DISTRICT
WHEREAS, the Planning Commission conducted a public hearing on August 9, 2023 to review Architectural Review Application No. AR-23-11 from Jonathan Lee, property owner, for a second story addition to an existing one-story single family residence located at 7 Harrow Court; and
WHEREAS, Pamela McCormick and Steve Crow, Appellants, have filed an appeal to the City Council to overturn the decision of the Planning Commission on the basis that the commission did not adequately discuss the neighbors’ concerns over architectural review items; and
WHEREAS, the Seaside City Council, at a duly noticed public hearing on September 7, 2023, considered oral comments and written information concerning Architectural Review Application No. AR-23-11; and
WHEREAS, the City Council heard the appeal de novo, and it is the responsibility of the City Council to consider and weigh the merits of the appeal and public input in relation to the policies, standards and intent of the Seaside General Plan and the Seaside Municipal Code for the proposed second story addition; and WHEREAS, the proposed second story addition is Categorically Exempt, Class 3, Section 15303(A), pursuant to the California Environmental Quality Act (CEQA) Guidelines.

NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the following findings denying the appeal and upholding the approval of AR-23-11 based on the following findings:

1. The proposed use is allowed within the applicable zone and complies with all applicable provisions of the Zoning Ordinance and the Municipal Code; Evidence: The proposed addition complies with all applicable development standards and provisions of the Zoning Ordinance and the Municipal Code. The approval will allow a 2,050 square foot second story addition, to a maximum Packet Page 306
height of 24 feet, to a remodeled 2,383 square foot one-story dwelling and attached 506 square foot garage. The proposed architecture, building materials, and colors are consistent with those of the surrounding neighborhood.

BE IT FURTHER RESOLVED, that the City Council hereby upholds the Planning Commission approval of Architectural Review Application No. AR-23-11 subject to the following conditions:

Planning:

1. The project will be reviewed for compliance with the regulations on Monterey Peninsula Water Management District at the time of building permit submittal. The residential water form is required to be submitted at time of building permit submittal. If it is determined that there is not adequate water for the project, as proposed, the floor plan will need to be revised to reduce the number of water fixtures. This modification will not require a hearing of the commission.

2. This approval does not include the conceptual Accessory Dwelling Unit shown on the attached plans.

Standard:

1. The applicant agrees as a condition and in consideration of the approval of this discretionary permit that it will defend, indemnify and hold harmless the City of Seaside or its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this approval. The applicant will reimburse the City for any court costs and attorney’s fees, which the City may be required by a court to pay as a result of such action. City may, at its sole discretion, participate in the defense of such action; but such participation shall not relieve applicant of his obligations under this condition. The City shall promptly notify the applicant of any such claim, action, or proceeding, and the City shall cooperate fully in the defense thereof.

2. Any proposed future development or change in use shall comply with the requirements of the Fire, Health, Planning, Code Enforcement, Building and Public Works Departments.

3. The permit shall have no force or effect unless and until accepted, and the terms thereof agreed to, in writing, by the applicant and property owner within fifteen (15) days from the date of its approval.

Packet Page 307

4. This approval shall become null and void unless the use is established within twelve (12) months of September 7, 2023. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within 30 days prior to the expiration.

5. For purposes of assuring compliance, the applicant, agents, representatives or their assignees agree not to deny or impede access to the subject property by City employees in the performance of their duties.

BE IT FURTHER RESOLVED, the City Council hereby finds that the proposed second story addition is Categorically Exempt, Class 3, Section 15303(A), pursuant to the California Environmental Quality Act (CEQA) Guidelines, as it represents an addition to a single-family home.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 7th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________
Ian N. Oglesby, Mayor
ATTEST:
_____________________________
Dominique Davis, City Clerk
Packet Page 308
ARCHITECTURAL REVIEW APPLICATION No. AR-23-11
RESOLUTION No. 23-XX
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the applicant and property owner(s).

The undersigned hereby acknowledge the approved terms and conditions and agree to fully conform to, and comply with, said terms and conditions within the time frames approved by the City of Seaside.
_____________________________________ ________________
Applicant/Property Owner’s Signature Date
Packet Page 309
Packet Page 310
Packet Page 311
Packet Page 312
Packet Page 313
Packet Page 314
Packet Page 315
ARCHITECTURAL REVIEW – MATERIALS/COLORS AND LIGHTING FIXTURE BOARD 7 HARROW COURT
SEASIDE, CA 93955
APN: 012-682-037-000
EXTERIOR WALLS: ROOF-STANDING SEAM METAL: BLACK LED WALL LATERN SCONCE:

TRIM: CEDAR SIDING:

Packet Page 316
ARCHITECTURAL REVIEW – WINDOW AND GARAGE DOOR SPECS
7 HARROW COURT
SEASIDE, CA 93955
APN: 012-682-037-000
WINDOWS: GARAGE DOOR:

Black Milgard vinyl sliding windows or equivalent Cedar overhead garage door or equivalent

Packet Page 317
ARCHITECTURAL REVIEW – EXISTING STRUCTURE ELEVATIONS
7 HARROW COURT
SEASIDE, CA 93955
NORTH: EAST:

SOUTHEAST: SOUTHWEST:

Packet Page 318
Packet Page 319
Packet Page 320
Packet Page 321
Packet Page 322
Packet Page 323
Packet Page 324
Packet Page 325
Packet Page 326

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Haroon Noori, Administrative Analyst II
DATE: September 7, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE CONSOLIDATED

ANNUAL PERFORMANCE AND EVALUATION REPORT FOR THE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
FISCAL YEAR 2022-2023

RECOMMENDATION
Adopt a Resolution to:

1. Approve the FY2022-23 CAPER for the CDBG program; and

2. Authorize the City Manager or designee to submit the FY2022-23 CAPER to the U.S. Department of Housing and Urban Development.

BACKGROUND

BACKGROUND
The City of Seaside is a recipient of federal entitlement grant funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program. As a recipient of these funds, HUD requires the City to prepare and submit a Consolidated Annual Performance Evaluation Report (CAPER) for the CDBG program within 90 days of the close of the fiscal year. The CAPER evaluates the City’s overall progress and performance in meeting the goals identified within its five-year Consolidated Plan and the Annual Action Plan.

DISCUSSION:

In FY 2022-23, which began on July 1, 2022 and ended on June 30, 2023, the City of Seaside received $356,647.00 in CDBG allocation and $102,920.00 in program income for a total of $459,567.00. The City also had additional funds carried over from previous program years. The table below provides a summary and breakdown of the total funds available and spent during FY 2022-23:

Packet Page 327

Item No. 9.B. Page 2 of 4
Revenue Expense Balance
FY2022-23 CDBG Allocation +
Program Income
$459,567.00 $458,586.67 $980.33
Carry-Over Balance - CDBG $391,183.45 $307,209.12 $83,974.33 Carry-Over Balance - CDBG-CV $51,831.49 $44,628.28 $7,203.21 Consistent with the strategic goals and priorities of the 2020-2024 Consolidated Plan and the 2022-23 Annual Action Plan (AAP), the City carefully evaluated and determined its community and housing needs. The City collaborated with local non-profits to carry out various projects and activities, which benefitted over 2,522 low- and moderateincome Seaside residents. A summary of the FY 2022-23 activities and accomplishments is included in the table below. Detailed information on these projects will be included in the FY 2022-23 CAPER.

Table 1: FY2022-23 Projects and Accomplishments
Organization Service
/Project
Budget Disbursed Status # of
persons
Assisted
Public Service Activities
Girls, Inc. of
the Central
Coast
Youth
Services
$12,344.00 $12,344.00 Complete 70
Greater
Victory
Temple
Youth
Services
$12,344.00 $12,343.26 Complete 96
Legal Services
for Seniors
Legal Services $12,344.00 $12,216.67 Complete 122
Meals on
Wheels of the
Monterey
Peninsula
Senior
Services
$12,344.00 $12,344.00 Complete 232
Eden Council
for Hope and
Opportunity
Fair Housing
Activities
$9,390.00 $9,390.00 Complete 53
Gathering for
Women -
Monterey
Case
Management
– Homeless
$10,000.00 $10,000.00 Complete 42
Packet Page 328

Item No. 9.B. Page 3 of 4
Shelter
Coronavirus Response Public Service Activities
Central
Coastal VNA
and
Hospice, Inc.

Health
Services
$45,048.00 $43,940.00 Complete 311 vaccines
administered
11 clinics
held
City of
Seaside –
COVID-19
Outreach
Other Public
Services
$6,783.49 $688.28 Complete City-wide
Capital Improvement Projects
Boys and Girls
Club of
Monterey
County
Boys and Girls
Clubhouse -
Gymnasium
and Kitchen
Improvements
$50,000.00 $49,948.74 Complete 503
Community
Human
Services
Genesis
House Facility
Improvements
$40,000.00 $40,000.00 Complete 261
City of
Seaside –
Public Works
Ellis Park
Improvements
$307,209.12 $307,209.12 Complete 845
City of
Seaside –
Public Works
Cutino Park
Improvements
$250,000.00 $250,000.00 Underway --
Veterans
Transition
Center
Transitional
Housing HVAC
upgrade
$83,974.33 -- Cancelled --
Program planning and administration
CDBG $50,801.00 $50,000.00 Complete N/A
All activities marked “underway” in the table above are on track for completion and closeout in the current fiscal year. Accomplishments for these activities will be reported in the FY 2023-24 CAPER.

CITIZEN PARTICIPATION AND PUBLIC OUTREACH:

The FY 2022-23 CAPER was made available for public review and comment for at least Packet Page 329

Item No. 9.B. Page 4 of 4
a 15-day period, from August 28, 2023, through September 11, 2023. A notice (in English and Spanish) of public comment and the September 7th, 2023, public hearing was published in the Monterey County Weekly on August 24th.

The CAPER was also posted on the City website at www.ci.seaside.ca.us/CDBG and is available at the following locations:
• Seaside City Hall
• Seaside Public Library
• Seaside Fire Station
• Oldemeyer Community Center
• Community Development Department
All public comments received during the 15-day public review period or at the public hearing will be incorporated into the FY 2022-23 CAPER and submitted to HUD.

FISCAL IMPACT
Approval and submittal of CAPER does not have any fiscal impact.

ATTACHMENTS

1. 2022-2023 CAPER Resolution

2. City of Seaside FY22-23 CAPER
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 330
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE FY2022-2023 CONSOLIDATED ANNUAL

PERFORMANCE AND EVALUATION REPORT FOR THE COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Seaside ("City") participates in the Department of Housing and Urban Development's ("HUD") Community Development Block Grant ("CDBG") Program; and
WHEREAS, the City received CDBG funds in FY2022/2023; and WHEREAS, HUD requires the City to prepare and submit a
Consolidated Annual Performance and Evaluation Report ("CAPER") for the CDBG program within 90 days of the close of the fiscal year; and WHEREAS, the City of Seaside, as required by HUD, duly published notice of, and conducted a public hearing to obtain the views of citizens on the FY2022/2023 CAPER; and
WHEREAS, on September 7, 2023, the City Council of the City of Seaside reviewed the FY2022/2023 CAPER and approved the report, including any comments.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Seaside that the FY2022/2023 CAPER, is hereby approved, and that the City Manager or designee is hereby authorized and directed to submit the FY2022/2023 CAPER to HUD as required.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of September 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ian N. Oglesby, Mayor
ATTEST:

Dominique Davis, City Clerk
Packet Page 331

CITY OF SEASIDE
Consolidated Annual Performance and Evaluation Report (CAPER) For the Community Development Block Grant Program (CDBG) Fiscal Year 2022-2023 (Program Year 2022)

DRAFT RELEASED FOR PUBLIC COMMENT
August 28, 2023
Prepared by:

Community Development Department
440 Harcourt Ave, Seaside, CA 93955
(831) 899-6726 | [email protected]
Packet Page 332
City of Seaside CAPER 2
Table of Contents
Executive Summary................................................................................................................................. 3 CR-05 - Goals and Outcomes ................................................................................................................... 4 CR-10 - Racial and Ethnic composition of families assisted....................................................................... 9 CR-15 - Resources and Investments 91.520(a) ....................................................................................... 10 CR-20 - Affordable Housing 91.520(b).................................................................................................... 12 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)................................... 15 CR-30 - Public Housing 91.220(h); 91.320(j)........................................................................................... 17 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j).................................................................................... 17 CR-40 - Monitoring 91.220 and 91.230 .................................................................................................. 21 CR-45 - CDBG 91.520(c) ......................................................................................................................... 22 Exhibits:

Packet Page 333
City of Seaside CAPER 3
Executive Summary
The City of Seaside (City) is a recipient of federal entitlement grant funding from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grants (CDBG). As a recipient of these funds, the City is required (pursuant 24 CFR 91.520) to prepare a Consolidated Annual Performance Evaluation Report (CAPER) annually to evaluate the City’s overall progress and performance in meeting the following priority activities identified within its five-year Consolidated Plan and the Annual Action Plan:
• Access to community and social services;
• Improve accessibility to persons with disabilities;
• Provide quality facilities and infrastructure;
• Promote beautification;
• Assist microbusinesses; and
• Prevent, prepare for, and respond to the coronavirus pandemic.

This document represents the City of Seaside’s PY2022 CAPER related to the City’s CDBG Program. The CAPER provides HUD, the public, and the City an opportunity to review Seaside’s housing and community development accomplishments for PY2022, with focus on those activities funded by the CDBG program.

Packet Page 334
City of Seaside CAPER 4
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

In PY2022, consistent with the strategic goals and priorities in the 2020-2024 Consolidated Plan and the 2022- 23 Annual Action Plan (AAP), the City carefully evaluated and determined its community and housing needs, and partnered with local non-profits to carry out various projects and activities. Data in Table 1 below highlights key accomplishments during the program year and reflects the progress towards the Consolidated Strategic Plan goals. Highlights include:

Strategic Goal 1: Access to community and social services To ensure access to much needed community and social services, the City collaborated with experienced local non-profits to undertake various programs benefiting a diverse clientele. A summary of the activities and outcomes is provided below:
 70 LMI girls (aged 9-18) received self-confidence and self-esteem improvement coaching through the Girls, Inc. of the Central Coast at the following schools: Seaside Middle School, Ord Terrace Elementary School, and Martin Luther King Jr School of Arts.  96 LMI students received after school tutoring and meals through the Greater Victory Temple.  122 LMI seniors received free legal services through the Legal Services for Seniors.  232 LMI homebound elderly (over 75 years old) persons received 3 meals a day through the Meals on Wheels of the Monterey Peninsula.
 53 LMI persons received fair housing and tenant-landlord services through the Eden Council for Hope and Opportunity (ECHO). ECHO also completed systemic audit of 5 sites.  42 LMI unique single women received shelter and 3 meals a day at Casa de Noche Buena through Gathering for Women – Monterey.

Strategic Goal 2: Improve accessibility to persons with disabilities  Ellis Park Improvement project: Originally funded in program years 2020 and 2021, the City of Seaside Public Works department completed the Ellis Park improvement project in PY2022.  Cutino Park Improvement project: The City of Seaside Public Works department began the implementation of the Cutino Park improvement project and is on track to be completed in the current program year (2023). This project is supported by $250,000 in CDBG funding per year in fiscal years 2022/23 and 2023/24.

Strategic Goal 3: Provide quality facilities and infrastructure In PY2022, the City of Seaside funded the following capital improvement projects:
 Boys and Girls Clubhouse - Kitchen flooring project (CDBG allocation: $50,000; project completed). In PY2022, 503 LMI persons benefited from this project. It is anticipated that around 350 LMI persons will benefit from these improvements per year in the coming years.  Community Human Services - Genesis House Facility Exterior paint project (CDBG allocation: $40,000; project completed). In PY2022, 261 individuals received substance abuse and rehabilitative services. It Packet Page 335
City of Seaside CAPER 5
is anticipated that around 300 LMI persons will benefit from these improvements per year in the coming years.

Strategic Goal 4: Promote beautification
The City of Seaside did not fund any projects in support of this goal in PY2022. The City anticipated that the Veterans Transition Center (VTC) would begin implementation of the previously funded (in 2019 and 2020) housing rehabilitation project on the former Fort Ord to provide housing for homeless Seaside veterans. VTC was unable to commence the project in PY2022. This project has been cancelled. The funds ($83,974) allocated to this project will be reprogrammed into new activities and projects through a future Notice of Funding Availability (NOFA) process.

Strategic Goal 5: Prevent, prepare for, and respond to the coronavirus pandemic The City of Seaside did not fund any projects in support of this goal in PY2022. However, the City continued implementation of previsouly funded coronavirus response activities in PY2022, including the following:
 COVID-19 Immunization Clinics: Originally funded in PY2020, this activity was carried over to PY2022 with $45,048.00 in remaining funds. In PY2022, the City offered 11 COVID-19 clinics (benefitting 311 LMI Seaside residents) through Central Coastal VNA and Hospice Inc. COVID-19 clinics were set up in various community centers and hard-to-reach areas to ensure improve access to this service. This activity was completed in PY2022.
 COVID-19 Outreach: Originally funded in PY2020, this activity was carried over to PY2022 $6,783 in remaining funds. The City’s Fire Department spearheaded the City’s COVID-19 outreach efforts. This activity was completed in PY2022.

Strategic Goal 6: Program Planning and Administration
The City’s CDBG staff provided assistance with the administration and oversight of the CDBG and CDBG-CV projects and activities.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Table 1 provides numeric detail on activities completed in PY2022, and progress made toward meeting the Consolidated Strategic Plan goals and objectives:

Packet Page 336
City of Seaside CAPER 6
Goal Category Source /
Amount
Indicator Unit of
Measure
5-Year Strategic Plan 2022/2023 Program Year (Year 3)
Expected Actual Percent
Complete
Expected Actual Percent
Complete
Access to
Community and
Social Services
Non-Homeless Special
Needs
Non-Housing Community
Development
Other
CDBG(2022):
$68,766
Public service activities
other than Low/Moderate
Income Housing Benefit
Public service activities for
Low/Moderate Income
Housing Benefit
Persons
Assisted
5,000 2,341 59% 778 637 81%
Improve
accessibility to
persons with
disabilities
Non-Homeless Special
Needs
Non-Housing Community
Development
CDBG(2020):
$109,132
(Ellis Park)
CDBG(2021):
$198,076
(Ellis Park)
CDBG(2022):
$250,000
(Cutino Park)
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted
1,800 845 46% 7060 0 0%
Provide Quality
Facilities and
Infrastructure
Non-Homeless Special
Needs
Non-Housing Community
Development
CDBG(2022):
$50,000
(Boys and
Girls Club)
CDBG(2022):
$40,000
(Genesis
Hourse)
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted
1,800 2,255 125% 525 764 145%
Promote
Beautification
Non-Housing Community
Development
Homeless
CDBG(2019):
$43,974
(VTC)
CDBG(2020):
$40,000
(VTC)
Homelessness Prevention Persons
Assisted
15 15 100% 0 0 0%
Packet Page 337
City of Seaside CAPER 7
COVID-19
Preparation,
Prevention, and
Response
COVID-19 CDBGCV(2020):
$51,831
Public service activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted
20,000 15,903 79% 500 311 62%
Program
Planning and
Administration
CDBG Program
Administration
CDBG(2022):
$50,801
Other Other 5 er 60% 1 1 100%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Packet Page 338
City of Seaside CAPER 8
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

During PY2022, the City of Seaside focused on addressing the following priorities of the of the 2020- 2024 Consolidated Plan:
• Access to community and social services
• Improve accessibility to persons with disabilities
• Provide quality facilities and infrastructure
• Promote beautification
• Assist microbusinesses
• Prevent, prepare for, and respond to the coronavirus pandemic The City of Seaside’s primary objective is to use its CDBG funds to several target groups as identified in the 2020-2024 Consolidated Plan, which are:
• Extremely low-income and very low-income households
• Seniors
• Youth, primarily ages 6–17
• Persons with disabilities
Under the six objectives listed above, during PY2022 the City was able to accomplish the following:

Activity Category and Matrix Code Number of Beneficiaries Youth Centers (03D) 503
Neighborhood Facilities (03E) 261
Senior Services (05A) 232
Legal Services (05C) 122
Youth Services (05D) 166
Fair Housing Activities (05J) 58
Health Services (05M) 311
Homeless Services/Housing Information and Referral Services (05X) 59 TOTAL 1,712
Packet Page 339
City of Seaside CAPER 9
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 1174
Black or African American 143
Asian 79
American Indian or American Native 10
Native Hawaiian or Other Pacific Islander 15
Amer. Indian/White 9
Asian/White 8
Black/White 13
Amer. Indian/Black 0
Other 261
Total 1712
Hispanic 818
Not Hispanic 894
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
Table 2 above shows the race and ethnic distribution of persons who received assistance or services through the CDBG program during the 2022 program year. The City strives to make all of its programs and activities available to eligible low- and moderate-income residents regardless of sex, race, religious background, or disability. All of the CDBG-funded public service programs, including senior services, youth services, and housing counseling, are available to residents citywide. Projects that focus on facility or infrastructure improvements are generally limited to the CDBG target area or group to help make sure they benefit as many low- and moderate-income residents as possible Packet Page 340
City of Seaside CAPER 10
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of
Funds
Source Resources
Made Available
Amount Expended
During Program
Year
CDBG public - federal 356,647 175,765
Other Program Income 102,920 74,915
Table 3 - Resources Made Available
Narrative
During PY2022, which began on July 1, 2022 and ended on June 30, 2023, the City of Seaside received $356,647 in CDBG allocation and $102,920 in program income.

The City also carried forward the following projects from PY2019, PY2020, and PY2021 to PY2022. While some of these projects were completed in PY2022, others have been cancelled.  Veterans Transition Center, duplex renovations, carried forward balance $43,974 from PY2019.

This project did not commence in PY2022 and has been cancelled. The City intends to reprogram these funds through a future NOFA.
 Veterans Transition Center, duplex renovations, carried forward balance $40,000 from PY2020.

This project did not commence in PY2022 and has been cancelled. The City intends to reprogram these funds through a future NOFA.
 City of Seaside Engineering, Ellis Park improvements, carried forward balance $109,132 from PY2020 and 198,076 from PY2021. The City commenced the implemention of this project in PY2021 and was completed in PY2022.
 COVID-19 vaccination clinics and outreach: The City continued its coronavirus response services (COVID-19 clinics and outreach) using the carryover balance of $51,831 from PY2020. These activities were completed in PY2022.
 Microenterprise Assistance carried forward balance $14,486. No activity was undertaken in support of this activity. The City intends to reprogram these funds through a future NOFA.

Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 100 100 In PY2022, The City of
Seaside utilized
CDBG funds for LMC
activities throughout
the City
Table 4 – Identify the geographic distribution and location of investments Narrative
Packet Page 341
City of Seaside CAPER 11
Funds expended during PY2022 were primarily used for Low-and Moderate-Income Clientele (LMC) activities serving Low-and Moderate-Income persons residing within and throughout the City of Seaside.

Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

The CDBG program has no matching requirement. Applicants for funding are asked to provide financial information in their application to indicate capacity to carry out the activity/project.

On occasion, there are projects utilizing a variety of funding sources such as the Veterans Transition Center utilizing a combination of funding for their regional project. The City is actively pursuing grants and awards for projects not otherwise funded with CDBG monies. For instance, the Ellis Park improvement project, in addition to CDBG funds, will use over $300,000 in Prop 68 State Grant and the City’s General Fund monies.

Packet Page 342
City of Seaside CAPER 12
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 0 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

The Community and Economic Development Services staff is charged with the continuing responsibility to forge new partnerships with other public agencies at the federal, state, and local level as well as with private housing developers and nonprofit organizations. Additionally, the City works closely with a diverse group of nonprofit organizations to provide CDBG public service subrecipient funding.

Some of the currently underway housing initiatives and projects are as follows:

Accessory Dwelling Units (ADU) Efforts
The City of Seaside encourages the development of Accessory Dwelling Units (ADUs) in existing residential neighborhoods. Building ADUs is seen as a way to increase the City’s housing supply, aid is Packet Page 343
City of Seaside CAPER 13
addressing the current housing crisis, and assist existing homeowners by providing an avenue for additional rental income.

To encourage ADU development, the City Council has removed some ADU building permit fees, streamlined the plan check process and set aside a water allocation to be provided exclusively to ADU applicants. From January 2020 to August 2021, forty-two (42) property owners have applied for building permits to create new or legalize existing ADUs. Forty (40) applicants have been approved for water allocations for their new ADU projects, and five (5) ADU building permits have been finalized and received occupancy certificates.

Campus Town
The Campus Town project would allow for the development of 1,485 housing units, 250 hotel rooms, 150,000 square feet (sf) of Retail, Dining, and Entertainment, and 50,000 SF of Office, Flex, Makerspace (collaborative workspace) and Light Industrial, as well as park/recreational areas (including approximately nine acres of public open space and 3.3 acres of private open space), roadways, parking and supporting infrastructure, on approximately 122.23 acres generally located south of the California State University, Monterey Bay campus. Of the 1,485 housing units, 297 will be designated as affordable housing units. The project is proceeding through the planning process may break ground in early 2022.

Ascent
The Ascent project will be the first new multi-family housing project to be built in Seaside in over 20 years, and will include a significant amount of affordable housing. Seaside City Council approved the project in November of 2019. The project is a ten building workforce rental housing development consisting of 106 one bedroom, two bedroom, three bedroom units and townhouses along Olympia Ave and Broadway Ave, with 16 of those being affordable units. The project is also proposing 4,000 square feet of retail space, a shared vehicular court and green space areas for residents. This development will accelerate the City's improvements for the Downtown district and realize the City priorities of growing upward, increasing our affordable housing supply and becoming more transit and pedestrian-friendly.

The developer recently submitted project plans for permit approval. The project should break ground by fall of 2021.

Parker Flats Apartments
The Parker Flats Apartments project consists of the rehabilitation and renovation of two (2) existing former military nursing barracks on the former Fort Ord to create a total of forty (40) two-bedroom multi-family residential units. The Developer will restrict eight (8) rental housing units to occupancy by low-income households for a period of thirty (30) years. The project has been approved by City Council and in the process of developing plans for submission for planning approval.

Discuss how these outcomes will impact future annual action plans.

Packet Page 344
City of Seaside CAPER 14
There continues to be a need for housing units for extremely low-, very low- and low- income households. In response, the City will continue to explore opportunities with regional public service providers, local nonprofit housing developers, and neighboring jurisdictions for the development of new housing units in the region.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 7 – Number of Households Served
Narrative Information
Allocations to public services serve primarily low to moderate-income individuals and families.

Seaside is not currently a participant in HOME funding.

Packet Page 345
City of Seaside CAPER 15
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e);

91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City has established a Homeless Commission to devise strategies and priority actions to expand homeless services and provide supportive housing opportunities to elderly persons, disabled veterans, and other persons with special needs. Some of the specific strategies the City’s Homeless Commission and City staff have implemented include:
 Collaborative engagement with homeless persons during outreach efforts and campaigns to assess needs
 Encampments, Mobile Crisis Response, Vaccine Clinics, Food Distribution Sites  Participation in local and County meetings in which some homeless individuals attend for opportunities to advocate for needs if accessibility is possible During PY2022, the City continued its partnership with the Community Human Services and Gathering for Women which provide transitional housing to homeless. Additionally, the City’s Family & Community Support Practitioner sought out homeless individuals and families to provide outreach services, which include connecting clients with immediate resources such as mental health services, general health services, substance abuse services, income services, identification documents and other documents necessary to help homeless persons meet the ultimate goal of finding shelter and housing.

The City also intends to strengthen its collaboration with the Coalition of Homeless Services Providers (CHSP), which is the primary nonprofit organization for homeless support in Monterey and San Benito Counties. CHSP is a coalition of 11 service provider agencies for homeless persons, persons with AIDS/HIV, and other persons with special needs. The Coalition is the County’s designated Continuum of Care (CoC) Coordinator.

Addressing the emergency shelter and transitional housing needs of homeless persons During PY2022, the City focused on and implemented the following actions and initiatives. These efforts were not sponsored by CDBG funds.
• Provision of hotel vouchers for emergency shelter access as appropriate and available • Established temporary encampments/safe parking sites, and shelter during Pandemic • Collaborative engagement with County and City leaders, and the Coalition of Homeless Service Providers to assess, plan, and advocate for resources and funding that support preventive measures for LMI individuals and families
Packet Page 346
City of Seaside CAPER 16
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs During PY2022, the City focused on and implemented the following actions and initiatives. These efforts were not sponsored by CDBG funds:
• Linked individuals and families to County benefits including rental assistance, and Cash-Aid to pay landlords and avoid eviction
• Connected individuals discharged from publicly funded institutions to shelters, and obtain hotel vouchers
• Collaborative engagement with County and City leaders, and the Coalition of Homeless Service Providers to assess, plan, and advocate for resources and funding that support preventive measures for LMI individuals and families
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
During PY2022, the City focused on and implemented the following actions and initiatives. These efforts were not sponsored by CDBG funds.
• Provide referrals and linkages to community and County housing programs to receive case management support in navigating housing resources and programs • Collaborative engagement with County and City leaders, and the Coalition of Homeless Service Providers to assess, plan, and advocate for resources and funding that support preventive measures for LMI individuals and families
Additionally, in response to the COVID-19 global pandemic and the ensuing economic decline, the City sought funding from the County of Monterey to help Seaside residents and families at risk of becoming homeless and being evicted. On March 5, 2021, City of Seaside was awarded $575,000 from Monterey County and United Way’s SB91 Emergency Rental Assistance Program (ERAP). This funding was used for the City of Seaside’s Residential Rent and Utility Assistance Program which assisted hundreds of Seaside residents in maintaining rental housing and essential utilities during the COVID-19 pandemic. The program assists Seaside residents who are facing housing instability because of loss or reduction in Packet Page 347
City of Seaside CAPER 17
income due to the COVID-19 crisis, whose annual income is less than 80% of Area Median Income (AMI), and who are behind on rent or utility payments.

CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City does not own any public housing and the 2024 Consolidated Plan does not include plans to construct or operate public housing. However, there are several subsidized housing units scattered throughout the City, which are managed by the Housing Authority of Monterey County (HAMC) as well as other non-profit organizations. During PY2022, HAMC had 186 families/individuals that were participants in the Housing Choice Voucher Program residing/leasing in the City of Seaside.

HAMC is the primary public organization for affordable housing and supportive services in the area and manages the Section 8 Housing and Family Self-Sufficiency Programs. Both programs are essential to meeting the City of Seaside’s low-income housing needs. The Housing Authority collaborates with a broad spectrum of community non-profits, city and county agencies as well as state organizations to address affordable housing and housing shortage issues.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
HACM has taken the lead in developing innovative models to enable the homeless and other lowincome families to achieve economic independence and self-sufficiency. Their multi-faceted plan to improve the operation of public housing units and assist clients toward self-sufficiency is detailed in their periodically updated Five Year Action Plan. HACM converted all public housing units countywide to Project-Based Rental Assistance.

Actions taken to provide assistance to troubled PHAs
HUD has not designated the Housing Authority of Monterey County (HAMC) as “troubled”.

CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City has undertaken a number of actions to reduce potential barriers and constraints to affordable housing and housing for special needs populations. These actions include identifying funds in support of affordable housing development and offering fee reductions, regulatory incentives, density incentives, Packet Page 348
City of Seaside CAPER 18
and the operation of a home rehabilitation and repair program, as well as several other options. Details of these actions can be found in the City’s 2015–2023 Housing Element. The Housing Element includes a thorough analysis of governmental and regulatory barriers to affordable housing. The City has been aggressive in pursuing affordable housing development opportunities and has mitigated regulatory barriers as effectively as possible.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) As part of the Consolidated Plan, the City identified several obstacles to meeting needs that are particularly difficult to achieve in the City. Below are some of the actions the City is taking to overcome the obstacles:
• Increase development, preservation, and rehabilitation of affordable housing for low-income and special needs households.
• Provide assistance for the homeless and those at risk of becoming homeless through collaborations with other agencies.
• Provided assistance to low-income and special needs households. • Provided public facilities improvements to strengthen neighborhood revitalization. • Cooperate with, and provide assistance to, for-profit and non-profit developers to facilitate construction of housing units through new housing development. • Provided rental and utility assistance to hundreds of LMI Seaside households through the Rental Assistance Program, which is funded through Monterey County and United Way’s SB91 Emergency Rental Assistance Program (ERAP).

The City also continued to address the lack of funding for the needs identified in the Consolidated Plan by rigorously managing HUD CPD funds through a citizen engagement process, monitoring, and providing technical assistance to subrecipients, while also pursuing new funding sources.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City did not conduct any activities for which lead-based paint clearance was necessary in 2022.

However, the City does conduct a visual assessment to identify lead-based paint hazards when necessary and contracts with certified lead-based paint inspectors as required by state law. The brochure published by the US Environmental Protection Agency entitled "Protect Your Family from Lead in Your Home" is linked on the City website and is available at the Seaside Creates office at 656 Broadway. This brochure is also available at the Seaside Library. The brochure and others are available on the US EPA website https://www.epa.gov/lead/documents-and-outreach-materials.

The City encourages contractors for CDBG project to use Section 3 contractors and/or employees. All subrecipients undertaking construction projects are encouraged to specifically invite Disadvantaged Business Enterprises (including women-owned) to bid.

Packet Page 349
City of Seaside CAPER 19
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) During the program year, the City worked with the following organizations that focus on increasing selfsufficiency among lower-income populations:
 70 LMI girls (aged 9-18) received self-confidence and self-esteem improvement coaching through the Girls, Inc. of the Central Coast at the following schools: Seaside Middle School, Ord Terrace Elementary School, and Martin Luther King Jr School of Arts.  96 LMI students received after school tutoring and meals through the Greater Victory Temple.  122 LMI seniors received free legal services through the Legal Services for Seniors.  232 LMI homebound elderly (over 75 years old) persons received 3 meals a day through the Meals on Wheels of the Monterey Peninsula.
 53 LMI persons received fair housing and tenant-landlord services through the Eden Council for Hope and Opportunity (ECHO). ECHO also completed systemic audit of 5 sites.  42 LMI unique single women received shelter and 3 meals a day at Casa de Noche Buena through Gathering for Women – Monterey.

Additionally, on March 5, 2021, City of Seaside was awarded $575,000 from Monterey County and United Way’s SB91 Emergency Rental Assistance Program (ERAP). This funding was used for the City of Seaside’s Residential Rent and Utility Assistance Program and assisted hundreds of Seaside residents in maintaining rental housing and essential utilities during the COVID-19 pandemic. The program assisted Seaside residents who were facing housing instability because of loss or reduction in income due to the COVID-19 crisis, whose annual income was less than 80% of Area Median Income (AMI), and who were behind on rent or utility payments.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) City staff works throughout the year to increase institutional structure, both within the City and throughout our partner agencies. This is accomplished through providing technical assistance on federal grant management requirements, such as growing their knowledge of Davis-Bacon requirements, financial management and other grant management procedures. Staff maintains contact with partner agencies throughout the year, offering referrals for funding and training opportunities where appropriate. All policies and procedures related to internal grant management procedures are reviewed and updated when areas of opportunity for efficiency and collaboration are identified.

The City continues to participate with other local jurisdictions in sharing information and resources regarding CDBG and other housing programs. In PY2022, the City collaborated with multiple public service organizations to identify and address the needs and concerns of City residents.

During PY2022, the Cit’s Community Development Advisory Committee (CDAC) held several meetings concering the CDBG program. CDAC provides advice and recommendations to the City Council on all Packet Page 350
City of Seaside CAPER 20
policy issues relating to the Consolidated Plan, the Annual Action Plan, the CDBG Program. CDAC also plays an integral role in the in the continuous monitoring and oversight on the use of CDBG funds.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City benefits from a strong jurisdiction and region-wide network of housing and community development partners, such as Coalition of Homeless Services Providers (CHSP) which is the lead agency and collaborative applicant for CA-506 Monterey/San Benito Counties Continuum of Care (CoC). To improve intergovernmental and private sector cooperation, the City participated with other local jurisdictions and developers in sharing information and resources.

The City is exploring options to produce affordable housing through activities that provide rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units. This includes housing for homeless, non-homeless, and special needs households. The Finance Department coordinates loan monitoring of the recipients of CDBG home improvement loans issued in previous years. These loans were monitored for compliance in the program (residency, insurance, etc).

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) A regional Analysis of Impediments (AI) to Fair Housing Choice was completed in 2019. The AI recommended policies and actions to respond to the fair housing impediments identified in the document. The document states that the primary impediments to fair housing choice are access to affordable housing and knowledge of fair housing services. The City has implemented the following in response to the impediments identified in the AI:
• City staff continues to contract with a fair housing provider to conduct outreach and education regarding fair housing for home seekers, landlords, property manager, real estate agents, and lenders. In PY 2022, the City supported the Eden Council for Hope and Opportunity (ECHO) through CDBG funding. ECHO provides fair housing, tenant and landlord counseling, dispute resolution services, and rental mediation activities.
 The City displays fair housing materials at City Hall, and copies of these materials are free to the public. Fair housing information is sent free of charge to those who request it. In addition, the City promotes fair housing awareness in its housing programs and works with housing providers in the city to ensure the fair and equitable treatment of persons and households seeking housing in Seaside.
 The City will periodically review the Zoning Ordinance to ensure regulations are consistent with fair housing laws and do not constrain housing production. If particular zoning requirements impede fair housing or production, the City will amend the regulations.  The City will continue to support the Housing Authority of Monterey County to ensure adequate outreach to minority, limited English proficiency, and special needs populations regarding the Packet Page 351
City of Seaside CAPER 21
availability of public housing and Section 8 vouchers.
 The City will continue to plan for higher residential and employment densities where appropriate to maximize linkages between employers and affordable housing.  The City will continue to work with local transit agencies to facilitate safe and efficient routes for the various forms of public transit.

The City has always been concerned about poverty and has recognized the need of its citizens to live in safe and sanitary housing in decent neighborhoods. The City’s first three redevelopment projects, Noche Buena, Del Monte Heights, and Hannon redevelopment projects, were exclusively residential projects providing decent housing in an urban environment.

CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City follows monitoring procedures for subrecipients, which includes in-house review of quarterly progress reports and expenditures, and an annual desk or on-site visit to ensure compliance with federal regulations. The monitoring system encourages uniform reporting to achieve consistent information on beneficiaries. Technical assistance is provided throughout the program year on an as-needed basis.

Additionally, the City follows HUD-approved procurement guidelines and tracks both Section 3 and MBE/WBE participation in all federally funded public contracts. The City also regularly contracts with minority business owners for its small home repair grants program. The City also participates in regional planning efforts, including the regional Assessment of Fair Housing in partnership with the other jurisdictions of Monterey County.

In PY2022, City staff met with the subrecipient staff responsible for each activity prior to the beginning of the program year. All subrecipients were informed of the obligations to collect the required information on income, household composition, and race and ethnicity. The City also provided information on subrecipient agreement policies, data collection, and financial management. The City recommended that each subrecipient and the facilities project sponsors read the “Playing by the Rules” guide produced by HUD. Staff provided guidance and assistance to public service providers in the form of improving the collection of data on persons served and documenting services provided. Staff has implemented tracking of grant budgets and expenditures within City accounting systems that mirror IDIS and are regularly reconciled to IDIS.

During PY2022, staff examined each subrecipient’s quarterly progress toward performance targets.

Public services subrecipients are set up in the reporting software to report their service population quarterly. Each subrecipient agreement contains provisions for reductions to or suspensions Packet Page 352
City of Seaside CAPER 22
of payments in the event that targets are not being met (without valid reason) or when past performance issues have not been resolved. The City has placed emphasis on its subrecipients gathering complete and accurate information on the persons and/or households they serve, and regularly reporting on progress.

The City also conducted remote subrecipient monitoting for Fiscal Years 2020-2021 and 2021-2022. The subrecipient monitoring process began in Febraury 2023 and concluded in June 2023. At the conclusion of the subrecipient monitoring, the City did not identify any findings or significants concerns.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The 2022 CAPER was made available for public review and comment for at least a 15-day period, from August 28, 2023, through September 11, 2023. It was posted on the City website at www.ci.seaside.ca.us/CDBG and available at the following locations:
 Seaside City Hall located at 440 Harcourt Ave, Seaside, CA 93955  Seaside Public Library located at 550 Harcourt Ave, Seaside, CA 93955  Seaside Fire Station located at 1635 Broadway Ave, Seaside, CA 93955  Oldemeyer Community Center located 986 Hilby Ave, Seaside, CA 93955 A notice (in English and Spanish) was published in the Monterey County Weekly. The public contact and nonprofit agencies email lists created during the development of the Consolidated Plan were notified of the publication of the Draft CAPER.

On September 7, 2023, the Seaside City Council held a public hearing on the CAPER and to receive any additional public comment. Public Comment at the City Council Meeting consisted of the following comments: TBD
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

PY2022 was one of new insights, significant adjustments, skill building, and organizational improvements for the City and its subrecipients. Despite some continued disruption of the COVID-19, the City and its subrecipients continued to serve Seaside residents through innovative programming and activities.

Packet Page 353
City of Seaside CAPER 23
In PY2022, the City participated in remote monitoting by HUD. The monitoring identified two findings and three concerns. The City is working toward addressing these concerns and findings in the near future. One of the City’s objectives is to update its program policies and procedures in PY2023.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

Not applicable.

Packet Page 354

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: September 7, 2023
SUBJECT: APPROVE THE SEASIDE STARS AD-HOC COMMITTEE

RECOMMENDATIONS, AUTHORIZE THE CITY MANAGER TO

EXECUTE THE CONTRACTS WITH FMG CUSTOM CONCRETE,
AND AMEND THE 2023-2024 FISCAL YEAR BUDGET
APPROPRIATING $58,784.00 FROM THE GENERAL FUND.

RECOMMENDATION
Review and approve the Seaside Stars Ad-Hoc Committee recommendations for the 2023 recipients of the stars, policy updates, and staff recommendations for design, installation, authorize the City Manager to execute the contracts with FMG Custom Concrete, and amend the 2023-2024 fiscal year budget.

BACKGROUND
The Seaside Stars policy "formerly the Broadway Walk of Fame policy" was approved by the City Council on February 3, 2022. The “Seaside Stars” will provide a unique attraction that enhances and encourages a walkable downtown. Each star (aka plaque) will honor local Seaside residents and serve as a living historical record of our achievements as a community.The ultimate goal is to honor those individuals who have made a significant and lasting contribution to the quality of life, and who have, indeed, cast a long shadow on Seaside's history.

The primary purpose of the ad hoc committee is to review and score the nominee applications and make recommendations to the City Council on which nominee should receive a star each year. The committee also reviews the Seaside Stars Policy, location map for new stars, and recommends changes as necessary.

Timeline of Committee Work:

Packet Page 355

Item No. 10.A. Page 2 of 4
May 17, 2023: Held introductory meeting for the second cycle and received a report detailing the number of nominees and reviewed if any of the current committee members had any conflicts of interest with the current nominees. It was determined that there were multiple conflicts, and those committee members needed to recuse themselves from the process.

June 21, 2023: Held introductory meeting with the newly appointed committee. Gave an update on the program, reviewed the nominees, and then discussed the application review process. The Committee members received the policy and the applications to review and score.

July 5th, 2023: There was a discussion on making a policy change. They also discussed the ranking of the 14 applications and submitted their scores.

July 12, 2023: The committee reviewed the drafted policy change and approved it for recommendation to the City Council. They received the scores for the ranked applications and had a discussion and received a report on the final ranking of all the nominations and approved the top 6 candidates listed to be forwarded to the Council for approval. They also reviewed the new star design.

August 9, 2023: The committee reviewed the new logo for the program, and finalized placement recommendations for the plaques. This also included approving the removal of the first cycle of the stars and replacing them with a new star design to maintain consistency with the program. The committee also reviewed their previous recommendations to finalize one last time before the recommendation to council. It was during this meeting that they decided that they would like to include a seventh star in this cycle due to the closeness of the rankings. They also approved the placing of plaques at locations inside of the current blocks, and they would like to replace the current "Title" plaques placed on Broadway and Contra Costa and Broadway and Santa Barbara with nominee plaques, and move the title stars back one block. They also recommend changing the "Title" star to a recognition star, with one recognizing the City Council that approved the program, and the other recognizing the two founding members of the ad-hoc committee.

Plans for phase two Unveiling:

Staff is proposing a block party with a Seaside Stars induction ceremony, ribbon cutting with an invitation to the community to mingle and walk to see our newly installed Seaside Stars. The date for the event is to be determined as it will depend on the ability of the contractor to obtain all of the supplies needed for the installation. The estimated timeline is six to eight weeks from the time the order is made with the elements for each star. This is also dependent on the weather.

Policy Recommendations:

During the review process of the applications, the committee brought up a concern Packet Page 356

Item No. 10.A. Page 3 of 4
about a couple of the nominees who were either current City employees or current members of the City Council. The current policy does not have specific language that states that nominees can not be current City Officials or City employees. However, it does state in "Section I. Purpose" This program will align with the Parks, Recreational Facility, City owned building, and street naming policy as appropriate. In that policy, it states in "Section C Commemorative Street Names and Plaques 3c": Naming after an individual who has served as a City Official or as a City employee shall occur after the person has been separated from City service.

With that, the committee recommends that Seaside Stars policy makes the following change to be in alignment with the Parks, Recreational Facility, City-owned building, and street naming policy.

Nominations for an individual who is currently serving as a City Official or a current City employee shall occur after that person has separated from City service for at least a three (3) month period to be considered for a star.

Installation
FMG Custom Concrete, who created the stars for the first phase of the program, has submitted an estimate for phase two. They have also submitted an estimate for the removal and replacement of the initial stars with the new design so all stars on Broadway will match.

The Adhoc Committee and staff are requesting the following recommendations to council for approval:
6 nominee recommendations with a potential seventh (applications attached) Plaque Designs and Installation locations (attached)
Policy recommendations (attached)
Execute the contract with FMG Custom Concrete
Amend FY 23/24 budget and appropriate the additional funds for the program.

FISCAL IMPACT
The Council approved $46,504 in fiscal year 23/24 for phase two of the program. 1 14"x14" Plaque = $6082.00
6 plaques = $36,492.00
*7 plaques = 42,544.00*
6 plaque balance: $10,012.00
7 plaque balance: $3,960.00
The removal and replacement of the original stars was not budgeted in fiscal year 23/24, and staff recommended amending the budget appropriating the funds from the Packet Page 357

Item No. 10.A. Page 4 of 4
general fund.

Removal and Replacement of 1 14"x14" Plaque = $7,348.00 6 nominee plaques = $44,088.00
2 title plaques = $14,696.00
Total = $58,784

ATTACHMENTS

1. Resolution 2023

2. Final List 2023

3. SeasideStarsProofSheet-01

4. FMG CONCRETE DRAFT PSA 2023 - Short Form

5. policy update recommendations 2023

6. Installation estimate 2023

7. Remove and replace estimate 2023

8. Seaside Stars phase 2 locations

9. Knight, Dr. Charlie_Application

10. Choates, Darryl L. _Application

11. Edwards, Herman Lee _Application

12. Mason, Mel _ Application

13. Williams, SFC Roosevelt_Application

14. Brown, Tim_Application

15. Cline, Kay_Application
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 358
RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE SEASIDE STAR ADHOC COMMITTEE AND STAFF

RECOMMENDATIONS FOR IMPLEMENTATION, DESIGN, INSTALLATION AND POLICY
WHEREAS, The Seaside Stars policy was approved by the City Council on February 3, 2022. The “Seaside Stars” will provide a unique attraction that enhances and encourages a walkable downtown; and
WHEREAS, each star (aka plaque) will honor local Seaside residents and serve as a living historical record of our achievements as a community; and WHEREAS, The ultimate goal is to honor those individuals who have made a significant and lasting contribution to the quality of life – who have, indeed, cast a long shadow on Seaside's history; and
WHEREAS, The purpose of the ad hoc committee is to make recommendations on the design of the plaque and to assist staff regarding placement recommendations on Broadway for the each cycle of the program; and
WHEREAS, the ad hoc committee is recommending the following community members to receive a plaque on the Broadway Avenue for the second cycle:
• Mel Mason Community and Social Equality
• Dr. Charlie Knight Education
• Roosevelt Williams Community and Social Equality
• Darryl Choates Civics and Government
• Herman Edwards Athletics & Competition
• Tim Brown Civics and Government
If there is enough funding, the committee recommends adding a seventh plaque to this cycle for:
• Kaye Cline Environment & Conversation; and
WHEREAS, The committee recommends the removal and replacement of the original plaques with the new design, and continue with the placement for the new plaques throughout the blocks on Broadway between Hillsdale and Calaveras; and Packet Page 359
WHEREAS, The committee also recommends changing the original "Title" plaques to honor the City Council and the Ad-Hoc committee members who founded the program, and that they be moved from their current locations on Broadway and Hillsdale, and Broadway and Calaveras to Broadway and Contra Costa, and Broadway and Santa Barbara marking the entrances to the Seaside Stars; and
WHEREAS, the Seaside Stars unveiling be held on a Saturday once the plaques have been fully installed which will be a wonderful opportunity to activate our downtown.

Staff is proposing a block party with a Seaside Star induction ceremony, ribbon cutting and an invitation to the community to see our new star recipients; and WHEREAS, The following policy updates are recommended to ensure the selection and plaque installation process remains fair and equitable:
• Nominations for an individual who is currently serving as a City Council Member, or a current City Employee shall occur after the person has separated from City service for at least a three (3) month period in order to be considered for star; and
WHEREAS, FMG Custom Concrete has bid on the Broadway Walk of Fame project, and will create and install the plaques on Broadway Avenue. One 14"x14" plaque is $6082.00, six plaques will be $36,492.00, and the removal and replacement of the original plaques is $7,348.00 each and for the eight plaques it will be $58,784.00; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside do hereby direct the City of Seaside City Manager to accept and execute on behalf of the City Council, the Seaside Star ad-hoc committee and staff recommendations for implementation, design, installation and policy.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of September 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
___________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Packet Page 360
Dominique Davis, City Clerk
Packet Page 361
Seaside Stars Recommendations to Council
Nominee Category
Mel Manson Community & Social Equity
Dr. Charlie Knight Education
Roosevelt Williams Community & Social Equity
Darryl Choates Civics & Government
Herman Edwards Athletics & Competition
Tim Brown Civics & Government
Kay Cline Environment & Conservation
Packet Page 362
Packet Page 363

SEASIDE STARS
Rev. 2/19 Page 1 COS PSA- Short Form

CITY OF SEASIDE

PROFESSIONAL SERVICES AGREEMENT
SEASIDE STARS+ PLAQUE INSTALLATION
This agreement is made by and between the City of Seaside (City), and FMG Custom Concrete (Consultant).

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

C. Compensation: The City shall pay consultant on a time and materials basis in accordance with the standard billing rates shown in Exhibit B, attached hereto, not to exceed ONE HUNDRED ONE THOUSAND THREE HUNDRED FIFTY EIGHT DOLLARKS ($101,358.00)
D. Expense Reimbursement: City will reimburse for professional services and expenses at cost upon submission of receipts. FMG can invoice for a down payment of 10% (of the project), which will to go towards the overall cost of installation services.

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

F. Term: The term of this agreement shall commence on September 7, 2023 and terminate March 31, 2023.

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

H. Indemnity: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, Packet Page 364

Page 2 of 8 ends

costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence.

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

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

Page 3 of 8 ends

connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

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

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

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

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

M. Assignment
a. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, FMG Custom Concrete, American Metal works and Monterey Signs shall perform the services described in this Agreement. b. FMG Custom Concrete may use assistants under his/her supervision to perform services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of American Metal works and Monterey Signs from Consultant's employ. Should he/she leave Consultant's employ, the City shall have the option to immediately terminate Packet Page 366

Page 4 of 8 ends

this Agreement, within three (3) days of the close of said notice period.

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

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

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

Packet Page 367

Page 5 of 8 ends

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

Approved:

Dated: ____________________ CONSULTANT
___________________________________
By: Fermin Gonzales
Title: CEO FMG Custom Concrete
Address: ____________________________
____________________________________
Dated: _____________, 2022 City of Seaside:
_______________________
By: Jaime Fontes
Title: City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Consultant’s Estimate of Services
Packet Page 368

Page 6 of 8 ends

Exhibit A
Scope of Work

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

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

3. Removal of the eight original stars, and replace them with the new Star design.

4. Six or seven new stars will be installed

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

6. When installing the plaques
a. The contractor will match the existing saw cut lines. If the contractor cuts past the square for the walk of fame star, they will need to notify the City and patch the area as needed.
b. If the rebar is cut during the installation, the contractor will tie rebar back into the existing.
c. If the cut rebar is epoxy coated, contractor must apply epoxy to cut ends before the rebar is tied in the existing.

Map of installation
Location of original plaques
Tentative new placement for the title plaques
Tentative placement for new plaques
Packet Page 369

Page 7 of 8 ends

Exhibit B
Consultant’s Estimate of Services
Packet Page 370

Page 8 of 8 ends

Packet Page 371
Council Approved: February 3, 2023
Amended: 4/29/2023
1 SEASIDE STARS POLICY
I. Purpose
The “Seaside Stars” will provide a unique attraction that enhances and encourages a walkable downtown.

Each star will honor local Seaside residents and serve as a living historical record of our achievements as a community.

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

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

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

1. Athletics and Competition

2. Arts and Performing Media

3. Civics and Government

4. Community and Social Equality

5. Education

6. Environment and Conservation

7. Journalism and Literature

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

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

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

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

4. Contributing a significant historical impact.

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

6. Contributing to the quality of life of our citizens

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

8. Extraordinary effort to overcome challenges to achieve contribution.

9. Fostering the spirit of our community.

Packet Page 372
Council Approved: February 3, 2023
Amended: 4/29/2023
2 10. Making lasting and significant contributions to the protection of natural or cultural resources of the City of Seaside.

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

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

13. Providing economic development or redevelopment activity.

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

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

C. Nominations for an individual who is currently serving as a City Council Member or a current City Employee shall occur after the person has separated from City service for at least a three (3) month period to be considered for star.

III. Seaside Stars Committee
A. The purpose of the Committee is twofold:

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

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

B. Seaside Stars Committee will consist of a combination of commissioners made up of C-Jobs, Art & History, and Seaside Residents. A maximum of two members from each commission and a maximum of three Seaside residents to be selected by the Mayor. There will be a minimum of 5 members with a maximum of 9 members total.

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

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

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

Packet Page 373
Council Approved: February 3, 2023
Amended: 4/29/2023
3 B. All complete applications received will be forwarded to the Committee for review and consideration.

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

D. The applicant shall be able to provide clear evidence that the individual to be honored has made a significant contribution to the Seaside community based on the eligibility criteria.

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

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

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

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

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

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

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

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

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

VIII. City Council Review Process:

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

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

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

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

Packet Page 374
Council Approved: February 3, 2023
Amended: 4/29/2023
4 D. The Council has the authority to modify this program as needed in order to meet the policy objectives.

E. The City Manager or designee will manage the Seaside Stars program and support the Committee in its assigned duties.

Packet Page 375
Council Approved: February 3, 2023
Amended: 4/29/2023
5 SEASIDE STARS APPLICATION
Name of Nominee: _______________________________ Mailing Address: ___________________________ City / State: _____________________ Phone: ____________________ E-mail: ________________________ Applicant or Group: (if different from nominee): _____________________ Mailing Address: _______________ City / State: _____________________ Phone: ____________________ E-mail: ________________________ Please select the nomination category (no more than one category may be selected):

Has the nominee served as a Member of the Seaside City Council, or as a City Employee?

If yes, when did they serve?_____________________________________________________ The Seaside Stars nominees must have made a consistent and positive impact in three or more of the areas listed below, please select the supporting criteria below:

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

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

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

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

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

Contributing to the quality of life of
our citizens.

Providing economic development or
redevelopment activity.

Enhancing Seaside as a place to
live, work, or visit.

Contributing significant historical impact.

Fostering the spirit of our
community.

Extraordinary effort to overcome challenges to
achieve contribution.

Making lasting and significant
contributions to the protection of
Contributing to the health and safety of our
citizens.

Packet Page 376
Council Approved: February 3, 2023
Amended: 4/29/2023
6 If no, please explain why:
________________________________________________________________________________________ Please provide written justification supporting your nomination for the Seaside Stars or provide additional comments related to this application. Attach additional pages or supplemental information, if applicable.

Consider the following:

Why do you feel this nominee’s contribution is significant; Why you consider the nominee’s contribution to be long lasting or even timeless; What specific impact has the nominee’s contribution made on the quality of life in Seaside?
JUSTIFICATION:
________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Please attach petitions and/or letters of support from City community groups and organizations.

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

Please return completed application to:

City of Seaside – City Manager’s Office, 440 Harcourt Avenue, Seaside Ca 93955 Email: [email protected], Subject: Seaside Stars Application natural or cultural resources of the
City of Seaside.

Providing positive opportunities for
the future of our youth.

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

Question YES NO
Is the Nominee aware of the Seaside Stars nomination?
**This question is informational and not related to the criteria section** Packet Page 377

Broadway walk of fame concrete plaques
14 x 14 concrete square with brass inlay design
Estimate price per concrete plaque.......... 6,082
Price includes-
. All materials
. Cutting concrete for plaque
. Demo out of old concrete
. Haul away of broken concrete
. Brass star inlay
. Brass seahorse
. 1.5 inch high brass letters (rate is at $45 each letter) . 6.75 inch precision tool brass Diamond shape
. Colored concrete
. Set up concrete form
. install steel rebar
. Pour black concrete on outer star
. Pour blue concrete on interior of star
. Install inlay brass pieces
. Strip all concrete forms
. Install finished concrete plaque in city sidewalk
. Installation of nonslip sealer
. All clean up
Estimate for The City of Seaside
FMG Custom Concrete
1222 prospect st. Seaside Ca.
93955
office: (831) 884-5999
cell: (831) 869-1607
Thursday, August 3, 2023
California State License Board
P.O. Box 26000
Sacramento, C.A. 95826
C.A. LIC# 1010708
Packet Page 378

Broadway walk of fame concrete plaques remove and replace 14 x 14 concrete square with brass inlay design
Estimate price per new concrete plaque………………………. 6,082
Estimate for Demo and removal of ALL original plaques.…… 1,266 Price includes-
. All materials
. Cutting concrete for plaque
. Demo out of old concrete
. Haul away of broken concrete
. Brass star inlay
. Brass seahorse
. 1.5 inch high brass letters (rate is at $45 each letter) . 6.75 inch precision tool brass Diamond shape
. Colored concrete
. Set up concrete form
. install steel rebar
. Pour black concrete on outer star
. Pour blue concrete on interior of star
. Install inlay brass pieces
. Strip all concrete forms
. Install finished concrete plaque in city sidewalk
. Installation of nonslip sealer
. All clean up
Estimate for The City of Seaside
FMG Custom Concrete
1222 prospect st. Seaside Ca.
93955
office: (831) 884-5999
cell: (831) 869-1607
Thursday, August 3, 2023
California State License Board
P.O. Box 26000
Sacramento, C.A. 95826
C.A. LIC# 1010708
Packet Page 379
Seaside Stars
Phase Two Locations
Location of original plaques
Tentative new placement for the title plaques
Tentative placement for new plaques
Packet Page 380
Packet Page 381
Packet Page 382
Packet Page 383
Packet Page 384
Packet Page 385
Packet Page 386
Packet Page 387
Packet Page 388
Packet Page 389
Packet Page 390
Packet Page 391
Packet Page 392
Packet Page 393
Packet Page 394
Packet Page 395
Packet Page 396
Packet Page 397
Packet Page 398
Packet Page 399
Packet Page 400
Packet Page 401
Packet Page 402
Packet Page 403
Packet Page 404
Packet Page 405
Packet Page 406
Packet Page 407
Packet Page 408
Packet Page 409
Packet Page 410
Packet Page 411
Packet Page 412
Packet Page 413
Packet Page 414
Packet Page 415
Packet Page 416
Packet Page 417
Packet Page 418
Packet Page 419
Packet Page 420
Packet Page 421
Packet Page 422
Packet Page 423
Packet Page 424
Packet Page 425
Packet Page 426
Packet Page 427
Packet Page 428
Packet Page 429
Packet Page 430
Packet Page 431
Packet Page 432
Packet Page 433
Packet Page 434
Packet Page 435
Packet Page 436
Packet Page 437
Packet Page 438
Packet Page 439
Packet Page 440
Packet Page 441
Packet Page 442
Packet Page 443
Packet Page 444
Packet Page 445
Packet Page 446
Packet Page 447
Packet Page 448
Packet Page 449
Packet Page 450
Packet Page 451
Packet Page 452
Packet Page 453
Packet Page 454
Packet Page 455
Packet Page 456

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
Manny Gonzalez, Assistant City Manager
DATE: September 7, 2023
SUBJECT: DISCUSS CITY POLICY AND/OR PROCESS FOR THE USE OF

STAFF TIME AND RESOURCES AND/OR USE OF CITY

RESOURCES AND FACILITIES BY INDIVIDUAL COUNCIL

MEMBERS AT INDIVIDUAL COUNCIL MEMBER FORUMS SUCH

AS TOWN HALLS, LISTENING SESSIONS, AND COMMUNITY

MEETINGS

RECOMMENDATION
Provide Council direction on City policy and/or procedure to request use of City facilities, resources and/or staff for individual council member forums such as town halls, listening sessions, and community meetings.

BACKGROUND
The current city policy does not address requests by council members to utilize staff time and/or use of city resources and facilities for individual council member forums.

However, the city's general policy on the use of city resources and facilities by elected officials states that such use must be for official city business.

It is recommended that the city council adopt a specific policy that addresses the use of staff time and resources and/or use of city resources and facilities at individual council member forums. This policy should:
• Define what constitutes an "individual council member forum." • Specify the types of staff time and resources that may be used at individual council member forums with an approximate time for the event. • Specify the types of city resources and facilities that may be used at individual council member forums.

Packet Page 457

Item No. 10.B. Page 2 of 2
• Require individual council members to obtain prior approval from the city manager before utilizing staff time and resources or city resources and facilities at an individual council member forum. The policy does not apply to the City Attorney's office.

Benefits of a Specific Policy:

A specific policy on the use of staff time and resources and/or use of city resources and facilities by individual council members at individual council member forums would have several benefits, including:
• Provide clarity and transparency for all stakeholders, including individual council members, staff, and the public;
• Ensures that the use of staff time and resources and/or use of city resources and facilities is fair and equitable to all council members; • Prevent/reduce conflicts for same day events; and
• Protect the city from potential liability.

FISCAL IMPACT
There is no fiscal impact associated with the establishment of this policy.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 458

Seaside City CouncilSeptember 7, 2023

Seaside City Council
September 7, 2023