Agenda packet — Seaside City Council, December 21, 2023

AMENDED A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, December 21, 2023
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with options for viewing and listening virtually or telephonically, based on availability.
___________________________________________________________________________________ ___________________________________________________________________________________

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 view 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 listen 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, 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.

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).

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City Council REGULAR Meeting December 21, 2023 5:00 PM Agenda Page 2

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. UPCOMING CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS (RECREATION DIRECTOR DAN MEEWIS)
B. WINTER STORMS EMERGENCY PREPARATION AND COORDINATION

PLAN REVIEW (FIRE CHIEF MARY GUTIERREZ & POLICE CHIEF NICK

BORGES)

8. CONSENT AGENDA
A. APPROVE MINUTES FROM OCTOBER 19, NOVEMBER 2 AND DECEMBER 7, 2023
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. APPROVE AND FILE CITY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of November 11, 2023 through December 8, 2023, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending November 10, 2023 and November 24, 2023.

Total Accounts Payable and Payroll for the above referenced period is $4,522,946.06.

C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of November 11, 2023 through December 8, 2023, including the payroll and benefits checks, direct deposits and wired payments related to the pay period ending November 10, 2023 and November 24, 2023.

Total Accounts Payable and Payroll for the above referenced period is $325.46.

D. ADOPT A RESOLUTION APPROVING THE ANNUAL APPOINTMENTS TO LOCAL COMMITTEE ASSIGNMENTS FOR JANUARY 1, 2024, TO DECEMBER 31, 2024
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City Council REGULAR Meeting December 21, 2023 5:00 PM Agenda Page 3 RECOMMENDATION: Adopt a resolution confirming the Mayor's annual appointments for the City Council to local committee assignments for January 1, 2024, to December 31, 2024.

E. APPROVE CO-SPONSORSHIP AND FEE WAIVER FROM ACTION COUNCIL -

BUILDING HEALTHY COMMUNITIES FOR COSTS ASSOCIATED WITH THE 2024 MARTIN LUTHER KING, JR. MARCH AND PROGRAM
RECOMMENDATION: Approve a request from the Action Council - Building Healthy Communities for co-sponsorship and fee waiver for the costs associated with the 2024 Martin Luther King Jr. March and Celebration on January 15, 2024, in the amount of $6,019.17.

F. ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH WHITSON ENGINEERS TO PERFORM DESIGN AND

DESIGN SERVICES DURING CONSTRUCTION FOR THE SAN PABLO

PEDESTRIAN BRIDGE DEMOLITION AND RECONSTRUCTION PROJECT FOR AN AMOUNT NOT TO EXCEED $556,000.00
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a professional services agreement with Whitson Engineers to perform design and design services during construction for the San Pablo Pedestrian Bridge Demolition and Reconstruction Project for an amount not to exceed $556,000.00.

G. REVIEW OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

OF THE CITY OF SEASIDE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE (ROPS) 24-25 FOR THE PERIOD JULY 1, 2024 – JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177
RECOMMENDATION: Accept and review the ROPS 24-25 for the period July 1, 2024 – June 30, 2025 pursuant to Health and Safety Code Section 34177 and direct staff to forward the presentation to the Monterey County Consolidated Oversight Board for further review and approval.

H. ADOPT A RESOLUTION APPROPRIATING $22,000.00 FROM THE GENERAL

FUND TO THE DRAINAGE INLET IMPROVEMENTS PROJECT, AND
APPROVING $22,000.00 IN ADDITIONAL CONTINGENCY TO THE

CONSTRUCTION AGREEMENT WITH MONTEREY PENINSULA ENGINEERS, INC. FOR A TOTAL CONSTRUCTION AMOUNT THAT DOES NOT EXCEED $113,850.00
RECOMMENDATION: Adopt a resolution:

1. Appropriating $22,000.00 from the General Fund to the Drainage Inlet Improvements Project;

2. Approving $22,000.00 in additional contingency to the Construction Agreement with Monterey Peninsula Engineers, Inc. for a total construction amount that does not exceed $113,850.00; and

3. Authorizing the City Manager to approve amendments, extensions, and change orders to the Construction Agreement until completion of the project such that they do not exceed the total project construction amount.

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City Council REGULAR Meeting December 21, 2023 5:00 PM Agenda Page 4 I. ADOPT A RESOLUTION CANCELING THE JANUARY 4, 2024 CITY COUNCIL

REGULAR MEETING
RECOMMENDATION: Adopt a resolution canceling the January 4, 2023, regular meeting of the City Council.

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

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

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

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

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

12. ADJOURNMENT
Next Regularly Scheduled Meeting:

January 4, 2024
5:00 p.m.

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 Agendarelated 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.

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DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, October 19, 2023
REDEVELOPMENT AGENCY 5:00 PM

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

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

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

4. REVIEW OF AGENDA
No changes.

5. PUBLIC COMMENT
Chandler Roland, Lynda Cunningham, Tim Duran, Kay Cline, owner of 1495 Mescal Street, Ann Marie Pagan, Ramona Olaeta-Reed, Pastor Ogarrio, Jen Gunter, Priscilla Ogarrio, Karla Lobo, Pastor Ronald Britt, Nina Beatty, Peter Kaiser, Uncle Addy*, Pastor Kenneth Murray, Gabe Stutman, Darius Lane*, Phil Barber*, Susan Schiavone, Kay, David Irving*, Shawnda LeBeouf
*participant via Zoom and was removed from the meeting.

6. PUBLIC AGENCY COMMUNICATIONS
Alvin Edwards, Monterey Peninsula Water Management District Director 1 A. MONTEREY-SALINAS TRANSIT DISTRICT UPDATES & ANNOUNCEMENTS (MICHELLE OVERMEYER, DIRECTOR OF PLANNING & INNOVATION) Carl Sedoryk General Manager/CEO provided the presentation and responded to questions from the Council.

7. PRESENTATIONS
A. UPCOMING CITYWIDE EVENTS & ANNOUNCEMENTS (DAN MEEWIS,

RECREATION DIRECTOR)
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Thursday, October 19, 2023 City Council REGULAR Meeting Page 2 Director Meewis provided a presentation and reviewed the following upcoming events:
• Seaside Certified Farmers Market – Every Thursday, 3pm-7pm at Laguna Grande Park
• City Hall and Library Parking Lot Repaving construction schedule, phase 2 began September 26. For A.D.A access, call 831-899-6885. • Seaside ADU Loan Program, www.ci.seaside.ca.us/805/adu-loan-program • Harvest Festival at Pacchetti Dog Park, Saturday, October 21 at 11am – dog costume contest ($5.00 entry fee), judging begins at 1:00 p.m. • Pumpkin Plunge at Pattullo Swim Center, October 21 from 1:15 p.m. – 3:00 p.m. – free admission, $7 to plunge for a pumpkin
• Trunk-or-Treat, October 31 from 4:30 p.m. – 6:30 p.m. at City Hall Lawn • Halloween Bonzana, Oldemeyer Center, October 31 from 6 p.m. – 9 p.m. • Caltrans SR218 ADA Compliant Pedestrian Access Project, started September 11, 2023 and is expected to end in October/early November 2023 • CalFresh Food, enrollment assistance contact 831-899-6851, 831-899-6850 • Complimentary Childcare at City Council Meetings, contact Oldemeyer Center 48 hours in advance at 831-899-6800
• Family & Community Support Program, [email protected], 831-899- 6852, bit.ly/SeasideFCSP
• Community announcements: Friends of Seaside Parks Association Park Clean Ups on 10/21 at Havana-Soliz Park, 10/28 at Mescal Neil Park, 11/4 at Beta Park
• Follow us on social media: facebook.com/seasideca; Instagram:
@cityofseaside; X: @city_of_seaside

8. CONSENT AGENDA
Mayor/Chair Oglesby read the consent agenda items. Item 8I was pulled by Council/Agency Member Miller and Item 8J was pulled by Ann Marie Pagan.

On motion by Council/Agency Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco, and carried by the following vote, the City Council/Successor Agency moved to approve the consent agenda except for items 8I and 8J.

RESULTS: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
Public Comment: Alice, Pastor Ronald Britt
A. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL BOYS AND GIRLS SWIM TEAMS
ACTION: APPROVED
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Thursday, October 19, 2023 City Council REGULAR Meeting Page 3 B. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM THE

WAHINE PROJECT
ACTION: APPROVED
C. APPROVE ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT (ESCA) QUARTERLY REPORT
ACTION: APPROVED
D. REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY COMMITTEE

RECOMMENDATIONS TO REMOVE RED CURBS AT BUS STOP LOCATIONS ACTION: APPROVED
E. APPROVE AND DECLARE A VACANCY ON THE COMMUNITY SAFETY

ADVISORY COMMISSION
ACTION: APPROVED
F. ADOPT A RESOLUTION AMENDING THE CAPITAL IMPROVEMENT
PROGRAM TO INCLUDE THE SABADO PARK RENOVATION PROJECT;
ACCEPTING GRANT FUNDS IN AN AMOUNT UP TO $50,000.00 FROM CALFORNIA AMERICAN WATER AND A DONATION OF $10,000.00 OF

PARK EQUIPMENT FROM BLUE ZONES, AND APPROPRIATING AND
ENCUMBERING $23,000.00 FROM THE GENERAL FUND BALANCE TO THE

PROJECT
ACTION: ADOPTED RESO
G. ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS

FOR DRAIN INLET IMPROVEMENTS AT YOSEMITE STREET/ SAN PABLO

AVENUE PROJECT, AMENDING THE CAPITAL IMPROVEMENT PROGRAM

TO INCLUDE THE DRAIN INLET IMPROVEMENTS PROJECT,
TRANSFERRING $96,375.00 FROM THE CORRUGATED METAL PIPE

REPLACEMENT PROGRAM BUDGET TO THE PROJECT, AND AWARDING A

CONSTRUCTION AGREEMENT TO MONTEREY PENINSULA
ENGINEERING, INC. FOR AN AMOUNT NOT TO EXCEED $83,500.00 AND

A TOTAL PROJECT CONSTRUCTION COST INCLUDING CONTINGENCY OF $91,850.00
ACTION: ADOPTED RESO
H. ADOPT A RESOLUTION GRANTING AN EASEMENT TO SEASIDE COUNTY

SANITATION DISTRICT FOR THE SUTTER STREET SEWER REROUTE

PROJECT
ACTION: ADOPTED RESO
I. ADOPT A RESOLUTION APPROVING AN APPROPRIATION OF $90,000.00 Packet Page 7
Thursday, October 19, 2023 City Council REGULAR Meeting Page 4

TO THE CITY HALL AND LIBRARY PARKING LOT REPAVING PROJECT, AND APPROVING $90,000.00 IN ADDITIONAL CONTINGENCY TO THE

CONSTRUCTION AGREEMENT WITH MONTEREY PENINSULA
ENGINEERS, INC. FOR A TOTAL CONSTRUCTION AMOUNT THAT DOES NOT EXCEED $687,270.00
The item was pulled by Council/Agency Member Miller pulled the item to indicate that he would be consistent in his position to vote no on the item.

PUBLIC COMMENT: Karla Lobo, Gabe Stutman
On motion by --- and second by --- and carried by the following vote, the City Council/Successor Agency moved to adopt the resolution.

RESULTS: 4-1-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco
NOES: Miller
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO
J. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICE AGREEMENT WITH WHITSON ENGINEERS FOR

ADDITIONAL SERVICES RELATED TO THE PREPARATION OF

CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE FREMONT

BOULEVARD CENTER MEDIANS PROJECT FOR AMOUNT NOT TO EXCEED $8,000.00.

The item was pulled by Ann Marie Pagan.

PUBLIC COMMENT: 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 adopt the resolution.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco, Miller
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO

9. PUBLIC HEARING
A. ADOPT A RESOLUTION APPROVING ARCHITECTURAL REVIEW
APPLICATION NO. AR-23-11 FOR A SECOND STORY ADDITION AT 7 Packet Page 8
Thursday, October 19, 2023 City Council REGULAR Meeting Page 5 HARROW COURT (APN: 012-682-037) IN THE SINGLE FAMILY
RESIDENTIAL (RS-8) ZONING DISTRICT. THE PROJECT IS
CATEGORICALLY EXEMPT CLASS 3, SECTION 15303(A) FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Council/Agency Member Miller recused himself from the public hearing.

Community & Economic Development & Planning Manager Andrew Myrick provided a presentation that review Council’s approval the project, but requested that staff return with conditions to apply translucent treatments to west-facing second story windows and to provide for some form of landscape screening. The proposed conditions were to install 15-gallon trees along western property line. The species would be determined in consultation with applicant and appellant; and second-story west-facing windows would be required to install a translucent film.

PUBLIC COMMENT: Ann Marie Pagan, Shawnda LeBeouf, Dianne Nielson, Karla Lobo On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Burks, and carried by the following vote, the City Council/Successor Agency moved to adopt the resolution with the conditions of approval as presented.

RESULT:

AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco
NOES: None
ABSTAIN: Miller
ABSENT: None
ACTION: ADOPTED RESO

10. BUSINESS ITEMS
A. APPROVE THE USE OF PUBLIC RESOURCES POLICY
City Manager Fontes provided a verbal presetnation and reviewed the use of public resources policy, and its purpose.

PUBLIC COMMENT: Ann Marie Pagan, 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 to approve the use of public resources policy.

RESULT: 3-2-0-0
AYES: Burks, Garcia-Arrazola, Oglesby
NOES: Pacheco, Miller
ABSTAIN: None
ABSENT: None
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Thursday, October 19, 2023 City Council REGULAR Meeting Page 6 ACTION: APPROVED

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS

1. The Council agreed to add an item to a future agenda to discuss and consider a city-sponsored ballot measure regarding the future sale of safe and sane fireworks in the city for the November 2024 election.

2. The Council agreed to receive an update on the Climate Action Plan.

3. Request that the City Manager and staff return with suggested solutions for resolving “zoom bombing” incidents. (Oglesby)
B. FOLLOW UP ON PREVIOUS COUNCIL MEMBER REQUESTS
City Manager Fontes provided an update on past requests regarding Canadian Geese and

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 announcements.

There were no comments from the public.

Case Number: Monterey County Superior Court Case # 21CV003630 C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9
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Thursday, October 19, 2023 City Council REGULAR Meeting Page 7 Potential Litigation (2 MATTERS)

14. ADJOURNMENT
With no further business, the meeting adjourned in honor of Mr. Luis Vasquez.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
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DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, November 2, 2023
REDEVELOPMENT AGENCY 5:00 PM

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

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco.

ABSENT: None

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

4. REVIEW OF AGENDA
None.

5. PUBLIC COMMENT
Jim Boyer, Donna Penwell, Peter Kaiser, Ray Riordian

6. PUBLIC AGENCY COMMUNICATIONS
None.

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

CHIEF NICK BORGES (PAMELA BONSPER & JACQUELINE SIMON)
Jacqueline C. Simon and Pamela Bonsper of Cast Action Alliance, provided a presentation of a painting to Police Chief Nick Borges and the City Council titled “Policing”. As described by the artist, the painting intends “to contrast police departments which are dedicated to serving and protecting their communities in a lawful and responsible manner to those which use illegal acts of aggression against people of color.”
B. UPDATE ON THE CLIMATE ACTION PLAN PROCESS (ECONOMIC &

COMMUNITY PLANNING MANAGER, ANDREW MYRICK)
Mr. Myrick provided a presentation that reviewed the status and progress of the City’s Climate Action Plan (CAP), which is a local level effort to identify specific steps Packet Page 12
Thursday, November 2, 2023 City Council REGULAR Meeting Page 2 that they can take both to mitigate the impacts of greenhouse gas emissions and adapt to a changing climate. The City Council approved the release of a Request for Proposals on September 21, 2023, and the deadline for submitting proposals has concluded and proposals have been received.

City staff is in the process of reviewing the proposals and setting up interviews with the proposers. Staff plans to have a recommendation for Council to select a consultant by December/January.

Mayor Oglesby stated that he intends to appoint an Ad-Hoc Committee of the City Council to review best practices and other relevant topics related to the process.

C. 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 Certified Farmers Market – Every Thursday, 3-7pm, Laguna Grande Park • Everyone’s Altar, November 2, 4-7pm, honoring Dia De Los Muertos • Palenke Arts, Dia De La Muertos, November 2, 6-8pm, Oldemeyer Center • Recreation Department, Winter Spring Activity Guide, Registration opens 12/4 for residents, 12/6 for non-residents
• Ord Terrace Elementary School Crossing Improvements Ribbon Cutting, November 8 at 10:40 a.m., 1755 La Salle Aven
• Parks & Recreation Master Plan Open House Meeting, November 8, 6-7:30pm, Oldemeyer Center
• Diabetes Walk & Learn, November 15, 2-3pm, Gateway to Fort Ord National Monument
• Thanksgiving Camps, November 20-22, 7:45-6pm, bit.ly/SeasideRecTrac • Blue Zones, Purpose Workshop, November 29, 5:30-7:30pm, Oldemeyer Center • Cereal with Santa, December 3, 9-11a.m. Oldemeyer Center • Winter Wonderland, November 8 (corrected date), 6-9pm, City Hall Lawn • Community Holiday Luncheon, December 16, 12:00 p.m. Oldemeyer Center • Caltrans SR218 ADA Compliant Pedestrian Access Project (updates provided) • CalFresh Food, to enrollment assistance available at 831-899-6851 or 831-899- 6850
• Complimentary Childcare at City Council meetings, call 831-899-6800 48 hours in advance
• Family & Community Support Program, [email protected], 831-899- 6852
• Friends of Seaside Parks Association Clean Up – November 4 (Beta), November 11 (Highland-Otis), November 18 (Durant), November 25 (Capra).

8. CONSENT AGENDA
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Thursday, November 2, 2023 City Council REGULAR Meeting Page 3 No comments from the public.

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

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco, Miller
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM AUGUST 17, SEPTEMBER 7, 18, AND 21 ACTION: APPROVED
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 ACTION: ADOPTED
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
ACTION: ADOPTED
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
ACTION: ADOPTED
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
ACTION: APPROVED & ADOPTED
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
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Thursday, November 2, 2023 City Council REGULAR Meeting Page 4 ACTION: ADOPTED
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
ACTION: ADOPTED
H. ADOPT A RESOLUTION APPROVING AN AGREEMENT FOR CONTRACTOR

SERVICES WITH CRAVEN LANDSCAPING INC FOR AN AMOUNT NOT TO EXCEED $49,852.98
ACTION: ADOPTED

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)
Economic Development & Community Planning Manager, Andrew Myrick, provided a presentation reviewing SB 9 which has been effective since January 1, 2022, and allows for allows for ministerial approval (“by right”) for at least two dwelling units on a single-family zoned parcel; also allows ministerial approval of qualifying urban lot splits.

An urgency ordinance addressing SB9 has been adopted by the City Council since December 16, 2021, and subsequently extended to December 12, 2023. The ordinance amendment proposed, would make the language from the urgency ordinance permanent.

PUBLIC COMMENTS: Ray Riordan
On motion by Mayor Pro Tem/Vice Chair Pacheco, and second by Council/Agency Member Garcia-Arrazola, and carried by the following roll call vote, the City Council/Successor Agency moved to adopt the ordinance amending Title 17 and add Chapter 17.13 to the Seaside Municipal Code to implement Senate Bill 9.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco, Miller
NOES: None
ABSTAIN: None
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Thursday, November 2, 2023 City Council REGULAR Meeting Page 5 ABSENT: None
ACTION: 2ND VOTE REQUIRED AT NOVEMBER 16, 2023 MEETING.

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.

Director Myrick presented the item and responded to questions from the Council.

The applicants and representatives of One Starfish Safe Parking and Supportive Services and Monterey Peninsula Unified School District (MPUSD) made statements regarding their request and responded to questions about the project details. The proposed Safe Parking License location is 1295 La Salle Avenue, Monterey Adult School. The license is for safe parking of 20 vehicles from 6:30PM to 7AM (differs from 10PM-6AM code requirement) with a bathroom, handwashing, and trash facilities provided. The plan includes an on-site security guard. Notices were mailed to residents and property owners within 300 feet.

PUBLIC COMMENTS: Jonathan Amandi, Shawnda LeBeuf, Kate Keiger, Miriam Smith, Donnie Everett, Karla Lobo, Pastor Kenneth Murray RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco, Miller
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: APPROVED

10. BUSINESS ITEMS
A. APPROVE THE NEIGHBORHOOD IMPROVEMENT COMMISSION

RECOMMENDATIONS FOR FUNDING ALLOCATED FOR COMMUNITY

AND PARK IMPROVEMENTS
Public Works Director/City Engineer Nisha Patel presented the item and responded to questions from the Council. The Neighborhood Improvement Commission also provided statements to the Council regarding their recommendations.

Packet Page 16
Thursday, November 2, 2023 City Council REGULAR Meeting Page 6 On motion by Council/ Agency Alex Miller and second Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the approve the NIC recommendations as a whole.

Substitute Motion: 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 moved to approve the NIC recommendations individually as follows:

1. Light pole banners: All Yes

2. 3 picnic areas at Cutino Park: All Yes

3. Neighborhood watch program: All Yes

4. Cover/artwork on utility boxes: 4 Yes; Noes – Garcia-Arrazola

5. Mural at Cutino Park: All Yes

6. Repair at wheeler tennis courts: All Yes

7. Tree giveaway: All Yes

8. Four benches on General Jim Moore Boulevard: 4 Yes; Noes – Garcia-Arrazola

9. Welcome sign at north end of city: All Yes

10.Fernando park Northside walkway: All Yes
PUBLIC COMMENTS: Jeff Mayer, Jennie Reese, Peter Kaiser, Joan Costello, Dianne Nielson, AnnaLisa Mitchell
RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco, Miller
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: APPROVED
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
Nisha Patel, Public Works Director/ City Engineer, and Jimmy Jessup, Venera Mandanas, Parametrix Inc. provided the presentation and responded to questions from the Council regarding project goals, existing conditions, community feedback, concept plans, and next steps.

PUBLIC COMMENTS: Peter Kaiser, Tanja Roos
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution approving the Hilby Packet Page 17
Thursday, November 2, 2023 City Council REGULAR Meeting Page 7 Avenue Traffic Calming Plan, and approving an amendment to the PSA with Parametrix, Inc.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco, Miller
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED
C. ADOPT A RESOLUTION ADOPTING THE LINCOLN CUNNINGHAM AND

HAVANA SOLIZ PARKS CONCEPTUAL MASTER PLAN
Nisha Patel, Public Works Director/ City Engineer presented the item and responded to question from the Council.

PUBLIC COMMENTS: Robert Daniels, Dianne Nielson
On motion by Council/Agency Member Garcia-Arrazola and second by Council Member Miller and carried by the following vote, the City Council/Successor Agency moved to adopt the Lincoln Cunningham and Havana Soliz Parks Conceptual Master Plan.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco, Miller
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED
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 Assistant Public Works Director, Carolyn Burke, presented the item and reviewed the Phase 1 Trail Construction and professional service agreement.

PUBLIC COMMENTS: Tanja Roos
On motion by Council/ Agency Alex Miller and second Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to adopt the resolution and authorized the professional service agreement with Whitson Engineers.

Packet Page 18
Thursday, November 2, 2023 City Council REGULAR Meeting Page 8 RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco, Miller
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED
E. CONSIDER RECOMMENDATIONS REGARDING THE USE OF ZOOM FOR

PUBLIC COMMENTS
Public Affairs Officer/City Clerk Dominique Davis, provided the presentation and responded to questions from the Council.

PUBLIC COMMRNTS: Peter Kaiser, Robert Daniels, Pastor Kenneth Murray, Estevan
On motion by Council/Agency Member Garcia-Arrazola and second Council/Agency Burks and carried by the following vote, the City Council/Successor Agency moved to approve discontinuation of zoom for the purpose of public comments.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco
NOES: Miller
ABSTAIN: None
ABSENT: None
ACTION: APPROVED

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS

1. Update on Cal Fresh Numbers (6 month span) - Oglesby B. FOLLOW UP ON PREVIOUS COUNCIL MEMBER REQUESTS
None.

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

Packet Page 19
Thursday, November 2, 2023 City Council REGULAR Meeting Page 9

13. 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
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 Electric 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
With no further business, the meeting adjourned in honor of William “Bill” Grandy, and Lt. Ron Allen.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 20

DRAFT MINUTES

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

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

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

3. INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was held for invocation. The pledge of allegiance was led by Mayor Pro Tem/Vice Chair Pacheco.

4. REVIEW OF AGENDA
None

5. PUBLIC COMMENT
Pastor Ronald Britt, Chandler Owens, Peter Kaiser, Major John Bennett, Monterey Peninsula - Salvation Army provided his presentation (8C) of activities within the City for 2023.

6. CLOSED SESSION
City Attorney Sheri Damon read the closed session items, and did not anticipate a report.

A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) - ANTICIPATED LITIGATION
Consultation with: Don Freeman, Attorney at Law
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Attorney
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Manager
Packet Page 21
Thursday, December 7, 2023 City Council REGULAR Meeting Page 2

7. PUBLIC AGENCY COMMUNICATIONS
None

8. PRESENTATIONS
A. UPCOMING CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS (RECREATION DIRECTOR DAN MEEWIS)
Director Meewis provided a presentation and reviewed the following upcoming events and responded to questions from the council:
• Police Department Swearing in Ceremony 12/6/23- At Embassy Suites • Farmers Market- Every Thursday from 3:00pm-7:00pm- Laguna Grande • Seaside Fire Department- Toy Drive, accepting donations until December 20th – Location: 1635 Broadway Ave.
• Seaside Green- Include these items in your organic cart this holiday season: Food leftovers, pumpkins, Boughs of Holly, wreaths. • Winter Wonderland- Seaside Tree Lighting- December 8, 2023 from 6:00pm to 9:00pm at City Hall.
• Community Holiday Luncheon- December 16, 2023- Door open at 10:30 & lunch at 12pm
• Fruit Tree Pruning Workshop- December 16, 2023 from 10:00am to 12:00pm- Havana Soliz Park & Community Garden-B Lincoln St. • Christmas gift giveaway- December 18, 2023- From 3:00pm to 5:00pm • Older Adult Program Presents- New Years Eve Dance- December 31st,2023- Oldemeyer Center, 986 Hilby Ave.- Door open at 11:00am, Lurch served at 11:30am, dancing begins at 12:30pm
• Most of work will be completed 12/12/23- After next wee • k construction on hold, PG&E will need to complete some utility work, 2 locations will still need to be finished after PG&E work: Del Monte to Sonoma and Harcourt to Allston.
• Cal Fresh Food- Designated to supplement the food budget of low-income households to meet nutritional needs.
• Complementary child care at Seaside Council meetings – To make childcare reservations, call the Oldemeyer Center at 831-899-6800 – required a 48hr.notice
• Inclement Weather Notice- For more information please contact the Public Works Department, at 831-899-6835 or by email: [email protected]Sand Bag fill at the Fire Department. • Family and Community Support Program- 831-899-6852
• Friends of Seaside Parks association (FOSPA) Park Cleanups –December 9, December 16, December 23, December 30
Follow us on social media: facebook.com/Seaside Ca, Instagram: @cityofseaside, Twitter: @City_of_Seaside
B. 2023 SEASIDE MUNICIPAL WATER SYSTEM MASTER PLAN (PUBLIC

WORKS DIRECTOR/CITY ENGINEER NISHA PATEL)
Public Works Director/City Engineer Nisha Patel and Andrew Sterbenz, Schaaf & Packet Page 22
Thursday, December 7, 2023 City Council REGULAR Meeting Page 3 Wheeler - provided the presentation on the Project Background, Water Service Areas, Water Supply, Water Demand, System Infrastructure, Analysis and Assessment, Recommended Capital Improvements, and responded to questions from the council.

C. MONTEREY PENINSULA CORPS OF THE SALVATION ARMY 2023

ACTIVITIES AND SERVICES UPDATES (MAJOR JOHN BENNETT)
This presentation was received during public comment.

D. MONTEREY ONE WATER WEIGHTED VOTE FORMULA POTENTIAL
CHANGES (PAUL A. SCIUTO, GENERAL MANAGER)
Mr. Sciuto provided a presentation that reviewed the joint powers authority formation, the existing weighted vote formula, member entity population data, and advised the Council that it may come before them to consider amending the JPA to change the weighted vote formula.

E. TINY HOMES DEMONSTRATION (GARY TOET, DESIGNER)
Mr. Toet was not prepared to provide his demonstration and asked that to present at a later date.

9. CONSENT AGENDA
There was no public comment.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM NOVEMBER 14 AND 16, 2023
ACTION: APPROVED
B. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED
C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED
D. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM Packet Page 23
Thursday, December 7, 2023 City Council REGULAR Meeting Page 4

SEASIDE AQUATIC CLUB
ACTION: APPROVED
E. APPROVE A FEE WAIVER REQUEST FROM ACTION COUNCIL - BUILDING

HEALTHY COMMUNITIES FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR YOUTH SUMMIT ON DECEMBER 16, 2023.

ACTION: APPROVED
F. APPROVE A PROCLAMATION HONORING DECEMBER 7 AS PEARL

HARBOR REMEMBRANCE DAY
ACTION: APPROVED
G. APPROVE A PROCLAMATION COMMEMORATING THE ADOPTING OF THE

UNIVERSAL DECLARATION OF HUMAN RIGHTS, AND DECLARING
DECEMBER 10 AS HUMAN RIGHTS DAY
ACTION: APPROVED
H. REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY COMMITTEE

RECOMMENDATION TO APPROVE THE TRAFFIC CALMING APPLICATION

FOR SAN PABLO AVENUE BETWEEN MESCAL STREET AND GENERAL JIM

MOORE BOULEVARD
ACTION: APPROVED
I. ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX INC. FOR THE SAN PABLO TRAFFIC

CALMING WORK PLAN AND DESIGN FOR AN AMOUNT NOT TO EXCEED $81,610.00
ACTION: ADOPTED
J. ADOPT A RESOLUTION APPROVING THE ANNUAL PROGRAM

COMPLIANCE REPORT IN SUPPORT OF PROJECTS FUNDED BY MEASURE

X AND AUTHORIZING STAFF TO SUBMIT THE REPORT TO THE

TRANSPORTATION AGENCY FOR MONTEREY COUNTY
ACTION: ADOPTED
K. ADOPT A RESOLUTION MODIFYING THE ANNUAL CITY COUNCIL OUTSIDE ASSIGNMENTS FOR JANUARY 1, 2023 TO DECEMBER 31, 2023 ACTION: ADOPTED
L. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES

FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES FOR THE FY 2021/2022 PAVEMENT REHABILITATION
Packet Page 24
Thursday, December 7, 2023 City Council REGULAR Meeting Page 5 PROJECT FOR AN AMOUNT NOT TO EXCEED $61,720.00.

ACTION: ADOPTED

10. PUBLIC HEARING
A. GENERAL PLAN AMENDMENT GPA-23-02: ADOPT A RESOLUTION AMENDING THE GENERAL PLAN AND ADOPTING THE 6TH CYCLE (2023- 2031) DRAFT HOUSING ELEMENT (EXEMPT FROM CEQA)
Consultant, Veronica Tam, Veronica Tam & Associates, provided a presentation and provided the housing element overview, and the California Department of Housing and Community Development update.

There were no public comments.

Council/Agency Member Miller left the room at the time of the motion and vote.

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 adopt the resolution amending the general plan and adopting the 6 th
cycle
2023-2031 draft housing element.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: Miller
ACTION: ADOPTED

11. BUSINESS ITEMS
A. ADOPT A RESOLUTION APPROVING AN AMENDED FINAL SUBDIVISION MAP FOR PHASE 3 OF THE ENCLAVE, AND GRANT DEEDS TO SHEA HOMES, L.P.

Recess: 7:53 p.m. to 8:15 p.m.

Public Works Director/City Engineer Nisha Patel provide the presentation and responded to questions for the council.

There were no comments from the public.

On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to adopt the resolution approving the amended final subdivision map for phase 3 of the Enclave, and grant deeds to Shea Homes, Packet Page 25
Thursday, December 7, 2023 City Council REGULAR Meeting Page 6 L.P.

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

CONTRACT WITH CALIFORNIA PREMIER RESTORATION TO INCLUDE

THE RETRIEVAL OF UNATTENDED SHOPPING CARTS IN PUBLIC RIGHT OF WAY
Community & Economic Development Director Jose Bazua provided the presentation and responded to questions from the Council.

There were no comments from the public.

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 adopt the resolution authorizing the amendment to the contract with CPR for retrieval of unattended shopping carts.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED

12. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
None.

B. FOLLOW UP ON PREVIOUS REQUESTS

1. Promotional Plans for completed projects (Garcia-Arrazola)

2. Emergency/ Incident Communications Plan (Garcia- Arrazola/Oglesby)

3. Provided an update that the item regarding for the RV parking on private property.

4. 13. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR COMMENTS

AND REPORTS ON COMMITTEE ASSIGNMENTS
Packet Page 26
Thursday, December 7, 2023 City Council REGULAR Meeting Page 7 Reports provided.

14. CLOSED SESSION
City Attorney Sheri Damon read the closed session items and did not anticipate any announcements.

There were no comments from the public.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS PURSUANT TO GOVERNMENT CODE SECTION 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 Negotiation: City Manager, et al.

Negotiating Parties: Danny Bakewell, Jr. and KB Bakewell, Inc., et al.

Under Negotiation: Purchase and Sale Agreement Terms
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 - EXISTING LITIGATION
Monterey County Superior Court
Case No: 23PR000490
Clyde and Claudia Marie Trust
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9
Potential Litigation (2 MATTERS)

15. ADJOURNMENT
With no further business, the meeting adjourned a 9:49 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 27

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: December 21, 2023
SUBJECT: APPROVE AND FILE CITY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of November 11, 2023 through December 8, 2023, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending November 10, 2023 and November 24, 2023. Total Accounts Payable and Payroll for the above referenced period is $4,522,946.06.

BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting, the Council is provided a listing of the payroll and general checks issued since the last report so that the checks can be inspected and confirmed. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoices have been reviewed by the Finance Department prior to payment to ensure that they conform to the approved budget.

Therefore, in accordance with Government Code Section 37208, the above referenced and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council for inspection and confirmation.

A description of the checks and wires exceeding $10,000.00 are as follows:
• $20,154.24 to Access Media Productions for PEG fees (Public, Educational and Government access programming) for AT&T and Comcast for the quarters of January-March 2023 & April-June 2023.
• $18,213.74 to Airtec Service for Air conditioning services for a non-operating unit in a modular building & Police Department.

Packet Page 28

Item No. 8.B. Page 2 of 4
• $52,058.39 to California Premier Restoration for Clean-up services for multiple properties (3) on-call basis & emergency hoarder locations. • $187,821.82 to County of Monterey for Payment for FY 2023-24 Quarter 3 Dispatch Services.
• $45,050.52 to Enterprise FM Trust for monthly payments for (16) leased City vehicles for the period of November 2023.
• $18,118.75 to Harrris & Associates, Inc. for Professional services for the 2023 Hot Spot Repair project through October 31, 2023.
• $24,284.88 to Hinderliter, de Llamas & Associates for Prof. contract/audit services for the period of Quarter 2-2023.
• $13,084.50 to Hope Services for Maintenance services for the period of October 2023.
• $112,659.30 to Huntington Public Capital Corp. for the annual lease payment for an E-ONE Fire truck.
• $64,776.70 to Kraemer Engineering Inc. for construction services for the Highland Otis Park Playground Replacement project through October 31, 2023. • $124,246.91 to Marina Coast Water District for Recycled water meter services for the period of October 2023.
• $23,999.00 to Maze & Associates for City Audit services for the fiscal year ending 6/30/2023 during the period of November 2023.
• $40,714.25 to Monterey Co. Convention & Visitor's Bureau for TID (Tourism Improvement District) remittance for the reporting period of September 2023 for the 13 Seaside motels/hotels.
• $10,536.14 to the Monterey County Tax Collector for MCWRA assessment fees for the 1st & 2nd installment.
• $61,227.50 to Monterey Peninsula Engineering for Professional construction services of the Lincoln Cunningham Basketball Court for the periods of August & September 2023 and Del Monte Manor LID Project through October 2023. • $24,713.18 to Monterey Peninsula Water Mgmt District for Seaside Basin Watermaster services for the periods of January-June 2023. • $27,073.75 to Pavement Engineering, Inc. for Professional services for the 2023 Hot Spot Repair project & Pavement Rehab Project Phase 5 services through October 31, 2023.
• $12,782.10 to PG Computers / Acc for Installation services for the Police Department's new camera system.
• $15,504.00 to Raimi & Associates, Inc. for Prof. services for the City's 6th Cycle Housing Element for the period of October 2023.
• $33,957.86 to Raimi & Associates, Inc. for Prof. services for the City's 6th Cycle Housing Element for the periods of May & June 2023.
• $58,857.25 to RRM Design Group for Professional architectural and engineering services for the Fire Station 2 project through October 31, 2023. • $20,622.78 to Schaaf & Wheeler, Consulting Civil Engineers for Professional engineering services for MCWD Intertie Design, Sutter Street Sewer Main Relocation, and Storm Drain Master Plan projects through October 31, 2023.

Packet Page 29

Item No. 8.B. Page 3 of 4
• $17,666.00 to the State Water Resources Control Board for the stormwater annual permit fee for the period 7/1/2023-6/30/2024.
• $13,092.50 to Sturdy Oil Company for 1,487 gallons of regular gas (ethanol) and 1,255 gallons of clear diesel delivered to the public works department on 11/1/2023.
• $11,181.66 to The Home Depot Pro for Cleaning supplies for the Recreation Department.
• $22,346.40 to The Sohagi Law Group for Professional legal services for Petrovich Development for the period of October 2023.
• $63,815.32 to U.S. Bank-Calcard for City of Seaside purchase card transactions for the billing period of October 2023.
• $49,779.25 to Wallace Group for October 2023 invoices for projects: Services for the Sewer System Management Plan Update; Cutino & Ellis Parks Improvements (Part 2, Phase 1); Lincoln Cunningham Basketball Court Improvement; Ord Terrace Elementary School Crossing; Fernando Park Improvements; SCSD Fog Program Development/Training; American Legion Plan Review. • $17,230.88 to Whitson Engineers for October 2023 invoices for: Professional engineering services for Cutino Park Improvements; Lincoln-Cunningham & Havanna-Soliz Parks Review; Yosemite/San Pablo Storm Drain project. October 2023 invoice for Fernando Park Playground Improvements; July & September 2023 invoices for City Hall & Library Parking Lot Improvements project.

The Net Payroll and Payroll benefits total was $2,372,056.13.

The remaining checks, totaling $945,320.36, include payments to vendors for operating expenditures.

The check report is available on the City's website here:
https://www.ci.seaside.ca.us/194/Check-Draft-Register

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:

Packet Page 30

Item No. 8.B. Page 4 of 4
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 31

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: Successor Agency to the Redevelopment Agency of the City of Seaside FROM: Jaime M. Fontes, City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: December 21, 2023
SUBJECT: APPROVE AND FILE SUCCESSOR AGENCY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of November 11, 2023 through December 8, 2023, including the payroll and benefits checks, direct deposits and wired payments related to the pay period ending November 10, 2023 and November 24, 2023. Total Accounts Payable and Payroll for the above referenced period is $325.46.

BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting the Council is provided a listing of the payroll and general checks issued since the last report so that it can inspect and confirm these checks. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoice has been reviewed by the Finance Department prior to payment to ensure that it conforms to the approved budget.

Therefore, in accordance with Government Code Section 37208, the above referenced, and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council for inspection and confirmation.

A description of the checks and wires exceeding $10,000 are as follows:
• No checks exceeded $10,000.

The Checks report is available on the City's website here:
https://www.ci.seaside.ca.us/194/Check-Draft-Register
Packet Page 32

Item No. 8.C. Page 2 of 2

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 33

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: December 21, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE ANNUAL

APPOINTMENTS TO LOCAL COMMITTEE ASSIGNMENTS FOR
JANUARY 1, 2024, TO DECEMBER 31, 2024

RECOMMENDATION
Adopt a resolution confirming the Mayor's annual appointments for the City Council to local committee assignments for January 1, 2024, to December 31, 2024.

BACKGROUND
In addition to the duties on the City Council, the Mayor and Council members serve as the City’s representatives to outside agencies. City of Seaside participation in regional bodies and internal committees enables us to work toward achieving the City's strategic goals. City staff may serve as alternates to some outside agencies or as the City’s representative on the agency or subcommittee.

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution

2. Exhibit A - 2024 Outside agency assignments
Reviewed for Submission to the City Council by:

Packet Page 34

Item No. 8.D. Page 2 of 2
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 35
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE ANNUAL APPOINTMENTS TO LOCAL COMMITTEE
ASSIGNMENTS FOR JANUARY 1, 2024, TO DECEMBER 31, 2024
WHEREAS, annually, the Mayor considers City Council Member assignments to various commissions, boards, committees in special districts and organizations, joint powers authorities, and other agencies; and
WHEREAS, Mayor Oglesby considered the necessary annual appointments made recommendations for City Council member assignments to the various commissions, boards and committees in special districts and organizations, joint powers authorities and other agencies for January 1, 2024, to December 31, 2024; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside does hereby approve Mayor Oglesby’s recommendations for City Council Member assignments to various outside commissions, committees, and boards as listed in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 21st day of December 2023, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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SEASIDE CITY COUNCIL MEMBER LOCAL COMMITTEE ASSIGNMENTS January 1, 2024 – December 31, 2024
Item Committee Representative Alternate Date/Time

1. Seaside Groundwater Basin Watermaster Mayor Oglesby Mayor Pro Tem Pacheco 1st Wednesday, 2 p.m.

2. Monterey-Salinas
Transit District (MST) Mayor Pro Tem Pacheco Council Member GarciaArrazola 2nd Monday, 10 a.m.

3. Monterey One Water Council Member GarciaArrazola Mayor Oglesby Last Monday, 7 p.m.

4. North Salinas Mosquito Abatement District Mayor Oglesby Mayor Pro Tem Pacheco 2nd Tuesday, 12 noon

5. Seaside County Sanitation District Mayor Oglesby Mayor Pro Tem Pacheco 2nd Tuesday, 9:30 a.m.

6. Association of Monterey Bay Area
Governments (AMBAG) Council Member Miller Council Member Burks 2nd Wednesday, 7 p.m.

7. ReGen Monterey (Waste Management) Council Member GarciaArrazola Council Member Miller 3rd Friday, 9 a.m.

8. Monterey Peninsula Water Management
District (MPWMD):

Policy Advisory Committee
Current Mayor Mayor Pro Tem Called

9. Access Monterey Peninsula Board Council Member Burks Council Member Miller 3rd Monday at 5:00 p.m.

10. Community Human Services of Monterey
County JPA
Council Member GarciaArrazola Council Member Miller 3rd Thursday, 11:30 a.m.

11. Traffic Advisory Committee Mayor Pro Tem Pacheco Council Member Burks 3rd Tuesday, 5:00 p.m.

12. Transportation Agency of Monterey County
(TAMC) Mayor Oglesby Mayor Pro Tem Pacheco 4th Wednesday, 9 a.m.

13. Monterey Peninsula Unified School District
(MPUSD) & City of Seaside Trustees and City
Council Collaboration
Mayor Oglesby
Mayor Pro Tem Pacheco MPUSD Trustees Called

14. Laguna Grande Joint Powers Authority Mayor Pro Tem Pacheco Council Member Miller Called

15. California Joint Powers Insurance Group Council Member Miller Council Member Burks Called

16. Homeless Leadership Council Mayor Oglesby Council Member GarciaArrazola Called

17. Seaside Housing Non-Profit Cooperation Mayor & City Manager n/a TBD ATTEST: Per Resolution No. 23-XX ________________________________________ Dominique L. Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: December 21, 2023
SUBJECT: APPROVE CO-SPONSORSHIP AND FEE WAIVER FROM ACTION

COUNCIL - BUILDING HEALTHY COMMUNITIES FOR COSTS
ASSOCIATED WITH THE 2024 MARTIN LUTHER KING, JR.

MARCH AND PROGRAM

RECOMMENDATION
Approve a request from the Action Council - Building Healthy Communities for cosponsorship and fee waiver for the costs associated with the 2024 Martin Luther King Jr. March and Celebration on January 15, 2024, in the amount of $6,019.17.

BACKGROUND
For the last couple of decades, the Seaside Chapter of the Pan-Hellenic organized this event. For 2024 the Pan Hellenic Council has passed the torch to The Action Council - Building Healthy Communities, who will be the lead organizers for the annual march and post-march event honoring Martin Luther King, Jr. on Monday, January 15, 2024, from 8:00 a.m. to 6:00 p.m. This national holiday was established in 1986. The City of Seaside has co-sponsored the march and waived all fees and charges related to it since its inception.

The Action Council - Building healthy Communities is requesting a full fee waiver for costs associated with the 2024 march, including the use of the Oldemeyer Center auditorium and meeting rooms necessary for their post-march event. A Special Event Application was submitted for review by the Special Event Committee. The attached information details the specifics of this event.

FISCAL IMPACT
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Item No. 8.E. Page 2 of 2
Fees that would have been credited to the General Fund will not be collected if the fee waiver is granted.

The City’s adopted fee schedule includes the following approximate fees, which are applicable to this request:

Laguna Grande Combo 10 Hours @ $56.25 $ 562.50
Room Rentals (Bayonet, Blackhorse, Seaside & Seahorse) $ 444.00 Special Event Application Fee $ 110.00
Non-Refundable Portion Deposit $ 98.25
Insurance $ 122.00
Police Fees $ 357.00
Public Works Fees $4,325.42
TOTAL $6,019.17

ATTACHMENTS

1. MLK 2024 March Fee Waiver & Special Event Application

2. MLK March & Celebration - Map 2024

3. Temporary Street Closure Policy- MLK March & Celebration 2024

4. 501(c)(3) Information - Action Council - Building Healthy Communities Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: December 21, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING A PROFESSIONAL

SERVICES AGREEMENT WITH WHITSON ENGINEERS TO

PERFORM DESIGN AND DESIGN SERVICES DURING

CONSTRUCTION FOR THE SAN PABLO PEDESTRIAN BRIDGE

DEMOLITION AND RECONSTRUCTION PROJECT FOR AN
AMOUNT NOT TO EXCEED $556,000.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a professional services agreement with Whitson Engineers to perform design and design services during construction for the San Pablo Pedestrian Bridge Demolition and Reconstruction Project for an amount not to exceed $556,000.00.

BACKGROUND
The San Pablo Pedestrian Bridge, spanning San Pablo Avenue and connecting LincolnCunningham Park with Manzanita-Stuart Park, was assessed by a structural engineer in December 2022. The results of the assessment were presented to the City Council during the April 6, 2023 regular meeting. Significant structural problems were observed, and it was concluded that the bridge had exceeded its useful life, and required replacement due to safety issues. The entrances to the bridge have been barricaded, and detour signs posted since the assessment was performed in December 2022.

This project is included in the fiscal year 2023/24 budget and capital program. The project was intended to have a registered Structural Engineer design the demolition of the bridge and existing abutments, as well as design the replacement pedestrian bridge, and provide construction services during the project.

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Item No. 8.F. Page 2 of 2
Staff need the assistance of an engineering firm to perform design and construction phase services. The City requested a proposal from Whitson Engineers and their subcontractor Consor Engineering to: perform surveying and prepare plans, specifications, and cost estimate for the removal of the existing bridge; perform supplemental surveying as needed, perform a geotechnical investigation, design the foundations, abutments, and structure of the replacement pedestrian bridge, prepare the project's CEQA documents, participate in public outreach and presentations, prepare the site civil design, and prepare the project's Storm Water Control Plan; and provide construction phase services during the demolition of the existing structure. Staff have reviewed the proposal and find the scope and fee acceptable.

Staff recommend the City Council adopt a resolution (attachment 1) authorizing the City Manager to execute a professional services agreement (attachment 2) with Whitson Engineers to perform the previously mentioned services for the San Pablo Pedestrian Bridge Demolition and Reconstruction Project for an amount not to exceed $556,000.00 and amendments up to an additional $55,600.00 to the agreement for design and design services during construction.

FISCAL IMPACT
The San Pablo Pedestrian Bridge Demolition and Reconstruction Project is funded from the Capital Project account. no. 342-8910-9575 which has $750,000.00 available to date.

The professional services agreement with Whitson Engineers to perform design and design services during construction services for the Project is for an amount not to exceed of $556,000.00. A 10% contingency brings the total amount to perform the services to $611,600.00.

ATTACHMENTS

1. Resolution

2. Professional Services 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 A PROFESSIONAL SERVICES AGREEMENT WITH WHITSON

ENGINEERS TO PERFORM DESIGN AND DESIGN SERVICES DURING

CONSTRUCTION FOR THE SAN PABLO PEDESTRIAN BRIDGE DEMOLITION

AND RECONSTRUCTION PROJECT FOR AN AMOUNT NOT TO EXCEED
$556,000.00
WHEREAS, A structural assessment of the San Pablo Pedestrian Bridge was performed by a Structural Engineer in December of 2022; and WHEREAS, the assessment found that the San Pablo Pedestrian Bridge is in poor condition, and has exceeded its useful service life; and WHEREAS, the project is included in the fiscal year 2023/24 budget and capital program; and
WHEREAS, funds from the General Fund were allocated for this project in account no. 342-8910-9575 in the amount of $750,000.00; and
WHEREAS, the project includes the removal of the existing bridge structure, foundation, and abutments, as well as the design of the ADA compliant hillside pedestrian pathway, replacement bridge structure, foundation, and abutments; and WHEREAS, staff requested a proposal from Whitson Engineers to: perform surveying and prepare plans and specifications for the removal of the existing bridge; perform supplemental surveying as needed, perform a geotechnical investigation, design the foundations, abutments, and structure of the replacement pedestrian bridge, prepare the project's CEQA documents, participate in public outreach and presentations, prepare the site civil design, and prepare the project's Storm Water Control Plan; and provide construction phase services during the demolition of the existing structure; and WHEREAS, Whitson Engineers submitted a proposal to perform the aforementioned services for the San Pablo Pedestrian Bridge Demolition and Reconstruction Project in the amount of $556,000.00; and WHEREAS, Staff has determined the proposed scope of work and fee are reasonable and within the approved budget; and
WHEREAS, an amount of $55,600.00 contingency, 10% of the contract value, should be authorized on an as required basis; and
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NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Professional Services Agreement with Whitson Engineers to perform design and design services during construction for the San Pablo Pedestrian Bridge Demolition and Reconstruction Project for an amount not to exceed $556,000.00 and written amendments such that the total agreement does not exceed $611,600.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 21st day of December, 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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San Pablo Pedestrian Bridge Demolition and Reconstruction Project Rev. 1/18 Page 1 COS Design PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

SAN PABLO PEDESTRIAN BRIDGE DEMOLITION AND

RECONSTRUCTION
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and Whitson Engineers, a corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

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

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

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

5. PAYMENT
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(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed FIVE HUNDRED FIFTY SIX THOUSAND dollars ($556,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

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

Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

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

In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement.

Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary Packet Page 84
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computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

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

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

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

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

Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement.

No officer or employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as Packet Page 86
San Pablo Pedestrian Bridge Demolition and Reconstruction Project Rev. 1/18 Page 6 COS Design PSA
a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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

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

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

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or Packet Page 87
San Pablo Pedestrian Bridge Demolition and Reconstruction Project Rev. 1/18 Page 7 COS Design PSA
(iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: ___Whitson Engineers __
___6 Harris Court______ __
___Monterey, CA 93940 __

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

The consultant may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of _Nathaniel Milam, PE_ from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

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

19. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any Packet Page 88
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City of Seaside
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
Attachments: Exhibit A Scope of Work/Consultant Proposal Exhibit B Insurance Requirements
Exhibit C Request for Proposal – Engineering Services
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San Pablo Pedestrian Bridge Demolition and Reconstruction Exhibit A

EXHIBIT A

SCOPE OF WORK/CONSULTANT PROPOSAL
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2071.37 proposal.doc
December 4, 2023 Project No.: 2071.37
Patrick Grogan
City of Seaside, Public Works Engineering
440 Harcourt Ave.

Seaside, CA 93955
Via email: [email protected]
Re: San Pablo Pedestrian Overcrossing – Design Phase
Proposal for Land Surveying, Engineering and Environmental Services Dear Mr. Grogan:

Thank you for the opportunity to make this proposal. We understand that the City requests us to prepare Plans, Specifications and Estimate (PS&E) for two phases of work on the existing San Pablo Pedestrian Overcrossing bridge. Phase 1 would demolish the existing bridge and Phase 2 would construct the replacement bridge. We understand the bridge demolition is desired as soon as possible, while Phase 2 would occur once funding is allocated in the future.

We therefore propose the following scope of work:

SCOPE OF SERVICES
PHASE 1 DESIGN – BRIDGE DEMOLITION
Land Surveying

1. Expand previously obtained aerial mapping to include a portion of ManzanitaStewart Park, to encompass the walkway connections from the bridge to San Pablo Avenue and the park play area. Mapping will be at a scale of 1” = 20’ with a 1 foot contour interval, scattered spot elevations, and all visible plan features and utility covers. The mapping limits are shown in the attached Survey Limits exhibit.

2. Perform supplemental surveying as needed to support the design effort. We have included an allowance of 4 hours of field surveying for Phase 1.

Design Phase

3. Our subconsultant, Consor, will prepare Plans, Specifications and Estimate (PS&E) for bridge removal, as outlined in their proposal.

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San Pablo Pedestrian Overcrossing – Construction Documents t:\monterey projects\2071.37 san pablo bridge replacement\docs\_contract\pro\2071.37 proposal.doc Page | 2 PHASE 2 DESIGN – NEW BRIDGE
Land Surveying

1. Perform supplemental surveying as needed to support the design effort. We have included an allowance of 12 hours of field surveying for Phase 2.

Design Phase

2. Our subconsultant, Consor, will prepare Plans, Specifications and Estimate (PS&E) for the new bridge, abutments and foundation, as outlined in their proposal. The bridge structure is anticipated to be a prefabricated metal or wood bridge.

Consor’s bridge plan sheets are anticipated to include:

A. General Plan
B. Foundation Plan
C. Abutment Layout
D. Abutment Details
E. Typical Section
F. Miscellaneous Details
G. Log of Test Borings

3. Consor will also prepare, via its subconsultants, the project’s CEQA document (anticipated to be an IS/MND) and geotechnical report (Foundation Report).

4. Whitson Engineers will prepare the site civil design PS&E for the project. Whitson Engineers’ plan sheets are anticipated to include:

H. Title Sheet
I. Temporary Water Pollution Control Plan
J. Demolition Plan
K. Grading and Drainage Plan
L. Civil Site Details
M. Utility Plan

5. Whitson Engineers will prepare the project’s Storm Water Control Plan (SWCP) and Operation and Maintenance Plan (OMP) in the event Stormwater Control Measures (SCMs) are proposed.

6. Consor and Whitson Engineers will participate in Public Outreach activities with the city. We have budgeted for the following meetings, as outlined in Consor’s proposal:
a. Two public meetings (City Council & Architectural Review Board) b. One public information meeting at the project site
Assumptions

1. City will provide all available record drawings prior to the beginning of work.

2. Phase 1 work will demolish the bridge and foundation only; limited demolition of site improvements is anticipated in Phase 1.

3. No utility relocation design will be required, other than, potentially, on-site water and storm drains to accommodate Phase 2 work.

4. Phase 1 work not be subject to Stormwater Post Construction Requirements (PCRs).

Phase 2 is assumed to be subject to PCRs 1 and 2. Bioretention ponds are assumed to be implemented to mitigate runoff from the project’s impervious area.

5. No easements or other right of way acquisition will be required.

6. No public outreach is required during these phases of work; or if it is required, it will be provided by Others.

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December 4, 2023 | Job No. 2071.37
San Pablo Pedestrian Overcrossing – Construction Documents t:\monterey projects\2071.37 san pablo bridge replacement\docs\_contract\pro\2071.37 proposal.doc Page | 3

7. Other assumptions as listed in Consor’s proposal.

Exclusions
The following work is specifically excluded from the Engineer’s Scope of Services:

1. Attendance of public outreach meetings or city council or board meetings

2. Underground utility locating

3. Plan revisions to address excessive third party plan check comments or Constructability Review / Value Engineering comments.

4. Construction phase services

5. Other exclusions as listed in Consor’s proposal.

PAYMENT AND PROVISIONS:

Our estimated fees for the services described in the above Scope of Services are:

Phase 1 Design $69,000
Phase 1 Bid and Construction Support $19,000
Phase 2 65% Design $347,000
Phase 2 100% Design $105,000
Phase 2 Bid Support $16,000
Total $556,000
We additionally recommend a budget of $80,000 for construction phase design support for Phase 2. This budget is provided for project budgeting purposes only and is not included in our proposed contract amount above.

Progress billings will be on a Time and Materials basis as work is being completed, in accordance with the attached Rate Schedule. If this proposal is acceptable, please forward a contract for execution.

If you have any questions or need more information, please contact me at (831) 649- 5225.

Sincerely,
Nathaniel Milam, PE, QSD
Senior Civil Engineer
For Richard Weber PE, LS, QSD | Principal
RCE 55219, LS 8002, QSD 20534
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Limits of Expanded Aerial Survey
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San Pablo Pedestrian Overcrossing – Design Phase
Time and Materials Estimate
12/4/2023 NDM T43
Phase 1 - Bridge Demolition - Construction Documents
PE SCE SLS AE AE2 1P 2P
Rate: $ 250 $ 205 $ 205 $ 155 $ 135 $ 220 $ 370 Hours Cost 1 Expand Aerial Survey (subconsultant) 0 $ -
2 Supplemental Surveying 4 4 8 $ 1,700
3 Bridge Demolition PS&E (subconsultant) 0 $ -
-- Site Visit 4 4 $ 820
-- PDT Meetings (Allowance) 16 16 $ 3,280
-- Project Management, QA/QC 8 8 $ 1,640
Subtotal: 0 28 4 0 0 4 0 36 $ 7,440
Professional Personnel Estimate: $ 7,440
Subconsultant - Aerial Photomapping Services: $ 550
Subconsultant - Consor: $ 55,000
10% Administrative Fee: $ 5,555
Reimbursable Expenses Budget: $ 455
Total Estimate: $ 69,000
Phase 1 - Bridge Demolition - Bid and Construction Support PE SCE SLS AE AE2 1P 2P
Rate: $ 250 $ 205 $ 205 $ 155 $ 135 $ 220 $ 370 Hours Cost -- Bid and Construction Support (Allowance - Whitson) 0 $ 5,065 -- Bid and Construction Support (Allowance - Consor) 0 $ 12,668 Subtotal: 0 0 0 0 0 0 0 0 $ 17,733
10% Administrative Fee: $ 1,267
Total Estimate: $ 19,000
Phase 2 - New Bridge - Construction Documents
PE SCE SLS AE AE2 1P 2P
Rate: $ 250 $ 205 $ 205 $ 155 $ 135 $ 220 $ 370 Hours Cost 1 Supplemental Surveying 4 4 4 8 4 24 $ 5,500
2 Bridge PS&E (subconsultant) 0 $ -
3 CEQA Doc and Geotechnical Report (subconsultant) 0 $ - 4 Civil Site PS&E - Plans 40 160 200 $ 33,000
4 Civil Site PS&E - Specs 40 40 80 $ 14,400
4 Civil Site PS&E - Estimate 8 16 24 $ 4,120

5.1 Storm Water Control Plan (SWCP) 4 16 20 $ 3,300

5.2 Storm Water O&M Plan (OMP) 1 8 9 $ 1,445
6 Public Outreach 16 16 32 $ 5,760
-- Site Visit 4 4 8 $ 1,440
-- PDT Meetings (Allowance) 24 56 80 $ 13,600
-- Project Management, QA/QC 8 40 16 64 $ 12,680
Subtotal: 8 181 4 336 0 8 4 541 $ 95,245
Professional Personnel Estimate: $ 95,245
Professional Personnel Estimate (65% Design): $ 66,672
Professional Personnel Estimate (100% Design): $ 28,574 Subconsultant - Aerial Photomapping Services: $ -
Subconsultant - Consor: $ 323,982
Consor Estimate (65% Design): $ 254,692
Consor Estimate (100% Design): $ 69,290
10% Administrative Fee: $ 32,398
Reimbursable Expenses Budget: $ 375
Total Estimate: $ 452,000
Phase 2 - New Bridge - Bid Support
PE SCE SLS AE AE2 1P 2P
Rate: $ 250 $ 205 $ 205 $ 155 $ 135 $ 220 $ 370 Hours Cost -- Bid Support (Allowance - Whitson) 0 $ 9,235
-- Bid Support (Allowance - Consor) 0 $ 6,150
Subtotal: 0 0 0 0 0 0 0 0 $ 15,385
10% Administrative Fee: $ 615
Total Estimate: $ 16,000
Total Estimate: $556,000
Whitson Labor Subtotal $ 116,985
APS Subtotal $ 550
Consor Subtotal $ 397,800
10% Admin Fee Subtotal $ 39,835
Whitson Expenses Subtotal $ 830
Total $ 556,000
Totals
Totals
Totals
Totals
12/4/2023 Page 1 2071.37 Estimate.xls
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/rpw | feesch43-10 - mc project

HOURLY RATE SCHEDULE
Category Hourly Rate
Principal Engineer $ 250.00
Senior Civil Engineer $ 205.00
Senior Land Surveyor $ 205.00
Civil Engineer $ 185.00
Land Surveyor $ 185.00
Senior Associate Engineer / Surveyor $ 175.00
Associate Engineer / Surveyor $ 155.00
Assistant Engineer / Surveyor $ 135.00
Senior Engineering / Survey Technician $ 130.00
Engineering / Survey Technician $ 125.00
Administrative Support $ 75.00
Engineering Aide $ 70.00
Expert Witness / Court Hearing $ 325.00
Field Surveying*
One Person Survey Crew (Prevailing Wage) $ 220.00
Two Person Survey Crew (Prevailing Wage) $ 370.00
Reimbursables
Professional Services by Others Cost Plus 10%
In-House Large Format Plotting / Copies (Black & White) $0.54 / S.F.

In-House Plots, Prints, Copies (Color/Special Media) Rates vary, available upon request In-House Prints / Copies (Black & White) $0.10/sheet for 8.5x11, $0.54/sheet for 11x17 Materials, Postage, Reproduction, Telephone Cost Plus 15% Mileage Per Current Federal Rate
*Survey Crew rates are Prevailing Wage #43
Rates effective January 1, 2023
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10a1 10117 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
916.368.9181
www.consoreng.com
December 3, 2023
Mr. Nathaniel Milam
Senior Civil Engineer
Whitson Engineers
6 Harris Court
Monterey, CA 93940
RE: Scope of Work and Cost Proposal for
Cunningham Park POC Bridge Replacement Project
Dear Mr. Milam,
Consor North America, Inc (Consor) Consor North America, Inc (Consor) is pleased to provide you with the requested scope and fee estimate for engineering services related to the Cunningham Park Pedestrian Bridge in the City of Seaside.

Whitson Engineers requested Consor develop a scope and fee for the removal of the existing pedestrian overcrossing and the design of a new replacement pedestrian overcrossing to be construction in the same location as the existing structure. A recent inspection conducted by Consor determined that the existing bridge is in poor condition and should remain closed to pedestrian and bicycle traffic, with the intent to remove and replace the bridge as soon as possible.

Consor will provide the engineering services as provided in the attached scope of work for a not to exceed amount of $397,800.

It is anticipated these services will be administered through a new subcontract with Whitson Engineers. A detailed scope of work and proposed cost breakdown is enclosed.

Additionally, we understand that the scope and fee for providing construction support of the new bridge will be developed later once the 100% PS&E Is complete. For budgeting purposes, we recommend a preliminary budget of $40,000 for providing construction support.

Should you have any questions or concerns, please feel free to contact me at your convenience.

Sincerely,
Consor North America
Scott McCauley, PE Project Manager
530-400-2946 | [email protected]
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10a1 10117 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
916.368.9181
www.consoreng.com

SCOPE OF WORK
Consor North America, Inc (Consor) provides the following Scope of Services and attached Fee (Exhibit – A) to provide Preliminary and Final Engineering Services in support of Whitson Engineering's (Whitson) work to replace the Cunningham Park Pedestrian Overcrossing bridge with the City of Seaside (City). The scope of work provided below includes effort to develop PS&E for the removal of the existing superstructure and development of the plans, specification, and construction cost estimate of a new replacement pedestrian bridge. It is understood that scope of work and associated fee for construction support services will be developed after final PS&E is delivered for the new bridge. Below is a list of itemized tasks that includes anticipated scope and deliverables.

TASK 1 – PROJECT MANAGEMENT
Task 1.1 - Project Management and Coordination
Consor will coordinate with Whitson, the City, and the environmental and geotechnical subconsultants to ensure the project stays on track. Consor will provide monthly invoices and project status reports to communicate progress.

Task 1.2 - Project Development Team Meetings
Consor will lead a teleconference kick-off meeting with the City, Whitson, and subconsultants to review and clarify the Scope of Work. Consor's Project Manager and Project Engineer will be present at the meeting.

Consor will attend monthly project team videoconference meetings with Whitson and other project team members to discuss project status and development. Sixteen (16) one- hour teleconference meetings have been assumed.

TASK 2 - UTILITY COORDINATION
It is mutually understood that Whitson will provide necessary survey services to identify utility locations.

Task 2.1 – Utility Coordination
Consor will provide communication and coordination with PG&E and other utility companies during the preliminary and final design process. Consor will coordinate with Whitson to determine which existing utilities are in conflict for the project based on the information obtained from the various affected utilities and the surveys.

Consor will follow the Caltrans utility relocation process and develop "B" letters, Notice to Owner (NTO) letters (“C” letters), and Reports of Investigations (ROI). Communications with utility owners will be documented in a correspondence log. Utilities identified will be shown on the plans and will serve as the basis for the utilities present at the site that are in potential conflict during construction. For this task, it is assumed the City will provide all previous utility correspondence including conflict maps previously obtained for the project. A total of 60 hours has been assumed for this task.

TASK 3 - BRIDGE REMOVAL PS&E
Consor will develop demolition plans and specifications for traffic control and the removal of the existing bridge superstructure. For this task, It is assumed the existing abutments will remain until the new bridge is constructed.

Task 3.1 – Bridge Removal Plans
Task 1 Products:
• Monthly invoices and Progress
Reports
• Project Kick-off Meeting
• Sixteen (16) 1-hour teleconference
meetings
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10a1 10117 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
916.368.9181
www.consoreng.com
Consor will prepare draft bridge removal plans using Civil 3D and Consor drafting standards. The following plan sheets are anticipated; the actual number of sheets may vary.
• Title Sheet
• Bridge Removal Plan
• Traffic Control Plan
Task 3.2 – Bridge Removal Technical Specifications
Project technical specifications will be developed based on Caltrans 2022 Standard Specifications and Standard Plans. Consor will produce the technical special provisions based on Caltrans “Standard Special Provisions” (SSP) templates. Consor will develop applicable technical specifications for the bridge removal specific items of work. A full Project Specification Package including Notice to Bidders, bid book, City specific Special Provisions based on City “Boiler Plates” and Caltrans Revised Standard Specifications is assumed to be developed by the City or others.

Task 3.3 – Bridge Removal Cost Estimate
Consor will develop an engineer’s opinion of probable construction costs for the bridge demolition and removal. Costs will be developed based on approximate square footage estimates and include appropriate contingency factors.

Task 3.4 – Draft Bridge Removal PS&E
Consor will compile the draft repair plans, draft technical specifications, and draft cost estimate and submit to the City for review and comment. Plans will be submitted in scalable full size pdf format. Draft technical specifications will be submitted in Microsoft word format. The cost estimate will be submitted in 8.5x11 pdf format.

Task 3.5 – Quality Control and Quality Assurance
As an integral part of the Consor QA/QC Program, a senior level engineer will review the draft plans, special provisions, and cost estimate for uniformity, compatibility, and constructability as well as conformance with the federal/state program requirements. For this task, it is assumed that the City will provide the draft project specification package and any other necessary documents or plans for the QAQC review.

Task 3.6 – Final Bridge Removal PS&E
Upon receiving City comments and the QAQC comments on the Draft PS&E, Consor will incorporate any necessary changes. Consor will submit the final PS&E package consisting of the final signed project plans, technical specifications, and cost estimate.

TASK 4 – ENVIRONMENTAL CEQA DOCUMENT
Task 4.1 – CEQA Document for Existing Bridge Demolition and Removal (City) For the Bridge Demolition and Removal, it is mutually understood that the City will prepare and submit the necessary documentation to obtain CEQA clearance for the demolition. It is assumed the bridge and demolition project will be classified as Categorically Exempt from CEQA.

Task 4.2 – CEQA Document for New Bridge (SWCA)
It is mutually understood that the effort performed in this task will be done by SWCA, a subconsultant. Consor will assist SWCA in preparing necessary plans and quantities needed for the document.

Task 3 Products:
• Draft & Final Plans (pdf)
• Draft & Final Technical Special
Provisions (word doc)
• Draft & Final Cost Estimate (pdf)
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10a1 10117 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
916.368.9181
www.consoreng.com
Based on SWCA’s knowledge of the proposed project, it is assumed that an Initial Study (IS) leading to a Mitigated Negative Declaration (MND) will likely be the appropriate CEQA document. SWCA will prepare the IS/MND using the City’s preferred format as the lead agency. It is also understood that the City will be responsible for the public noticing and attendance at any public hearing. SWCA will be responsible for publishing the environmental documents and any document revisions after public review, preparation of the final MND. In the unlikely event that it should become apparent during environmental evaluation that an Environmental Impact Report (EIR) is needed, the City will be immediately notified for appropriate action.

TASK 5 – BRIDGE REMOVAL BID ASSISTANCE AND CONSTRUCTION SUPPORT Task 5.1 – Bid Assistance for Bridge Removal
Consor will be available during the bid period to interpret the plans and specifications, prepare addenda if needed, and provide general consultation to the City to obtain bids. When the construction bids are opened, Consor will be available to provide analysis and recommendations concerning award of the contract. Consor will attend (1) pre-construction meeting via conference call.

Task 5.2 – Construction Support for Bridge Removal
Consor will respond to Requests for Information from the contractor. Consor will be available to support the Construction Management Team and will provide comments to the RE for inclusion in their review prior to submitting back to the Contractor. If clarification is needed for authorization further coordination can be provided. Consor will review and comment on submittals until authorized.

TASK 6 - PRELIMINARY DESIGN FOR NEW BRIDGE
Consor will work with Whitson and project subconsultants to layout the pedestrian bridge and confirm the project’s preliminary findings.

Task 6.1 – Site Visit
A site visit will be conducted to observe the current condition of the bridge site and identify key features (utilities, existing infrastructure etc.). The site visit will be attended by the Project Manager, Project Engineer, and Design Engineer who will be involved with the development of structure plans.

Task 6.2 – Preliminary Engineering
Consor will prepare an Advanced Planning Study (APS) for the proposed crossing. The bridge will be a single span supported on concrete abutments. We understand the City prefers the new superstructure to be a prefabricated steel truss bridge (Contech or similar style bridge). Consor will prepare an Advance Planning Study (APS) sheet for up to (2) two alternatives utilizing AutoCAD Civil 3D and Consor Drafting Standards. The APS will show the preliminary bridge layout, one elevation, one plan view of the bridge and two typical sections. Consor will coordinate with prefabricated bridge manufacturers to obtain preliminary costs for each option. It is anticipated that the geotechnical consultant will provide recommendations for the foundations based on loading provided by Consor and the prefabricated bridge manufacturers.

Task 6.3 - Type Selection Report Memorandum
Task 4.2 Products:
• Draft & Final ISMND (pdf)
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10a1 10117 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
916.368.9181
www.consoreng.com
Preliminary Engineering will culminate with the development of a Type Selection Memorandum (TS Memo) that will summarize the findings of the evaluation and present a recommendation for the most appropriate bridge type. The TS Memo will briefly summarize how each alternative is impacted by the bridge layout, geotechnical conditions, trail alignment, trail profile, environmental constraints, aesthetics, seismic impacts, constructability, and cost as well as Consor's recommendation on the preferred alternative. The TS Memo will include the APS drawing and general plan level cost estimates as attachments.

Consor will submit the TS Memo to Whitson and the City for review and comment. A videoconference meeting with the City will be held to discuss the comments and potential responses. Once comments have been addressed, Consor will submit the TS Memo to the City for approval. Once approved, the TS memo will serve to document the decision-making process and serve as the basis for final design.

Task 6.4 - Public Outreach
Consor will attend up to (2) two City Council meetings to present and discuss the two bridge alternatives evaluated in Task 2.

Attendance for this meeting is assumed to be done by videoconference. Prior to the meetings, Consor will prepare a slide deck in Microsoft PowerPoint to assist in the presentation.

Consor will also attend a public information meeting at the bridge location. It is assumed the City will host the meeting, including sending out advanced notices to the public and moderating the meeting. Consor will assist the City with presenting the bridge alternatives and answering questions raised by the public in attendance.

Scope for this task assumes the following:
• The new bridge alternatives will be single span, 95’ x 14’ prefabricated bridge on CIP concrete abutments and will be along the same alignment as existing bridge
TASK 7 – GEOTECHNICAL ENGINEERING
It is mutually understood that the effort performed in this task will be done by Crawford & Associates (Crawford), a subconsultant.

Task 7.1 -Project Design Team Meetings and Management
Crawford will provide project management and allowance for a Senior Project Manager to attend the kick-off meeting and up to three Project Design Team meetings (via video conference or telephone) to address geotechnical design elements of the project.

Task 7.2 - Foundation Report
Task 7.2.1 - Coordination, Obtain Permits and Mark for USA For this task Crawford will:
• Determine exploration locations, determine site access, and mark our exploration locations for USA North 811; and • Obtain a Monterey County Health Department Permit for our borings; and • Obtain a City of Seaside Encroachment Permit (permit fee and bond requirements waived).

Task 7.2.2 - Subsurface Exploration
Crawford will drill, log, and sample two borings (one at/near each abutment) to depths ranging from 55 to 85 feet deep to characterize the subsurface foundation conditions for the bridge structure. Site access to each abutment appears readily Task 6 Products:
• Draft & Final TS Memo (pdf)
• 2 APS Bridge Drawings (pdf)
• 1 APS Retaining Wall Drawing (pdf)
• 1 Aesthetics Exhibit Drawing (pdf)
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10a1 10117 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
916.368.9181
www.consoreng.com
available for a drill rig. Field exploration is expected to not require temporary detours for pedestrians as the bridge is currently closed.

Additionally, Crawford will supplement the sampled boring data with shallow soil probes along the existing retaining walls at the toe of the abutments to help correlate near-surface soils and evaluate foundation support conditions.

The drilling contractor will advance borings with a rubber-tired, truck or track mounted drill rig using 6 to 8-inch-diameter hollow, solid stem augers, and/or rotary wash methods. Standard Penetration Testing (SPT) and California Modified sampling will be performed within borings to obtain samples and blow count information. A Crawford engineer/geologist will direct the sampling and log the borings consistent with current Caltrans procedures/requirements. At a minimum, we will sample at 5- foot intervals. We will deliver the samples to the laboratory for strength and classification testing. Surface and groundwater conditions will be noted where encountered. Traffic control will consist of placing a Should Work Ahead signs and safety cones at each end of the bridge path. The borings will be backfilled per County requirements.

Task 7.2.3 - Laboratory Testing
Crawford will complete the following laboratory tests on bulk and relatively undisturbed samples obtained from the exploratory borings (as appropriate):
• Moisture Content and Unit Weight for bearing capacity and lateral capacity; • Unconfined Compression and/or Direct Shear testing, for bearing resistance and lateral capacity; • Sieve Analysis and Plasticity Index for soil classification; • Resistivity, pH, Sulfate Content, and Chloride Content for soil corrosivity analysis; and • Resistance Value (R-value) for pavement design (if needed).

Task 7.2.4 - Engineering Evaluation and Analysis
Crawford will perform engineering evaluation and analysis (using computer software where applicable) for the following:
bearing resistance; lateral capacity; site seismicity including procedures consistent with current Caltrans Seismic Design Criteria to determine the site acceleration response spectrum (ARS); lateral earth pressures and coefficient of friction to resist sliding; liquefaction potential and downdrag; retaining wall bearing capacity, settlement, minimum installation depth; flexible and rigid pavements; and soil corrosivity.

Task 7.2.5 - Foundation Report
Crawford will prepare a Foundation Report (FR) for the bridge structure (consistent with current Caltrans guidelines/format) for review and comment by the design team. The report will provide a site/project description, summarize site geology, subsurface exploration and field and laboratory soil tests, and include a “Log of Test Borings” (LOTB) drawing. Earth materials and foundation conditions will be discussed including seismic criteria and the design ARS curve. The report will discuss structure foundation conditions/constraints, recommended type, loading of bridge foundation elements, retaining wall foundation recommendations, and include construction considerations. The report will also include/address approach roadway site preparation and grading.

Following receipt of all Draft FR review comments, Crawford will prepare and submit a Final FR incorporating the comments as necessary. The FR will be submitted electronically as a PDF file.

Task 7.3 - Lead and Asbestos Testing
To perform the environmental screening outlined above, Crawford will perform the following tasks:
• Soil Sample Collection: Soil samples will be collected from four locations adjacent to the corners of the bridge, two locations adjacent to the southern abutment and two locations adjacent to the northern abutment. At each sample Task 7.2 Products:
• Draft & Final Foundation Report
(pdf)
• LOTB drawing (pdf)
Packet Page 103
10a1 10117 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
916.368.9181
www.consoreng.com
location grab soil samples will be collected from 0 to 6 inches, 12 to 18 inches, and 24 to 30 inches below ground surface. Soil samples will be collected using a hand auger; power equipment will not be used to collect the soil samples. Sampling equipment will be cleaned between each sample location using a weak detergent solution, and then rinsed with clean, potable water. Cleaning and rinse water will be disposed of at the site, away from drain inlets, waterways, and environmentally sensitive areas. Following sample collection, the borings will be backfilled with adjacent native material to return the borings to original grade. Soil samples will be placed in clean containers supplied by the laboratory. The samples will be labeled with a unique identifying name, entered onto a chain-ofcustody, and transported to an ELAP-accredited laboratory for analysis. • Soil Sample Analysis: All 12 soil samples will be analyzed for total lead using EPA Method 6010. Samples with lead concentrations ≥50 milligrams/kilogram will be further analyzed for soluble lead (using both the WET and TCLP methods); for budgeting purposes we assume 30% (4 samples) will require the additional soluble lead analyses. One sample from each abutment will be analyzed for pH (EPA Method 9045). • Crawford will contract with National Analytical Laboratories, Inc. (NAL) to inspect the bridge for asbestos and ACCM.

NAL will also screen the bridge paint system for lead- based paint. • Memorandum: The memorandum will include, but not necessarily be limited to, the following:
o Description of the sample collection methodology;
o Tables summarizing the analytical results;
o Map showing the sample collection locations;
o Findings and Conclusions: comparison of analytical results to hazardous waste limits and a summary of potential impacts to the project; and
o Recommendations for additional assessment, if warranted by the findings.

Task 7.4 -Plan Review and Consultation
Crawford will provide consultation on geotechnical topics and perform a geotechnical review of the preliminary plans (30% or 90%) and final (100%) plans/specifications and provide comments to the design team.

Crawford assumes the following:
• No contaminated soil or groundwater issues are present that would require containment of the geotechnical drill cuttings; drill cuttings will be spread on-site.
• The explorations will be backfilled per the environmental health permit. • Access and/or rights-of-entry will be provided to private properties (if needed). • Permits other than the City encroachment permit and County boring permit will not be required. • The City will issue a no-fee encroachment permit.
• The report will not be subject to Caltrans review process and our scope does not include responses to Caltrans comments.
• A borrow site evaluation is not included.

TASK 8 - 65% DESIGN
Task 8.1 - Bridge Design
The bridge substructure design will be done by a licensed engineer in accordance with Load Resistance Factor Design following AASHTO’s “LRFD Guide Specifications for the Design of Pedestrian Bridges” Dated December 2009 with 2015 Interim Revisions supplemented by “LRFD Bridge Specifications” 8th Edition with the California Amendments (AASHTO LRFD Bridge Design Task 7.3 Products:
• Draft & Final Lead & Asbestos
Memorandum (pdf)
Packet Page 104
10a1 10117 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
916.368.9181
www.consoreng.com
Specifications). For seismic design, Caltrans “Seismic Design Criteria (Version 2.0)” will be followed. Other references that Consor will follow are Caltrans Division of Structures “Bridge Memo to Designers”, “Bridge Design Memos”, “Structure Technical Policies”, “Bridge Design Aids”, and “Bridge Design Details”.

Consor will coordinate with Whitson to finalize horizontal alignment and vertical profile. Consor will design bridge supports based on design loadings from the superstructure manufacturer and geotechnical recommendations. It is assumed that liquefaction and lateral spreading considerations will not be required for design. If the project geotechnical engineer identifies liquefaction and lateral spreading to be a design consideration, scope and fee will need to be revisited.

Consor will coordinate with the superstructure manufacturer to obtain updated loadings, support connection details, fabrication lead time, and costs.

Scope for this task assumes the following:
• The new bridge will be a single span, 95’ x 14’ prefabricated steel truss bridge on CIP concrete abutments and will be along the same horizontal alignment as existing bridge
• Superstructure Technical Specifications will be provided by the superstructure manufacturer. • The superstructure will be a prefabricated system designed by others and furnished to the City by the Contractor. • No additional architectural details will be required or included In the design. If the City desires to Include architectural features, this scope and effort will need to be revised Task 8.2 - 65% Plans (Unchecked Details)
Consor will prepare 65% plan sheets (unchecked details) using Civil 3D and Consor drafting standards. The following plan sheets are anticipated; the actual number of sheets may vary. • General Plan
• Foundation Plan
• Abutment Layout
• Abutment Details
• Typical Section
• Miscellaneous Details
• Log of Test Borings
Task 8.3 - 65% Estimate
Consor will prepare a detailed Construction Cost Estimate for the bridge related items. The estimate will be done in a Microsoft Excel spreadsheet format and comprised of unit prices placed on quantities based on the 65% plans. Construction costs for the estimate will be developed using current bid results from similar projects, Caltrans database information along with prices from Caltrans’ latest Construction Cost Manual.

Task 8.4 - 65% Submittal
Consor will submit the 65% structures plans and 65% Construction Cost estimate to Whitson and the City for review. Plans will be submitted in scalable full size pdf format; construction cost estimate will be submitted in 8.5x11 pdf format.

Task 8 Products:
• 65% Plans (pdf)
• 65% Estimate (pdf)
Packet Page 105
10a1 10117 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
916.368.9181
www.consoreng.com
TASK 9 – FINAL PS&E
Task 9.1 - Respond to 65% Submittal Comments
Consor will address all City comments from the 65% submittal. Comments will be addressed using a response to comment matrix form or on the marked- up pdf set of plans.

Task 9.2 – Independent Design Check
After implementation of comments on the 65% submittal Consor will perform an independent check of the bridge by an inhouse engineer that has not been previously involved in the design. The independent check will consist of a verification of the design by performing independent calculations and a plan review of the 65% plans. Based on comments made by the independent checker and agreement to revisions by the checker and designer, the plans will be revised.

Task 9.3 - Draft Technical Special Provisions
Project technical specifications will be developed based on Caltrans 2022 Standard Specifications and Standard Plans. Consor will produce the technical special provisions based on Caltrans “Standard Special Provisions” (SSP) templates. Consor will develop applicable technical specifications for the bridge removal specific items of work. We have anticipated that Whitson will incorporate the structures technical special provisions into the overall project special provisions. A full Project Specification Package including Notice to Bidders, bid book, City specific Special Provisions based on City “Boiler Plates” and Caltrans Revised Standard Specifications is assumed to be developed by Whitson.

Task 9.4 - 95% Construction Cost Estimate
Consor will prepare the 95% Construction Cost Estimate for the bridge related items. The estimate will be comprised of unit prices placed on detailed quantity and check quantity calculations based on the revised plans. Construction costs for the estimates will be developed using current bid results from similar projects, Caltrans database information along with prices from Caltrans’ latest Construction Cost Manual.

Task 9.5 – Quality Control/Quality Assurance
As an integral part of the Consor QA/QC Program, a senior level engineer will review the entire Draft PS&E package for uniformity, compatibility, and constructability as well as conformance with the federal program requirements. The review will include comparing each plan sheet for conflicts or inconsistencies, and to ensure that the final design is in accordance with all environmental permit requirements and geotechnical recommendations. The specifications and estimate will be reviewed for consistency with the plans, and to ensure that each construction item has been covered. For this task, It is assumed that the City will provide the draft project specification package and any other necessary documents or plans for the QAQC review.

It is also assumed that Whitson will provide their civil plans for this QAQC review.

Task 9.6 - Draft PS&E Submittal
After an independent Senior Engineer conducts a QA/QC and constructability review, and comments on 65% plans have been incorporated, the Draft PS&E package will be submitted to Whitson and the City for review. Plans will be submitted in a scalable full size pdf format. Technical specifications will be submitted in Microsoft word format. The cost estimate, quantities, and design and check calculations will be submitted in 8.5x11 pdf format.

Response to City Comments on the 65% Submittal will also be included.

Task 9.7 - Final PS&E Submittal
After receiving comments from the QA/QC reviewer, Whitson, and the City, Consor will implement the necessary changes. Consor will submit the Final PS&E package consisting of the final signed plans, structure related special provisions, and Task 9 Products:
• Draft & Final Plans (pdf)
• Draft & Final Special Provisions
(word doc)
• Draft & Final Estimate (pdf)
• Quantity calculations (pdf)
• Design & Check calculations
(pdf)
• Response to City Comments
(pdf)
Packet Page 106
10a1 10117 Cobblerock Drive, Suite 100
Rancho Cordova, CA 95670
916.368.9181
www.consoreng.com
construction cost estimate for the bridge. All plans will be signed by the civil engineer (registered in the State of California) in responsible charge of the design. Response to City comments from the Draft PS&E Submittal will also be included.

TASK 10 – BID ASSISTANCE FOR NEW BRIDGE
The individuals that were directly involved in the design will be available during the bid period to interpret the plans and specifications, prepare addenda if needed, and provide general consultation to the City to obtain bids. When the construction bids are opened, Consor will be available to provide analysis and recommendations concerning the award of the contract.

Consor will attend (1) pre-construction meeting via conference call.

This scope of work is based on the following assumptions:
• Survey scope is not included in Consor's scope of work. It is assumed that Whitson will provide surveying services required. It is anticipated that field surveys will be required to identify utility locations and elevations. • A full Project Specification Package including Notice to Bidders, bid book, City specific Special Provisions based on City “Boiler Plates” and Caltrans Revised Standard Specifications is assumed to be developed by the City or others.

This package will be made available for Consor's QAQC review. • San Pablo Avenue can be closed at night for bridge removal • The City will provide public noticing for necessary road closures and detours • The existing abutments will remain until the new bridge is constructed. • Only 1 CEQA document will be required and prepared. Additional addendum to the CEQA would require additional scope and cost.
• Whitson will provide necessary topographic and boundary survey including utilities • Whitson will provide the civil design drawings including the new horizontal and vertical alignment of pedestrian trail on the site and the approach pathway design leading up to the bridge • Whitson will provide plans necessary for erosion control, stormwater drainage, and ADA requirements • Consor will be provided an AutoCAD Civil 3D file containing topographic mapping (including man-made structures) in the vicinity of the bridge.
• This scope does not include the cost of fees or time for obtaining any necessary permits. The City will obtain necessary permits.
• Consor has assumed no Right of Way coordination or utility relocation will be required. In the event that Right of Way is required, an amendment will be required to the original scope of work.

Packet Page 107
Cost Proposal
Project Number: Project Number
Task No.

TASKS
Principal EngineerPrincipal EngineerSenior EngineerProfessional EngineerProfessional EngineerCAD TechnicianSenior CAD DesignerPrincipal EngineerSenior CAD DesignerCAD TechnicianSenior EngineerProject AccountantStudent InternEngineering Designer Quincy Total Hours
Total Labor Dollars
Labor Dollars + Escalation
Task Cost
Task Hours
SWCA

CRAWFORD
Subconsultant Subtotal
SAM GRY JCC GLK AKJ PSK DCP PriEn CADm CADt SeEn AdAs StIn EnDe No. Initial Hourly Rate $330.00 $330.00 $290.00 $210.00 $210.00 $135.00 $185.00 $330.00 $185.00 $0.00 $290.00 $120.00 $75.00 $150.00 Key Personnel No No No No No No No No No No No No No No Prevailing Wage No No No No No No No No No No No No No No 0 $0 $0 $0

1.0 PROJECT MANAGEMENT 0 $0 $0 $51,291.27 176 $0

1.1 Project Management &
Coordination 80 16 4 100 $30,240 $30,996 $0

1.2 Project PDT Meetings 32 44 76 $19,800 $20,295 $0

2.0 UTILITY COORDINATION 0 $0 $0 $12,177.06 60 $0

2.1 Utility Coordination 8 24 28 60 $11,880 $12,177 $0

3.0 BRIDGE REMOVAL PS&E 0 $0 $0 $30,555.41 158 $0

3.1 Plans 24 30 16 70 $11,490 $11,777 $0

3.2 Technical Specifications 12 12 $2,520 $2,583 $0

3.3 Cost Estimate 4 8 12 $2,040 $2,091 $0

3.4 Draft PS&E 4 4 8 4 20 $3,840 $3,936 $0

3.5 QAQC 16 4 4 24 $6,080 $6,232 $0

3.6 Final PS&E 4 4 8 4 20 $3,840 $3,936 $0

4.0 ENVIRONMENTAL COORDINATION 0 $0 $0 $ 4,305.02 20 $0

4.1 CEQA Document for Existing
Bridge Demolition and Removal
(City) 0 $0 $0 $0

4.2 CEQA Document for New Bridge
(SWCA) 4 8 8 20 $4,200 $4,305 $15,000 $15,000

5.0 BRIDGE REMOVAL BID ASSISTANCE
AND CONSTRUCTION SUPPORT 0 $0 $0 $12,669.07 52 $0

5.1 Bid Assistance for Bridge Removal 8 16 24 $6,000 $6,150 $0

5.2 Construction Support for Bridge
Removal 4 24 28 $6,360 $6,519 $0

6.0 PRELIMINARY DESIGN FOR NEW
BRIDGE 0 $0 $0 $59,183.82 288 $0

6.1 Site Visit 8 8 8 24 $5,520 $5,658 $0

6.2 Preliminary Engineering 24 48 4 24 100 $15,860 $16,257 $0

6.3 Type Selection Memo 4 40 40 84 $15,720 $16,113 $0

6.4 Public Outreach 32 48 80 $20,640 $21,156 $0

7.0 GEOTECHNICAL ENGINEERING 8 8 $1,200 $1,230 $ 7,380.04 32 $0

7.1 Project Design Team Meetings and
Mangement 0 $0 $0 $3,934 $3,934

7.2 Foundation Report 4 8 12 $3,000 $3,075 $49,866 $49,866

7.3 Lead Asbestos & Testing 4 8 12 $3,000 $3,075 $9,609 $9,609

7.4 Plan Review and Consultation 0 $0 $0 $4,050 $4,050

8.0 65% DESIGN 0 $0 $0 $60,721.32 358 $0

8.1 Bridge Design 24 90 114 $18,540 $19,004 $0

8.2 65% Plans 4 24 96 24 4 40 192 $30,500 $31,263 $0

8.3 65% Estimate 8 16 24 $5,040 $5,166 $0

8.4 65% Submittal 4 8 16 28 $5,160 $5,289 $0

9.0 FINAL PS&E 0 $0 $0 $69,290.37 294 $0

9.1 Respond to 65% Comments 8 12 20 $3,480 $3,567 $0

9.2 Independent Design Check 80 8 16 20 124 $30,040 $30,791 $0

9.3 Technical Special Provisions 4 4 24 32 $9,120 $9,348 $0

9.4 Cost Estimate 8 8 24 40 $6,960 $7,134 $0

9.5 QAQC 24 4 8 8 44 $11,040 $11,316 $0

9.6 Draft PS&E Submittal 4 8 8 20 $4,080 $4,182 $0

9.7 Final PS&E Submittal 2 8 4 14 $2,880 $2,952 $0

10.0 BID ASSISTANCE FOR NEW BRIDGE 8 16 24 $6,000 $6,150 $ 6,150.03 24 0 $0 $0
0 $0 $0
0 $0 $0 $0
Subtotal - Hours 222 24 96 448 24 242 24 0 8 0 24 4 0 346 1462 $306,070.00 $313,723.42 1462 0 Anticipated Salary Increases $7,653.42
Other Direct Costs $ 1,618.18 0
Total Cost $73,260 $7,920 $27,840 $94,080 $5,040 $32,670 $4,440 $0 $1,480 $0 $6,960 $480 $0 $51,900 $306,070 $315,342 $15,000 $67,458 $82,458 Project Name: Cunningham Park POC - PS&E
Seaside Agreed Rate Template Cost and Budget Sheet May 2023 - All Phases_R1 Project 1 Hrs 12/3/2023 Packet Page 108

EXHIBIT
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Date 9/1/2023

DIRECT LABOR
Classification/Title Initials Agreed
Hourly Rate Total
Principal Engineer SAM $ 330.00 $ 73,260.00
Principal Engineer GRY $ 330.00 $ 7,920.00
Senior Engineer JCC $ 290.00 $ 27,840.00
Professional Engineer GLK $ 210.00 $ 94,080.00
Professional Engineer AKJ $ 210.00 $ 5,040.00
CAD Technician PSK $ 135.00 $ 32,670.00
Senior CAD Designer DCP $ 185.00 $ 4,440.00
Principal Engineer PriEn $ 330.00 $ -
Senior CAD Designer CADm $ 185.00 $ 1,480.00
CAD Technician CADt $ - $ -
Senior Engineer SeEn $ 290.00 $ 6,960.00
Project Accountant AdAs $ 120.00 $ 480.00
Student Intern StIn $ 75.00 $ -
Engineering Designer EnDe $ 150.00 $ 51,900.00
0 $ - $ -
0 $ - $ -
0 $ - $ -
0 $ - $ -
0 $ - $ -
0 $ - $ -
0 $ - $ -
0 $ - $ -
0 $ - $ -
0 $ - $ -
0 $ - $ -

LABOR COSTS
a) Subtotal Direct Labor Costs $ 306,070.00
b) Anticipated Salary Increases (see page 2 for calculation) $ 7,653.42 c) Total Direct Labor Costs [(a) + (b)] $ 313,723.42
0 0
0 0
0 0
0 0
0 Exhibit 10-H1 Cost Proposal Page 1 of 3
Cost-Plus-Fixed Fee or lump sum or Firm Fixed Price contracts (Design, Engineering and Environmental Studies)
Project Number
Quincy Engineering, Inc.

Contract No. Contract No
Name
McCauley, Scott
Student Intern
Hours
222
0 0
Engineering Designer
Project Accountant
Poglase, Craig
Principal Engineer
Senior CAD Designer
CAD Technician
Senior Engineer
0 24
Johnson, Anna
Kenny, Patrick
24 242
24 0
8 24
96 448
4 0
346
Young, Gregory
Cruz, Juan
Keating, Gavin
Prime Consultant Subconsultant 2nd Tier Subconsultant
January 2020
Packet Page 109

EXHIBIT
Cost Proposal
l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Total
1600 Miles $ 1,000.000
Day $ -
EA $ -
EA $ -
$ -
EA $ -
EA $ -
EA $ -
4 EA $ 600.000
EA $ -
EA $ -
1 $ 18.180
$ 1,618.18
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) 0 $ -
SWCA $ 15,000.00
CRAWFORD $ 67,458.40
0 $ -
0 $ -
0 $ -
0 $ -
0 $ -
0 $ -
m) TOTAL SUBCONSULTANTS’ COSTS $ 82,458.40
n) Total Other Direct Costs INCLUDING SUBCONSULTANTS [(l)+(m)] $ 84,076.58 TOTAL COST [(c) + (j) + (k) + (n)] $ 397,800.00
NOTES:
$ 150.00
81/2 X 11 Reproduction
11 X 17 Reproduction
Mounting Boards for Presentations
Newsletters (Translation and printing)
Title Report
Vendor Reproduction
Vellum
$ -
$ 18.18

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany. l) TOTAL OTHER DIRECT COSTS
Unit Cost
$ 0.625
$ -
$ -
Miscellaneous
Per Diem/Hotel
Description of Item
Mileage Costs
Equipment Rental and Supplies
Permit Fees
January 2020
Packet Page 110
Cost Proposal
Total Hours per Cost
Proposal
Avg Hourly
Rate 5 Year Contract Duration
1462 = $209.35 Year 1 Avg Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 $209.35 + 5% = $219.82 Year 2 Avg Hourly Rate
Year 2 $219.82 + 5% = $230.81 Year 3 Avg Hourly Rate
Year 3 $230.81 + 5% = $242.35 Year 4 Avg Hourly Rate
Year 4 $242.35 + 5% = $254.47 Year 5 Avg Hourly Rate
Estimated % Completed
Each Year
Total Hours per Cost
Proposal
Total Hours
per Year
Year 1 50.00% * 1462 = 731 Estimated Hours Year 1
Year 2 50.00% * 1462 = 731 Estimated Hours Year 2
Year 3 0.00% * 1462 = 0 Estimated Hours Year 3
Year 4 0.00% * 1462 = 0 Estimated Hours Year 4
Year 5 0.00% * 1462 = 0 Estimated Hours Year 5
Total Total = 1462
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
Year 1 $209.35 * 731 = $153,035.00 Estimated Hours Year 1 Year 2 $219.82 * 731 = $160,688.42 Estimated Hours Year 2 Year 3 $230.81 * 0 = $0.00 Estimated Hours Year 3
Year 4 $242.35 * 0 = $0.00 Estimated Hours Year 4
Year 5 $254.47 * 0 = $0.00 Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $313,723.42
Direct Labor Subtotal before Escalation = $306,070.00
Estimated total of Direct Labor Salary Transfer to Page 1 Increase = $7,653.42
NOTES:

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) Exhibit 10-H1 Cost Proposal Page 2 of 3
Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Calculations for Anticipated Salary Increases)

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Direct Labor Subtotal per
Cost Proposal
$ 306,070.00

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

Cost per
Year
Packet Page 111

EXHIBIT
Cost Proposal
Certification of Direct Costs:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:

Name: Title *:

Signature : Date of Certification (mm/dd/yyyy): 9/1/2023 Email: [email protected]
Address: 11017 Cobblerock Drive Suite 100 Rancho Cordova, CA 95670 List services the consultant is providing under the proposed contract:
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 0 Regional Manager
916.368.9181
Jason Jurrens, P.E.

Exhibit 10-H1 Cost Proposal Page 3 of 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Phone Number:

Packet Page 112
Project Name: Cunningham Park Pedestrian Overcrossing Bridge Replacement County/City: Monterey County, Seaside, California
Services: Geotechnical and Environmental Engineering Services 12/1/2023 Principal * Principal * Principal * Senior Project Manager Project Manager Senior Engineer / Geologist Project Engineer II / Geologist Project Engineer I / Geologist Staff Engineer / Geologist Project Coordinator Administrative Assistant Soils/Asphalt Technician ** (PW) Group 3 Crawford Staff Ben
Crawford
Eric
Nichols
Shawn
Leyva
Chris
Trumbull TBD TBD TBD TBD TBD TBD TBD TBD
Hourly Rate $ 250.00 $ 250.00 $ 250.00 $ 210.00 $ 190.00 $ 170.00 $ 150.00 $ 140.00 $ 135.00 $ 127.00 $ 110.00 $ 175.00 TASK NO. 1 Project Design Team Meetings and Management

1.1 PDT Meetings, Project Coordination and Setup 2.00 8.00 6.00 3.00 2.00 2.00 23.00 $ 3,934.00 $ 3,934.00 Task 1 - Hours 0.00 2.00 0.00 0.00 8.00 6.00 0.00 3.00 0.00 2.00 2.00 0.00 23.00 $ 3,934.00 $ - $ 3,934.00 TASK NO. 2 Foundation Report $ -

2.1 Coordination, Obtain Permits and Mark for USA 1.00 2.00 3.00 20.00 3.00 1.00 1.00 31.00 $ 4,582.00 $ 815.40 $ 5,397.40

2.2 Subsurface Exploration 1.00 2.00 32.00 1.00 36.00 $ 5,140.00 $ 17,816.00 $ 22,956.00

2.3 Laboratory Testing 2.00 2.00 $ 280.00 $ 3,750.00 $ 4,030.00

2.4 Engineering Evaluation and Analysis 1.00 5.00 15.00 15.00 3.00 39.00 $ 6,355.00 $ 2,012.50 $ 8,367.50

2.5 Foundation Report 2.00 5.00 26.00 18.00 3.00 2.00 56.00 $ 9,115.00 $ 9,115.00 Task 2 - Hours 0.00 4.00 0.00 11.00 2.00 46.00 0.00 87.00 9.00 1.00 4.00 0.00 164.00 $ 25,472.00 $ 24,393.90 $ 49,865.90 TASK NO. 3 Lead and Asbestos Testing $ -

3.1 Coordination and Mobilization 1.00 2.00 6.00 2.00 2.00 13.00 $ 2,180.00 $ 2,180.00

3.2 Soil Sampling 6.00 1.00 2.00 9.00 $ 1,480.00 $ 466.00 $ 1,946.00

3.3 Laboratory Testing 2.00 2.00 $ 270.00 $ 1,672.50 $ 1,942.50

3.4 Draft and Final Reports 1.00 3.00 8.00 8.00 2.00 22.00 $ 3,540.00 $ 3,540.00 Task 3 - Hours 0.00 2.00 0.00 5.00 0.00 20.00 0.00 0.00 12.00 0.00 5.00 2.00 46.00 $ 7,470.00 $ 2,138.50 $ 9,608.50 TASK NO. 4 Plan Review & Consultation $ -

4.1 Plan Review/Consultation 3.00 6.00 8.00 5.00 2.00 24.00 $ 4,050.00 $ 4,050.00 Task 4 - Hours 0.00 0.00 0.00 3.00 6.00 8.00 0.00 5.00 0.00 0.00 2.00 0.00 24.00 $ 4,050.00 $ - $ 4,050.00 Subtotal- Hours/Tasks 0.00 8.00 0.00 19.00 16.00 80.00 0.00 95.00 21.00 3.00 13.00 2.00 257.00 Overtime and Graveyard Charges May Apply $ 40,926.00
(*) Indicates Key Staff $ 26,532.40
(**) Indicates Prevaliing Wage Cllassifications TOTAL ESTIMATED FEE: $ 67,458.40 Rates are subject to a 5% annual escalation effective January 1, 2025.

General Note: This costs allocation represents our best estimate at this time and may change subject to future developments during the project. It is possible that some of the estimated manpower requirements for specific task items may increase while others may not require the entire anticipated effort. Charges to this project will be made for actual time spent on the project and will be charged as per this fee schedule.

HOURS PER TASKTOTAL COST PER TASK
Crawford & Associates, Inc. Tasks and Descriptions
OTHER DIRECT COSTS:

TOTAL LABOR COST:

LABOR COST PER TASKOTHER DIRECT COSTS
Packet Page 113
Crawford & Associates - Other Direct Costs 12/1/23
Task 2.1 Coordination, Obtain Permits and Mark for USA

DESCRIPTION QUANTITY UNIT UNIT COST MULT TOTAL
Mileage (Site Visit, USA Marking) 380 Mile $ 0.70 1 $ 266.00 Vehicle Charge 1 Day $ 25.00 1 $ 25.00
Encroachment Permit Cost $ - 1.15 $ -
Environmental Health Permit 1 Cost $ 456.00 1.15 $ 524.40 Task 1 ODC Total: $ 815.40
Task 2.2 Subsurface Exploration

DESCRIPTION QUANTITY UNIT UNIT COST MULT TOTAL
Mileage 380 Mile $ 0.70 1 $ 266.00
Vehicle Charge 2 Day $ 25.00 1 $ 50.00
Per Diem 2 Day $ 250.00 1 $ 500.00
Drilling Rig & Crew 2 Cost $ 7,000.00 1.15 $ 16,100.00
Steel Liners (MCAL/SPT) 60 Liner $ 10.00 1 $ 600.00
Traffic Control Equipment 2 Day $ 150.00 1 $ 300.00
Task 2 ODC Total: $ 17,816.00
Task 2.3 Laboratory Testing

DESCRIPTION QUANTITY UNIT UNIT COST MULT TOTAL
#200 Wash (D1140) 2 Each $ 120.00 1 $ 240.00
Corrosivity Testing - pH, Resistivity, Sulfate, and
Chloride Content (CTM 417,422,643) 1 Each $ 240.00 1 $ 240.00 Grain Size Analysis to #200 / Sieve Analysis
(D6913) 4 Each $ 160.00 1 $ 640.00
Moisture & Density (D2216, D7263) 10 Each $ 80.00 1 $ 800.00 Plasticity Index (D4318) 2 Each $ 260.00 1 $ 520.00
R-Value (D2844 / CAL301) 1 Each $ 450.00 1 $ 450.00
Unconfined Compression - Soil (D2166) 2 Each $ 180.00 1 $ 360.00 Direct Shear (CD 3pt) Peak Only (D3080) 1 Each $ 500.00 1 $ 500.00 Task 3 ODC Total: $ 3,750.00
Task 2.4 Engineering Evaluation and Analysis

DESCRIPTION QUANTITY UNIT UNIT COST MULT TOTAL
DBE CADD Drafter 1 Cost $ 1,750.00 1.15 $ 2,012.50
Task 4 ODC Total: $ 2,012.50
Task 3.2 Soil Sampling

DESCRIPTION QUANTITY UNIT UNIT COST MULT TOTAL
Mileage 380 Mile $ 0.70 1 $ 266.00
Hand Auger **Prevailing Wage 1 Day $ 200.00 1 $ 200.00
Task 5 ODC Total: $ 466.00
Task 3.3 Laboratory Testing

DESCRIPTION QUANTITY UNIT UNIT COST MULT TOTAL
PACE - ADL, Soluble Lead, TCLP 8 Test $ 70.00 1.15 $ 644.00 PACE - ADL, Other Metals 12 Test $ 65.00 1.15 $ 897.00
PACE - pH 2 Test $ 15.00 1.15 $ 34.50
PACE - Diesel Range Hydrocarbons Test $ 87.50 1.15 $ -
PACE - Organochlorine Pesticides Test $ 67.50 1.15 $ -
PACE - Organophosphates Test $ 200.00 1.15 $ -
N.A.L. - Asbestos & Lead Paint LS $ 1,200.00 1.15 $ -
Environmental Impact Fee 1 LS $ 25.00 1 $ 25.00
Disposal Fee (per Sample) 12 Each $ 6.00 1 $ 72.00
Task 6 ODC Total: $ 1,672.50
$ 26,532.40 TOTAL OTHER DIRECT COSTS
Cunningham Park Pedestrian Overcrossing Bridge Replacement Packet Page 114
Packet Page 115
San Pablo Pedestrian Bridge Demolition and Reconstruction Exhibit B

EXHIBIT B

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

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

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

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

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

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

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

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

Packet Page 116
San Pablo Pedestrian Bridge Demolition and Reconstruction Exhibit B Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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

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

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

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

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

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

Packet Page 117
San Pablo Pedestrian Bridge Demolition and Reconstruction Exhibit B Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, Agency may cancel this Agreement.

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

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

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

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

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

Packet Page 118
San Pablo Pedestrian Bridge Demolition and Reconstruction Exhibit B Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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

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

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

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

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

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

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

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San Pablo Pedestrian Bridge Demolition and Reconstruction Exhibit C

EXHIBIT C
REQUEST FOR PROPOSAL – ON-CALL ENGINEERING SERVICES
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REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

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

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

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

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

EXHIBIT C
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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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The SOQ should include the following information:

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

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

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

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

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

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

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

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

Release RFQ
Questions Due
Thursday, March 24, 2022
Friday, April 8, 2022
Proposal due
Proposal Ranking
Friday, April 22, 2022
April 24, 2022 – May 20, 2022
Consultant Award (if applicable) Friday, May 27, 2022
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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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All questions and/or contacts regarding this Request should be directed to:

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

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

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

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

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

4. Client References. – 10 points

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

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

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

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

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

General Provisions

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

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the Packet Page 124
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 5 - prospective Consultant(s) for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.

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

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

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

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

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

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

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

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

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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11. This Request for Qualifications shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

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

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

Generally, the grounds for disqualification include:

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

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

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

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

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

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

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

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

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

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

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: Successor Agency to the Redevelopment Agency of the City of Seaside FROM: Jaime M. Fontes, City Manager
BY: Victor Damiani, Finance Director
Jessica Riley, Assistant Finance Director
DATE: December 21, 2023
SUBJECT: REVIEW OF THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SEASIDE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) 24-25
FOR THE PERIOD JULY 1, 2024 – JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177

RECOMMENDATION
Accept and review the ROPS 24-25 for the period July 1, 2024 – June 30, 2025 pursuant to Health and Safety Code Section 34177 and direct staff to forward the presentation to the Monterey County Consolidated Oversight Board for further review and approval.

BACKGROUND
Upon dissolution of the Redevelopment Agency of the City of Seaside on February 1, 2012, pursuant to AB X1 26, the Successor Agency to the Redevelopment Agency of the City of Seaside was constituted and is governed by a board of directors consisting of the members of the City Council.

Pursuant to Health and Safety Code Section 34177, successor agencies are required to prepare Recognized Obligation Payment Schedules (ROPS) prior to each twelve-month fiscal period. The Successor Agency previously prepared a ROPS for the fiscal period commencing on July 1, 2023 and ending on June 30, 2024, (ROPS 23-24). At this time, a ROPS has been prepared for the next twelve-month fiscal period commencing on July 1, 2024 and ending on June 30, 2025 (ROPS 24-25).

ROPS 24-25 is to be submitted to the County Auditor-Controller, the County Administrative Office, the Department of Finance (DOF) and the State Controller’s Office Packet Page 131

Item No. 8.G. Page 2 of 3
by February 1, 2024. Prior to submission, the ROPS must be reviewed and approved by the new Consolidated Oversight Board on January 18, 2024. The Successor Agency must submit the ROPS to the DOF and a copy of the Consolidated Oversight Board's approved ROPS must be posted on the Successor Agency’s website.

The DOF may eliminate or modify any items on the ROPS before approving the ROPS.

The DOF must make its determination regarding the enforceable obligations and the amount and funding source for each enforceable obligation listed on a ROPS no later than 45 days after the ROPS is submitted. Within five business days of the DOF’s determination, the Successor Agency may request to “meet and confer” with the DOF on disputed items. The County Auditor-Controller may also object to the inclusion of any item on the ROPS that is not demonstrated to be an enforceable obligation and may object to the funding source proposed for any item.

Beginning with ROPS 19-20, the ROPS must be presented to the Consolidated Oversight Board (COB) for approval before being submitted to the DOF. Previously, the ROPS were presented to the Seaside Oversight Board. Due to changes in the law, there is now one Consolidated Oversight Board for each county. Upon COB approval, ROPS 24- 25 will be submitted to DOF. The COB will meet on January 18, 2024.

The COB requests an explanation of previously approved ROPS items and an explanation of any changes requested to ROPS 24-25. Since the COB is requesting that information, it is also hereby presented to the Successor Agency (SA) to inform SA of what information the COB will receive.

A summary of the approved ROPS items is attached. The Obligation Amount is the outstanding amount as of June 30, 2024. The summary is followed by an explanation of each item and any changes.

FISCAL IMPACT
Preparation of the ROPS 24-25 is in furtherance of allowing the Successor Agency to pay enforceable obligations of the former redevelopment agency.

ATTACHMENTS

1. 2014 Refunding Series Amortization Schedule

2. 24-25 ROPS Requested

3. Summary of ROPS Obligations and ROPS 24-25
Reviewed for Submission to the City Council by:

Packet Page 132

Item No. 8.G. Page 3 of 3
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 133
INT ACCRUES FROM: 12/23/2014
FIRST PAYMENT DATE: 2/1/2015 Item 48FINAL MATURITY: 8/1/2033 Requested Expenditure Item 45MAX ANNUAL D.SERV: $2,515,225.00 for ROPS During ROPS 2014 TARB

OUTSTANDING
DATE: COUPON: PRINCIPAL DUE: INTEREST DUE: DEBT SERVICE OBLIGATION 2/1/2020 38,381.25 $ $38,381.25 $2,515,225.00 2019-20B 2019-20B $38,3818/1/2020 5.000% $100,000.00 38,381.25 $ $138,381.25 $2,338,462.50 2019-20B $138,3812/1/2021 35,881.25 $ $35,881.25 $2,338,462.50 2020-21B 2020-21B $35,8818/1/2021 5.000% $110,000.00 35,881.25 $ $145,881.25 $2,156,700.00 2020-21B $145,8812/1/2022 33,131.25 $ $33,131.25 $2,156,700.00 2021-22B 2021-22B $33,1318/1/2022 5.000% $115,000.00 33,131.25 $ $148,131.25 $1,975,437.50 2021-22B $148,1312/1/2023 30,256.25 $ $30,256.25 $1,975,437.50 2022-23B 2022-23B $30,2568/1/2023 5.000% $120,000.00 30,256.25 $ $150,256.25 $1,794,925.00 2022-23B $150,2562/1/2024 27,256.25 $ $27,256.25 $1,794,925.00 2023-24B 2023-24B $27,2568/1/2024 5.000% $125,000.00 27,256.25 $ $152,256.25 $1,615,412.50 2023-24B $152,2562/1/2025 24,131.25 $ $24,131.25 $1,615,412.50 2024-25B 2024-25B $24,1318/1/2025 5.000% $135,000.00 24,131.25 $ $159,131.25 $1,432,150.00 2024-25B $159,1312/1/2026 20,756.25 $ $20,756.25 $1,432,150.00 2025-26B 2025-26B $20,7568/1/2026 5.000% $135,000.00 20,756.25 $ $155,756.25 $1,255,637.50 2025-26B $155,7562/1/2027 17,381.25 $ $17,381.25 $1,255,637.50 2026-27B 2026-27B $17,3818/1/2027 3.000% $145,000.00 17,381.25 $ $162,381.25 $1,075,875.00 2026-27B $162,3812/1/2028 15,206.25 $ $15,206.25 $1,075,875.00 2027-28B 2027-28B $15,2068/1/2028 3.000% $145,000.00 15,206.25 $ $160,206.25 $900,462.50 2027-28B $160,2062/1/2029 13,031.25 $ $13,031.25 $900,462.50 2028-29B 2028-29B $13,0318/1/2029 3.000% $155,000.00 13,031.25 $ $168,031.25 $719,400.00 2028-29B $168,0312/1/2030 10,706.25 $ $10,706.25 $719,400.00 2029-30B 2029-30B $10,7068/1/2030 3.125% $160,000.00 10,706.25 $ $170,706.25 $537,987.50 2029-30B $170,7062/1/2031 8,206.25 $ $8,206.25 $537,987.50 2030-31B 2030-31B $8,2068/1/2031 3.250% $165,000.00 8,206.25 $ $173,206.25 $356,575.00 2030-31B $173,2062/1/2032 5,525.00 $ $5,525.00 $356,575.00 2031-32B 2031-32B $5,5258/1/2032 3.250% $170,000.00 5,525.00 $ $175,525.00 $175,525.00 2031-32B $175,5252/1/2033 2,762.50 $ $2,762.50 $175,525.00 2032-33B 2032-33B $2,7638/1/2033 3.250% $170,000.00 2,762.50 $ $172,762.50 $0.00 2032-33B $172,763 $1,950,000.00 $565,225.00 $2,515,225.00 $282,610 $2,232,610 Reserve for
August
Payments
Packet Page 134
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Seaside
County: Monterey
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 5,000 $ 183,263 $ 188,263 F RPTTF 5,000 183,263 188,263
G Administrative RPTTF - - -
H Current Period Enforceable Obligations (A+E) $ 5,000 $ 183,263 $ 188,263 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Packet Page 135
Seaside
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$4,746,246 $188,263 $- $- $- $5,000 $- $5,000 $- $- $- $183,263 $- $183,263 6 City loan City/County
Loan (Prior
06/28/11),
Cash
exchange
06/15/
1995
06/30/2047 City of
Seaside
Loan to fund
projects
Merged 2,333,431 N $- - - - - - $- - - - - - $-
7 City loan City/County
Loan (Prior
06/28/11),
Other
01/04/
2001
06/30/2047 City of
Seaside
Loan to fund
projects
Ft. Ord 500,000 N $- - - - - - $- - - - - - $-
34 Bond
Maintenance
Fees
Fees 09/24/
2003
08/01/2033 US Bank,
Urban
Futures,
Arbitrage
Rebate
Service,
Willdan
Financial
Services,
etc.

Trustee fees,
arbitrage
calculation,
disclosure
certification
Merged
& Ft.

Ord
27,441 N $5,000 - - - 5,000 - $5,000 - - - - - $-
40 Seaside
Resort
Development,
per amended
DDA
Project
Management
Costs
02/07/
2014
10/19/2025 Richards
Watson &
Gershon,
Larry
Seeman,
EMC
Planning
Group, etc.

Costs billed to
developer for
DDA work
Ft. Ord - N $- - - - - - $- - - - - - $-
45 2014 Tax
Allocation
Refunding
Bonds
Refunding
Bonds
Issued After
6/27/12
12/23/
2014
08/01/2033 US Bank Bonds issued
to refinance
2003 bond
series (Feb 1,
interest
payments)
Merged 117,706 N $24,132 - - - - - $- - - - 24,132 - $24,132 48 Reserve for
2014 Tax
Allocation
Refunding
Bond
payment
Refunding
Bonds
Issued After
6/27/12
12/23/
2014
08/01/2033 US Bank Reserve for
annual
August 1,
bond debt
service
payment per
Merged 1,767,668 N $159,131 - - - - - $- - - - 159,131 - $159,131 Packet Page 136

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
bond
covenant
49 Administration
Costs
Admin Costs 07/01/
2018
06/30/2019 Seaside
Successor
Agency
Successor
Agency
Administration
Costs
Merged - N $- - - - - - $- - - - - - $-
Packet Page 137
Seaside
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
1,274 905,560 400,617 165,861
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
14,501 167,657
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
52,679 181,262
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
152,256
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required (25,409)
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $1,274 $852,881 $415,118 $25,409
Packet Page 138
Seaside
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
6 7
34 40
45 48
49 Packet Page 139
Successor Agency for the Redevelopment Agency for the City of Seaside Summary of ROPS Obligations and ROPS 24-25 Requested Amount:

Item
No.

Project Name Obligation Amt. ROPS 24-25
Request
6 City Loan $2,333,431 $0
7 City Loan 500,000 0
12 Property Services 0 0
23 SERAF 0 0
24 SERAF 0 0
34 Bond Maintenance Fees 27,441 5,000
45 2014 Tax Allocation Refunding
Bonds
117,706 24,132
48 Reserve for 2014 TARB 1,767,668 159,131
49 Administration Costs 0 0
Totals $4,746,246 $188,263
 Item 6 City Loan $2,333,431 – During fiscal year 2011-12, the City Council approved resolution SA 2012-10 authorizing a loan pursuant to AB 1484 between the City and the Successor Agency. The Successor Agency received a Finding of Completion from the Department of Finance on March 28, 2014.

Pursuant to Health & Safety Code Section 34191.4, the Successor Agency is now eligible to request Oversight Board approval to repay amounts due to the City of Seaside pursuant to the Financing Agreement. The Successor Agency is preparing a report to make a finding to re-establish loans made pursuant to a financing agreement between the Redevelopment Agency of the City of Seaside and the City of Seaside pursuant to health and safety code section 34191.4.  Item 7 City Loan $500,000 – This item is for a loan for the Ft. Ord Project Area. No funding has been requested for this item. The documentation to support the item is being reviewed.
 Item 12 Property Services $0 – This item is to pay various property consultant services for assistance with the dissolution process and assessments of SA properties. Some funding will come from Other Funds (rents, etc.). The City of Seaside Successor Agency has sold all properties that allow the use of RPTTF funds to pay expenses and retired this item from the 22-23 ROPS.  Item 23 SERAF, HSC Section 33690(c)(1) - This is to pay the Housing Successor Agency for funds borrowed to pay the Supplemental Educational Revenue Augmentation Fund. The ROPS 19-20 amount of $746,405 paid off the loan amount. No further funds to be requested.
 Item 24 SERAF, HSC Section 33690.5(c)(1) – This is to pay Housing Packet Page 140
Successor Agency for funds borrowed to pay the Supplemental Educational Revenue Augmentation Fund. The ROPS 19-20 amount of $817,842 paid off the loan amount. No further funds to be requested.
 Item 34 Bond Maintenance Fees – This is funding for the annual trustee fees, arbitrage rebate calculations and annual disclosure fees for the 2014 TARB.

Amount requested is $3,000, which is consistent with the $5,000 requested in the 24-25 ROPS.
 Item 45 2017 Tax Allocation Refunding (TARB) – This is the February 1, debt service interest only payment ($24,131) due during ROPS 24-25B. Amounts requested are in accordance with the attached debt service schedule.  Item 48 Reserve for 2014 TARB – This is the Reserve for the 2014 TARB principal and interest payment ($159,131) that is due on August 1 of each year until the bonds are paid in full. Per the bond indenture and DOF approval, the SA is allowed to request funding during ROPS 24-25 for debt service payment to be made on August 1, 2025. During ROPS 24-25 the funds will be held in a reserve until needed, the following fiscal year. The prior ROPS requested $152,256 for this item in accordance with the debt service schedule.  Item 49 Administration Costs – The $0 requested for 24-25 is the allowed amount less than $250,000 per the DoF’s Administrative Cost Allowance formula. The requested amount of $0 for 24-25 was determined by taking 50 percent of total Redevelopment Property Tax Trust Fund (RPTTF) distributed to pay enforceable obligations in the preceding fiscal year. The City of Seaside Successor Agency anticipates that Administrative Costs will be remain near $0 in future years.

Packet Page 141

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

THE GENERAL FUND TO THE DRAINAGE INLET IMPROVEMENTS
PROJECT, AND APPROVING $22,000.00 IN ADDITIONAL

CONTINGENCY TO THE CONSTRUCTION AGREEMENT WITH
MONTEREY PENINSULA ENGINEERS, INC. FOR A TOTAL

CONSTRUCTION AMOUNT THAT DOES NOT EXCEED
$113,850.00

RECOMMENDATION
Adopt a resolution:

1. Appropriating $22,000.00 from the General Fund to the Drainage Inlet Improvements Project;

2. Approving $22,000.00 in additional contingency to the Construction Agreement with Monterey Peninsula Engineers, Inc. for a total construction amount that does not exceed $113,850.00; and

BACKGROUND
The Drainage Inlet Improvements Project is located on San Pablo Avenue between Yosemite Street and St. Helena Street. The project was approved as an addition to the Fiscal Year 2023/24 CIP project list at the October 19, 2023 City Council Meeting when the contract was awarded to Monterey Peninsula Engineering. The proposed improvements include the construction of a “bubble-up” catch basin at the south-east corner of San Pablo Avenue and Saint Helena Street, and connection to the 30” RCP storm drain located in San Pablo Avenue. This will allow the existing 30” storm drain Packet Page 142

Item No. 8.H. Page 2 of 3
flow to “bubble-up” onto the south side of San Pablo Avenue instead of at the catch basin in front of 1817 Yosemite Street. The overflow from the 30” storm drain would discharge to the south side of San Pablo Avenue.

On October 19, 2023, the City Council awarded a Construction Agreement with Monterey Peninsula Engineering, Inc. (MPE) for an amount not to exceed $83,500.00.

The City Council also authorized the City Manager to approve change orders to the Construction Agreement in the amount of $8,350.00. Construction began on December 7, 2023. During excavation for the new storm drain pipe, an existing 6" water line which conflicts with the designed storm drain route was located within the project boundary. The water line, belonging to Seaside Municipal Water System, is currently in service. Work already performed on the project included saw cutting and removal of AC pavement from the trench area, and minor potholing excavation to confirm water line placement. Work was stopped on the project while staff evaluated solutions and received cost proposals. The design engineer with Whitson Engineers provided an alternate routing for new storm drain path, which avoided the conflict with the 6" water line. The cost proposal for the realigned storm drain pipe exceeds the remaining contingency for the project.

The Construction Agreement with MPE was for an amount not to exceed $83,500.00.

The City Council also authorized the City Manager to approve change orders to the Construction Agreement in the amount of $8,350.00 for a total possible construction amount that does not exceed $91,850.00. The contingency currently remaining on the construction contract is $8,350.00. The proposed additional work is in the amount of $19,452.80.

An additional contingency of $22,000.00 is necessary until completion of the project to address the outstanding amount for the proposed change orders, and unforeseen conditions as they arise.

Staff recommends adopting a resolution (Attachment 1) approving an appropriation of $22,000.00 to the Drainage Inlet Improvements Project from the General Fund, for additional work; approving $22,000.00 in additional contingency to the Construction Agreement with MPE, such that the total construction amount does not exceed $113,850.00; and authorizing the City Manager to execute any amendments, extensions, and change orders to the Construction Agreement until completion of the project such that they do not exceed the total project construction amount.

Other expenses that were already approved for the Drain Inlet Improvements Project are a Professional Services Agreement (PSA) with Whitson Engineers for an amount up to $21,120.00 for design and design services during construction, as well as $4,525.00 for public notifications and materials testing. With the mentioned costs, the current construction cost, and the newly requested funds, the total costs for the project amount to $139,495.00. Construction management will be performed by Engineering staff.

Packet Page 143

Item No. 8.H. Page 3 of 3

FISCAL IMPACT
The current total budget for the Drainage Inlet Improvements Project (Account No. 271-8910-9968) is $117,495.00. After the budget appropriation, the Drainage Inlet Improvements Project would have a total budget of $139,495.00.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 144
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROPRIATING $22,000.00 FROM THE GENERAL FUND TO THE DRAINAGE INLET IMPROVEMENTS PROJECT, AND APPROVING $22,000.00 IN

ADDITIONAL CONTINGENCY TO THE CONSTRUCTION AGREEMENT WITH MONTEREY PENINSULA ENGINEERS, INC. FOR A TOTAL CONSTRUCTION AMOUNT THAT DOES NOT EXCEED $113,850.00
WHEREAS, On October 19, 2023, the City Council of the City of Seaside approved adding the Drainage Inlet Improvements Project (Project) to the Capital Improvement Program, and a fiscal year 2023/2024 budget appropriation to the project account for the Project; and
WHEREAS, the Project work includes construction of a storm drain extension and bubble-up catch basin on San Pablo Avenue between Saint Helena Street and Yosemite Street; and
WHEREAS, on October 19, 2023, the City Council authorized the City Manager to execute a Construction Agreement with Monterey Peninsula Engineering, Inc. (MPE) for the Project for an amount not exceed $83,500.00, and authorized the City Manager to approve change orders to the Construction Agreement in the amount of $8,350.00 such that the full value may amount not to exceed $91,850.00; and WHEREAS, MPE started construction activities on the Project on December 7th; and
WHEREAS, to date the work performed includes demolition and removal of AC pavement, and minor excavation work to locate existing utilities; and WHEREAS, it was determined that additional work is required due to unforeseen circumstances; and
WHEREAS, an additional $22,000.00 contingency is required for the City Manager to authorize additional work for the Project; and
WHEREAS, an appropriation of $22,000.00 to the Project is needed to complete the Project; and
WHEREAS, there are sufficient monies in the General Fund for the additional budget request; and
Packet Page 145
NOW THEREFORE BE IT RESOLVED, that the City Council approves appropriating $22,000.00 to the Drainage Inlet Improvements Project (Account No. 271- 8910-9968) from the General Fund for a total of $139,495.00 in the Project Account; and BE IT FURTHER RESOLVED, that the City of Seaside City Council approves $22,000.00 in additional contingency to the construction agreement with Monterey Peninsula Engineering, Inc. for a total construction amount that does not exceed $113,850.00; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute any amendments, extensions, and change orders until completion of the project such that the total project construction amount does not exceed $113,850.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 21st day of December, 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 146

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: December 21, 2023
SUBJECT: ADOPT A RESOLUTION CANCELING THE JANUARY 4, 2024 CITY

COUNCIL REGULAR MEETING

RECOMMENDATION
Adopt a resolution canceling the January 4, 2023, regular meeting of the City Council.

BACKGROUND
The City Council meets regularly on the first and third Thursdays of each month. Since the first meeting in January would occur following a Federal Holiday, it is recommended that the meeting be formally canceled.

FISCAL IMPACT
None

ATTACHMENTS

1. Resolution - Cancellation of the City Council Regular Meeting January 4, 2024 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 147
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE CANCELLATION OF THE CITY COUNCIL REGULAR MEETING JANUARY 4, 2024
WHEREAS, The City Council meets regularly on the first and third Thursdays of each month; and
WHEREAS, Since the first meeting in January would fall on January 4th, being that it is following a Federal Holiday it is recommended that the meeting be formally canceled; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approves the cancellation of the meeting scheduled for January 4, 2024.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 21st day of December 2023, by the following vote:

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Adolfo Gonzalez, Project Manager
DATE: December 21, 2023
SUBJECT: PROJECT OVERVIEW AND CONSTRUCTION SCHEDULE FOR THE

GRAND HYATT SEASIDE RESORT HOTEL ON THE SEASIDE

RESORT PROJECT AREA

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

BACKGROUND
On October 26, 2022, the Planning Commission approved a revised architectural design for the hotel component of the Seaside Resort Project. The Grand Hyatt Seaside Resort (GHSR) Hotel is a 4-star Hyatt property which will be located on the Bayonet-Blackhorse Golf Course.

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

The resort will incorporate a convention center on the two lower levels with several large event spaces and support spaces, and 7 levels of hotel guest rooms with amenities such as a spa, restaurants, fitness spaces and a large exterior courtyard provided with a pool.

Project Milestones
The project continues to move forward at the expected pace for a project of this magnitude. On December 15, 2023 City staff met with the Developer and design team to discuss the status of the GHSR project and milestones listed below:

Packet Page 149

Item No. 9.A. Page 2 of 2
• Rough grading plans have been submitted for review & approval. • Civil Engineering plans are scheduled to be submitted 1st week of January 2024. • Structural Design Plans & calculations to be submitted are on the 2nd week January 2024.
• A tree removal permit was issued on December 15, 2023. • Tree removal is to be completed by the end of February 2024. • Sundt Construction Trade Partner Outreach event was held on October 26, 2023.

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

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 150

Seaside City CouncilDecember 21, 2023

Seaside City Council
December 21, 2023