Seaside City Council
November 2, 2023

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, November 2, 2023
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ ___________________________________________________________________________________

VIRTUAL PUBLIC PARTICIPATION INSTRUCTIONS

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

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

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

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

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

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

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

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

1. CALL TO ORDER

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

3. INVOCATION AND PLEDGE OF ALLEGIANCE

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

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

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

7. PRESENTATIONS
A. PRESENTATION OF PAINTING TITLED "POLICING" THANKING POLICE

CHIEF NICK BORGES (PAMELA BONSPER & JACQUELINE SIMON)
B. UPDATE ON THE CLIMATE ACTION PLAN PROCESS (ECONOMIC &

COMMUNITY PLANNING MANAGER, ANDREW MYRICK)
C. UPCOMING CITYWIDE EVENTS & COMMUNITY ANNOUNCEMENTS
(RECREATION DIRECTOR, DAN MEEWIS)

8. CONSENT AGENDA
Packet Page 2
City Council REGULAR Meeting November 2, 2023 5:00 PM Agenda Page 3 A. APPROVE MINUTES FROM AUGUST 17, SEPTEMBER 7, 18, AND 21 RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO EXHIBIT "A"

OF THE SHARED ELECTRICAL AGREEMENT BETWEEN THE CITY OF

SEASIDE AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION RECOMMENDATION: Adopt a resolution authorizing the City Manager to sign an amendment to Exhibit "A" of the shared Electrical Agreement between the City of Seaside and the California Department of Transportation to include the addition of missing signals and lighting.

C. ADOPT A RESOLUTION APPROVING THE APPLICATION FOR GRANTS

FUNDS FROM CHEVRON FOR THE CHEVRON STEM GRANT PROGRAM IN THE AMOUNT OF $10,000.00 TO IMPLEMENT STEM PROGRAMMING

UNDER THE RECREATION DEPARTMENT
RECOMMENDATION: Adopt a resolution to apply for grant funds from Chevron STEM Grant Program.

D. APPROVE AN AGREEMENT FOR CONTRACTOR SERVICES WITH PREMO

ROOFING FOR THE PUBLIC WORKS CORPORATION YARD REROOF
PROJECT FOR AN AMOUNT NOT TO EXCEED $55,800.00
RECOMMENDATION: Adopt a resolution:

1. Approving an Agreement for Contractor Services with Premo Roofing for the Public Works Corporation Yard Reroof Project for an amount not to exceed $55,800.00; and

2. Authorizing the City Manager to execute the Agreement for Contractor Services, and approve any extensions and change orders until completion of the project in accordance with the plans up to the total project construction amount.

E. APPROVE A FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH RAIMI & ASSOCIATES, INC FOR COMPLETION OF THE

GENERAL PLAN UPDATE AND SIXTH CYCLE HOUSING ELEMENT TO

EXTEND THE TERM AND INCREASE THE AGREEMENT FUNDING BY AN AMOUNT NOT TO EXCEED $60,000.00
RECOMMENDATION: Adopt a Resolution to approve a Fifth Amendment to the Professional Services Agreement between Raimi & Associates and the City of Seaside and authorize the City Manager to execute the Amendment on behalf of the City.

F. ADOPT A RESOLUTION APPROPRIATING $20,000.00 FROM THE GENERAL FUND TO THE CUTINO PARK IMPROVEMENT PART 2 PHASE 1 PROJECT AND APPROVING $118,000.00 IN ADDITIONAL CONTINGENCY TO THE

CONSTRUCTION AGREEMENT WITH GRANITE ROCK COMPANY FOR A
TOTAL CONSTRUCTION AMOUNT THAT DOES NOT EXCEED $1,494,488.30 RECOMMENDATION: Adopt a resolution appropriating $20,000.00 from the General Fund to the Cutino Park Improvements Part 2 Phase 1 Project and Packet Page 3
City Council REGULAR Meeting November 2, 2023 5:00 PM Agenda Page 4 approving $118,000.00 in additional contingency to the construction agreement with Granite Rock Company for a total construction amount not to exceed $1,494,488.30.

G. ADOPT A RESOLUTION APPROVING $57,000.00 IN ADDITIONAL

CONTINGENCY TO THE CONSTRUCTION AGREEMENT WITH KRAEMER
ENGINEERING, INC. FOR THE FERNANDO PARK IMPROVEMENTS

PROJECT FOR A TOTAL CONSTRUCTION AMOUNT THAT DOES NOT
EXCEED $215,078.25
RECOMMENDATION: Adopt a resolution approving $57,000.00 in additional contingency to the construction agreement with Kraemer Engineering Inc. for the Fernando Park Improvements Project for a total construction contract amount not to exceed $215,078.25.

H. ADOPT A RESOLUTION APPROVING AN AGREEMENT FOR CONTRACTOR

SERVICES WITH CRAVEN LANDSCAPING INC FOR AN AMOUNT NOT TO EXCEED $49,852.98
RECOMMENDATION: Adopt a resolution:

1.) Approving an Agreement for Contractor Services with Craven Landscaping for the Project for an amount not to exceed $49,852.98, and

2.) Authorizing the City Manager to execute the Agreement for Contractor Services, and approve any extensions and change orders until completion of the project in accordance with the plans up to the total project construction amount.

9. PUBLIC HEARING
A. ZONING ORDINANCE AMENDMENT ZOA-23-02: ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING ORDINANCE) TO ADD CHAPTER 17.13 IMPLEMENTING SENATE BILL 9 (DUPLEXES AND PARCEL MAPS FOR URBAN LOT SPLITS). THE AMENDMENT IS NOT A PROJECT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N) (FIRST

READING, ROLL CALL VOTE)
RECOMMENDATION: Consider the adoption of an ordinance amending Title 17 to add Chapter 17.13 to the Seaside Municipal Code to implement Senate Bill 9.

B. SAFE PARKING LICENSE APPLICATION SPL-23-01: MONTEREY

PENINSULA UNIFIED SCHOOL DISTRICT, PROPERTY OWNER, AND ONE

STARFISH SAFE PARKING AND SUPPORTIVE SERVICES, APPLICANT,

HAVE APPLIED FOR A SAFE PARKING FACILITY LICENSE AT THE MONTEREY ADULT SCHOOL LOCATED AT 1295 LA SALLE AVENUE (APN:
011-095-004). THE PROJECT IS CATEGORICALLY EXEMPT, SECTION 15061(B)(3) FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

RECOMMENDATION: Approve the request for a safe parking license at the Monterey Adult School on the NW corner of Noche Buena Street and La Salle Avenue.

10. BUSINESS ITEMS
Packet Page 4
City Council REGULAR Meeting November 2, 2023 5:00 PM Agenda Page 5 A. APPROVE THE NEIGHBORHOOD IMPROVEMENT COMMISSION

RECOMMENDATIONS FOR FUNDING ALLOCATED FOR COMMUNITY AND

PARK IMPROVEMENTS
RECOMMENDATION: Adopt a resolution:

1.) Approving the Neighborhood Improvement Commission's recommended use of collected TOT funds generated by short-term rentals and allocated for community and park improvements; and

2.) Authorizing the Finance Director to make project budget adjustments based on the recommended allocation of 50% of STR TOT funds.

B. ADOPT A RESOLUTION APPROVING THE HILBY AVENUE TRAFFIC

CALMING PLAN AND APPROVING AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX INC. TO

DESIGN AND PREPARE BID DOCUMENTS FOR THE THE HILBY AVENUE

TRAFFIC CALMING IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $96,870.00
RECOMMENDATION: Adopt a resolution approving the Hilby Avenue Traffic Calming Plan and authorizing the City Manager to execute amendment No. 1 to the professional services agreement with Parametrix to design and prepare bid documents for the Hilby Avenue Traffic Calming Improvements Project for an amount not to exceed $96,870.00.

C. ADOPT A RESOLUTION ADOPTING THE LINCOLN CUNNINGHAM AND

HAVANA SOLIZ PARKS CONCEPTUAL MASTER PLAN
RECOMMENDATION: Adopt a resolution approving the Lincoln Cunningham and Havana Soliz Parks Conceptual Master Plan.

D. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE

AGREEMENT WITH WHITSON ENGINEERS TO PREPARE CONSTRUCTION

PLANS AND SPECIFICATIONS FOR THE LINCOLN CUNNINGHAM
ARTERIAL TRAIL PROJECT IN AN AMOUNT NOT TO EXCEED $89,800.00 RECOMMENDATION: Adopt a resolution authorizing a professional services agreement with Whitson Engineers to prepare construction plans and specifications for the Lincoln Cunningham Arterial Trail Project in an amount not to exceed $89,800.00.

E. CONSIDER RECOMMENDATIONS REGARDING THE USE OF ZOOM FOR

PUBLIC COMMENTS
RECOMMENDATION: Consider options to receive public comments, and approve the staff recommendation to discontinue the use of Zoom for public comments at City Council, Boards, Commissions and Committee meetings.

11. COUNCIL MEMBER REQUESTS
Packet Page 5
City Council REGULAR Meeting November 2, 2023 5:00 PM Agenda Page 6 A. NEW COUNCIL MEMBER REQUESTS
B. FOLLOW UP ON PREVIOUS COUNCIL MEMBER REQUESTS

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

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

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

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al
Negotiating Parties: KBB Seaside Venture, et. al. and City of Seaside Under Negotiation: Price, terms of payment or both
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: Property generally located east and west of General Jim Moore Blvd., north and south of Eucalyptus Road and a widening of the existing easement along Gigling from 30-feet to 70-feet and 110-feet and from 80-feet to 130-feet. (PGE Easement for Del Monte-Fort Ord 60kV Electrict transmission line rebuild project ) Agency Negotiators: City Manager, et. al
Negotiating Parties:Pacific Gas and Electric and City of Seaside Under Negotiation: Price, terms of payment or both
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9
Potential Litigation (2 MATTERS)

14. ADJOURNMENT
Next Regularly Scheduled Meeting:

November 16, 2023
5:00 p.m.

Packet Page 6
City Council REGULAR Meeting November 2, 2023 5:00 PM Agenda Page 7 The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Governor Newsom's Executive Orders N-29-20 and N-33-20.

Packet Page 7

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, August 17, 2023
REDEVELOPMENT AGENCY 5:00 PM

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

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER ABSENT: NONE

3. INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was held for invocation. The pledge was led by Council Member Burks.

4. REVIEW OF AGENDA
No changes.

5. PUBLIC COMMENT
Chandler Roland, Charline Smith, Ann Marie Pagan, Jose Luis Barajas, Lynda Cunningham.

6. PUBLIC AGENCY COMMUNICATIONS
None.

7. PRESENTATIONS
A. HOUSE OF THE MONTH AWARD FOR JUNE AND JULY 2023
(NEIGHBORHOOD IMPROVEMENT COMMISSIONER, RAMONA OLAETAREED) Commissioner Ramona Olaeta-Reed presented the awards of June House of the Month Award for June, 2080 Buchanan Street to property owner, Francina Perez; and July House of the Month for July, 1395 Military Avenue to property owners, Rose & Brian Pratt.

B. BLUE ZONES PROJECT OF MONTEREY COUNTY (TANJA ROOS)
Ms. Roos provided a presentation reviewing the progress on project year 2 and the projections for project year 3.

C. COVID-19 VACCINE UPDATE ( MARY GUTIERREZ, FIRE CHIEF) Packet Page 8
Thursday, August 17, 2023 City Council REGULAR Meeting Page 2 Chief Gutierrez provided a presentation reviewing the current COVID-19 data that showed 21.9% of Seaside residents (and those within 93955 zip code) received the Bi-Valent Booster; and provided information on the Bi-Valent COVID-19 vaccines that are currently available. Vaccine locations can be found at vaccines.gov; text your zip code to 438829 or by calling 1-800-232-0233.

D. UPCOMING CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS (RECREATION DIRECTOR, DAN MEEWIS)
Director Meewis provided a presentation and reviewed the following:
• Welcome to new Seaside Team Members – Jose Bazua, Economic Development Director, Stephanie Mora, Administrative Assistant, Sarah Barnes, Administrative Assistant, Carolyn Burke, Assistant Public Works Director, Danny Barrientos, Administrative Assistant.
• Seaside Farmer’s Market – Every Thursday from 3-7pm at Laguna Grande Park • City Hall & Library Parking Lot Repaving Project – August 21-September 20 • COVID-19 Monterey County Funeral & Burial Assistance Program, contact number is 831-356-3137
• Seaside ADU Loan Program - Interested homeowners are encouraged to visit www.ci.seaside.ca.us/805/ADU-Loan-Program
• 2023 Seaside Car Week Activities for August 14-19
• C.H.A.M.P Mentoring Program, informational session on August 26 at 10-12pm at Oldemeyer Center
• Seaside Police Animal Control – Free Microchipping & Dog License Event on August 26 at City Hall Lawn from 12-2pm
• Grandparents Day celebration on September 9 from 11-3pm • Oaxaca by the Sea, September 23 from 6-7:30pm
• CalFresh Food Program, www.getcalfresh.org
• Complimentary childcare at City Council Meetings, call 831-899-6800 48 hours in advance
• Friends of Seaside Parks, Park Clean Up dates: August 19, August 26, September 2 • Monterey Bay F.C. Home Games: August 26, September 16

8. CONSENT AGENDA
Item 8J was pulled from the Consent Agenda by Karla Lobo.

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

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
Packet Page 9
Thursday, August 17, 2023 City Council REGULAR Meeting Page 3 ABSENT: NONE
A. APPROVE MINUTES FROM JULY 20 AND AUGUST 3, 2023
ACTION: APPROVED
B. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED
C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED
D. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

MONTEREY CONDORS (SOCCER) CLUB
ACTION: APPROVED
E. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES CONTRACT WITH SCHAAF & WHEELER FOR

INCREASE IN VIDEO INSPECTION SERVICE FOR PREPARATION OF A

STORM DRAIN MASTER PLAN FOR AN AMOUNT NOT TO EXCEED
$135,940.00
ACTION: ADOPTED RESO #23-122
F. ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS

FOR FERNANDO PARK IMPROVEMENTS PROJECT, APPROPRIATING
$16,562.25 FROM THE GENERAL FUND TO THE PROJECT, AND

AWARDING A CONSTRUCTION AGREEMENT TO KRAEMER
ENGINEERING, INC. FOR AN AMOUNT NOT TO EXCEED $143,707.50

AND A TOTAL PROJECT CONSTRUCTION COST INCLUDING
CONTINGENCY OF $158,078.25
ACTION: ADOPTED RESO #23-123
G. ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS

FOR THE HIGHLAND OTIS PARK PLAYGROUND REPLACEMENT PROJECT, AUTHORIZING A BUDGET AMENDMENT IN THE AMOUNT OF $60,000.00

FOR THE PROJECT, AND AWARDING A CONSTRUCTION AGREEMENT TO KRAEMER ENGINEERING, INC. FOR AN AMOUNT NOT TO EXCEED
$99,574.00 AND TOTAL PROJECT CONSTRUCTION COST INCLUDING CONTINGENCY OF $112,574.00
ACTION: ADOPTED RESO #23-124
H. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2023 HOT SPOT

PAVEMENT REPAIR PROJECT FOR AN AMOUNT NOT TO EXCEED
Packet Page 10
Thursday, August 17, 2023 City Council REGULAR Meeting Page 4 $49,492.00
ACTION: ADOPTED RESO #23-125
I. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE

AGREEMENT WITH WALLACE GROUP FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE FERNANDO PARK IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $32,070.00 ACTION: ADOPTED RESO #23-126
J. RATIFY AN AGREEMENT TO ENTER INTO A CONTRACT WITH SLOAN

SAKAI ATTORNEYS AT LAW FOR WORKPLACE INVESTIGATIONS

SERVICES
Prior to the motion, Council/Agency Member Miller stepped out of the meeting and returned after the vote on the item had passed.

PUBLIC COMMENT: Karla Lobo
On motion by Mayor Pro-Tem Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to ratify an agreement to enter into a contract with Sloan Sakai Attorneys At Law.

RESULT: 4-0-0-1
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO
NOES: NONE
ABSTAIN: NONE
ABSENT: MILLER
ACTION: ADOPTED RESO #23-127

9. BUSINESS ITEMS
A. CONSIDER APPROVAL OF THE ANNUAL BINGO LICENSE FOR THE YOUTH INCENTIVE PROGRAMS, INC.

Recreation Director Dan Meewis presented the item and reviewed the application for an annual bingo license for the Youth Incentive Programs, Inc. The approval process includes an Application, $50 fee, City Council Review, and decision to issue, deny or revoke the license.

PUBLIC COMMENT: Darlene Robinson, James Bogan, Karla Lobo On motion by Council/Agency Member Miller and second by Mayor Oglesby, and carried by the following vote, the City Council/Successor Agency moved to approve Packet Page 11
Thursday, August 17, 2023 City Council REGULAR Meeting Page 5 the annual bingo license for the Youth Incentive Programs, Inc.

RESULT: 4-1-0-0
AYES: GARCIA-ARRAZOLA, OGLESBY, PACHECO
NOES: BURKS
ABSTAIN: NONE
ABSENT: NONE
ACTION: APPROVED
B. ADOPT A RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE

CITY'S PERMANENT LOCAL HOUSING ALLOCATION FIVE-YEAR PLAN Housing Program Manager, Alexia Rapoport presented the item and reviewed the PLHA five year plan. The Permanent Local Housing Allocation Program operates on a five-year cycle (2019-2023); has available funding predicated on previous year’s real estate transactions (variable year to year); jurisdictions are apportioned funding based on their 2017 CDBG allocation, and Seaside is estimated to be eligible for up to $1,158,744 over the five year cycle.

The proposed Amendment to 5-Year Plan includes to:
• Consolidate 100% of the award for the 2019-2023 five-year period; • To-date: $823,633;
• Proposed Use: Predevelopment for future affordable housing on city-owned parcels located at 956 and 962 Hilby Ave including but not limited to:
o Land improvements
o Environmental review fees
o Architectural/Engineering
o
PUBLIC COMMENT: Karla Lobo
On motion by Council/Agency Member Garcia-Arrazola, and second by Council/Agency Member Miller, and carried by the following vote the City Council/Successor Agency moved to adopt a resolution authorizing an amendment to the City’s PLHA five year plan.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO #23-128
C. RECEIVE UPDATE ON THE CITY OF SEASIDE CAR WEEK EVENTS SCHEDULED FOR SATURDAY AUGUST 19, 2023
Director Meewis presented the item and reviewed a event summary and attendance Packet Page 12
Thursday, August 17, 2023 City Council REGULAR Meeting Page 6 numbers for events that have pasts, as well as the upcoming Car Week events:
• Monday, August 14, 2023 – Porsche Monterey “Classic Porsche” • Del Monte Avenue from 4pm – 7pm
• Saturday, August 19, 2023 – Concors d’Lemons
• City Hall Lawn from 8:00am – 1:00pm
• Saturday, August 19, 2023 – Concorso Itialiano
• Bayonet Blackhorse Golf Course – 8am – 4pm
• Saturday, August 19, 2023 – Exotics on Broadway
• Broadway Avenue & Fremont Boulevard – 1pm – 6pm
D. APPROVE RESPONSE TO THE 2023 MONTEREY COUNTY CIVIL
GRAND JURY REPORT, "THE REAL COST OF FIREWORKS"
City Clerk Dominique Davis provided a presentation regarding the response to the Civil Grand Jury Report that concluded with seven (7) findings and thirteen (13) recommendations. In accordance with California Law PC Sect. 933.05, the City has a responsibility to respond to each finding and recommendation as follows:
• Response Format For Findings:

Agree, Partially Agree, Partially Disagree or Disagree
• Response Format For Recommendations:

Has been implemented, Has not yet been implemented, but will be implemented in the future, Requires further analysis or Will not be implemented In its response to the findings, the City agreed with 1, partially disagreed with 2 and disagreed wholly with 4; in regards to the recommendations, The City will implement 5, requires further analysis on 1, has already implemented 5 and will not implement

1. Police Chief Borges responded to questions from the Council.

PUBLIC COMMENT: Karla Lobo, Lynda Cunningham, Bobby Maxwell On motion by Mayor Pro-Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to approve the response to the 2023 Monterey County Civil Grand Jury Report, “The Real Cost of Fireworks”.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: APPROVED

10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
Packet Page 13
Thursday, August 17, 2023 City Council REGULAR Meeting Page 7

1. Review the ordinance and come back with a status on recreational vehicles in driveways (Pacheco)
B. FOLLOW UP ON PREVIOUS REQUESTS
City Manager Fontes provided an update on requests regarding solution for the Canadian Geese.

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

12. CLOSED SESSION
City Attorney Sheri Damon read the Closed Session items and did not anticipate any announcements.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9
D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9

13. ADJOURNMENT
With no further business, the meeting adjourned in honor of Ms. Faye Coleman at 9:18 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 14

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, September 7, 2023
REDEVELOPMENT AGENCY 5:00 PM

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

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER ABSENT: NONE

3. INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Ronald Britt, Greater Victory Temple Church of God in Christ led the invocation. The pledge was led by Council Member Miller.

4. REVIEW OF AGENDA
The agenda items after the Consent Agenda were heard in the following order: 10A, 9A, 9B and then 10B.

5. PUBLIC COMMENT
Chandler Roland, Ray Riordian, Michelle Overmeyer, Lacey Raak, Tanya Roos, Dennis Alexander, Ann Marie Pagan, Nina Beatty, Rosalyn Green, Susan Schavoni, Dianne Nielson

6. PUBLIC AGENCY COMMUNICATIONS
None.

7. PRESENTATIONS
A. AUGUST 2023 HOUSE OF THE MONTH AWARD (NEIGHBORHOOD

IMPROVEMENT COMMISSION)
Commissioner Dennis Alexander presented the August House of the Month Award to 1692 San Lucas Street, property owner: Maribel Ramirez and Jose Munoz.

B. UPCOMING CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS (RECREATION DIRECTOR, DAN MEEWIS)
Director Meewis provided a presentation and reviewed the following:
• Seaside Farmer’s Market – Every Thursday from 3-7pm at Laguna Grande Park • City Hall & Library Parking Lot Repaving Project – August 21-September 20 Packet Page 15
Thursday, September 7, 2023 City Council REGULAR Meeting Page 2 • COVID-19 Monterey County Funeral & Burial Assistance Program, contact number is 831-356-3137
• Seaside ADU Loan Program - Interested homeowners are encouraged to visit www.ci.seaside.ca.us/805/ADU-Loan-Program
• Grandparents Day celebration on September 9 from 11-3pm • 22nd Anniversary 9/11 Commemoration on September 11 at 9am, City Hall Lawn • C.H.A.M.P Mentoring Program, informational session on September 16 at 10-12pm at Oldemeyer Center
• Hilby Traffic Calming Project at Traffic Advisory Committee Special Meeting, September 19 at 6pm
• Oaxaca By the Sea Pop Up Art & Weaving, September 20-26 at City Hall • Oaxaca by the Sea, September 23 from 6-7:30pm
• Oaxaca by the Sea business Expo, September 24 from 1-5pm • CA Coastal Clean Up Day, September 23 from 9-12pm
• Eternal Light of Hope Day, September 25 from 5-7pm, hosted by Police Department
• Hot Cars & Cool Nights, September 29 from 4-8pm on Broadway Avenue • Seaside Fire Department Open House, October 7 from 10-2pm • CalFresh Food Program, www.getcalfresh.org
• Complimentary childcare at City Council Meetings, call 831-899-6800 48 hours in advance
• Friends of Seaside Parks Association – Park Clean Ups, September 9 (Beta), September 16 (Highland Otis), September 23 (Durant)
• Monterey Bay FC Home Games, September 16, September 20 • Monday, 9/11 Caltrans performing work on WB 218 (aka Canyon Del Rey Blvd) and will last about 2 months.

8. CONSENT AGENDA
The following items were pulled from the Consent Agenda:
8G – Pacheco, 8H - Miller, 8I – Pacheco, 8K –Miller, Pacheco & Ana Mendoza On motion by Council/Agency Member Garcia-Arrazola, and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the Consent Agenda was approved except for items 8G, 8H, 8I, and 8K.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
A. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED
B. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED
Packet Page 16
Thursday, September 7, 2023 City Council REGULAR Meeting Page 3 C. APPROVE A FEE WAIVER REQUEST FROM PALENKE ARTS

ORGANIZATION TO USE LAGUNA GRANDE HALL AND KITCHEN TO HOLD THEIR "DIA DE LOS MUERTOS" EVENT ON NOVEMBER 2, 2023
ACTION: APPROVED
D. ADOPT A RESOLUTION TO APPROVE THE RECOMMENDED SELECTION

AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE PURCHASE OF

TWO FIRE DEPARTMENT COMMAND VEHICLES AND ONE DRONE

VEHICLE, AND OUTFIT ALL THREE WITH EMERGENCY RESPONSE
EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $340,000.00
ACTION: ADOPTED RESO #23-129
E. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES

AGREEMENT WITH WILLDAN FINANCIAL SERVICES TO COMPLETE THE

WATER RATE AND CAPACITY FEE STUDIES FOR SEASIDE MUNICIPAL WATER SYSTEM FOR AN AMOUNT NOT TO EXCEED $41,350.00
ACTION: ADOPTED RESO #23-130
F. 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
ACTION: ADOPTED RESO #23-131
G. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE CONTRACTS FOR THE RECIPIENTS OF THE COMMUNITY

SOCIAL SERVICES GRANT PROGRAM
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution authorizing the City Manager to execute contracts for the recipients of the Community Social Services Grant Program.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO #23-132
H. ADOPT A RESOLUTION AUTHORIZING THE MODIFICATION OF THE

POSITION CONTROL LIST TO ADD ONE SENIOR PLANNER AND DELETE Packet Page 17
Thursday, September 7, 2023 City Council REGULAR Meeting Page 4

ONE ASSOCIATE PLANNER POSITION IN THE PLANNING DIVISION PUBLIC COMMENT: Karla Lobo
Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution authorizing the modification of the position control list to add one senior planner and delete one associate planner position.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO #23-133
I. ADOPT A RESOLUTION AUTHORIZING THE MODIFICATION OF THE

POSITION CONTROL LIST TO ADD ONE PUBLIC AFFAIRS OFFICER/CITY

CLERK AND DELETE ONE CITY CLERK POSITION
PUBLIC COMMENT: Robert Daniels, Karla Lobo, John Holt, Dianne Nielson, Rosalyn Green
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution authorizing the modification of the position control list to add one Public Affairs Officer/City Clerk and delete one City Clerk position.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO #23-134
J. 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 ACTION: ADOPTED RESO #23-135
K. 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
Packet Page 18
Thursday, September 7, 2023 City Council REGULAR Meeting Page 5 PUBLIC COMMENT: Ana Mendoza, Lesley, Ann Marie Pagan, Karla Lobo On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to approve the installation of green curb on Fremont Blvd and removal of yellow curb on Phoenix Ave.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: APPROVED
L. 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
ACTION: ADOPTED RESO #23-136
M. 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
ACTION: ADOPTED RESO #23-137

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

HEARING)
Council/Agency Member Miller recused himself from the item and left the Chamber.

Economic & Community Planning Manager Andrew Myrick presented the appeal of Architectural Review (AR-23-11) for a five bedroom, 4 bathroom 4,433 sf residence with an attached 506 sf two-car garage, which will rebuild of a fire damaged residence, and add a new second story addition to 24 ft height maximum (previous max. height 18’).

Property owner, Jonathan Lee and appellants, Pamela McCormick and Steve Crow, provided presentations and responded to questions from the Council.

Packet Page 19
Thursday, September 7, 2023 City Council REGULAR Meeting Page 6 PUBLIC COMMENT: Marilyn Mancini, Steve Crow, Ann Marie Pagan, Mary C., Cathy, Karla Lobo, Tiffany Cooper-Smith, Caroline N., Catherine Crockett, 2 callers via zoom.

On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to approve AR-23-11, deny the appeal, and directed staff to return with additional findings to add to the adopted resolution.

RESULT: 4-0-1-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO
NOES: NONE
ABSTAIN: MILLER
ABSENT: NONE
ACTION: ADOPTED RESO #23-138
Council/Agency Member returned the Chamber after the conclusion of the vote.

B. ADOPT A RESOLUTION APPROVING THE CONSOLIDATED ANNUAL

PERFORMANCE AND EVALUATION REPORT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2022-2023 Administrative Analyst II, Haroon Noori, provided a presentation reviewing the CAPER for the CDBG program, and 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.

There were no comments from the public.

On motion by Council/Agency Member Miller and second by Council/Agency Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution approving the CAPER for the CDBG program for fiscal year 2022-2023.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO #23-139

10. BUSINESS ITEMS
A. APPROVE THE SEASIDE STARS AD-HOC COMMITTEE
Packet Page 20
Thursday, September 7, 2023 City Council REGULAR Meeting Page 7

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.

Recreation Director Dan Meewis presented the item and the Seaside Stars “formerly the Broadway Walk of Fame policy”, which was approved by the City Council in February of 2022. The goal is to honor those individuals who have made a significant and lasting contribution to the City of Seaside. 2023 start nominations were:

Mel Mason – Community & Social Equality
Dr. Charlie Knight - Education
Roosevelt Williams – Community & Social Equality
Darryl Choates – Civics & Government
Herman Edwards – Athletics & Competition
Tim Brown – Civics & Government
*Kay Cline – Environment & Conservation
PUBLIC COMMENT: Ann Marie Pagan, Sylvia Sheih, Helen Rucker, Ruthie Watts, Dinice Maiden, Stephanie Williams Fawst, Annalisa Mitchell, Miriam Smith, Robert Daniels, Susan Schiavone, Lia Edwards, Rudy, Karla Lobo, Hugh Roberts II, Maiaika Velazquez, Rosalyn Green, 1 zoom caller
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved the Seaside Stars Ad-Hoc Committee recommendations, authorized the City Manager to execute the contracts and adopt a resolution amending the 2023-2024 fiscal year budget appropriating $58,784.00 from the General Fund.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO #23-140
B. 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
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Mayor Oglesby, and carried by the following vote, the City Council/Successor Agency moved to extend the meeting past 10:29 p.m.

RESULT: 4-1-0-0
AYES: BURKS, OGLESBY, PACHECO, MILLER
Packet Page 21
Thursday, September 7, 2023 City Council REGULAR Meeting Page 8 NOES: GARCIA-ARRAZOLA
ABSTAIN: NONE
ABSENT: NONE
Assistant City Manager Manny Gonzalez provided an overview of the item and sought direction from the Council.

PUBLIC COMMENT: Regina Mason
Staff was directed to bring back a short policy for approval.

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS

1. Provide an update and overview of City ordinances related to enforcement of parking and placement of recreational vehicles and other items such as garbage cans on private property such as driveways and the creation of a moratorium on serving fines and tickets until a policy has been established (Pacheco) B. FOLLOW UP ON PREVIOUS REQUESTS

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

13. CLOSED SESSION
City Attorney Sheri Damon read the Closed Session items and did not expect any announcement.

PUBLIC COMMENT: Regina Mason
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9

14. ADJOURNMENT
With no further business, the meeting adjourned at 12:30 a.m.

Packet Page 22
Thursday, September 7, 2023 City Council REGULAR Meeting Page 9 Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 23

DRAFT MINUTES

CITY OF SEASIDE SPECIAL MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Monday, September 18, 2023
REDEVELOPMENT AGENCY 4:00 PM

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

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO, MILLER ABSENT: NONE

3. PLEDGE OF ALLEGIANCE
The pledge was led by Council/Agency Members Burks.

4. PUBLIC COMMENT
None.

5. CLOSED SESSION
City Attorney Sheri Damon read the closed session and anticipated a read out.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
The City Council/Successor Agency authorized the entering into an agreement with State of California and will be considered at the September 21 City Council/Successor Agency meeting.

B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9
No report.

6. ADJOURNMENT
With no further business, the meeting adjourned at 5:02 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 24

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, September 21, 2023
REDEVELOPMENT AGENCY 5:00 PM

1. CALL TO ORDER
Mayor Pro Tem/Vice Chair Pacheco called the meeting to order at 5:00 p.m.

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: BURKS, GARCIA-ARRAZOLA, PACHECO
ABSENT: OGLESBY

3. INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was held for invocation. The Pledge of allegiance was led by Council/Agency Member Garcia-Arrazola.

4. REVIEW OF AGENDA
Two emergency items were proposed to be added to the agenda; 8K - NOTICE OF REJECTION OF GOVERNMENT CLAIM OF CARI MCCORMICK, and 8L –

ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE

AGREEMENT WITH JEA AND ASSOCIATES TO PROVIDE LOBBYIST
SERVICES IN AN AMOUNT NOT TO EXCEED $84,000.00
PUBLIC COMMENT: Susan Schiavone
On motion by Council/Agency Member Garcia-Arrazola, and second by Council/Agency Member Burks, and carried by the following vote, the City Council/Successor Agency moved to add the two emergency items to Consent Agenda.

RESULT: 4-0-0-1
AYES: BURKS, GARCIA-ARRAZOLA, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: OGLESBY

5. PUBLIC COMMENT
Susan Schiavone, Chandler Roland, Dennis Volk, Tania Rez, Martha Hendricks, Karla Lobo, Dianne Nielson

6. PUBLIC AGENCY COMMUNICATIONS
Alvin Edwards, Monterey Peninsula Water management District, Division 1 provided a Packet Page 25
Thursday, September 21, 2023 City Council REGULAR Meeting Page 2 report and announced a public meeting scheduled for October 10 at Middlebury Institute of International Studies.

7. PRESENTATIONS
A. UPCOMING CITYWIDE EVENTS & COMMUNITY ANNOUNCEMENTS
(RECREATION DIRECTOR, DAN MEEWIS)
Recreation Director Dan Meewis provided a presentation and reviewed the following upcoming events and responded to questions from the Council:
• Seaside Farmer’s Market – Every Thursday from 3-7pm at Laguna Grande Park • City Hall & Library Parking Lot Repaving Project – Phase 2 of the project will address the parking lot behind the Library.
• COVID-19 Monterey County Funeral & Burial Assistance Program, contact number is 831-356-3137
• Seaside ADU Loan Program - Interested homeowners are encouraged to visit www.ci.seaside.ca.us/805/ADU-Loan-Program
• Patullo Swim Center, Float and Flick on September 22
• CA Coastal Clean Up Day, September 23 from 9-12pm
• Oaxaca By the Sea Pop Up Art & Weaving, September 20-26 at City Hall • Oaxaca by the Sea, September 23 from 6-7:30pm
• Oaxaca by the Sea business Expo, September 24 from 1-5pm • Eternal Light of Hope Day, September 25 from 5-7pm, hosted by Police Department • Public Works hot spot program will be start on Monday the September 25 • Friday, September 29 conclusion of Hot Cars, Cool Nights events • Registration is open for Fall Camps held October 2-6 with the Recreation Department • Movies in the park on October 6 – vote to choose a movie at bit.ly/mitp1023 • Fire Department Open House on October 7
• Sarangsem Music Night Fest, October 7 at Oldemeyer Center • Seaside’s 69th birthday celebration, October 13 from 6-8 at the Oldemeyer Center • Pumpkin Plunge at Pattullo Swim Center on October 21
• CalFresh Food Program, www.getcalfresh.org
• Complimentary childcare at City Council Meetings, call 831-899-6800 48 hours in advance
• Family & Community Support Program, [email protected] , 831-899-6852 • Caltrans is still performing work on WB 218 (aka Canyon Del Rey Blvd) and will last until November
• Friends of Seaside Parks Association – Park Clean Ups, September 23 (Durant), September 30 (Capra), October 7 (Farallones)
• Monterey Bay FC Home Games, October 14 “Breast Cancer Awareness Night” Follow us on social media: facebook.com/Seaside CA, Instagram: @cityofseaside, Twitter:
@City of Seaside

8. CONSENT AGENDA
Packet Page 26
Thursday, September 21, 2023 City Council REGULAR Meeting Page 3 The following items were pulled from the Consent Agenda:
8L – Miller, 8K, 8L, 8J – Karla Lobo
PUBLIC COMMENT: Karla Lobo, Kathy Riveria, Susan Schiavone, Emily Gavit On motion by Council/Agency Member Miller and second by Council/Agency Member Garcia-Arrazaola, and carried by the following vote, the City Council/Successor Agency moved to approve the Consent Agenda as presented, with the exception of Items 8L, 8K, and 8J.

RESULT: 3-1-0-1
AYES: BURKS, GARCIA-ARRAZOLA, PACHECO
NOES: MILLER
ABSTAIN: NONE
ABSENT: OGLESBY
A. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED
B. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED
C. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

CENTRAL COAST HIGH SCHOOL FOR THEIR WORK TO LEARN PROGRAM ACTION: APPROVED
D. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE BLADE RUNNERS BASKETBALL
ACTION: APPROVED
E. PROCLAMATION DECLARING SEPTEMBER AS CHILDHOOD CANCER

AWARENESS MONTH
Packet Page 27
Thursday, September 21, 2023 City Council REGULAR Meeting Page 4 ACTION: PROCLAIMED
F. PROCLAMATION DESIGNATING SEPTEMBER 25 TO SEPTEMBER 29, 2023, AS STORMWATER AWARENESS WEEK FOR STORMWATER

CONTROL
ACTION: PROCLAIMED
G. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF YOSEMITE

STREET, BETWEEN BROADWAY AVENUE AND MENDOCINO STREET, ON OCTOBER 7, 2023 FOR SEASIDE FIRE DEPARTMENT'S ANNUAL

COMMUNITY PUBLIC EDUCATION OPEN HOUSE
ACTION: ADOPTED RESO #23-141
H. ADOPT A RESOLUTION AMENDING THE CITY OF SEASIDE ENGINEERING

STANDARDS TO ADD TRENCH, ASPHALT RESTORATION, AND

MORATORIUM ASPHALT RESTORATION STANDARD DETAILS
ACTION: ADOPTED RESO #23-142
I. ADOPT A RESOLUTION TO ACCEPT AN $85,000 REAP 2.0 GRANT AND TO

AUTHORIZE THE CITY MANAGER TO EXECUTE THE REQUISITE

MEMORANDUM OF UNDERSTANDING
ACTION: ADOPTED RESO #23-143
J. APPROVE THE RELEASE OF A REQUEST FOR PROPOSALS (RFP) FOR

THE CREATION OF A CLIMATE ACTION AND ADAPTATION PLAN
PUBLIC COMMENT: Karla Lobo, Cathy Riveria, Susan Schiavone, Emily Gottlieb On motion by Council/Agency Member Garcia-Arrazola and second by Council/Agency Member Burks, and carried by the following vote, the City Council/Successor Agency moved to approve the release of an RFP for the creation of a climate action and adaptation plan.

RESULT: 4-0-0-1
AYES: BURKS, GARCIA-ARRAZOLA, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: OGLESBY
ACTION: ADOPTED RESO #23-143
K. NOTICE OF REJECTION OF GOVERNMENT CLAIM OF CARI MCCORMICK (THIS ADDITION TO THE AGENDA OCCURRED AFTER AFTER THE 72 HOUR POSTING DEADLINE, A 2/3 MAJORITY VOTE WAS REQUIRED TO

ADD THIS ITEM TO THE AGENDA)
Packet Page 28
Thursday, September 21, 2023 City Council REGULAR Meeting Page 5 PUBLIC COMMENT: Karla Lobo
On motion by Council/Agency Member Miller and second Council/Agency Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to reject the claim and directed staff to send appropriate notice to the claimant.

RESULT: 4-0-0-1
AYES: BURKS, GARCIA-ARRAZOLA, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: OGLESBY
ACTION: ADOPTED RESO #23-144
L. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE

AGREEMENT WITH JEA AND ASSOCIATES TO PROVIDE LOBBYIST
SERVICES IN AN AMOUNT NOT TO EXCEED $84,000.00 (THIS ADDITION TO THE AGENDA OCCURRED AFTER AFTER THE 72 HOUR POSTING
DEADLINE, A 2/3 MAJORITY VOTE WAS REQUIRED TO ADD THIS ITEM

TO THE AGENDA)
PUBLIC COMMENT: Karla Lobo
On motion by Council/Agency Member Garcia-Arrazola, and second by Council/Agency Burks, and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution authorizing a professional service agreement with JEA & Associates to provide Lobbyist Services.

RESULT: 3-1-0-1
AYES: BURKS, GARCIA-ARRAZOLA, PACHECO
NOES: MILLER
ABSTAIN: NONE
ABSENT: OGLESBY
ACTION: ADOPTED RESO #23-145

9. BUSINESS ITEMS
A. RECEIVE UPDATE FROM CONSERVATION TECHNIX ON THE CITY OF

SEASIDE PARKS AND RECREATION MASTER PLAN
Steve Duh, Technix, provided a presentation regarding the Parks & Recreation Master Plan (PRMP). PRMP is a 10-year guide and strategic plan for managing and Packet Page 29
Thursday, September 21, 2023 City Council REGULAR Meeting Page 6 enhancing parks, open space, trails, and recreation opportunities for the Seaside community.

PUBLIC COMMENT: Tanja Roos, Martha Henry, Karla Lobo, Dianne Nielson B. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC. TO PROVIDE ENGINEERING DESIGN SERVICES AND

CONSTRUCTION BID DOCUMENTS FOR THE BROADWAY AVENUE

COMPLETE STREETS CORRIDOR IMPROVEMENTS PROJECT FOR AN
AMOUNT NOT TO EXCEED $1,576,000.00 FULLY FUNDED BY THE ACTIVE

TRANSPORTATION PROGRAM GRANT
Public Works Director/City Engineer Nisha Patel and Molly Tremblay, Kimley Horn & Associates provided the presentation reviewing the project for the design and construction of a 1.3 mile road diet on Broadway Avenue and safe routes to school improvements on Yosemite Street. The project will transform the 4- lane roadway to a 2-lane roadway and install: roundabouts at 7 intersections; curb extensions; buffered and protected bicycle lanes; enhanced crosswalks; rectangular rapid flashing beacons; accessible design; and bicycle pavement marking and signage on Yosemite Street.

PUBLIC COMMENT: Tanja Roos
On motion by Council/Agency Member Burks and second by Mayor Pro Tem/Vice Chair Pacheco, and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution authorizing a professional services agreement with Kimley-Horn and Associates, Inc.

RESULT: 4-0-0-1
AYES: BURKS, GARCIA-ARRAZOLA, PACHECO, MILLER
NOES: NONE
ABSTAIN: NONE
ABSENT: OGLESBY
ACTION: ADOPTED RESO #23-146
C. ADOPT FINDINGS FOR THE NEW FORT ORD COURTHOUSE PROJECT

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA
GUIDELINES SECTIONS 15096 and 15162), SURPLUS LANDS ACT, AND

GENERAL PLAN AND SPECIFIC PLAN AND APPROVE PROPERTY

AQUISITION AGREEMENT WITH THE STATE OF CALIFORNIA AND

AUTHORIZE CITY MANAGER TO EXECUTE THE DOCUMENT AND TAKE

ALL SUCH FURTHER ACTIONS TO IMPLEMENT THE AGREEMENT
Council/Agency Member Miller made a statement to his objection of the project Packet Page 30
Thursday, September 21, 2023 City Council REGULAR Meeting Page 7 and cited California Government Code Section 53083 as the basis for his objection.

City Attorney Sheri Damon responded to the objection and provided a presentation reviewing the project, which is a courthouse that will be 83,201 Square Feet, has 7 Courtrooms, 280 surface parking plus secured parking for judicial officers, replaces 5-courtroom Monterey Superior Court at Aguajito Road, and provides room for 1 Court from Marina Court and 1 Calendar from Salinas.

The New Fort Ord Courthouse will address civil, domestic violence/harassment (restraining orders), family law, family support, and probate cases.

PUBLIC COMMENT: Pastor Ronald Britt, Karla Lobo
On motion by Council/Agency Member Garcia-Arrazola and second by Council/Agency Member Burks, and carried by the following vote, the City Council/Successor Agency moved adopt findings for the new Fort Ord Courthouse project.

RESULT: 3-0-1-1
AYES: BURKS, GARCIA-ARRAZOLA, PACHECO
NOES: NONE
ABSTAIN: MILLER
ABSENT: OGLESBY
ACTION: ADOPTED RESO #23-147

10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
None.

B. FOLLOW UP ON PREVIOUS REQUESTS
Council/Agency Member Miller departed at 9:08 p.m.

City Manager Fontes provided an update on the issues regarding Canadian Geese and parking for recreational vehicles.

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

12. CLOSED SESSION
City Attorney Damon stated that there was no potential litigation for the Council to discuss.

Packet Page 31
Thursday, September 21, 2023 City Council REGULAR Meeting Page 8 A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9
Potential Litigation (2 matters)

13. ADJOURNMENT
With no further business, the meeting adjourned at 9:15 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Dave Pacheco, Mayor Pro Tem Packet Page 32

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: November 2, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO EXHIBIT "A" OF THE SHARED ELECTRICAL AGREEMENT

BETWEEN THE CITY OF SEASIDE AND THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION

RECOMMENDATION
Adopt a resolution authorizing the City Manager to sign an amendment to Exhibit "A" of the shared Electrical Agreement between the City of Seaside and the California Department of Transportation to include the addition of missing signals and lighting.

BACKGROUND
The City of Seaside executed an agreement with the California Department of Transportation on August 20, 1987 to share the costs of electrical facilities, which include flashing beacons, traffic signals, traffic-signal systems, safety lighting, and sign lighting on the State Highway System.

The California Department of Transportation recently reviewed the location of electrical facilities and identified additional missing signals and lighting in the agreement located at:

Canyon Del Rey (218)/Sand Dunes Dr/State Route 1 Ramps
Fremont Blvd/State Route 1 Ramps
Home Depot Shopping Center/State Route 218
Hilby Ave/State Route 218
An amended Exhibit "A" was provided to the City to include these locations in the costsharing agreement. Cooperative agreements were signed at the time of construction of the facilities to cover our financial responsibilities for electrical facilities at all the above Packet Page 33

Item No.

8.B.

mentioned locations except Fremont Boulevard/ State Route 1 Ramps. So, the City is already paying for maintenance (labor and overhead) and equipment (materials and vehicle cost) for those locations except Fremont/ Boulevard/ State Route 1 Ramps.

FISCAL IMPACT
The amended contract with the State of California will result in an increased cost of approximately $800/ quarter ($3,200.00 per year). The revenue from gas taxes will cover the increased cost.

ATTACHMENTS

1. Resolution

2. Amended Exhibit "A"

3. Shared Electrical Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING AN AMENDMENT TO EXHIBIT “A” OF THE SHARED

ELECTRICAL AGREEMENT BETWEEN THE CITY OF SEASIDE AND THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION
WHEREAS, the City entered into a cost sharing Electrical Agreement with the State of California, through its Department of Transportation, on August 20, 1987; and WHEREAS, said Agreement by its terms provides that it may be modified or amended at any time upon mutual consent of the parties; and WHEREAS, the State of California Department of Transportation has now identified four new locations to include in Exhibit “A” of the agreement; and WHEREAS, the State of California Department of Transportation has submitted an amended Exhibit “A” to the agreement that includes the additional locations; 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 Amendment to Exhibit “A “ of the Shared Electrical Agreement between the City and the State of California Department of Transportation.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 2nd day of November 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
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“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION
CALTRANS DISTRICT 5
50 HIGUERA STREET
SAN LUIS OBISPO, CA 93401-5415
PHONE (805) 549-3101
FAX (805) 549-3329
TTY 711
www.dot.ca.gov
Making Conservation
a California Way of Life.

October 24, 2022
Nisha Patel
Public Works Director
City of Seaside
610 Olympia Ave
Seaside, CA 93955
Re: Agreement of Sharing Cost of State Highway Electrical Facilities on Revised Exhibit “A”
Dear Ms. Patel,
Attached for your review and approval is an amendment to the Exhibit “A” of the shared Electrical Agreement with the City of Seaside and the California Department of Transportation dated 10/24/2022. This amendment will include the addition of missing signals and lighting located at:

Canyon Del Rey (218)/Sand Dunes Dr/State Route 1 Ramps
Fremont Blvd/State Route 1 Ramps
Home Depot Shopping Center/State Route 218
Hilby Ave/State Route 218
Please replace the attached Exhibit “A” to your original copy of the Agreement dated February 03, 1989.

If you agree with these changes, please acknowledge your concurrence by returning a signed copy of this letter to the attention of Jake Hyde at the above referenced address or via email.

Should you have questions, please contact Jake Hyde at (805) 458-0759 or [email protected].

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Nisha Patel
City of Seaside
Oct. 24, 2022

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Re: Agreement of Sharing Cost of State Highway Electrical Facilities on Revised Exhibit “A”
Sincerely,
______________________
Sara von Schwind
Deputy District Director
Maintenance and Operations
District 5
Attachment
WE, the City of Seaside, acknowledge receipt of the above noted revision of Exhibit “A”.
________________________ _____________________ _____________

NAME TITLE DATE
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Nisha Patel
City of Seaside
Oct. 24, 2022

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” City of Seaside

EXHIBIT A - COST-SHARED ELECTRICAL FACILITIES
Effective 10/24/22

SIGNALS
COST DISTRIBUTION (%)

ROUTE POST
MILE LOCATION ASSET ID -POLE/E# STATE CITY
1 79.4 SB RAMPS @ 218/SAND DUNES DR ER79D 67 33
1 80.7 NB/SB RAMPS @ FREMONT BLVD ER80K 50 50
218 0.12 HOME DEPOT SHOPPING CENTER EV00D 67 33
218 0.22 DEL MONTE BLVD EV00E 50 50
218 0.31 SONOMA AVE EV00G 50 50
218 0.65 HILBY AVE EV00J 67 33
218 0.92 FREMONT BLVD EV00M 50 50
LIGHTS
1 79.4 SB RAMPS @ 218/ SAND DUNES DR 79350 67 33
1 79.4 SB RAMPS @ 218/ SAND DUNES DR 79370 67 33
1 79.4 SB RAMPS @ 218/ SAND DUNES DR 79390 67 33
1 80.7 NB/SB RAMPS @ FREMONT BLVD 80664 50 50
1 80.7 NB/SB RAMPS @ FREMONT BLVD 80674 50 50
1 80.7 NB/SB RAMPS @ FREMONT BLVD 80684 50 50
1 80.7 NB/SB RAMPS @ FREMONT BLVD 80694 50 50
218 0.12 HOME DEPOT SHOPPING CENTER 115 67 33
218 0.12 HOME DEPOT SHOPPING CENTER 125 67 33
218 0.22 DEL MONTE BLVD L023 50 50
218 0.22 DEL MONTE BLVD L024 50 50
218 0.22 DEL MONTE BLVD L026 50 50
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Nisha Patel
City of Seaside
Oct. 24, 2022

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” 218 0.22 DEL MONTE BLVD L027 50 50
218 0.31 SONOMA AVE M033 50 50
218 0.31 SONOMA AVE M035 50 50
218 0.65 HILBY AVE 6500 67 33
218 0.65 HILBY AVE 6600 67 33
218 0.92 FREMONT BLVD L090 50 50
218 0.92 FREMONT BLVD L091 50 50
218 0.92 FREMONT BLVD L093 50 50
218 0.92 FREMONT BLVD L094 50 50
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Kee Hyon Higgins, Recreation Supervisor
DATE: November 2, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE APPLICATION FOR

GRANTS FUNDS FROM CHEVRON FOR THE CHEVRON STEM
GRANT PROGRAM IN THE AMOUNT OF $10,000.00 TO

IMPLEMENT STEM PROGRAMMING UNDER THE RECREATION

DEPARTMENT

RECOMMENDATION
Adopt a resolution to apply for grant funds from Chevron STEM Grant Program.

BACKGROUND
The Recreation Department in interested in submitting a grant application to the Chevron STEM Grant Program. This grant program would supplement existing Recreation Department STEM programming and offer additional activities and services.

The Chevon STEM Grant provides funds to organizations that encourage creative STEM (Science, Technology, Engineering and Math) programs for grade levels K-12. If approved, $10,000 will be awarded to aid existing Recreation Department "STEAM" Programming.

The intent is to apply for this grant to add additional activities and programs for the Recreation Department.

FISCAL IMPACT
There is no fiscal impact on the submission of the grant application, as there is no match associated with this grant.

ATTACHMENTS
Packet Page 48

Item No.

8.C.

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 49
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE APPLICATION FOR GRANT FUNDS FROM CHEVRON STEM

GRANT PROGRAM
WHEREAS, Chevron Corporation provides funds for grants to federal, state, local and non-profit organizations in providing creative STEM (Science, Technology, Engineering and Math) programs for grade levels K-12; and WHEREAS, Chevron Corporation will award funds to aid STEM programming, setting up necessary procedures governing project application under the program; and WHEREAS, the funds awarded through the Chevron Corporation Grant program will greatly enhance the current STEM program that currently offered through the City of Seaside’s Recreation Department; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approve the filing of an Application for the Chevron STEM Grant Program.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 2nd day of November by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

____________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
Packet Page 50

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dave Fortune, Maintenance and Utilities Superintendent Nisha Patel, Public Works Director/City Engineer
DATE: November 2, 2023
SUBJECT: APPROVE AN AGREEMENT FOR CONTRACTOR SERVICES WITH

PREMO ROOFING FOR THE PUBLIC WORKS CORPORATION

YARD REROOF PROJECT FOR AN AMOUNT NOT TO EXCEED
$55,800.00

RECOMMENDATION
Adopt a resolution:

1. Approving an Agreement for Contractor Services with Premo Roofing for the Public Works Corporation Yard Reroof Project for an amount not to exceed $55,800.00; and

2. Authorizing the City Manager to execute the Agreement for Contractor Services, and approve any extensions and change orders until completion of the project in accordance with the plans up to the total project construction amount.

BACKGROUND
The roof of the corporation yard at 610 Olympia Avenue is leaking in several locations, including over the offices, shop area and apparatus bay. Maintenance staff have taken action to install temporary protection measures on the roof to prevent water leaking to the extent possible, but a complete replacement of the existing roof over the office, apparatus bay, and shop area is required. These sections of the roof are past their estimated service life.

The method of replacement for the roof is to remove the existing tar and gravel roofing system in the affected areas, and replace it with asphalt shingle on the pitched roof and a PVC membrane system on the flat roof. This new roofing system would be comprised of 30-year asphalt shingle for the pitched area and a 1/4" Dens Decking roof board installed over the roof substrate to maintain the Class A fire rating, followed by a white 60-mil PVC membrane. The membrane will also be installed on the interior side of the Packet Page 51

Item No.

8.D.

vertical parapet walls that border the roof areas.

At the request of Public Works staff, Premo Roofing Company submitted a proposal in the amount of $55,800.00 to reroof the selected areas of the corporation yard. Premo Roofing has submitted two other proposals, fire station and Auto Shop reroof projects, and were the low bidders on both. Being the project is under $60,000.00, it is considered a Public Works Project and only requires one bid and negotiations by city staff. Being that Premo Roofing Company has shown that on the previous two projects they are competitive low bidders, the proposals were accepted by city staff. Staff recommends the City Council adopt a resolution approving an Agreement for Contractor Services with Premo Roofing for the Public Works Corporation Yard Reroof Project and authorizing the City Manager to execute the Agreement.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines. This project is Categorically Exempt (Class 1, Existing Facilities). The project repairs and performs minor upgrades to an existing facility, and involves no expansion of use.

FISCAL IMPACT
The replacement of the roof is included in the 2023/2024 Fiscal Year Budget, and is included in Corp Yard and Auto Shop Capital Repairs Account, (No. 344-8910-9561).

The anticipated total project budget, including construction and contingency for Premo Roofing's scope of work, amounts to $60,000.00.

ATTACHMENTS

1. Resolution

2. Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 52
RESOLUTION NO. 23-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING AN AGREEMENT FOR CONSTRUCTION SERVICES WITH PREMO

ROOFING FOR THE PUBLIC WORKS CORPORATION YARD REROOF PROJECT AN AMOUNT NOT TO EXCEED $55,800.00
WHEREAS, Recent weather events have resulted in multiple interior leaks from the roof of Public Works Corporation Yard; and
WHEREAS, Public Works staff requested a proposal to perform the construction of the Corporation Yard reroof for the City; and
WHEREAS, Premo Roofing submitted a proposal, to perform the roof repairs in the amount of $55,800.00; and
WHEREAS, the Public Works staff has determined that the proposed scope of work and fee are reasonable; and
WHEREAS, an amount of $4,200.00 contingency, approximately 8% of the contract value, should be authorized on an as required basis; and WHEREAS, Premo Roofing has successfully completed similar projects in the past; and
WHEREAS, there are sufficient current funds in the CIP Corp Yard and Auto Shop Capital Repair (No. 344-8910-9561) for the FY 2023/2024 budget; and WHEREAS, Public Works must make preventative and reactive replacement of the damaged roofing system; and
WHEREAS, the project is categorically exempt per Section 15061 of CEQA because the project involves the repair and performance of minor upgrades to existing facilities.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an Agreement for Contractor Services with Premo Roofing for an amount not-to-exceed $55,800.00; and
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BE IT FURTHER RESOLVED, the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 8% contingency for written amendments, extensions, and change orders to the Agreement for Construction Services such that the full value may not exceed $60,000.00; and
PASSED AND ADOPTED at a regular meeting of the City Council duly held on the 2nd day of November 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominque L. Davis, City Clerk
Packet Page 54
610 OLYMPIA ROOF 1
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CITY OF SEASIDE

AGREEMENT FOR CONTRACTOR
SERVICES 610 OLYMPIA AVENUE REROOF
THIS AGREEMENT FOR CONTRACTOR SERVICES is made and effective as of NOVEMBER 2, 2023, between the City of Seaside, a municipal corporation ("City") and PREMO ROOFING, ("Contractor") whose current and valid Contractor’s License #436765 as duly issued by the California Department of Consumer Affairs. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on NOVEMBER 2, 2023 and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. Exhibit A may include any Scope of Work, Plans, Specifications and other related documents specific to the services to be provided by Contractor.

3. PERFORMANCE
a) Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
b) Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. Contractor further agrees to take all necessary precautions for the safety of employees and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. The Contractor shall be responsible for erecting and properly maintaining at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or reasonably foreseeable or unusual hazards. c) At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

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d) The Contractor will obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions. e) Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by Contractor or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section. f) Contractor agrees to comply with all of the applicable provisions of Sections 1777.5 and 1777.6 of the Labor Code, which Sections are hereby specifically referred to, incorporated herein by reference and made a part hereof as though set forth at length herein. g) Contractor agrees that in the performance of this Agreement or any sub-agreement hereunder, neither Contractor nor any person acting on Contractors behalf shall refuse to employ or refuse to continue in any employment any person on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual preference, sex or age. Harassment in the workplace is not permitted in any form.

Contractor further agrees to comply with all laws with respect to employment when performing this Agreement.
h) Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached to and part of this To insure performance, Contractor and any sub-contractor must provide Faithful Performance and Labor and Material Bonds in favor of City, each in the amount of one hundred percent (100%) of the value of the contract.
i) Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Seaside in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial agreement or financial inducement. No officer or employee of the City of Seaside will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, 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 City to any and all remedies at law or in equity.

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

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

7. PAYMENT
(a) City agrees to pay Contractor 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 FIFTY FIVE THOUSAND EIGHT HUNDRED DOLLARS ($55,800.00) which sum shall include all costs, if any, for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) The City Manager's contract authority is limited to a total threshold of $24,999.00 which includes all costs. Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. (c) Contractor 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 City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

7. INSPECTION
City shall at all times have the right to inspect the work and materials. Contractor shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve Contractor from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

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(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5(c).

10. DEFAULT OF CONTRACTOR
(a) Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. If such failure by Contractor to make progress in the performance of work hereunder arises out of causes beyond Contractor's control, and without fault or negligence of Contractor, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon Contractor a written notice of the default. Contractor 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 Contractor fails to cure its default within such period of time, City 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.

11. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor 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. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records at City Hall; shall permit City to make copies and transcripts there from 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 at the City of Seaside City Hall for a minimum period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

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12. INDEMNIFICATION
(a) Indemnification for Professional Liability. Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are actually caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or sub -contractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contractor.
(b) Indemnification for Other Than Professional Liability. Contractor shall indemnify defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or sub-contractors of Contractor.
(c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. (d) Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

13. WARRANTIES
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Contractor agrees that it will warrant all work performed and equipment supplied hereunder for a period of one year or, in the case of equipment, for the period of the manufacturer's warranty if such warranty be for a period longer than one year. Contractor shall immediately correct all defective workmanship discovered within one year after acceptance of final payment by it and shall indemnify and defend City against all loss and damage occasioned by any such defect, discovered within said year, even though the damage or loss may not be ascertained until after the expiration thereof. Nothing herein constitutes a waiver of City's rights or any statute of limitations.

14. INSURANCE
Contractor 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.

15. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to City a wholly independent Contractor.

The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor 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 City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. (c) Any and all employees or sub-contractors of Contractor under this Agreement, while engaged in the performance of any work or services required by Contractor under this Agreement, shall be considered employees or sub-contractors of Contractor only and not of city. Any and all claims that may arise under the Workers’ Compensation Act on behalf of said employees or sub-contractors, while so engaged and all claims made by a third party as a consequence of any negligent act or omission on the part of the Contractor’s employees or sub-contractors, while so engaged in any of the work or services provided for or rendered herein shall not be City’s obligation.

16. PREVAILING WAGE
The general prevailing wage rates are determined by the Director of Industrial Relations, for the County of Monterey. Current prevailing wage rates can be found in “General Prevailing Wage Determinations made by the Director of Industrial Relations” (wage determinations) at the Division of Labor Statistics and Research, Prevailing Wage Unit, P. O. Box 420603, San Packet Page 60
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Francisco, CA 94142, (415) 703-4774, or at DIRs website at http://www.dir.ca.gov/. Changes, if any, to the general prevailing wage rates will be available at the same location.

The Contractor will be required to maintain and distribute certified payroll records in compliance with Section 1776 of the California Labor Code. The Contractor shall register as specified in Labor Code section 1771.1(a). Records shall be made available to the City upon request for inspection or for copies thereof. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations in accordance with Labor Code sections 1725.5 (contractor registration requirements and criteria), 1771.1 (requirement to register as a condition to bid or work on public works), and 1771.4 (project compliance monitoring).

The labor surcharge, equipment rental rates, and the delay factors for each classification of equipment are listed in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates."

17. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, 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 subagreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

18. CONFLICT OF INTEREST
Contractor shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract.

Contractor covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly nor indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or sub-contractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Contractor and/or its sub-contractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

If City determines Contractor comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.) Contractor 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 Contractor’s and/or such other person’s financial interests.

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19. NO WAIVER OF BREACH/TIME
The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder.

20. CONFIDENTIAL INFORMATION/RELEASE OF INFORMATION
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or sub-contractors, shall not without written authorization from the City Manager or unless requested by the City 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 City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or sub-contractors 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 there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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

To City:
__City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
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To Contractor: PREMO ROOFING
235 REINDOLLAR AVENUE, SUITE A
MARINA, CA 93933

22. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

23. ASSIGNMENT
Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Subject to the foregoing, all terms of the Agreement will be binding upon, enforceable by and inure to the benefit of the parties and their successors and assigns.

24. GOVERNING LAW
City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over the City.

Contractor agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

25. ATTORNEY’S FEES AND COURT VENUE
Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) 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.

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

27. ENTIRE AGREEMENT
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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.

28. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
(a) This document represents the entire and integrated Agreement between City and Contractor, and supersedes all prior negotiations, representations and agreements, either written or oral.
(b) Any modification or amendment to this Agreement must be in writing. (c) Neither City nor Contractor shall be deemed to have waived any obligation of the other, or to have agreed to any modification to this Agreement unless it is in writing, and signed by the party giving the waiver.

29. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

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

CITY OF SEASIDE CONTRACTOR
By: By:

Date: Date:

Attachments: Exhibit A Scope of Work/Proposal
Exhibit B Insurance Requirements
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Office: (831) 443-3605 • premoroofing.com
11520 Commercial Pkwy. Castroville, CA 95012 • Est. 1983 • Lice. # 436765

PROPOSAL AND CONTRACT
August 2, 2023
NAME: City of Seaside Public Works
ADDRESS: 610 Olympia Avenue, Seaside, CA 93955
JOB ADDRESS: Same
The undersigned agrees to furnish and provide necessary labor, materials, tools, implements and appliances to do, perform and complete in a good workmanlike manner the following:

Malarkey Highlander NEX 30 Year Polymer Modified Asphalt Shingles & 60 Mil. IB PVC Preparation:

1. Provide re-roofing permit and facilitate required inspections.

2. Cover and protect outside perimeter of main building and two low slope/flat units as needed from reroofing activities.

3. Remove and dispose of the existing tar and gravel roof systems (Two layers detected at main building/pitched roof) cleaning the underlying wood decking of all debris.

4. At pitched roof run string lines vertically over roof attached to nails at bottom and top of each side.

5. Mark string lines at all gaps in existing sheathing boards and disconnect from bottom attachment to allow installation of new felt membrane (Target nailing).

Re-roof (Pitched):

1. Install new pre-painted (factory baked enamel) metal nosing around all outside perimeter edges to protect leading edges of existing roof deck.

2. Apply one layer of ASTM approved 36” roofing felt over the entire roof area secured to existing roof deck with plastic cap nails (two layers to be applied at low slope single story roof sections).

3. Reattach string lines and chalk horizontal lines between marks on string lines highlighting gaps in existing wood sheathing boards.

4. Install new pre-painted 1 ½” x 1 ½” edge metal at all perimeter edges to conceal leading edge of existing sheathing.

5. Install a Fiberglass shingle starter course along bottom perimeter eave edges and secure in place.

6. Install new Malarkey Highlander NEX 30-year polymer modified asphalt shingles over new felt and secure to existing roof deck with 1 ¼” hot dipped galvanized roofing nails.

7. Install new metal plumbing and vent pipe flashings at all roof penetrations to replace existing and paint to match color of new shingles.

8. Install new dimensional fiberglass asphalt ridge cap at ridge locations matching color of new shingles.

Re-roof (Low Slope/Flat Roofs):

1. At two low slope/flat roofs install one layer of ¼” Dens Decking over the entire roof area and secure to existing wood substrate with 2 ¾ round steel insulation plates and 2” screws (Provides class “A” fire rating and uniform and projection free substrate).

EXHIBIT A
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2. Re-roof over the new Dens Decking with 60 Mil (White) PVC single ply membrane fastened to underlying wood substrate at all membrane seams with 2 3/8” steel membrane plates and 1.5” screws 12” on center.

3. Install new 2” x 3” 90-degree PVC cladding metal along outside eave edges to replace existing and secure in place with 1.5” #14 wood screws.

4. Hot air weld new membrane at all field seams.

5. Install new 7/16” OSB at two vertical wall locations to cover with new PVC membrane and provide secure attachment.

6. Extend new PVC membrane up stucco and new plywood walls and secure behind new 24-gauge galvanized metal saw cut counter flashing and existing cladding metal from existing adjacent roof system.

7. Provide and install all remaining PVC membrane components as needed to apply new roof system according to the manufacturer’s recommendations.

Completion and Clean Up:

1. Clean the roof of all roof production debris.

2. Secure the exposed leading edges of all new vent flashing with 1 ½” neoprene washer screws.

3. Remove tarps and protective coverings.

4. Inspect grounds for any loose debris generated during re-roof project including bushes, planters, driveways, window ledges and walkways around perimeter of building.

5. Clean up and haul away all roofing debris from project site.

Additional Details:

1. Install new low profile pre-painted O’hagin attic vents as needed to achieve attic intake and exhaust venting at drop down ceiling locations.

2. Install 24-gauge galvanized metal saw cut counter flashing at stucco rake wall with new 5” x 5” x 8” step flashings and paint to match new shingle color.

3. New shingle roof system carries a 10-year workmanship and 30-year manufacturer’s warranties.

4. New PVC roof system carries a 10-year workmanship and 20-year manufacturer’s warranties.

5. The proposed bid price is to re-roof main pitched roof, one detached and one attached low slope/flat roofs totaling approximately 5,800 square feet of roof area.

All the above is to be completed for the sum of: $45,970.00 Forty-Five Thousand Nine Hundred Seventy and NO/100
Exclusions:

Dry rot and termite damage repairs, new plywood sheathing, corrections of any structural imperfections in existing roof framing discovered upon removal of old roof system such as deflection and unevenness, any additional custom attic venting requirements found to be needed upon removal of old roof system such as (continuous ridge venting, continuous eave venting and frieze block venting), roofing additional buildings, insulation, repairs to stucco walls, gutters, solar considerations, and any additional labor or materials not outlined in the above Proposal & Contract.

Options and Additional Costs:

1. The bid price to install new 7/16” OSB over entire pitched roof: $9,760.00 Initial: _____

ADDITIONAL TERMS, CONDITIONS AND NOTICES THAT YOU, THE OWNER OR SIGNATORY PARTY FOR OWNER ARE SUBJECT TO:
• If needed, replacement of rotten sheathing is billed on a time and material basis (excluding painting). • Sheathing repairs done by Premo Roofing are done for the sole purpose of weatherproofing the roof. • Premo Roofing will not be responsible for any pest infestation or dry rot which may appear in the future. • Any asbestos discovered on the premise shall be the sole responsibility of the owner and Premo Roofing takes no responsibility with respect to the removal and/or disposal of the same.

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• If it becomes necessary to institute suit or to employ an attorney in connection with any dispute arising under the terms and conditions of this contract, the prevailing party shall be entitled to recover all court costs and reasonable attorney’s fees in addition to all damages proven. • If terms and conditions of Proposal & Contract are accepted, the owner of the property is required to sign below indicating acceptance of Proposal & Contract. If an agent or someone other than the owner signs for approval on the owner’s behalf, a Preliminary Lien Notice will be filed and sent to owner of property (See Mechanic’s Lien Law information shown below).
• In the event you cancel the signed contract, after work has started, or materials ordered, a 10% cancellation fee of the bid proposal amount shall be charged in addition to any incurred costs, permit fees, or accrued overhead expenses.
• The terms of payment shall be: In full upon completion of work. • This proposal is void if not accepted within 30 days. • “Under the Mechanic’s Lien Law (California Code of Civil Procedure, Section 1181 ET SEQ.), any contractor, subcontractor, laborer, supplier, or other person who helps to improve your property but is not paid for his work or supplies, has a right to enforce a claim against your property. This means that, after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the subcontractor, laborer, or supplier remains unpaid.”
Contractors are required by law to be licensed and regulated by the Contractor’s State License Board. Any questions concerning a contractor may be referred to the Contractor’s State License Board, 1020 N. Street, Sacramento, California 95814.

Respectfully Submitted,
By Jeremy Premo
Jeremy Premo
Premo Roofing Company
CA License #436765

ACCEPTANCE
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which I/we agree to pay the amount mentioned in the said proposal and in accordance with the terms thereof.

ACCEPTED AND AUTHORIZED BY
Date_____________________ Signed __________________________________ Date_____________________ Signed __________________________________ Packet Page 67
610 OLYMPIA ROOF Exhibit B

EXHIBIT B

INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to AGENCY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

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

General liability insurance. CONTRACTOR 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, and a $2,000,000 completed operations aggregate. 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. CONTRACTOR 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 CONTRACTOR 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.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance 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 Packet Page 68
610 OLYMPIA ROOF Exhibit B
employer’s liability in the amount of no less than an additional $1,000,000. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable 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.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR 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.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to AGENCY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including nonowned disposal sites.

Builder’s risk insurance. Upon commencement of construction and with approval of AGENCY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the AGENCY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

The named insureds shall be CONTRACTOR and AGENCY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to AGENCY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made Packet Page 69
610 OLYMPIA ROOF Exhibit B
payable to the AGENCY. The AGENCY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.

Other provisions or requirements
Proof of insurance. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR, his agents, representatives, employees or subcontractors.

CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. AGENCY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONTRACTOR 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 Packet Page 70
610 OLYMPIA ROOF Exhibit B
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.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The AGENCY, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements 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 CONTRACTOR or AGENCY will withhold amounts sufficient to pay premium from CONTRACTOR 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 VII (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 CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR 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). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform CONTRACTOR 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 Packet Page 71
610 OLYMPIA ROOF Exhibit B
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 CONTRACTOR maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.

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

Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, 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 CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR 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.

CONTRACTOR 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 requirements. 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 CONTRACTOR a ninety (90) day advance written notice of such change.

If such change results in substantial additional cost to the CONTRACTOR, the AGENCY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

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610 OLYMPIA ROOF Exhibit B
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. CONTRACTOR shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: November 2, 2023
SUBJECT: APPROVE A FIFTH AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT WITH RAIMI & ASSOCIATES, INC FOR

COMPLETION OF THE GENERAL PLAN UPDATE AND SIXTH

CYCLE HOUSING ELEMENT TO EXTEND THE TERM AND

INCREASE THE AGREEMENT FUNDING BY AN AMOUNT NOT TO
EXCEED $60,000.00

RECOMMENDATION
Adopt a Resolution to approve a Fifth Amendment to the Professional Services Agreement between Raimi & Associates and the City of Seaside and authorize the City Manager to execute the Amendment on behalf of the City.

BACKGROUND
A General Plan, colloquially referred to as a local government’s constitution, is a document which guides long-term development and defines the vision and goals of a community. California Government Code Section 65300 requires that all cities and counties adopt and maintain a General Plan. The City of Seaside last updated its General Plan in 2004.

On December 17, 2015, the City entered into a contract with Raimi and Associates to complete a comprehensive update of the General Plan (an effort entitled "Seaside 2040"). Under this contract, Raimi was responsible for all aspects of the General Plan Update, including work to be performed by subcontractors. The contract has been amended four times since its original adoption, most recently in 2022, when the scope of the contract was expanded to include preparation of the Sixth Cycle Housing Element.

As of the writing of this Report, the majority of the work has been completed. An Packet Page 74

Item No.

8.E.

updated General Plan has been drafted and has gone through several rounds of public review. A draft Zoning Ordinance has been prepared and is under review by staff.

Required environmental studies and analysis have been completed and a Draft Environmental Impact Report (DEIR) was released for public comment on October 26, 2023. The Housing Element has been completed and the subconsultant (Veronica Tam & Associates) and City Staff are working with the California Department of Housing and Community Development to finalize the document. Tasks that remain include providing final updates to the General Plan document based on public comments received in the most recent public outreach, responding to comments received on the DEIR and preparation of a Final EIR, final completion of the Housing Element, and preparation of accompanying materials for adoption of these items by the City Council.

Under the most recent (Fourth) Amendment, the Agreement is scheduled to expire on December 31, 2023. While it is likely that the Housing Element will be completed by then, completion of the remainder of the General Plan will not occur by that time.

Therefore, staff is recommending that the Agreement be extended by an additional year to provide time for the work to be completed. Additionally, Council allocated a total of $60,000 in the Fiscal Year 2023-2024 budget for the General Plan Update ($40,000) and Housing Element ($20,000) to ensure that sufficient funding remained to see the project through to completion; this Fifth Amendment would add these funds to the contract to make them available for use if needed.

FISCAL IMPACT
This Item would increase the value of the contract by $60,000. As these funds have already been included in the FY 23-24 Budget, there would be no fiscal impact.

ATTACHMENTS

1. Resolution - GPU Contract Fifth Amendment

2. EXHIBIT A - Proposed Fifth Contract Amendment

3. GPU Contract - Executed - 2015-12-17

4. First Amendment - Executed - 2018-04-26

5. Second Amendment - Executed - 2019-02-07

6. Third Amendment - Executed - 2021-03-04

7. Fourth Amendment - Executed - 2022-06-27
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-

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

AN AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT WITH RAIMI + ASSOCIATES, INC FOR COMPLETIONOF THE GENERAL PLAN UPDATE AND

SIXTH CYCLE HOUSING ELEMENT
WHEREAS, on December 17, 2015, Raimi + Associates and the City of Seaside entered into an Agreement (the “Contract”) to complete the City’s 2040 General Plan Update and an Environmental Impact Report (“EIR”); and
WHEREAS, this Contract was most recently amended on April 21, 2022, to expand the scope of the contract to include the Sixth Cycle Housing Element; and WHEREAS, the Contract has a current expiration date of December 31, 2023; and WHEREAS, while the Draft EIR has been completed and released for public comment, additional work will likely be necessary following the receipt of public comments on the EIR; and
WHEREAS, an extension of the Contract’s expiration date is necessary to ensure that the City can respond to public comments on the EIR and make adjustments to the final General Plan Update and EIR as deemed necessary at that time; and WHEREAS, the City Council has included $40,000 in the budget for the General Plan and $20,000 for the Housing Element ($60,000 total) to fund final work on each project.

NOW, THEREFORE, BE IT RESOLVED that the City of Seaside City Council hereby approves the Fifth Amendment to the Contract, attached as Exhibit A, and authorizes the City Manager or designee to execute said Amendment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside held on the 2nd day of November, 2023 by the following vote:

AYES: ____ COUNCIL/AGENCY MEMBERS
NOES: ____ COUNCIL/AGENCY MEMBERS
ABSENT: ____ COUNCIL/AGENCY MEMBERS
ABSTAIN: ____ COUNCIL/AGENCY MEMBERS
___________________________
Packet Page 76
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique Davis, City Clerk
Attach:

Exhibit A – Proposed Fifth Contract Amendment
Packet Page 77

FIFTH AMENDMENT TO CITY OF SEASIDE

PROFESSIONAL SERVICES AGREEMENT
THIS FIFTH AMENDMENT hereby amends the CITY OF SEASIDE
PROFESSIONAL SERVICE AGREEMENT dated December 17, 2015, between the City of Seaside, a municipal corporation (City) and Raimi + Associates, Inc., a California Corporation (Consultant), as follows:

1. Paragraph 5. entitled " PAYMENT'' is hereby amended as follows:

P AYMENT
City agrees to make monthly payments to Consultant an added amount not to exceed $60,000 for time expended and costs incurred to complete the tasks necessary to draft, adopt, and certify the City’s General Plan Update and Housing Element. Said payments shall be made consistent with the provisions of the original paragraph entitled “PAYMENTS''.

2. Paragraph 1. entitled " TERM" is hereby amended as follows:

The term of the Agreement as specified in Paragraph 1 is extended through December 31, 2024.

3. City and Consultant agree that all other terms and conditions as set forth in the Professional Services Agreement dated December 17, 2015, as previously amended, shall remain in full force and effect.

IN WITNESS THEREOF, the parties hereto have caused this Fourth Amendment to the City of Seaside Professional Services Agreement between the City of Seaside and Raimi + Associates, Inc. to be executed this 2nd day of November, 2023.

CITY OFSEASIDE RAIMI + ASSOCIATES, INC
By:_
Jaime Fontes, City Manager
By:_
Matt Raimi, President and CEO
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AG 19-22

SECOND AMENDMENT TO

CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT
THIS SECOND AMENDMENT, hereby amends the CTTf OF SEASIDE PROFESSIONAL SERVICE AGREEMENT dated December 17, 2015, between the City of Seaside, a municipal corporation (City) and Raimi + Associates, Inc., a California Corporation, (Consultant), as follows:

I. Paragraph 5. entitled "PAYMENT" is hereby amended to read as follows:

PAYMBNT
City agrees to make monthly payments to Consultant an added amount of $66,618, for time expended and costs incurred, due to additional work required as a result ofthird-party litigation and modification of the California Environmental Quality Act (CEQA) guidelines affecting the tasks which were approved in Exhibit A of the original Professional Service Agreement dated December 17, 2015. Said payments shall be made consistent with the provisions of the original paragraph entitled "PAYMENTS".

2. City and Consultant agree that all other terms and conditions as set forth in the Professional Service Agreement dated December 17, 2015 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to City of Seaside Professional Service Agreement between the City of Seaside and Raimi + Associates, Inc. to be executed this 7th day of February, 20)9.

CITyOFSEASmE Date: RAIM1 + ASSOCIATES, NC. Date:

By:
alin. City Manager
By: ^ ^-
Matt Raimi, President and CEO
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.^i

CTJKM VISION THAT MOVES YOUR COMMUNITY
January 30, 2013
Kurt Overmeyer
Economic Development Director
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
Subject: Scope & Fee for Vehicle Miles Traveled (VMT) Analysis DearKurt:

Thank you for the opportunity to provide this scope and fee to provide an analysis of vehicle miles traveled (VMT) utilizing the AMBA6 model for the Seaside 2040 General Plan EIR, and to provide VMTrelated data from the AM BAG model as requested for the Campus Town Specific Plan EIR.

PROPOSEO SCOPE OF WORK
TJKM will perform the following work, divided between two tasks:
. Task 1: Citywlde VMT Analysis for Seaside 2040 General Plan EIR . Task 2: VMT Data for Campus Town Specific Plan EIR
Task 1. Cltywlde VMT Analysis for Seaside 2040 General Plan EIR TJKM will utilize the AMBAG model and prepare an analysis of citywlde VMT for the following three scenarios:
. Existing Conditions
. 2040 Conditions with Existing General Plan
. 2040 Conditions with Proposed General Plan
For each scenario: TJKM will compare the citywlde Daily VMT per capita with a regional average, anticipated to be a 3-county average for the entire AM BAG model area. Consistent with SB 375 standards, VMT Impacts would be less than significant provided citywide VMT per capita under the Proposed General Plan is 15 percent or more below the selected regional average. In addition. the comparison of per capKa VMT between the three scenarios would be of interest.

TJKM will provide a draft letter report summarizing the VMT analysis, documenting the results in a format that that can be readily inserted into the Draft General Plan EIR. Following city review, TJKM will update the draft letter report to Incorporate comments received, prior to providing a final letter report.

Task 2. VMT Data for Campus Town Specific Plan
TJKM will utilize the AMBAG model to provide data for Fehr & Peers' use In calculating per capita VMT for the Campus Town Specific Plan EIR.
www.TJKM.com
PLEASANTON » SAN JOSE « SANTA ROSA * OAKLAND » SACRAMENTO * FRESNO Corporate Office. 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 Phone 925 463.0611 Fax' 925.4G3.3690 Email [email protected] DBE 1140772 » SBE #38780
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C (TJKM VISION THAT MOVES YOUR COMMUNITY
Attachment A - Hourly Billing Rates
Rate Schedule
Principal...................................................................................... $220/hour Director............................................................................................ 200/hour Senior Project Manager.................................................................. 190/hour Project Manager............................................................................. 160/hour Senior Transportation Engineer........................................................ 140/hour Engineer........................................................................................... 130/hour Assistant Engineer............................................................................. 115/hour Graphics Designer............................................................................. 100/hour Technical Staff..................................................................................... 80/hour Technical Staff II................................................................................. 80/hour Administrative Staff.......................................................................... 80/hour Production Staff.................................................................................. 55/hour Packet Page 130
RINCON CONSULTANTS, INC.

Add Services: Seaside General Plan EIR Legal Comments and CEQA Guideline Update Cost Estimate
iTmks
Ruicnn I abor Classification -?
Labor Cost Hours $322 »150 ¥113 $1)0
Nsm
3»
{75
TASK 1; Round Z Comments un DEIR/Respond to legBl Comments Task 1.1 ExecuthwSummnry
Tart 1, Z Project Detcliptlon
Tadtl.SAnsthettcs
TMkl. 4A)rQua)ny
Task 1.5 Biological Ratources
Task 1.6 Cultural and Pafno Rasourcel
Task 1.7 Geology and Soils
Taricl.S Greenhouse Gas Emlsiloni
Tad(l*9H<izardtandHawnlouiMatT)alt
Taik 1.10 Hydrology and Water qutllty
Task l.U Land Use and Planning
Task 1,12 Notie
Task 1.13 Poputatton and Houdng
Task 1, M PuUte Senrtce and ReereaUon
Task 1,15 TrensportgttonandTrefflc
Task l.lSTrlbal Cultural
Taskl.17 Utilities and Senrice Syrtems
5ubtart 1.18 Revisions to Water Supply AiMttment
Section 1. 19 EtfacB Found UKt Than Significant
Section 1.20 Other CEQA Required Dlauutons
Section 1.21 Alternatives (Revlstons based nnatheT Sscttoni and New Alternative) Sectfan 1. 22 Refemnces
$300
$wz
$1.272
$'1,726
$1313
$1.050
$598
$3,230
$972
$1.237
$824
$972
$972
$1,272
$1,872
S711
$2^17
$6, 7Z7
SB7i
$U>50
$4.272
$2,089
2 1
s
13 10
B
4 2S
6 9
6 6
6 8
12 5
20 53
1 a
2B
22 _Tta*_Sublpfal ja&tBO 265 so ) 17 108
Tarit 2i Update EinCondstentwtth Update CEQAGuWennes
Tart2.1 Updates and new WlkfflnSectton $5, 77a
TashSubtoicjl SM78 -43- 24
Task 3: Project Management (Includei cnoidinatton Internally and with legal, City, stc) $2, 610 TaskSttilolal
SUBTQT/ILCOST ?
^. 6)0 15
«4^1£ $ T, 13S . $ S, 10t>: $ 19/J5CI $ 14.91& ; GGO i, 651 ? Summaw
Profttsloml Fee* Suhtatel
TOTAL PROJECT BUOGFT i
1/15/2019
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7 RINCON CONSULTANTS, INC.

Add Services: Seaside General Plan EIR Legal Comments and CEQA Guideline Update Cost Estimate
Hncon bnbor Ctossthcolion .*
Bsi il
11 llaikt Labor Cos; HOUR
ss $150 $113 $110 $93 $75
TASK It Round 2 CMnmenB un DEIR/Rcapond to legal Comments Ttk 1.1 Eiccutlm Suramaty
Task 1. 2 Projact Description
Taikl.3Aarth<itlcB
Talk L4 Air Quality
Task 1. 5 Biological Resources
Task 1,6 Cultural and Paleo Resawcss
Task 1.7 Geology and Soil*
Task 1. 8 Greenhouue Gai Emlatona
Task 1. 9 Hazards and Hazaidous Materials
Task LID Hydrology and Water Quality
Task 1. 11 Land Use find Plannire
Task 1. 12 Noise
Task 1.13 Population and Houilng
Tart 1. 14 Public Service and Recreatton
Tart l.lSTnntportathan and Traffic
Task 1.16 Tribal Cdtural
Tiritl. l7Utillttcsand Service Systems
Sulrtask 1.18 Revisions to Water Supply AiiessmBnt
Section 1.19 Etfectt Found iess Than Sleniffcant
Section 1.20 OtherCEW R«quind Dtscuntons
Section 1.21 AltamatlWt (Revktore bated on other Section and New Altemntlw) Sactlon 1.22 Reference*
$300
$672
$1, 272
$1,726
$1.313
$1/150
SSSB
$3, 230
$972
$1,237
^824
$972
$952
$1,272
?V!72
<7U
$2, 817
$d, 727
$a?a
$1,050
$4.272
S20S
2 A
a
13 10
8 4
25 6
9 6
6 6
8 li
s
10 53
2 8
28 22
3 15
35 6
1 .
hskSititafal 13WO 2&S 20 117 f OS
Task 2i Update ElftCoiufitwt With Update CEQA Guidelines Tatkll UpdatuandnnwWllrfflnSBctbn
JoskSitototaS
$5.77fl
K.7W 43 24
Task 3; Pralect Manaeement (Includes coordtnatton Internally and wdth legal, Ctty, ate) $2. 610 ffisfcSLbfofaf
SUUTOIAL COST ?
$2,610
-M.4J3 S . 1. 1.1 , 105 $. lr)"I>0 $ 1^,911, . $ .... 6CO . $ G'. l i Summafy
TOTAl PROJECT BUDdET
1(15/2018
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FOURTH AMENDMENT TO

CITY OF SEASIDE

PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT hereby amends the CITY OF SEASIDE PROFESSIONALSERVICEAGREEMENT dated December 17, 2015, between the City of Seaside, a municipal corporation (City) and Raimi + Associates, Inc., a California Corporation (Consultant), as follows:

1. Paragraph 5.entitled "PAYMENT'' is hereby amended to read asfollows:

PAYMENT
Cityagreesto make monthly paymentstoConsultant anadded amount not to exceed $180,000 for time expended and costsincurred to complete the tasks necessary to draft, adopt, and certify the City’s Housing Element. Said payments shall be made consistent with the provisions of the original paragraph entitled “PAYMENTS''.

2. Paragraph 1. entitled "TERM" is hereby amended as follows:

The term of the Agreement as specified in Paragraph 1 is extended through December 31, 2023.

3. Exhibit A, Scope of Services, is hereby amended by Attachment “A”, attached hereto and incorporated herein as though set forth in full.

4. Cityand Consultant agree that all otherterms and conditions assetforth in the Professional Services Agreement datedDecember 17,2015shallremain in full force andeffect.

IN WITNESS THEREOF, the parties hereto have caused thisFourthAmendment tothe Cityof Seaside Professional ServicesAgreement between the City of Seaside and Raimi + Associates, Inc. to be executed this _____day of June, 2022.

CITY OFSEASIDE RAIMI + ASSOCIATES, INC
By:______________________________
Roberta Greathouse, Acting City
Manager
By:_______________________________
Matt Raimi, President and CEO
DocuSign Envelope ID: 1EDAB440-3448-47E0-9AB5-E85D03C9F74C 27th
DocuSign Envelope ID: 70771BD4-1621-4A4F-A593-5F8A67FC4126 Packet Page 134
Berkeley
1900 Addison St, Suite 200
Berkeley, CA 94704
510.666.1010
Los Angeles
706 South Hill Street, 11th Floor
Los Angeles, CA 90014
213.599.7671
Riverside
3600 Lime Street, Suite 216
Riverside, CA 92501
www.raimiassociates.com 951.801.5350

ATTACHMENT A
to the Fourth Amendment to the City of Seaside Professional Services Agreement dated December 17, 2015, between the City of Seaside, a municipal corporation (City) and Raimi + Associates, Inc.

City of Seaside General Plan and Environmental Impact Report Update Scope of Work
This section summarizes the changes that are made to Exhibit A, the Scope of Services. Additional details are provided as attachments.

Task 11: Housing Element 6th Cycle will be added as follows:
• Task 11.1 – Housing Element 6th Cycle Project Management and Coordination • Task 11.1a - Project Kickoff Meeting (Virtual)
At the Project Kickoff Meeting, VTA will attend a teleconference meeting with City staff to review and refine the scope of work, discuss expectations, assumptions, collect information sources, and go through the project schedule and work plan for carrying out the work.
• Task 11.1b - Project Management, Coordination, and Quality Control We propose teleconference meetings twice per month to discuss progress and potential issues, to ensure we are on track to meet the December 2023 deadline. • Task 11.2 – Community Engagement
One of the most critical aspects of the Housing Update Element process is the public participation process. The Housing Element, and the newly added AFFH analysis in particular, relies heavily upon local knowledge to supplement and better understand the data and housing issues at hand, as well as, creating the programs that work best to serve local and regional needs.
• Task 11.2a – Stakeholder Meetings
R+A will conduct up to ten (10) one-hour stakeholder meetings or four (4) focus group meetings. Stakeholders will be identified with staff and may include City Council members, Planning Commission members, advocacy organizations, developers and major property owners, and community leaders. R+A will prepare a brief memorandum summarizing the results of the stakeholder interviews.
• Task 11.2b – Community Meetings
At key points during the process, R+A will organize two (2) community workshops (virtual or in person). These are expected to be evening or weekend meetings that last approximately two hours. Each workshop will include an opening presentation followed by interactive exercises. R+A will develop the workshop format, prepare the agenda, prepare relevant materials, facilitate the workshop (lead facilitator and 1-2 assistants), and provide summary notes documenting input and identifying common discussion themes.

DocuSign Envelope ID: 1EDAB440-3448-47E0-9AB5-E85D03C9F74C DocuSign Envelope ID: 70771BD4-1621-4A4F-A593-5F8A67FC4126 Packet Page 135
2 R+A will provide an outreach flyer for each meeting that can be distributed via email and through existing City channels.
• Task 11.2c – Study Sessions
VTA will conduct two (2) study sessions before the Planning Commission and/or City Council. These sessions may be conducted at two different stages, one to kick-off the Housing Element process and the second one to review the Draft Housing Element (see also Task 4.2).
• Task 11.3 – Research and Analysis
• Task 11.3a – Assessment of the Mid-Term Update to 2015-2023 Housing Element As an initial task to the Housing Element update, we will review and evaluate the City’s progress in implementing the 2019 Mid-term Update to the 2015-2023 Housing Element.

The City’s 2021 Housing Element Annual Progress Report (APR) is a good starting point for this evaluation.
• Task 11.3b – Existing Conditions and Needs Assessment The Housing Needs Assessment will contain the following topics to satisfy Government Code Section 65583(a) requirements: a) demographics, income, and employment trends; b) household characteristics; c) housing stock characteristics; d) at-risk housing analysis; and analysis of special housing needs. We will utilize a variety of data sources to update the City’s Housing Element needs assessment. These include ACS, 2020 Census, Department of Finance population and housing estimates, State Employment Development Department labor statistics, and housing market data, among others. • Task 11.3c – Sites Inventory and Resources
We understand the City anticipates a Regional Housing Needs Allocation (RHNA) of about 616 units (141 lower income and 475 moderate/above moderate income units). We assume the General Plan update will provide sufficient capacity for the RHNA. However, new State law (AB 1397) places significant requirements on qualifying sites.

We will use the current sites inventory as a starting point and work with the City to determine which sites are still viable RHNA sites based on new state law requirements.

We will update the site selection criteria to identify new sites and reevaluate sites identified from the 5th Cycle Housing Element Land Inventory. As part of the site selection process, we will consider the General Plan policies and land use density range, zoning, available infrastructure, and opportunities within approved specific plans. We will formulate General Plan and zoning strategies that will address additional housing unit capacity.

This task also assumes a high level of collaboration with City staff to identify and evaluate individual sites and essential development criteria and likelihood based on local knowledge such as ownership status and interest, tenant status, stability and turnover, and particular opportunities and constraints. As part of the housing sites analysis, we will complete the following:
o Document potential sites. We will prepare an inventory, map, and analysis illustrating the City’s capacity to accommodate the 6th Cycle RHNA. In keeping with State law, we will document the realistic development capacity of each site based on local development trends and/or proposed programs, and prepare a map showing all DocuSign Envelope ID: 1EDAB440-3448-47E0-9AB5-E85D03C9F74C DocuSign Envelope ID: 70771BD4-1621-4A4F-A593-5F8A67FC4126 Packet Page 136
3 identified sites. We recommend safe and defensible assumptions to facilitate HCD approval and to avoid and minimize the no net loss risks. o Review sites for whether they affirmatively further fair housing. We will prepare an evaluation of the sites to determine how they meet the AFFH rule and will work with City staff to determine if the sites identified in the inventory are located throughout the community in a manner that has the ability to affirmatively further an increase in fair housing.
o Non-vacant sites analysis. We will complete an analysis of non-vacant sites to address a portion of the RHNA. As part of this task, we will analyze the realistic development potential within the planning period by considering the extent that a non-vacant site’s existing use impedes additional residential development, the jurisdiction’s past experience converting existing uses to higher density residential development, market trends and conditions.
o Analyze the local housing trends to establish site potential estimates. Anticipated and actual project densities will be used to the project and will substantiate assumed future development yields of proposed RHNA sites. This task assumes that City staff will document and compare the maximum zoning density to the actual project yield, including percentage and types of affordable units from development projects built, approved or under review during the 5th cycle period.
• Task 11.3d - Housing Constraints
We will identify potential governmental and non-governmental constraints to housing production, including environmental and infrastructural constraints. This analysis must contain a review of factors that may potentially constrain the development, improvement, and preservation of housing in Seaside. Factors to be reviewed include market, governmental, environmental, and infrastructural constraints.

We will update the City’s existing Housing Element with new state law requirements.

Additional impediments may be identified based on discussions with staff and stakeholders.
• Task 11.3e – Housing Goals, Policies, and Quantified Objectives Based upon the analyses and research conducted in the previous tasks, we will update the Housing Element. For each program included in the Housing Element, we will establish the timeframe for implementation, specific objectives, funding sources, and responsible agencies. The programs will satisfy requirements of Government Code Sections 65583(b) and (c).
• Task 11.3f - Affirmatively Furthering Fair Housing (AFFH) We will prepare and incorporate a new appendix for the AFFH analysis. The federal AFFH rule requires the jurisdiction to take “deliberate action to explicitly address, combat, and relieve disparities resulting from past and current patterns of segregation to foster more inclusive communities.” Assembly Bill 686 extended this AFFH requirement to cities and counties in California. Cities must incorporate fair housing issues, analysis, goals, and actions when updating their housing element. As such, we will prepare an analysis of fair housing issues, identify contributing factors, develop goals and actions, and review prior goals and actions. Fair housing issues to be assessed include review of fair housing enforcement and capacity, segregation and integration, racially/ ethnically concentrated areas of poverty, access to opportunity, and disproportionate housing needs and displacement risk. Analysis will consider local and regional patterns and trends, and local data and knowledge gathered from effective community engagement.

DocuSign Envelope ID: 1EDAB440-3448-47E0-9AB5-E85D03C9F74C DocuSign Envelope ID: 70771BD4-1621-4A4F-A593-5F8A67FC4126 Packet Page 137
4 We will review, assess, and integrate as appropriate the data and analyses from the Monterey County Analysis of Impediments to Fair Housing Choice. VTA has worked closely with HCD to fulfill the new and extensive AFFH guidance and HCD requirements. • Task 11.4 – Housing Element Preparation
• Task 11.4a – Draft Housing Element
We will prepare the following drafts: Administrative Draft for staff review; Public Review Draft for City Council Review; and HCD Review Draft.
• Task 11.4b - Public Review Draft Study Session (included in Task 2.3) This can be one of the two meetings budgeted under Task 2.3. VTA will prepare and attend a study session before the Planning Commission or City Council (or jointly) to obtain public input on the Public Review Draft Housing Element. The hearing will be held during the 30-day public review period and prior to the 90-day HCD review period. The presentation will summarize the purpose and content of the Housing Element, the process and input to date, key changes including any necessary rezoning and housing programs and will include opportunity for public comment. Our budget assumes the City will arrange for translation services if requested.
• Task 11.4c – Housing Element and HCD Review
HCD review of the Draft Housing Element is mandatory. During the review, we would work to address all HCD comments. We would communicate with HCD and facilitate review of the revisions via revised pages. All revisions made to the Draft Housing Element would be shown as tracked changes. The goal is to secure a Finding of Substantial Compliance on the Draft Element before proceeding to adoption. We have program our timeline to allow for two rounds of HCD review.
• Task 11.4d – Public Hearings for Adoption
We will conduct two in-person public hearings before the Planning Commission and City Council for Housing Element adoption.
• Task 11.4.e – State Certification
After adoption, the Housing Element must be submitted to HCD for its final review (60 days). We will follow through with assisting the City in achieving State certification of the Housing Element. Our proposed schedule is intended to give the City the best chance of completing the certification process within the 120-day grace period of the statutory deadline.
• Task 11.5 – Housing Element EIR Addendum Preparation
• Task 11.5a: Addendum Initiation Meeting
Rincon’s Project Manager and/or Principal in Charge will prepare for and attend an initiation meeting upon start-up of the EIR Addendum. This meeting will serve as a forum to review and confirm study objectives and finalize working schedules. • Task 11.5b: Draft Addendum
Rincon will prepare a Draft Addendum pursuant to the requirements set forth in Section 15164 of the CEQA Guidelines. The Draft Addendum will include the following content:
o Introduction. The Addendum will include introductory information, including a brief description of the project history and an explanation of the relationship of this DocuSign Envelope ID: 1EDAB440-3448-47E0-9AB5-E85D03C9F74C DocuSign Envelope ID: 70771BD4-1621-4A4F-A593-5F8A67FC4126 Packet Page 138
5 document to previous analysis, as well as a description of the required contents and applicability of preparing an Addendum.
o Environmental Impact Evaluation. The Addendum will evaluate whether the proposed Housing Element Update would have different environmental impacts or a different degree of impact than those identified in the certified EIR. The impact evaluation will address all issue areas discussed in the EIR, with most issues being addressed in a brief, qualitative discussion. We assume that transportation, air quality/greenhouse gas, and noise impacts will not require new modeling. If new modeling is required, it is assumed that Raimi or the City will coordinate the preparation of an updated traffic analysis for incorporation into the Addendum.

The Draft Addendum will be in the format of a stand-alone report. Rincon will submit an electronic copy of the Draft Addendum in Microsoft Word and PDF formats for City review and comment. No hard copies will be provided.
• Task 11.5c: Final Addendum
Rincon will address City comments on the Draft Addendum and prepare the Final Addendum. We assume that, consistent with the CEQA Guidelines, the document will not be specifically and separately circulated for public comment. • Task 11.5d: Project Management
This task includes management and coordination through the duration of the project, including coordination with Raimi and the City; project oversight; budget and schedule management; and project accounting including billing and accounts receivable efforts.

Project Budget
The project budget is modified as follows:

Firm Current Budget New Budget Change
Veronica Tam &
Associates
$64,360 $195,360 $131,000. This change includes
the 6th Cycle Housing Element.

Rincon
Consultants, Inc.
$432,481 $444,257 $11,776. This change includes
preparation of the EIR
Addendum (11.5).

Raimi &
Associates, Inc.
$535,352 $564,852 $29,500. This change includes
Housing Element coordination
with the General Plan (11.1b)
stakeholder meeting
facilitation (11.2a) and
workshop facilitation (11.2b).

DocuSign Envelope ID: 1EDAB440-3448-47E0-9AB5-E85D03C9F74C DocuSign Envelope ID: 70771BD4-1621-4A4F-A593-5F8A67FC4126 Packet Page 139

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: November 2, 2023
SUBJECT: ADOPT A RESOLUTION APPROPRIATING $20,000.00 FROM

THE GENERAL FUND TO THE CUTINO PARK IMPROVEMENT
PART 2 PHASE 1 PROJECT AND APPROVING $118,000.00 IN

ADDITIONAL CONTINGENCY TO THE CONSTRUCTION

AGREEMENT WITH GRANITE ROCK COMPANY FOR A TOTAL

CONSTRUCTION AMOUNT THAT DOES NOT EXCEED
$1,494,488.30

RECOMMENDATION
Adopt a resolution appropriating $20,000.00 from the General Fund to the Cutino Park Improvements Part 2 Phase 1 Project and approving $118,000.00 in additional contingency to the construction agreement with Granite Rock Company for a total construction amount not to exceed $1,494,488.30.

BACKGROUND
Cutino Park Improvements Part 2 Concept Plan incorporated two Phases; Phase 1 includes a parking lot, playground, and pathways, bleachers, and a natural grass lawn.

Phase 2 includes a fitness area, a fitness trail, and picnic areas. Due to the estimated construction costs, the City Council directed staff to proceed with construction of Phase

1. On March 2, 2023, the City Council awarded the construction contract for Cutino Park Improvements Part 2 Phase 1 Project to Granite Rock Company (Granite Rock) for an amount not to exceed $1,251,353.50. The City Council also authorized the City Manager to approve change orders to the construction agreement up to the contingency amount of $125,134.80 for a total construction cost not to exceed $1,376,488.30.

Construction began on April 13, 2023 and is currently underway. Demolition, grading, playground improvements, pathway and lighting, storm water treatment, and utility Packet Page 140

Item No.

8.F.

relocations have been completed. During the course of the work, several unforeseen conditions were discovered which resulted in the extra work not covered by the construction agreement. Extra work required for unforeseen conditions involved:
removal of transite pipe; upgrades to the bleacher and water fountain; removal of additional concrete; adjustment of manholes to the finished grade; replacement of additional sidewalk, and construction of a rolled curb. There have been a total of 6 change orders to date, totaling $65,670.11, leaving $59,465.19 remaining in the contingency budget. In addition to the approved change orders, there are two pending change orders to offhaul an estimated 300 cubic yards of excess soil to be removed from the site, and patch and apply a concrete finish to the existing concrete adjacent to the storage facility. The total of the extra work already performed and the requested proposed work are just around the remaining contingency amount, and $20,000.00 is being requested from the General Fund for unforeseen items until completion of the project. If the additional amount is not needed by the end of the project, it will be liquidated to the fund account.

On October 2, 2023, the Neighborhood Improvement Commission (NIC) recommended $98,000.00 towards the Cutino Park Improvements Project budget for the construction of three additional picnic areas originally identified in Phase 2. NIC's recommendation is being considered with another agenda item at this November 2, 2023 City Council Meeting. The additional picnic areas consist of concrete pads, concrete picnic tables and benches, landscaping, and irrigation.

An additional contingency of $118,000.00 is necessary until completion of the project for the addition of the three picnic areas and to address the outstanding amount for the proposed change orders, and unforeseen conditions as they arise. Staff recommends adopting a resolution appropriating $20,000.00 from the General Fund to the Cutino Park Improvements Part 2 Phase 1 Project (348-8910-9570) and approving $118,000.00 in additional contingency to the construction agreement with Granite Rock for a total construction amount not to exceed $1,494,488.30.

FISCAL IMPACT
The current total budget for the Cutino Park Improvements Part 2 Phase 1 Project (348- 8910-9570) is $1,713,658.00. After the budget appropriation from the general fund ($20,000.00) and the Neighborhood Improvement Commission ($98,000.00), the Cutino Park Improvements Part 2 Phase 1 Project will have a total budget of $1,831,658.00.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:

Packet Page 141

Item No.

8.F.

_________________________________________
Jaime M. Fontes, City Manager
Packet Page 142
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROPRIATING $20,000.00 FROM THE GENERAL PLAN TO THE CUTINO PARK IMPROVEMENTS PART 2 PHASE 1 PROJECT AND APPROVING
$118,000.00 IN ADDITIONAL CONTINGENCY TO THE CONSTRUCTION

AGREEMENT WITH GRANITE ROCK COMPANY FOR A TOTAL PROJECT CONSTRUCTION NOT TO EXCEED $1,494,488.30
WHEREAS, the Cutino Park Improvements, Part 2, Phase 1 Project (Project) is an approved City Capital Improvement Project identified in the fiscal year 2023-2024 annual budget; and
WHEREAS, the proposed improvements include the demolition of existing concrete structures; removal and replacement of trees; installation of new turf/ landscaping, irrigation, picnic benches, water fountain, bike racks, and visitor bleachers; and construction of ADA pathways, concrete pad for the bleachers, a parking lot with lighting, and a playground with new equipment; and
WHEREAS, Granite Rock Company was awarded the construction agreement for an amount not to exceed $1,251,353.50 and total project construction cost, including a 10% contingency of $1,376,488.30; and
WHEREAS, during the course of the work, several unforeseen conditions were discovered which resulted in the extra work not covered by the construction agreement; and
WHEREAS, extra work required for unforeseen conditions and pending proposed work may exceed the contingency amount; and
WHEREAS, $20,000.00 is being requested from the General Fund to the project budget for unforeseen items until completion of the project; and WHEREAS, on November 2, 2023, the City Council approved $98,000.00 of the Neighborhood Improvement Commission funds to the Project for the construction of three additional picnic areas originally identified in the conceptual master plan; and WHEREAS, a total of $118,000.00 in additional contingency is necessary until completion of the Project for the addition of the three picnic areas and to address the outstanding amount for the proposed change orders, and unforeseen conditions as they arise.

Packet Page 143
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside appropriates $20,000.00 from the General Fund to the Cutino Park Improvements Part 2 Phase 1 Project (348-8910-9570).

BE IT FURTHER RESOLVED, that the City of Seaside City Council approves $118,000.00 in additional contingency to the construction agreement with Granite Rock Company for the Cutino Park Improvements Part 2 Phase 1 Project (account No. 348- 8910-9570) and authorizes the City Manager to execute written amendments, extensions, and change orders to the construction agreement such that the total does not exceed $1,494,488.30.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 2nd day of November 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
____________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
_____________________________
Sheri L. Damon, City Attorney
Packet Page 144

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: November 2, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING $57,000.00 IN

ADDITIONAL CONTINGENCY TO THE CONSTRUCTION
AGREEMENT WITH KRAEMER ENGINEERING, INC. FOR THE

FERNANDO PARK IMPROVEMENTS PROJECT FOR A TOTAL

CONSTRUCTION AMOUNT THAT DOES NOT EXCEED
$215,078.25

RECOMMENDATION
Adopt a resolution approving $57,000.00 in additional contingency to the construction agreement with Kraemer Engineering Inc. for the Fernando Park Improvements Project for a total construction contract amount not to exceed $215,078.25.

BACKGROUND
Fernando Park is located on Fernando Street between Mingo Avenue and San Pablo Avenue. The existing park consists of an asphalt pathway around the playground area, surrounded by a rock walk, with access from Fernando Street and a pedestrian walkway easement that leads to Mescal Street. The Fernando Park improvements Project (Project) will involve earthwork and grading, new play equipment, an accessible picnic table with bench, hand sanitation station, wood chip play surfacing, an accessible ramp, rock wall, concrete curbs, and a concrete walkway along the southern portion of the park. Kraemer Engineering Inc. (Kraemer) was awarded the construction agreement for an amount not to exceed $143,707.50 including a 10% contingency for a total construction amount not to exceed $158,078.25. Construction began on September 13, 2023 and is currently underway with an expected completion in December 2023.

On October 2, 2023, the Neighborhood Improvement Commission (NIC) recommended $57,000.00 towards the Fernando Park Improvements Project budget for the Packet Page 145

Item No.

8.G.

construction of the northern walkway, barbeque and additional bench. NIC's recommendation is being considered with another agenda item at this November 2, 2023 City Council Meeting.

An additional contingency of $57,000.00 is necessary until completion of the project for the construction of the northern walkway, barbeque, and additional bench. Staff recommends adopting a resolution approving $57,000.00 in additional contingency to the construction agreement with Kraemer Engineering Inc. for a total construction amount not to exceed $215,078.25.

FISCAL IMPACT
The current total project budget for the Fernando Park Improvements Project (342- 8910-9582) is $251,562.25. After the budget appropriation from the NIC, the Fernando Park Improvements Project will have a total budget of $308,562.25.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 146
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING $57,000 IN ADDITIONAL CONTINGENCY TO THE
CONSTRUCTION AGREEMENT WITH KRAEMER ENGINEERING, INC. FOR THE

FERNANDO PARK IMPROVEMENTS PROJECT FOR A TOTAL CONSTRUCTION AMOUNT NOT TO EXCEED $215,078.25
WHEREAS, the Fernando Park Improvements Project (Project) is an approved City Capital Improvement Project identified in the fiscal year 2023-2024 annual budget; and
WHEREAS, the proposed improvements include earthwork, play equipment, wood chip play surfacing, and accessible ramp, rock wall, concrete curbs, and walkway; and
WHEREAS, on August 17, 2023, the City Council awarded Kraemer Engineering, Inc. a construction agreement for an amount not to exceed $143,707.50 and total project construction cost including contingency of $158,078.25; and WHEREAS, on November 2, 2023, the City Council approved appropriating $57,000.00 from the Neighborhood Improvement Commission funds to the Fernando Park Improvements Project for construction of the northern walkway, barbeque, and an additional bench; and
WHEREAS, the additional work to construct the walkway and install the barbeque and bench exceeds the existing contingency amount.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves $57,000.00 additional contingency to the contract agreement with Kraemer Engineering Inc. for the Fernando Park Improvements Project (account No. 342-8910- 9582) and authorizes the City Manager to execute written amendments, extensions, and change orders to the construction agreement such that the total does not exceed $215,078.25.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 2nd day of November 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Packet Page 147
APPROVED:
____________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
_____________________________
Sheri L. Damon, City Attorney
Packet Page 148

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Dave Fortune, Maintenance and Utilities Superintendent
DATE: November 2, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING AN AGREEMENT FOR

CONTRACTOR SERVICES WITH CRAVEN LANDSCAPING INC
FOR AN AMOUNT NOT TO EXCEED $49,852.98

RECOMMENDATION
Adopt a resolution:

1.) Approving an Agreement for Contractor Services with Craven Landscaping for the Project for an amount not to exceed $49,852.98, and

2.) Authorizing the City Manager to execute the Agreement for Contractor Services, and approve any extensions and change orders until completion of the project in accordance with the plans up to the total project construction amount.

BACKGROUND
On October 19, 2023, the City Council approved accepting a grant from California American Water (Cal Am) for an amount up to $50,000.00 to reduce potable water usage at Sabado Park. Staff proposed a project to replace natural grassed areas that are watered with sprinklers in the park with planted landscape areas including droughttolerant plants and drip irrigation. A new water-saving drip irrigation system will replace the antiquated irrigation system. The Council also approved including the Sabado Park Project in the Capital Improvement Program. With City and Blue Zones funds, the City will be installing a bobble rider, climbing rock, barbecue, and picnic benches and tables.

Staff requested proposals from several contractors, including Craven Landscape Inc to perform the mentioned landscaping and irrigation work. Craven provided a proposal in the amount of $49,852.98. Staff reviewed the proposal and found it the most acceptable compared to the other proposals. But, being that this project costs less than $60,000.00, and it is considered a Public Works project, it requires only one bid and Packet Page 149

Item No.

8.H.

negotiation by City staff.

The Maintenance and Utilities Superintendent recommends the City Council adopt a resolution approving an Agreement for Contractor Services with Craven Landscape Inc for an amount not to exceed $49,852.98, and authorizing the City Manager to execute the Agreement.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the Environmental Quality Act (CEQA) Guidelines. this project is Categorically Exempt (Class 1, Existing Facilities). The project creates minor upgrades to an existing facility, and involved negligible expansion of use.

FISCAL IMPACT
The Cal Am grant will fund the contract so there will be no impact on the General Fund budget.

ATTACHMENTS

1. Resolution

2. Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 150
RESOLUTION NO. 23-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING AN AGREEMENT FOR CONSTRUCTION SERVICES WITH
CRAVEN LANDSCAPING INC FOR AN AMOUNT NOT TO EXCEED $49,852.98 WHEREAS, the City of Seaside wishes to enhance the park infrastructures throughout the city, which includes replacing outdated non-drought tolerant landscaping; and
WHEREAS, on October 19, 2023, the City Council approved accepting a grant from California American Water for an amount up to $50,000.00 to replace turf areas with drought tolerant landscaping; and
WHEREAS, the grant funds would replace the turf, and update the antiquated irrigation system with a high efficient drip irrigation system for the new landscape areas; and WHEREAS, Craven Landscaping Inc has provided the city a proposal to perform the mentioned work, and California American Water has reviewed and agreed to move forward with the proposal for reimbursement; and
WHEREAS, staff have reviewed the proposal and finds the scope and fee acceptable; and
WHEREAS, it is the City of Seaside’s desire to provide the residents of this community a gathering place, and improving the landscaping will attract them to enjoy the beauty of the newly landscaped areas.

NOW THEREFORE BE IT RESOLVED, the City Council of the City of Seaside authorizes the City Manager to execute an Agreement for Contractor Services with Craven Landscaping Inc. for an amount not to exceed $49,852.98.

BE IT FURTHER RESOLVED, the City Council of the City of Seaside authorizes the City Manager to execute an Agreement for Contractor Services with Craven Landscaping Authorizing the City Manager, and approve any extensions and change orders until completion of the project in accordance with the plans up to the total project construction amount.

Packet Page 151
PASSED AND ADOPTED at a regular meeting of the City Council duly held on the 2nd day of November 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominque L. Davis, City Clerk
Packet Page 152

SABADO PARK LANDSCAPING PROJECT
Rev. 10/26 Page 1 COS Contractor Services

CITY OF SEASIDE

AGREEMENT FOR CONTRACTOR SERVICES

SABADO PARK LANDSCAPING PROJECT
THIS AGREEMENT FOR CONTRACTOR SERVICES is made and effective as of November 2, 2023, between the City of Seaside, a municipal corporation ("City") and CRAVEN LANDSCAPING INC, ("Contractor") whose current and valid Contractor’s License #562823 as duly issued by the California Department of Consumer Affairs. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on November 2, 2023 and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. Exhibit A may include any Scope of Work, Plans, Specifications and other related documents specific to the services to be provided by Contractor.

3. PERFORMANCE
a) Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
b) Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. Contractor further agrees to take all necessary precautions for the safety of employees and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. The Contractor shall be responsible for erecting and properly maintaining at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or reasonably foreseeable or unusual hazards. c) At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

Packet Page 153

SABADO PARK LANDSCAPING PROJECT
Rev. 10/26 Page 2 COS Contractor Services
d) The Contractor will obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions. e) Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by Contractor or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section. f) Contractor agrees to comply with all of the applicable provisions of Sections 1777.5 and 1777.6 of the Labor Code, which Sections are hereby specifically referred to, incorporated herein by reference and made a part hereof as though set forth at length herein. g) Contractor agrees that in the performance of this Agreement or any sub-agreement hereunder, neither Contractor nor any person acting on Contractors behalf shall refuse to employ or refuse to continue in any employment any person on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual preference, sex or age. Harassment in the workplace is not permitted in any form.

Contractor further agrees to comply with all laws with respect to employment when performing this Agreement.
h) Contractor 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 To insure performance, Contractor and any sub-contractor must provide Faithful Performance and Labor and Material Bonds in favor of City, each in the amount of one hundred percent (100%) of the value of the contract.
i) Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Seaside in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial agreement or financial inducement. No officer or employee of the City of Seaside will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, 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 City to any and all remedies at law or in equity.

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

6. CITY MANAGEMENT
Packet Page 154

SABADO PARK LANDSCAPING PROJECT
Rev. 10/26 Page 3 COS Contractor Services
Public Works Director/City Engineer shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Contractor. City's City Manager, shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Contractor's compensation, subject to Section 5 hereof.

7. PAYMENT
(a) City agrees to pay Contractor 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 NINE THOUSAND EIGHT HUNDRED AND FIFTY TWO DOLLARS AND NINTY EIGHT CENTS. ($49,852.98) which sum shall include all costs, if any, for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) The City Manager's contract authority is limited to a total threshold of $24,999.00 which includes all costs. Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. (c) Contractor 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 City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

7. INSPECTION
City shall at all times have the right to inspect the work and materials. Contractor shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve Contractor from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

Packet Page 155

SABADO PARK LANDSCAPING PROJECT
Rev. 10/26 Page 4 COS Contractor Services
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5(c).

10. DEFAULT OF CONTRACTOR
(a) Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. If such failure by Contractor to make progress in the performance of work hereunder arises out of causes beyond Contractor's control, and without fault or negligence of Contractor, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon Contractor a written notice of the default. Contractor 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 Contractor fails to cure its default within such period of time, City 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.

11. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor 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. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records at City Hall; shall permit City to make copies and transcripts there from 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 at the City of Seaside City Hall for a minimum 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 156

SABADO PARK LANDSCAPING PROJECT
Rev. 10/26 Page 5 COS Contractor Services

12. INDEMNIFICATION
(a) Indemnification for Professional Liability. Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are actually caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or sub -contractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contractor.
(b) Indemnification for Other Than Professional Liability. Contractor shall indemnify defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or sub-contractors of Contractor.
(c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. (d) Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

13. WARRANTIES
Packet Page 157

SABADO PARK LANDSCAPING PROJECT
Rev. 10/26 Page 6 COS Contractor Services
Contractor agrees that it will warrant all work performed and equipment supplied hereunder for a period of one year or, in the case of equipment, for the period of the manufacturer's warranty if such warranty be for a period longer than one year. Contractor shall immediately correct all defective workmanship discovered within one year after acceptance of final payment by it and shall indemnify and defend City against all loss and damage occasioned by any such defect, discovered within said year, even though the damage or loss may not be ascertained until after the expiration thereof. Nothing herein constitutes a waiver of City's rights or any statute of limitations.

14. INSURANCE
Contractor 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.

15. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to City a wholly independent Contractor.

The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor 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 City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. (c) Any and all employees or sub-contractors of Contractor under this Agreement, while engaged in the performance of any work or services required by Contractor under this Agreement, shall be considered employees or sub-contractors of Contractor only and not of city. Any and all claims that may arise under the Workers’ Compensation Act on behalf of said employees or sub-contractors, while so engaged and all claims made by a third party as a consequence of any negligent act or omission on the part of the Contractor’s employees or sub-contractors, while so engaged in any of the work or services provided for or rendered herein shall not be City’s obligation.

16. PREVAILING WAGE
The general prevailing wage rates are determined by the Director of Industrial Relations, for the County of Monterey. Current prevailing wage rates can be found in “General Prevailing Wage Determinations made by the Director of Industrial Relations” (wage determinations) at the Division of Labor Statistics and Research, Prevailing Wage Unit, P. O. Box 420603, San Packet Page 158

SABADO PARK LANDSCAPING PROJECT
Rev. 10/26 Page 7 COS Contractor Services
Francisco, CA 94142, (415) 703-4774, or at DIRs website at http://www.dir.ca.gov/. Changes, if any, to the general prevailing wage rates will be available at the same location.

The Contractor will be required to maintain and distribute certified payroll records in compliance with Section 1776 of the California Labor Code. The Contractor shall register as specified in Labor Code section 1771.1(a). Records shall be made available to the City upon request for inspection or for copies thereof. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations in accordance with Labor Code sections 1725.5 (contractor registration requirements and criteria), 1771.1 (requirement to register as a condition to bid or work on public works), and 1771.4 (project compliance monitoring).

The labor surcharge, equipment rental rates, and the delay factors for each classification of equipment are listed in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates."

17. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, 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 subagreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

18. CONFLICT OF INTEREST
Contractor shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract.

Contractor covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly nor indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or sub-contractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Contractor and/or its sub-contractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

If City determines Contractor comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.) Contractor 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 Contractor’s and/or such other person’s financial interests.

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19. NO WAIVER OF BREACH/TIME
The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder.

20. CONFIDENTIAL INFORMATION/RELEASE OF INFORMATION
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or sub-contractors, shall not without written authorization from the City Manager or unless requested by the City 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 City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or sub-contractors 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 there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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

To City:
__City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
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SABADO PARK LANDSCAPING PROJECT
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To Contractor: CRAVEN LANDSCAPING INC.
343 ROBERTS AVE.

SEASIDE, CA 93955

22. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

23. ASSIGNMENT
Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Subject to the foregoing, all terms of the Agreement will be binding upon, enforceable by and inure to the benefit of the parties and their successors and assigns.

24. GOVERNING LAW
City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over the City.

Contractor agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

25. ATTORNEY’S FEES AND COURT VENUE
Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) 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.

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

27. ENTIRE AGREEMENT
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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.

28. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
(a) This document represents the entire and integrated Agreement between City and Contractor, and supersedes all prior negotiations, representations and agreements, either written or oral.
(b) Any modification or amendment to this Agreement must be in writing. (c) Neither City nor Contractor shall be deemed to have waived any obligation of the other, or to have agreed to any modification to this Agreement unless it is in writing, and signed by the party giving the waiver.

29. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

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

CITY OF SEASIDE CONTRACTOR
By: By:

Date: Date:

Attachments: Exhibit A Scope of Work/Proposal
Exhibit B Insurance Requirements
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EXHIBIT A
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SABADO PARK LANDSCAPING PROJECT Exhibit B

EXHIBIT B

INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to AGENCY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

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

General liability insurance. CONTRACTOR 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, and a $2,000,000 completed operations aggregate. 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. CONTRACTOR 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 CONTRACTOR 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.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance 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 Packet Page 166
SABADO PARK LANDSCAPING PROJECT Exhibit B
in the amount of no less than an additional $1,000,000. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable 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.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR 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.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to AGENCY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including nonowned disposal sites.

Builder’s risk insurance. Upon commencement of construction and with approval of AGENCY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the AGENCY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

The named insureds shall be CONTRACTOR and AGENCY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to AGENCY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made Packet Page 167
SABADO PARK LANDSCAPING PROJECT Exhibit B
payable to the AGENCY. The AGENCY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.

Other provisions or requirements
Proof of insurance. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR, his agents, representatives, employees or subcontractors.

CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. AGENCY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONTRACTOR 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 Packet Page 168
SABADO PARK LANDSCAPING PROJECT Exhibit B
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.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The AGENCY, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements 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 CONTRACTOR or AGENCY will withhold amounts sufficient to pay premium from CONTRACTOR 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 VII (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 CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR 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). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform CONTRACTOR 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 Packet Page 169
SABADO PARK LANDSCAPING PROJECT Exhibit B
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 CONTRACTOR maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.

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

Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, 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 CONTRACTOR’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. CONTRACTOR 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 CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR 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.

CONTRACTOR 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 requirements. 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 CONTRACTOR a ninety (90) day advance written notice of such change.

If such change results in substantial additional cost to the CONTRACTOR, the AGENCY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

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

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

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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: November 2, 2023
SUBJECT: ZONING ORDINANCE AMENDMENT ZOA-23-02: ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING ORDINANCE) TO
ADD CHAPTER 17.13 IMPLEMENTING SENATE BILL 9
(DUPLEXES AND PARCEL MAPS FOR URBAN LOT SPLITS). THE

AMENDMENT IS NOT A PROJECT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO GOVERNMENT
CODE SECTIONS 65852.21(J) AND 66411.7(N) (FIRST

READING, ROLL CALL VOTE)

RECOMMENDATION
Consider the adoption of an ordinance amending Title 17 to add Chapter 17.13 to the Seaside Municipal Code to implement Senate Bill 9.

BACKGROUND
On September 16, 2021, Governor Newsom signed Senate Bill 9 (SB 9) into law, substantially altering low-density, single-family zoning throughout the state. The most significant component of this bill is that it requires ministerial approval of one-time, twolot subdivision and/or development projects for up to two (2) units per lot. The proposed subdivision or development project is required to meet certain qualifying location and development criteria. Although the new law supersedes varying City of Seaside regulations regarding subdivision and development standards, SB9 preserves some authority for local agencies to enact regulations through the adoption of new objective subdivision and zoning regulations. The law became effective on January 1, 2022.

On December 2, 2021, staff presented a summary of the new state regulations to the City Council. Following discussion of the issues surrounding the new law, the City Council directed staff to prepare an Urgency Ordinance which would allow the City of Packet Page 172

Item No.

9.A.

Seaside to establish regulations prior to January 1, 2022. On December 16, 2021, the Council adopted Urgency Ordinance 2011, which established interim standards to comply with the requirements of SB9 while the City evaluated a long-term regulatory program for SB9 projects. This Urgency Ordinance was effective for 45 days. On January 27, 2022, the Council approved Urgency Ordinance 2012, which extended the effective period of Urgency Ordinance 2011 by ten months and fifteen days through December 12, 2022. On December 1, 2022, the Council approved Ordinance 2020 to extend the Urgency Ordinance by one year to December 12, 2023.

Staff has reviewed the language in the previously adopted Urgency Ordinances and believes that the language contained therein is consistent with SB 9. Therefore, staff is recommending that the previously adopted Urgency Ordinance be made permanent.

This item was heard by the Planning Commission on October 11, 2023. The Planning Commission unanimously recommended to the City Council that it adopt the proposed Ordinance.

FISCAL IMPACT
No fiscal impact is associated with this item.

ATTACHMENTS

1. Draft Ordinance
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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ORDINANCE ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEASIDE AMENDING TITLE 17 OF THE CITY OF SEASIDE
MUNICIPAL CODE TO ADD CHAPTER 17.13 (SENATE BILL 9

DUPLEXES AND PARCEL MAPS FOR URBAN LOT SPLITS) TO

IMPLEMENT RECENT HOUSING BILLS
WHEREAS, on or about September 16, 2021, Governor Newsom signed into law Senate Bill 9 (“SB 9”), entitled the “California Home Act”, an act to amend Section 66452.6 of and to add Sections 65852.21 and 66411.7 to the Government Code relating to land use; and
WHEREAS, on December 16, 2021, the City Council adopted Urgency Ordinance 2011 to implement the new state legislation SB 9 pursuant to Government Code 65858; and
WHERAS, on January 27, 2022, the City Council adopted Urgency Ordinance 2012 to extend Urgency Ordinance 2011 by an additional 10 months and 15 days which extended Urgency Ordinance 2011 to and through December 12, 2022; and WHEREAS, on December 1, 2022, the City Council adopted Urgency Ordinance 2020 to extend Urgency Ordinance 2011 by an additional year through December 12, 2023; and
WHEREAS, the City now desires to permanently adopt the language included in its Urgency Ordinance 2011 to implement SB9; and
WHEREAS, this Ordinance is not a project under the California Environmental Quality Act pursuant to Government Code Sections 65852.21(j) and 66411.7(n).

NOW, THEREFORE, the City of Seaside City Council hereby amends the Zoning Ordinance by adding Chapter 17.13 as described in the attached Exhibit A.

INTRODUCED at a regular meeting of the City Council of the City of Seaside, State of California, held on the 2nd day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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EXHIBIT A
Title 17. Zoning Ordinance Code
Chapter 17.13 Residential Zones
Objective Standards for Qualified
Senate Bill 9 Subdivisions and
Development Projects

17.13.010 Purpose and Intent.

The purpose of this Chapter is to establish objective standards and regulations to govern the development of qualified Senate Bill 9 subdivisions and development projects on single family residential zoned properties within the City of Seaside. The establishment of these regulations will result in the orderly subdivision and development of qualified Senate Bill No. 9 (2021) (“SB 9”) projects while ensuring that the new units are consistent with the character of the City and do not create any significant impacts with regards to public infrastructure or public safety. The regulations are established to implement the requirements under California Government Code Sections 65852.21 and 66411.7.

17.13.020 Definitions.

For purposes of this Chapter, the following definitions apply:
(a) “Accessory dwelling unit” or “ADU”, means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
(b) “Dwelling unit” includes an ADU, JADU, a primary dwelling unit, and a SB 9 dwelling unit.

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(c) “Junior accessory dwelling unit” or “JADU”, or “efficiency unit”, means a dwelling unit that is up to 500 square feet in size and contained entirely within an existing primary dwelling unit that provides an efficiency kitchen and a separate exterior entrance, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (d) “Conservation Easement” means restrictive covenants that run with the land and bind upon successive owners that protects against future development such as preservation of open space, scenic, riparian, historical, agricultural, forested, or similar conditions. Open space and riparian easements are included in this definition.
(e) “Existing dwelling unit” means a primary dwelling unit or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where more than 50% of the exterior wall framing has been removed or altered. Any existing dwelling unit where more than 50% of the exterior wall framing has been removed is considered a new dwelling for purposes of this Chapter.
(f) “Panhandle” means the narrow strip of land on a flag lot, typically less than 30 feet in width, that provides access to a public or private road. “Primary dwelling unit” means a single-family residence on the parcel and is the larger of the two if there is an existing accessory dwelling unit on the parcel. (g) “Private Road” means a road, way, or street in private ownership and under private maintenance, not offered for dedication as a public road, way, place, or street, which affords the principal means of access to three or more lots or parcels which do not have frontage on a public street.
(h) “SB 9 dwelling unit” or “SB 9 unit” means a dwelling unit that is developed using the provisions in this Chapter and the provisions identified in California Government Code Sections 65852.21 and 66411.7.
(i) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by Packet Page 177
reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.

17.13.030 Eligibility of properties for a subdivision.

The following parcels are not eligible for a subdivision under this Chapter:
(a) Any parcel that was established through a prior exercise of a subdivision as provided for in this Chapter.
(b) Any parcel that is not located within existing single family residential zoning (R-8 and R-12).
(c) Any parcel proposing to be subdivided by a person or any person acting in concert with that person who has previously subdivided an adjacent parcel using the provisions of this Chapter. For the purposes of this Chapter, “any person acting in concert” with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner. (d) Any parcel located within an historic district or included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site that is designated or listed as a City of Seaside or Monterey County landmark or historic property or district pursuant to a City of Seaside or Monterey County ordinance.
(e) Any parcel where the subdivision would require the demolition or alteration of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

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(3) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (4) Housing that has been occupied by a tenant in the last three years. (f) Any parcel located with a severe earthquake hazard zone as designated on the Geotechnical and Seismic Hazard Zones Map for the City of Seaside unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the City’s Building Department pursuant to Government Code section 8875 et seq. (g) Any parcel fully encumbered with a conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (h) Any parcel that is designated prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure. (i) Any parcel containing wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993), that would prevent the development of the parcel.
(j) Any parcel within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Packet Page 179
Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(k) Any parcel with a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use.
(l) Any parcel within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by the FEMA. However, a subdivision and/or development project may be located on a parcel described in this subsection if (1) the parcel is otherwise eligible for approval under the provisions of this Chapter and (2) the project applicant is able to satisfy all applicable federal qualifying criteria demonstrating either of the following are met:
(1) The site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the City.
(2) The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(m) Any parcel within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the subdivision and/or Packet Page 180
development project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. (n) Any parcel containing habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code) or Environmentally Sensitive Habitat Areas (ESHA) in the Coastal Zone.

17.13.040 Objective standards and requirements for a subdivision.

The following objective standards and regulations apply to all subdivisions under this Chapter:
(a) A Parcel Map and a Subdivision Application shall be submitted to the City for all proposed subdivisions, including but not limited to any ownership and rental questionnaires and affidavits.
(b) The subdivision shall create no more than two new parcels of approximately equal area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. In no instance shall any resulting parcel be smaller than 1,200 square feet in area. (c) Existing parcels shall be split approximately perpendicular to the longest contiguous property line. However, this requirement shall be waived if the subdivision applicant demonstrates that it would prohibit a subdivision that otherwise meets the requirements of subsection (b).
(d) The subdivision shall not result in a new parcel with an average width that is less than the average width of the original parcel. Any panhandle on a flag lot shall not be used to calculate the average width. However, this requirement shall be waived if the subdivision applicant demonstrates that it would prohibit a subdivision that otherwise meets the requirements of subsection (b).

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(e) The front parcel line of any newly created parcel shall be the parcel line that is closest to or parallel to the public or private road that serves the parcel. (f) The property owner for a lot served by a private road or common driveway shall, prior to issuance of a building permits, record an appropriate deed restriction guaranteeing the following to adjoining property owners who utilize the private road or common driveway for the primary access to their lot(s): a) a reciprocal ingress/egress easement; and b) participation in a reciprocal maintenance agreement. A 25-foot-wide panhandle (for a flag lot) or an ingress/egress easement and maintenance agreement shall be provided for all new parcels that do not have direct frontage on a public or private road.

Driveway access to the new parcels shall be shared unless the new driveways are a minimum of 100 feet apart.
(g) Easements for access and public and private utilities shall be provided for any newly created parcel that does not front on a public or private street. (h) A note shall be placed on the parcel map that each building shall have separate meters.. (i) All newly created parcels shall be connected to public sewer. (j) Any existing structure must meet the setback requirements in section

17.13.060 from a newly proposed property line unless by doing so would prohibit the creation of a parcel that otherwise meets the requirements of this Chapter.
(k) The subdivision is subject to all impact or development fees related to the creation of a new parcel and shall provide proof that all school fees, water or other impact fees have been paid.
(l) Upon receipt of a subdivision application using the provisions of this Chapter, the City shall notify all owners and occupants within a 500-foot radius from the subject parcel that a parcel map has been filed with the City of Seaside. (m) A note on the parcel map and a recorded deed restriction in a form approved by the City Attorney’s Office shall be applied to all newly created parcels indicating that the parcel was split using the provision of this Chapter, no further subdivision of the parcels is permitted and the parcels may only be Packet Page 182
used for residential use. In addition, the deed restriction shall stipulate that all new units developed on the new parcels shall be for residential use only and income restricted to low and very low-income households based on the most recent Monterey County Area Median Income (AMI) levels. A timeshare or short term rental of less than 30 days is not considered residential use. (n) The parcel map shall include a note stating the requirement for off-street parking of up to one space per unit, except if the parcel is located within ½ mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (o) Prior to the recordation of the parcel map, the applicant shall sign and record an affidavit stating that the applicant intends to reside in one of the proposed or existing primary dwelling units or SB 9 units for three years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the Revenue and Taxation Code.

17.13.045Map Extension. Any parcel map created pursuant to the provisions of this Chapter shall be subject to extension in compliance with the provisions of Government Code section 66452.6.

17.13.050 Objective standards and requirements for new dwelling units on a parcel that is not being subdivided.

The following objective standards and regulations apply to all new SB 9 development on a parcel that is not being subdivided:
(a) Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no accessory dwelling unit or a junior accessory dwelling unit shall be permitted on any lot in single-family residence district (R-8 or R-12) if a lot split has been approved pursuant to Section 17.13.040 and two residential units have been approved for construction pursuant to this chapter 17 (Government Code Section 65852.21).
(b) The maximum floor area ratio (FAR) permitted on the parcel shall be Packet Page 183
determined as defined in Section 17.12.050 of the Municipal Code unless application of that FAR prohibits a 800 square foot SB 9 unit, in which case, additional floor area shall be allowed.
(c) The maximum floor area of an SB 9 unit shall be 800 square feet. Basements and bunkers are not permitted.
(d) Setbacks: The minimum setback for any new SB 9 dwelling unit shall be 15 feet from the front parcel line and four (4) feet from the side and rear parcel lines.

Exception:

A new SB9 dwelling unit shall not be required to meet the setbacks above if it replaces a non-conforming existing structure.
(e) The maximum height of all new SB 9 dwelling units shall be no higher than the height of the primary dwelling, but shall not exceed 24 feet and shall not impede 100% of an ocean or mountain viewshed of any property owners within 500’ radius of the property. In the case where viewshed or height limitations preclude the minimum sized SB 9 unit, the unit shall be placed in the least impactful location.
(f) One uncovered parking space, located a minimum of 5-feet from the front parcel line abutting the street frontage and one (1) feet from the side and rear parcel lines, is required for each dwelling unit, except as provided in Chapter

17.34 of the Seaside Municipal Code. The parking space shall be at least 8 feet wide by 16 feet deep, except where such project is located within ¼ mile of a transit stop.
(g) A solid (no openings) one-hour rated fire wall is required between any SB 9 unit and the primary dwelling unit or an ADU.
(h) Driveway access to all new units shall be compliant with the City of Seaside Fire Department standard details and specifications for driveways and turnarounds.
(i) The owner shall sign and record an affidavit placing a covenant that will run with the parcel to confirm that the owner will reside in either the primary Packet Page 184
dwelling unit or an SB 9 unit on the parcel for three years from the issuance of an SB 9 dwelling unit’s Certificate of Occupancy and closing of all construction permits pertaining to the parcel.
(j) All newly created dwelling units shall be connected to public sewer. (k) All outdoor patios, covered patios, decks, and other hardscape shall meet the City’s minimum 5-foot front yard and 4-foot side and rear yard setbacks. (l) No dwelling unit shall be rented for a period of less than thirty (30) days and cannot be occupied as a short-term rental unit, as defined under section

17.52.251.
(m) An SB 9 dwelling unit may be rented separately from the primary dwelling unit. (n) Development projects pursuant to this section shall be subject to all impact or development fees related to the development of a new dwelling unit.

17.13.060 Objective standards and requirements for dwelling units on a parcel subdivided pursuant to this chapter article.

The following objective standards and regulations apply to all development on a parcel that has been subdivided or concurrently subdivided under the provisions of this chapter:
(a) The following development is permitted on the parcel:
(1) A primary dwelling unit and an SB 9 unit; or
(2) If there is an existing primary dwelling unit and ADU on the property, then no further development is permitted for that property. (b) The maximum floor area ratio (FAR) permitted on the parcel shall be determined as defined in Section 17.12.050 of the Municipal Code unless application of that FAR prohibits a 800 square foot SB 9 unit, in which case, additional floor area shall be allowed. Basements and bunkers are not permitted.
(c) Setbacks: The minimum setback for any new primary dwelling unit or SB 9 dwelling unit shall be 15 feet from the front parcel line and four (4) feet from the side and rear parcel lines.

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Exception:

A new SB9 dwelling unit shall not be required to meet the setbacks above if it replaces a non-conforming existing structure.
(d) The maximum height of all new SB 9 dwelling units shall be no higher than the height of the primary dwelling, but shall not exceed 24 feet and shall not impede 100% of an ocean or mountain viewshed of any property owners within 500’ radius of the property. In the case where viewshed or height limitations preclude the minimum sized SB 9 unit, the unit shall be placed in the least impactful location. ...
(e) One uncovered parking space, located a minimum of 5-feet from the front property line abutting the street frontage and One (1) feet from the side and rear property lines, is required for each new dwelling unit, except as provided in Chapter 17.34 of the Seaside Municipal Code. The parking space shall be at least 8 feet wide by 16 feet deep. All parking required for an existing primary dwelling on the parcel shall be retained.
(f) If the two SB 9 dwelling units are configured as a duplex on a parcel, a solid one-hour fire wall between the units is required. In addition, a deed restriction in a form approved by the City Attorney’s Office shall be recorded stipulating that the duplex shall be maintained as two separate units. (g) If the parcel is fully developed with the number of units permitted under section 17.13.060 above, then the applicant or property owner shall record a deed restriction in a form approved by the City Attorney’s Office stipulating that no further development of the parcel is permitted. (h) Driveway access to all new units shall be compliant with the City of SeasideFire Department standard details and specifications for driveways and turnarounds. (i) If the proposed dwelling units are developed subsequent to a subdivision completed pursuant to this Chapter, the owner shall sign and record an affidavit placing a covenant that will run with the parcel to confirm that the owner intends to reside in either the primary dwelling unit or an SB 9 unit on the parcel for three years from the issuance of an SB 9 dwelling unit’s Packet Page 186
Certificate of Occupancy and closing of all construction permits pertaining to the parcel.
(j) All newly created dwelling units shall be connected to public sewer. (k) All outdoor patios, covered patios, decks, and other hardscape shall meet the minimum 5-foot front yard and 4-foot side and rear yard setbacks. (l) No dwelling unit shall be rented for a period of less than thirty (30) days and cannot be occupied as a short-term rental unit, as defined under section

17.52.251.
(m) An SB 9 dwelling unit may be rented separately from the primary dwelling unit. (n) Any development constructed in accordance with this section shall be subject to all impact or development fees related to the development of a new dwelling unit.

17.13.070 Objective building and design requirements for all SB 9 dwelling units.

All SB 9 dwelling units shall be reviewed and approved without discretionary review or a hearing. As part of the ministerial approval, the following objective design requirements shall be confirmed:
(a) The design of the dwelling unit shall be as follows:
(1) For a detached unit, the exterior materials and design shall match the design of any existing primary dwelling unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch. (2) For an attached unit, the exterior materials, windows and other architectural features shall match the existing structure by employing the same building form, color tones, window design, door and window trims, roofing materials and roof pitch.
(b) Exterior building lighting shall be fully shielded and downward facing and limited to one exterior light fixture per exterior doorway, or the minimum necessary to comply with the California Building Standards Code. (c) All new dwelling units are required to have fire sprinklers.

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(d) All portions of the SB 9 dwelling unit, include eave overhangs and other projections, shall meet the required setbacks as set forth in this Chapter. (e) Roof decks are permitted on SB 9 dwelling units.
(f) Structures shall not be located in the following locations:
(1) In areas encumbered by a recorded easement, including but not limited to, public utility easements, conservation easements, access easements, pedestrian pathway easements and open space easements;
(2) In areas within the critical root zone of any tree with a diameter of four (4) feet or greater measured at four (4) feet above grade. Review and approval of an arborist report prepared by a licensed or consulting arborist is required if a structure is proposed within the critical root zone of a heritage oak tree.
(g) All electrical and utility services to a new dwelling unit shall be undergrounded. (h) Notwithstanding the foregoing subsections, any development or design standards that physically precludes an SB 9 dwelling unit from being 800 square feet in floor area shall be waived.

17.13.070 Compliance with California Coastal Act. All projects seeking to either develop units or subdivide shall comply with the California Coastal Act and shall seek a coastal development permit. No public hearing shall be held for any such coastal development permit in accordance with Government Code section 66411.7.

17.13.080 Ineligible for Condominium Conversions. Any dwelling unit approved pursuant to this Chapter shall be ineligible for conversion to a condominium, community apartment, or stock cooperative project. Any application for a tentative subdivision map or tentative parcel map for a residential condominium conversion of a unit created pursuant to this Chapter shall be denied.

17.13.090 Ministerial Reviews and Approvals. Any application submitted pursuant to the provisions of this Chapter for either a dwelling or urban lot split shall be reviewed and approved ministerially, if it meets the requirements of the Government Section 66411.7 and conforms to all the applicable requirements of this Chapter.

Notwithstanding such review, an application, may be denied if the building official makes Packet Page 188
a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

17.13.100 Consistency. All SB 9 dwelling units shall comply with, to the extent permissible, and not be in conflict with the specific provisions of this Chapter with the provisions of Chapter 17.12 related to residential development.

17.13.200 Permit review process.

All applications for lot splits and new development using this Chapter shall be ministerially approved without public hearings or discretionary review.

17.13.300 Effective Date. This Chapter shall remain in effect until such time as Government Code Section 65842.21 is repealed or superseded or its requirements for ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.

17.13.400 Fees.

The City Council may establish and set by resolution all fees and charges, consistent with Government Code sections 65852.2 and 65852.22, and related provisions, as may be necessary to effectuate the purpose of this Chapter.

Packet Page 189

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Beth Rocha, Senior Planner
DATE: November 2, 2023
SUBJECT: SAFE PARKING LICENSE APPLICATION SPL-23-01: MONTEREY

PENINSULA UNIFIED SCHOOL DISTRICT, PROPERTY OWNER,

AND ONE STARFISH SAFE PARKING AND SUPPORTIVE

SERVICES, APPLICANT, HAVE APPLIED FOR A SAFE PARKING

FACILITY LICENSE AT THE MONTEREY ADULT SCHOOL
LOCATED AT 1295 LA SALLE AVENUE (APN: 011-095-004). THE PROJECT IS CATEGORICALLY EXEMPT, SECTION 15061(B)(3)
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

RECOMMENDATION
Approve the request for a safe parking license at the Monterey Adult School on the NW corner of Noche Buena Street and La Salle Avenue.

BACKGROUND
On September 5, 2019, the City Council adopted Seaside Municipal Code (SMC) Chapter

8.23, which allows specific locations to be used for an approved safe parking program.

The City took this action in response to the housing emergency and unhoused families.

SMC 8.23 establishes the provisions for licensing a safe parking program, outlines the minimum standards for granting a license, provides a process to review those licenses, and sets forth other elements to minimize negative effects on the surrounding neighborhoods.

On November 7, 2019 the City Council approved a safe parking license to be operated at 390 Elm Street, as filed in collaboration with Bethel Missionary Baptist Church and One Starfish Safe Parking and Supportive Services, known then as Orphan Productions.

APPLICATION DETAILS
Packet Page 190

Item No.

9.B.

One Starfish Safe Parking and Supportive Services, a social service provider, in collaboration with Monterey Peninsula Unified School District (MPUSD), submitted a safe parking program license application for no more than 20 vehicles to be operated between 6:30PM and 7AM at the Monterey Adult School, located at 1295 La Salle Avenue. The proposed hours of operation are requested to be expanded beyond those typically allowed by the code (10PM - 6AM). The goal of the program is to "create a safe space for unhoused families enrolled in MPUSD," with enrollment with One Starfish also required prior to participation in the program. The applicant has submitted an Operating Plan in compliance with SMC 8.23.050 (see Exhibit A).

As required by SMC 8.23.040, One Starfish will provide bathroom facilities and handwashing stations as well as trash receptacles on site and will ensure that the safe parking space is well maintained and clean and MPUSD will install a privacy screen for the designated parking area to ensure the privacy of participants (see Exhibit B, p.17-19 for site plan and screening).

In compliance with SMC 8.23.070, MPUSD will provide an access box for police and fire to enter campus when the gate is locked and campus is closed. MPUSD will also install panic hardware (push gate) to ensure easy access outside of the locked facility in case of an emergency. MPUSD, Monterey Adult School, and One Starfish will meet at least once per month (more if necessary) to discuss any challenges to the program and will work collaboratively on finding solutions. Additionally, on-site security will be provided from 7PM - 7AM (see Exhibit B, p.3 for security details).

CITY REVIEW OF PROPOSAL
The Operation Plan was routed to the following departments for review: Police, Building, Fire, and to Derrick Elder, Family and Community Support Practitioner. Police, Building, and Fire returned their reviews without any comments and Derrick Elder asked the following questions, which the applicant answered:

1. What are the specific eligibility criteria? The Monterey Peninsula Unified School District Safe Parking Program (MPUSDSPP) will be accessible to families who include students enrolled at any school in MPUSD, who are living in their vehicle with their families, and have a desire to work toward returning to traditional housing.

Among the families outlined, the only disqualifying factors would be families with members experiencing drug or alcohol dependency, or a member who is a registered sex offender. We will also require families to have their vehicles registered, insured, and to have a valid driver's license, but there are financial resources available to bring these families up to code in these ways.

2. What is the referral process? Referrals can be made to the MPUSDSPP by the Family Resource Center for the school district or by other homeless services in Monterey County either by phone or email. If a family hears about the program and Packet Page 191

Item No.

9.B.

reaches out independently, they can also call or email independently to apply without the need for a referring agency.

3. How long does the application process take from submission to participating in the intake interview, to when a decision is made for acceptance into the program? Our goal is to have any potential guests registered into the program the same business day they are referred or called to apply. We foresee a bit of a rush of applications at the very start of the program, where the response time could be 2-3 days after the initial referral due to the volume of applications. Once this evens out, we should be able to work down to a 1 business day maximum between hearing from someone and them being a registered Guest of the program.

4. How many families are going to be accepted into the program? The current maximum of families we are looking to accept into the program at any one time is 20. This number is based off information from the school district that somewhere between 15-19 children in the district had been identified as living in their families' vehicles. As circumstances change for families (income, housing costs, etc), we expect these numbers to fluctuate some. Any families past the limit for this particular program will be referred to the Monterey County Safe Parking Program, and if there is not immediate room for them there, they will exist at the top of the waiting list of both programs until one can provide a space for them.

5. How long are services offered? There is no time limit as to how long a family can remain in the program as long as they are staying communicative and working toward permanent housing. We believe it is our duty not to turn folks away who are in the middle of this hard transitional time in their families' lives. As long as the program is funded and running, they will be welcome to participate and have access to our services.

6. Are services free to program participants? Yes. 100% free for the families served, 100% of the time. No sort of compensation is ever requested or expected.

7. Will services be offered in Spanish? Yes, and the president of our charity has many contacts at the Dual Language Institute through her work with the Department of Defense, so we can quickly find translators for just about any language that we could possibly need very quickly.

8. Is there an emergency evacuation plan? Yes, we are working with the Monterey Adult School, who has an established plan for their grounds and our plan is building off of that to establish a plan specifically for the nighttime hours of the proposed program. As the families will be staying in their vehicles, there is routing mapped out from the parking lot to the vehicle entrance/exit gate. A push-bar gate is being installed on the grounds to accommodate foot traffic in the event that is needed as well.

CEQA EXEMPTION
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Item No.

9.B.

In accordance with Section 15061(b)(3) of the California Environmental Quality Act, the project is exempt from CEQA based on the fact that it can be seen with certainty that the parking of vehicles for use as temporary sleeping quarters during the evening will not have a significant impact on the environment.

PUBLIC NOTICING
In compliance with SMC 8.23.040, public notices were sent to all residents and business locations within a three-hundred-foot radius of the proposed site. Additionally, notices were sent to all property owners within the same radius. Notices were delivered to the post office for mailing on October 17, 2023.

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution

2. Exhibit A to Attachment 1: Operating Plan
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY OF SEASIDE APPROVING THE REQUEST

FOR A SAFE PARKING LICENSE AT THE MONTEREY ADULT SCHOOL WHEREAS, throughout the City of Seaside, there is a housing shortage for low-income individuals and families that results in a significant number of unhoused persons, families, and students living in their vehicles without the ability to obtain affordable housing; and
WHEREAS, the City of Seaside is included in the County-wide Ten-Year Plan to End Homelessness and undertaken multiple efforts at the local level to combat homelessness; and
WHEREAS, the City of Seaside finds that the number of unhoused persons is significant, and these persons are without the ability to obtain affordable shelter; and
WHEREAS, Government Code section 8698 through 8698.2 permit the City of Seaside to declare a “shelter crisis” upon finding that the foregoing circumstances exist; and
WHEREAS, upon such declaration by the City Council, the foregoing statutes further allow the City to permit such persons without the ability to obtain housing to occupy such designated facilities for the duration of the shelter crisis; and
WHEREAS, the City of Seaside is committed to ensuring children, families and individuals experiencing homelessness have access to a safe shelter or location to use their vehicles as shelter as they work on moving out of homelessness; and
WHEREAS, the safe parking license application for The Monterey Adult School, submitted and to be operated by One Starfish Safe Parking and Supportive Services, offers an alternative for pre-screened safe-parking participants. It is aimed toward MPUSD enrolled families and individuals and considers the needs of participants, while maintaining the character of the neighborhood.

NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the following finding:

The project is categorically exempt from the California Environmental Quality Act, per Section 15061(b)(3).

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Evidence: The issuance and operation of a safe parking license at an existing parking facility will not have a significant effect on the environment, therefore, the activity is not subject to CEQA.

BE IT FURTHER RESOLVED that the City Council of the City of Seaside hereby authorizes a safe parking license to be issued for One Starfish Safe Parking and Supportive Services to operate from The Monterey Adult School, per the terms and conditions of SMC 8.23 and those in Exhibit A: Operating Plan, subject to an annual review.

PASSED AND ADOPTED at a meeting of the City Council this 2nd Day of November 2023.

AYES: COUNCILMEMBERS:

NOES:COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique Davis, City Clerk
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Safe Parking Program Overview
I.
• The One Starfish Safe Parking at Monterey Adult School is designed to create a safe space for unhoused families enrolled in MPUSD. Participants will meet the criteria of the MPUSD /Safe Parking program and participate in the requirements identified by the Safe Parking program with the goal to improve permanency in housing. • Participants in the program will receive assistance through One Starfish and the MPUSD Family Resource Center.

II. Safe ParkinK Pro&ram Operations
• The Safe Parking Program will operate in a designated area in the lower parking lot at Monterey Adult School located at 1295 La Salle Avenue in Seaside, California. • All Safe Parking Program participants will be enrolled through One Starfish prior to parking at the site. Only enrolled and approved attendees will be able to participate in the Safe Parking Program.
• All Safe Parking Program participants will enter and park in the designated area during the evening entry window from 6:30pm to 8:00pm.
• All Safe Parking Program participants will exit in the morning by 7 am. • Monterey Adult School Principal and staff will be provided with a flow chart of personnel to contact in case of an emergency.
• One Starfish will provide security from 7 pm to 7 am.

III. Project Resources
• Funds for the operation of the MPUSD Safe Parking Program will be procured via grant applications by One Starfish, with financial tracking and reporting carried out by Dorian Manuel, Executive Director of One Starfish.
• The program budget shall be utilized in the following ways:
i. To compensate program personnel for their time worked (1 FTE Case Manager, 1 .52 FTE Security Guard, 1.5 FTE Program Director) ii. To provide financial assistance to the families and individuals participating in the MPUSD Safe Parking Program (Food vouchers, Gas vouchers, Vehicle Repairs, School Supplies, Rental Deposit Assistance)
iii. To provide insurance coverage for the site, employee vehicles, as well as Workman's Compensation Insurance
iv. To provide necessary office materials to support the operation of the MPUSD Safe Parking Program
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IV. Project Facilities
• One Starfish will provide bathroom facilities and handwashing stations as well as trash receptacles on site and will ensure that the safe parking space is well maintained and clean.
• MPUSD will provide an access box for police and fire to enter campus when the gate is locked and campus is closed and will install a privacy screen for designated parking area to ensure the privacy of participants.
• MPUSD will also install a panic hardware (push gate) to ensure easy access outside of the locked facility in case of an emergency.
• MPUSD, Monterey Adult School, and One Starfish will meet at least once per month (more if necessary) to discuss any challenges to the program and will work collaboratively on finding solutions.

Packet Page 197
Security Information
Security patrol will be conducted by Ginger Westbrook, One Starfish employed Security Officer.

In the event that Ginger can not perform her work duties on a given night, One Starfish Executive Director Dorian Manuel or Case Manager Scout Luketich will step in to handle security sweeps for the night.

The active security officer will be present at opening and closing times (7pm, 7am) of the safe parking location, as well as performing random sweeps throughout the night. Each patrol will last for at least one hour, for a minimum of three hours each night.

In addition, the security officer on site will be available on-call by program Guests throughout the night in case of any happenings outside of the times of the scheduled sweeps.

The active security officer will ensure that only registered safe parking Guests are present each night, escorting any unregistered individuals from the area, and serving as a point of contact for the appropriate law enforcement agency when necessary.

Packet Page 198
MPUSD Safe Parking Program Staff Contact Information
Executive Director:

Dorian Manuel
PH: 831-204-0230
Email: [email protected]
Program Director:

Michael Fechter
PH: 843-276-7655
Email: [email protected]
Case Manager:

Scout Luketich
PH: 831-275-0949
Email: [email protected]
Head Security Officer:

Ginger Westbrook
PH: 831-225-1692
Email: 13gingerbreadman@gmajLcom
Any written correspondence to be sent to:

One Starfish
484B Washington St #113
Monterey, CA 93940
Packet Page 199
Neighborhood Outreach Efforts
On June 15, 2023, Executive Director Dorian Manuel and Case Manager Scout Luketich hand delivered letters detailing the plan to apply for a Safe Parking Program to operate at the Monterey Adult School. These letters were delivered to every residence within 300 yards of the proposed operating site. The letters gave a background on One Starfish's history operating in Monterey County, information on the planned overnight operating structure, security information, the qualifications for joining such a program, and contact information so neighbors could reach out for any updates regarding the start of the program. To date, only one individual has reached out and it was to voice the support of him and his wife.

Packet Page 200
Pet Policy
Guests of the MPUSD Safe Parking Program are permitted to have dogs and/or cats on site with them. Guests are required to clean up after their pets, keep pets on leashes any time they are outside of their vehicle, and provide proof of vaccination to Case Manager during the intake interview process.

Failure to either keep animals leashed or to clean up after animals will result in a warning being issued to the Guest. 3 or more infractions will lead to an evaluation to determine whether or not the Guest is fit to continue utilizing the MPUSD Safe Parking Program.

Packet Page 201
Application Process
MPUSD Safe Parking Program applicants will reach out to Scout Luketich, case manager, for an intake interview. This interview can be conducted in person or remotely to accommodate for work schedules or disabilities. The attached application will be used as the template for the intake interview, gaining a base level of understanding from which to build a case plan. In addition, the case manager will check if any parties applying are registered sex offenders to ensure the safety of the children of the families enrolled.

Packet Page 202

SAFE PARKING PROGRAM APPLICATION
Contact Information
Date Name
Present Address or PO Box
City ST ZIP Code
Cell Phone Cell: Do you text?
Alternate Phone
E-Mail Address
Emergency Contact
Name, Address, E-Mail
address, and Phone Number
References
Please provide name and contact information for three personal references.

1. 2.

3. Packet Page 203
Driver and Vehicle Information
Driver's License #; name on
card; Address; DOB; expiration
date; state issued
Has your license been
suspended (current or past, if
yes, please explain why)?
Has your vehicle registration
been suspended (current or
past, if yes, please explain
why)?
Make: Model: Year: Color: Lie Pl#:

Automobile Information Make: Model: Year: Color: Lie Pl#:

Is your vehicle registration
current? Expiration? Do you
have current tags? (please
provide proof)
Do you have current auto
insurance? Provider?
Expiration? (please provide
proof)
Is your vehicle currently in
operating order?
Does your vehicle need
repairs? If so, please explain.

Does your vehicle have
sanitary facilities?
Do you have any serious
driving violations including
DUls?
Do you have any outstanding
tickets or warrants? If so,
please explain.

Number of people in the
vehicle?
If you have pets, please
provide information including
type, size, and immunization
records.

Packet Page 204
Questionnaire
How did you hear about our program?
□Male □Female
What is your age? What race/ethnicity are you? DOB:

Do you have dependents
staying in the vehicle with you?
If yes, please provide names,
ages, and proof of custody.

How long have you lived on Are you a veteran?
the Monterey peninsula? Type of Discharge?
□Carmel/Carmel Valley
□Del Rey Oaks
□Marina
Where have/had you been □Monterey living? Reason for leaving? □Pacific Grove
□Sand City
□Seaside
□Other
Have you ever rented through
a formal rental agreement or
lease (house or apartment)? If
so, please provide your length
of stay.

Have you ever been evicted
from your place of stay? If yes,
please explain.

Is this your first time becoming
homeless?
Reason(s) why you are
homeless?
Where do you park now?
Have you been notified or
ticketed not to park there?
Do you have physical and/or
mental challenges? If yes,
please explain.

Do you have allergies to any
medication? *Please explain
Have you been or are you Name and Phone number of County worker:
currently a County Mental
Health Client?
□ Yes □No
Packet Page 205
Do you have any thoughts of
hurting yourself or others?
How long do you expect to
park at our site?
Do you have family members
living in the area? If so, are
you in touch with family
members or willing to get in
touch with them?
Do you currently have a source
of income? If yes, what
kind(s)? E.g., VA benefits, food
stamps, SSDI, worker's
compensation, TANF,
Unemployment, etc.

Do you currently receive any Medical Medicaid Medicare VA Medical Other non-cash benefits? (circle) Do you have a bank account?
If so, with whom?
Do you have any debts you are
legally required to pay (e.g.,
child support, DMV, credit
cards, court judgement, etc.)?
Please Describe.

Have you or are you
participating in any social
service and/or housing
programs (e.g., !HELP, VTC,
Interim, etc.)? Please Describe.

Please also provide a name
and phone number for any
case workers with these
programs/services.

What are you short-term and
long-term plans?
Have you applied for housing?
If so, where? If not, why not?
Would you consider having
roommates to share costs?
Do you have any medical
and/or legal needs you'd like
assistance with? If so, please
describe.

Packet Page 206
Do you have a community
support network? (e.g.,
religious community)
Have you ever been convicted
of, or plead guilty or no contest
to, any felony or misdemeanor
of selling, distributing, or
manufacturing illegal drugs? If
yes, please provide details,
including the year and nature
of the offense and sentence or
other penalty imposed.

Are you presently on
probation? If yes, for what and
when will the probation end?
Do you now have or have you
ever had an alcohol or drug
abuse problem? If yes, please
provide details such as the last
time you drank or used drugs
and any treatment programs
you are participating in.

Education
What is your highest level of
education? Include any
certificates you have earned.

Use of Computers
Do you own or have regular
access to a computer?
Describe your competence
level in working on a computer.
(for instance, are you familiar
with using a word processor
for creating a resume or
browsing websites on the
internet for job opportunities?)
Skills and Abilities
What kinds of skills and
abilities do you have, and have
enjoyed doing in previous
jobs?
Packet Page 207
What other kinds of skills and
abilities do you have that you
may have developed through
daily living and not necessarily
through formal employment?
These might have come from
working on various household
projects, an interesting and
challenging hobby,
volunteering or helping others
in different ways, etc.

Do you have a resume? If so,
please provide.

Would you agree to finding 10
job leads each week? (if
capable of entering the
workforce and currently
unemployed).

Other / Notes�
Agreement and Signature
By submitting this application, I affirm that the facts set forth in it are true and complete. I will be given a copy of the program rules, a confidentiality waiver and a liability waiver about the program. It is my responsibility to review and sign each of the forms. My signature on this form means that I am willing to follow the policies and rules of the program.

Name (printed)
Signature
Date
If you have any questions, please feel free to contact Michael Fechter at (843) 276-7655 Packet Page 208
Facility Maintenance Plan
Trash services will be provided by Greenwaste, and portable toilets and handwashing stations will be provided by Star Sanitation. Each will be serviced regularly, once per week, with any additional cleanings ordered as needed. Two unisex ADA compliant portable toilets and appropriate hand washing stations will be provided to guests.

Packet Page 209
Services Provided
Guests of the MPUSD Safe Parking Program will be provided with safe overnight parking where they will sleep in their vehicles. They will also have access to the family resource center on site.

In addition, Guests are required to participate in wrap-around case management to work toward a return to traditional housing. Financial assistance will also be available to the families enrolled in the form of gas vouchers, food vouchers, vehicle repairs, vehicle registration fees, and school supplies for students enrolled in MPUSD schools.

Packet Page 210

PARKING RULES, RESTRICTIONS AND RESPONSIBILITIES ASSOCIATED WITH THE SAFE PARKING PROGRAM:
1) Guns or firearms of any kind are strictly prohibited, and the use of alcohol and/or drugs will not be tolerated. Failure to abide by this rule will result in immediate removal from the assigned location.
2) Camping tarps or camping equipment beyond the top of the vehicle are prohibited. 3) Cooking outside the vehicle is absolutely not allowed. 4) All trash will be disposed of offsite and the area will be kept tidy. 5) Loud music is not permitted.
6) Parking lot is for sleeping use only.
7) Overnight stays will be limited to the hours assigned. Adherence to in and out times is mandatory.
8) Users must keep barking dogs in their vehicle at all times. Animals must be kept on a leash at all times on the property. Animal waste must be picked up immediately and disposed of properly.
9) Under absolutely no conditions will the guest(s) invite other vehicle dwellers to occupy the site or invite any visitors or any type of patrons into the parking lot. 10) If bathroom facilities are provided, showering or bathing is not permitted. 11) The owner of the parking lot cannot be held liable for damages caused by a third party to the parked vehicle or its occupants.
12) Absolutely no more than one vehicle allowed per individual or family staying at the site. 13) Absolutely no use of the facility services i.e., ELECTRICITY, water, trash or any of the hoses at the site. Failure to comply with this rule will result in immediate termination from our program.
14) Please respect the privacy of the surrounding neighbors and their property. 15) Children will be watched and kept safe at All Times -- No Exceptions!!!!! 16) Do not park within 3 blocks of the lot you are assigned to at any time. 17) If you do not renew your permit within 30 days after the expiration date you will be suspended from the program and must make an appointment to discuss reinstatement.

Packet Page 211
Yellow lines are fencing with screening, blue square is where the restrooms and trash will be located, red square is the new parking area.

Packet Page 212
Southwestern Wire, Inc. 1-800-348-9473 MS10 2/13
EagleMax Privacy Slat Fence
- 95% Sight obstruction to obscure
view of areas not wanted in public
view - for commercial and residential
use.
- Lower product
maintenance required
EagleMax fencing is
available with
galvanized or poly
coated chain link in a
variety of colors
- Reduced labor costs in
the fi eld
Packet Page 213
Southwestern Wire, Inc. 1-800-348-9473 MS10 2/13
The industrial slat used in EagleSlat for commercial applications are fl at tubular in shape, 2.4” wide. Inside the tube there are three legs for extra durability. The slats are extruded with High Density Polyethylene (HDPE) with UV (ultra violet) inhibitors, specifi cally designed to protect it from the harmful effects of the sun and lengthen the life of the product. The fi n-slat used in the EagleMax for greater privacy has the same construction and makeup but will offer a higher level of sight privacy.
- “Out of Sight - Out of Mind”
additional protection
Packet Page 214

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: November 2, 2023
SUBJECT: APPROVE THE NEIGHBORHOOD IMPROVEMENT COMMISSION

RECOMMENDATIONS FOR FUNDING ALLOCATED FOR

COMMUNITY AND PARK IMPROVEMENTS

RECOMMENDATION
Adopt a resolution:

1.) Approving the Neighborhood Improvement Commission's recommended use of collected TOT funds generated by short-term rentals and allocated for community and park improvements; and

2.) Authorizing the Finance Director to make project budget adjustments based on the recommended allocation of 50% of STR TOT funds.

BACKGROUND
The primary objective of the Neighborhood Improvement Commission (NIC) is "to make recommendations to the City Council on ways to improve the appearance of the city and elicit voluntary cooperation to beautify and minimize vandalism in the city." In accomplishing this objective, the NIC seeks input from Seaside residents, community volunteer groups, and collaborative efforts with other boards and commissions.

In July of 2018, the City Council adopted Ordinance 1054 which directed 50% of all transient occupancy tax (TOT) generated by short-term rentals (STR's) to be directed toward community and park improvements, with the Neighborhood Improvement Commission (NIC) providing the recommendations for the use of these funds to the Council for consideration and approval.

On August 8, 2023, the NIC heard proposals from Sustainable Seaside, FOSPA, and the Parks and Recreation Commission. Their proposals included water fountains/ bottle filling stations, linear park along General Jim Moore Boulevard, picnic areas at Cutino Packet Page 215

Item No.

10.A.

Park, themed or artistic bicycle racks, Capra Park upgrade, exercise equipment at parks, crosswalk art at entrances to parks, volleyball court net and sand at Highland Otis Park, and resurfacing of Wheeler Tennis Courts.

On September 5, 2023, the NIC heard proposals from the Arts and History Commission and the Homeless Commission. Their proposals included artwork on City-owned utility boxes, murals at City-owned sites such as Cutino Park, and a mobile hygiene unit for the unhoused.

On October 3, 2023, the NIC held a special meeting to decide on their recommendations to the City Council for expenditure of 50% of STR TOT funds. Their recommendations are listed below.

FY 2023/ 2024- Available funding to be spent / encumbered by June 30, 2024: $402,959.00

1. $25,000 – Light pole banners on Fremont Boulevard

2. $98,000 – Three picnic areas at Cutino Park – include picnic tables with benches, concrete pads, trees, landscaping, and irrigation.

3. $10,000 – Neighborhood watch program - includes funding for block gatherings to discuss matters of concern, flyers, a webpage, and similar.

4. $14,000 – Covers/ artwork for utility boxes

5. $15,000 – Mural at Cutino Park

6. $80,000 – Repair of Wheeler Tennis Courts – crack sealing and striping

7. $15,000 – Tree giveaway and planting of native trees

8. $16,000 – Four benches on General Jim Moore facing the ocean

9. $70,000 – City of Seaside welcome sign at the north end of the City

10. $57,000 – Fernando Park walkway – includes concrete walkway, benches, and possibly barbecues
Budget: $402,959.00
Total cost of recommendations: $400,000.00
Remaining funds to allocate later: $2,959.00

FISCAL IMPACT
Packet Page 216

Item No.

10.A.

The fiscal year 2023-24 City budget includes a budget amount of $402,959.00 for the Neighborhood Improvement Committee to make recommendations for expenditure, and they made recommendations for expenditure in the amount of $400,000.00. Any unused allocation will not be rolled over to the next fiscal year for the NIC to make recommendations.

ATTACHMENTS

1. Resolution

2. NIC 2023-24 Workplan
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 217
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE NEIGHBORHOOD IMPROVEMENT COMMISSION

RECOMMENDATIONS FOR USE OF ALLOCATED FUNDING FOR COMMUNITY

AND PARK IMPROVEMENTS
WHEREAS, the primary objective of the Neighborhood Improvement Commission is to make recommendations to the City Council on ways to improve the appearance of the city and elicit voluntary cooperation to beautify and minimize vandalism in the city; and
WHEREAS, in July of 2018, the City Council adopted Ordinance 1054 which directed 50% of all transient occupancy tax (TOT) generated by short-term rentals (STR's) to be directed toward community and park improvements, with the Neighborhood Improvement Commission (NIC) providing the recommendations for the use of these funds to the Council for consideration and approval; and WHEREAS, on August 8, 2023, the NIC heard proposals from Sustainable Seaside, FOSPA, and the Parks and Recreation Commission. Their proposals included water fountains/ bottle filling stations, linear park along General Jim Moore Boulevard, picnic areas at Cutino Park, themed or artistic bicycle racks, Capra Park upgrade, exercise equipment at parks, crosswalk art at entrances to parks, volleyball court net and sand at Highland Otis Park, and resurfacing of Wheeler Tennis Courts; and WHEREAS, on September 5, 2023, the NIC heard proposals from the Arts and History Commission and the Homeless Commission. Their proposals included artwork on City-owned utility boxes, murals at City-owned sites such as Cutino Park, and a mobile hygiene unit for the unhoused; and
WHEREAS, on October 3, 2023, the NIC held a special meeting to decide on their recommendations to the City Council for expenditure of 50% of STR TOT funds; and WHEREAS, at the October 3, 2023 special meeting, the NIC unanimously approved to recommend to Council to spend 50% of STR TOT funds on the following:

1. $25,000 – Light pole banners on Fremont Boulevard

2. $98,000 – Three picnic areas at Cutino Park – include picnic tables with benches, concrete pads, trees, and landscaping
Packet Page 218

3. $10,000 – Neighborhood watch program - include funding for block gatherings to discuss matters of concern, flyers, webpage, and similar.

4. $14,000 – Covers/ artwork for utility boxes

5. $15,000 – Mural at Cutino Park

6. $80,000 – Repair of Wheeler Tennis Courts – crack sealing and striping

7. $15,000 – Tree giveaway and planting of native trees

8. $16,000 – Four benches on General Jim Moore facing the ocean

9. $70,000 – City of Seaside welcome sign at the north end of the City

10. $57,000 – Fernando Park walkway – includes concrete walkway, benches, and a barbecue
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the recommendations NIC approved on October 3, 2023; and BE IT FURTHER RESOLVED, that the City Council of the City of authorizes the Finance Director to make the project budget adjustments; and PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 2nd day of November, 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 219
City of Seaside
Neighborhood Improvement Commission (NIC)
Annual Work Plan July 1, 2023 to June 30, 2024
Commission Membership:

Shanda LaBoeuf Chairman
Dennis Alexander Vice-Chairman
Ramona Olaeta-Reed Commissioner
Ray Riordan Commissioner
Tiffinie Meyer Commissioner
Joan Costello Commissioner
Vacant Commissioner
Packet Page 220
Neighborhood Improvement Commission
2 The Neighborhood Improvement Commission (NIC) consists of seven individual members appointed by the City Council to serve a three-year term. Each member resides within the City of Seaside and serves on a voluntary basis.

Purpose:

The purpose of the NIC is to make recommendations to the City Council and advising the Council in matters pertaining to the general improvement of neighborhoods throughout the City of Seaside.

Objectives:

1. Encourage citizens to beautify and upgrade their property and landscaping, and to remove items that adversely influence property values;

2. Encourage citizens to voluntarily comply with the various city codes relatingto the general appearance of the City;

3. Make recommendations to the City Council on ways to improve the appearance of the City and to elicit voluntary cooperation to beautify and minimize vandalism in the City;

4. Work with service clubs and civic organizations, as appropriate, to help clean up the City and to promote and implement programs which help achieve this goal;

5. Work towards the establishment of neighborhood organizations including Neighborhood Watch groups to encourage beautification and reduce vandalism in the neighborhoods;

6. Encourage citizens and merchants to decorate their homes and businesses with decorations during the holiday season and to appropriately displaythe United States flag on national holidays;

7. Conduct administrative hearings relating to property maintenance.

Packet Page 221
Neighborhood Improvement Commission
3 Historical Information:

On December 3rd, 1981, the Neighborhood Improvement Commission (NIC), originally known as the “Neighborhood Improvement Program Commission” was first introduced under Ordinance 596 and adopted by the City Council on December, 7th, 1982.

An NIC objective is “To make recommendations to the City Council on ways to improve the appearance of the city and elicit voluntary cooperation to beautify and minimize vandalism in the city.”
In July of 2018, the City Council adopted Ordinance 1054 which directed 50% of all transient occupancy tax (TOT) generated by short term rentals (STRs) to be directed toward community and park improvements, with recommendations to the City Council by the Neighborhood Improvement Commission.

The work plan of the Neighborhood Improvement Commission aligns with their recommendations to the City Council for use of STR TOT.

Fiscal Year Work Plan:

1. Actively participate in collaborative efforts with community members and other commissions in recommending beneficial beautification projects to the City Council for consideration;

2. Strengthen community participation in reducing blight and vandalism through a Neighborhood Watch program.

RECENT AND ONGOING ACCOMPLISHMENTS:

Fire Station Beautification
The 2019-20 NIC work plan included repainting the Fire Station. An art mural was included in NIC’s 2022-23 work plan. Recent beautification efforts can be directly attributable to NIC’s recommendations to the City Council.
• Fire Station Exterior Paint
• Mural
Packet Page 222
Neighborhood Improvement Commission
4 Neighborhood Park Improvements
NIC recommended projects:
• City Tree Program
• Water bottle filling stations
• Highland Otis Park equipment
• Community Garden
• ADA Merry-Go-Round at Laguna Grande Park
• (20) Trees at city parks
• Signage at city parks and Sonoma Sports Court
Sidewalk Improvements
NIC recommended project:
• Grinding lifted transitions between neighborhood streets and sidewalks.

Sonoma Sports Court
The 2019-20 NIC work plan included acquiring a dilapidated fenced area at Contra Costa and Sonoma from MPUSD, “so it can be upgraded and possibly become a basketball court for the neighborhood.” Accomplished.

PG&E Manzanita Substation Fence
Collaborated with PG&E to beautify their sub-station fence at San Pablo and Flores, which included the removal of razor wire, and the repairing and repainting of the fence.

Neighborhood Watch Signs
An NIC work project included the replacement of 200+ faded-out, vandalized, mismatched, and otherwise illegible neighborhood watch signs.

NIC also sponsored several organizational meetings in order to restore community interest and participation in neighborhood watch programs. The Commission intends to continue promoting this important program.

Public Nuisance Hearings:

Commissioners recently participated in Public Nuisance hearings as outlined in Section 17.36.110 of the Seaside Municipal Code. • Commercial business – 1100 block of Broadway – accumulation of junk • (3) Houses with accumulation of junk/debris
Packet Page 223
Neighborhood Improvement Commission
5 Neighborhood cleanups:

Several times per year, the Commission provides a dumpster to a neighborhood selected by the Commission. Residents of that neighborhood can dispose of approved waste free of charge. All neighborhood residents are thus encouraged to clean up their property to help beautify their neighborhood and the City.

House of the Month:

The Commission selects a House of each month from a rotating list of neighborhoods. The winners receive a plaque with their name and address plus a $50 gift certificate for a Seaside business of their choice. Winners receive awards at City Council meetings.

Business of the Quarter:

Four times per year, the Commission selects a Seaside Business of the Quarter where improvements have occurred or the overall visual appeal maintained of the business is exceptional. Winners receive a plaque at City Council meetings as circumstances permit.

Holiday Decorations:

To encourage holiday cheer and a sense of community pride, the Commission sponsors a decorating contest each December. Participants are eligible to receive prizes as the Commission selects winners. • The City acquired new holiday decorations as recommended.

End of Work Plan
Dated: May 9, 2023
Shanda LeBoeuf, NIC Chair Dennis Alexander, NIC Vice-Chair Packet Page 224
Neighborhood Improvement Commission
6 Fire Station beautification
Before During
Completion!
Packet Page 225
Neighborhood Improvement Commission
7 Portal Project
Packet Page 226
Neighborhood Improvement Commission
8 Community Cleanup
Packet Page 227
Neighborhood Improvement Commission
9 Public Nuisance Abatement
Before
After
Packet Page 228

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: November 2, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE HILBY AVENUE

TRAFFIC CALMING PLAN AND APPROVING AN AMENDMENT TO

THE PROFESSIONAL SERVICES AGREEMENT WITH
PARAMETRIX INC. TO DESIGN AND PREPARE BID DOCUMENTS

FOR THE THE HILBY AVENUE TRAFFIC CALMING

IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED
$96,870.00

RECOMMENDATION
Adopt a resolution approving the Hilby Avenue Traffic Calming Plan and authorizing the City Manager to execute amendment No. 1 to the professional services agreement with Parametrix to design and prepare bid documents for the Hilby Avenue Traffic Calming Improvements Project for an amount not to exceed $96,870.00.

BACKGROUND
Earlier this year, the City Council approved a professional services agreement with Parisi Transportation Consulting, a division of Parametrix (Parametrix), to prepare a comprehensive traffic calming plan for Hilby Avenue from Wheeler Street to General Jim Moore Boulevard (Draft Plan). The scope of work included data collection, preparation of existing conditions map, development of a “toolkit” of potential traffic calming measures, an in-person community outreach workshop, and draft plan presentations to the Traffic Advisory Committee and City Council for final approval. At the September 19th Traffic Advisory Committee meeting, the Committee approved the Draft Plan. Staff is recommending to approve the Draft Plan and approve amendment No. 1 to the existing professional services agreement with Parametrix to prepare final design and construction bid documents for the Hilby Avenue Traffic Calming Improvements Project.

Packet Page 229

Item No.

10.B.