Packet Page 271
CONTRACT AMENDMENT
Project Name: Fernando Park Improvements CA No. 02
Client Name: City of Seaside Project/Phase No. 1284-0035 Attention: Nisha Patel, Public Works Director/ City
Engineer
Date: 1/2/2024
Address: 440 Harcourt Ave, Seaside CA 93955
Wallace Group requests the Client’s authorization to proceed with revisions to the contract agreement for the above referenced project as herein described. Approval below incorporates this document as a part of the original contract signed August 17, 2023. If approved, please return one signed original Contract Amendment to Wallace Group.
Description and Purpose of the Revision(s)
We are requesting additional budget of $16,516 for completing additional construction management and inspection services at Fernando Park due to the additional concrete pathways and site amenities work that was performed at the request of the City as part of Change Order #1. This added significant scope and time to the overall project and required design support and review, change order negotiations, additional site construction observation services, material testing, and project management that was not originally included as part of the project or included in our service proposal.
Revision(s) Represent: Revision(s) Fee:
( ) a change in previous instructions (x) hourly (time & materials): $16,516 (x) a change in Scope of Services ( ) progress billing:
( ) other: ( ) not-to-exceed w/o authorization: $
Revision(s) will be invoiced as:
( x ) increase to an item within the existing contract
( ) a new item added to existing contract
Issued by,
WALLACE GROUP, a California Corporation APPROVED BY CLIENT:
Zachary Teske, PE C87350 ____________________________________ Director of Construction Management Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
Exhibit A2 Packet Page 272
CITY OF SEASIDE
STAFF REPORT
Item No.: 9.A.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Mary Gutierrez, Fire Chief
DATE: January 18, 2024
SUBJECT: AMEND SEASIDE MUNICIPAL CODE CHAPTER 8.32
FIREWORKS; ADDING SECTION 8.32.211 - CURFEW FOR USE
OF SAFE AND SANE FIREWORKS (FIRST READING, ROLL CALL
VOTE)
RECOMMENDATION
Pass to print an ordinance amending the City of Seaside Municipal Code Chapter 8.32 fireworks; adding section 8.32.211 - Curfew for the use of Safe and Sane Fireworks.
BACKGROUND
At the October 5, 2023, Regular City Council meeting, the city council discussed and made decisions regarding changes to the use of Safe and Sane fireworks in the city.
The police and fire departments presented eleven (11) recommendations for discussion.
One of the recommendations included having a curfew for the use of safe and sane fireworks during the period when they are sold surrounding the 4th of July holiday period. The city council approved eight (8) of the eleven (11) recommendations. The recommendation to have a curfew necessitates an addition to the City of Seaside Municipal Code Chapter 8.32 fireworks. Section 8.32.211 will be added - Curfew for the use of Safe and Sane fireworks will be added.
Below is a review of the recommendations to be adopted in July 2024.
1. Include parking enforcement team on July 4. - Majority voted YES
2. Increase the number of drones deployed - Majority voted YES
3. Recommend Safe and Sane zones within the City - Majority voted NO
4. Pass out educational fliers to problematic areas earlier - Majority voted YES
5. Increase educational outreach - Majority voted YES
6. Recommend NO PARKING signs / curbs / on General Jim Moore - Majority voted YES Packet Page 273
Item No. 9.A. Page 2 of 2
7. Host community meeting to obtain community feedback - Majority voted YES
8. Curfew for use of Safe and Sane fireworks - Majority voted YES
8.32.211 - Curfew for use of Safe and Sane Fireworks.
There will be a 10:00 p.m. curfew each evening for the use of Safe and Sane Fireworks.
The curfew will go into effect on the first day of the sale of safe and sane fireworks, beginning at 12:00 June 28, and ending at 10:00 p.m. on July 5 (the final day of sales).
Per Ordinance No. 1014 – Ordinance of the City Council of the City of Seaside. The use of Safe and Sane fireworks is permitted during that period, beginning at 12:00 p.m. on June 28 and ending at 10:00 p.m. July 5 of the same year.
9. Enhance enforcement of Sane and Sane fireworks use after the 10:00 curfew - Majority voted YES
10. Sale of Safe and Sane fireworks shall only be sold to city of Seaside residents. - Majority voted NO
11. Discontinue sale of Safe and Sane fireworks on city-owned property. - Majority voted NO
FISCAL IMPACT
No fiscal impact
ATTACHMENTS
1. Fire Works Ordinance chapter 8.32 with Addition November 16_2023 Council Meeting
2. Fireworks Ordinance_ First Reading November 16_2023
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 274
Seaside Municipal Code
Chapter 8.32 FIREWORKS
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 8.32
FIREWORKS
Sections:
8.32.010 Purpose.
8.32.020 Definitions.
8.32.030 General prohibition against possession, use, or sale of fireworks.
8.32.040 Exception – Public displays and special events – Agricultural and wildlife fireworks – Model rockets.
8.32.050 Repealed.
8.32.060 Repealed.
8.32.070 Repealed.
8.32.080 Repealed.
8.32.090 Repealed.
8.32.100 Repealed.
8.32.110 Repealed.
8.32.120 Revocation of permit.
8.32.130 Seizure of fireworks.
8.32.140 Police and fire department illegal fireworks operation plan and after action report.
8.32.150 Repealed.
8.32.160 Repealed.
8.32.170 Repealed.
8.32.180 Manufacture of fireworks prohibited.
8.32.190 Administrative fines and penalties.
8.32.200 Concurrent authority.
8.32.210 Fees deemed debt to the city.
8.32.211 Curfew for use of Safe and Sane Fireworks.
* Prior legislation: Ords. 368, 369, 589, 760 and 884, and prior code §§ 8-100 – 8-109.
8.32.010 Purpose.
The purpose of this chapter is to regulate the possession, use, storage, sale and display or fireworks within the city of Seaside. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.020 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to them in this section:
“Affiliated organizations,” for purposes of this chapter, shall be presumed to be the following:
1. Organizations incorporated under the same charter or organization and their auxiliaries if the auxiliary is incorporated under the same charter;
2. Organizations sharing the same officers and/or place of meetings and/or national parent organization;
3. Subdivisions and/or fractional divisions however named or delineated of organizations. “Citation” means an administrative citation issued pursuant to this section to remedy a violation. “Citee” means any person served with an administrative citation charging him or her as a responsible person for violation.
“City” means the city of Seaside.
“Code” means the city of Seaside Municipal Code.
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Seaside Municipal Code
Chapter 8.32 FIREWORKS
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. “Code enforcement officer” or “CEO” means any employee or agent of the city of Seaside designated by the city council to enforce any provision of this code.
“Dangerous fireworks” means fireworks as listed and defined in California Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19 of the California Code of Regulations, as the same may be amended from time to time.
“Eligible nonprofit organization” means a duly organized nonprofit, tax exempt charitable, religious, civic, patriotic, or community service association, organization, or corporation (collectively “the organization”) which has met all the following criteria continuously for a minimum period of one year immediately preceding the filing of an application for a permit to display for sale or to sell safe and sane fireworks.
1. The organization must be a duly organized nonprofit entity which has tax exempt status from the Internal Revenue Service or the Franchise Tax Board, or which is an organization affiliated with and operating solely in support of an elementary school, junior high school, high school, university or community college that is located within the city of Seaside and that serves, in whole or in part, residents of the city of Seaside.
2. The organization must have its principal place of business and principal meeting place within the city of Seaside and must hold its regularly scheduled meetings within the city of Seaside.
3. The organization must be one which provides direct and regular community services and benefits to the residents of the city of Seaside.
4. The organization must not have had a permit to sell revoked within twenty-four months prior to the organization’s submittal of an application for a permit to sell. “Exempt fireworks” means any special item containing pyrotechnic compositions which the state Fire Marshal, with the advice of the state fire advisory board, has investigated and determined to be limited to industrial, commercial, and agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
“Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. These items include, but are not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. These terms include both “dangerous fireworks” and “safe and sane fireworks.” “Fireworks sales permit” or “permit” means a permit issued pursuant to this chapter authorizing the display for sale and the sale of state-approved fireworks.
“Fireworks stand” means any building, counter, or other structure of a temporary nature used in the sale, the offering for sale, or display for sale of “safe and sane fireworks.” “Fireworks wholesaler” and “fireworks distributor” means a person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale. It also includes any person who sells dangerous fireworks to public display permittees. “Hearing officer” means the person appointed by the city manager to serve as the hearing officer for administrative hearings hereunder.
“Issuance” or “issued” means:
1. The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Article III (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedures; or
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Seaside Municipal Code
Chapter 8.32 FIREWORKS
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2. Mailing of administrative fine citation to the citee by certified mail with return receipt, to the address shown on the official records of the county assessor; or
3. By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service. Substituted service may be accomplished as follows:
a. By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by first class mail, postage prepaid, a copy to the recipient at the address where the copy was left; or
b. In the event the responsible party cannot be served by first class mail, postage prepaid, or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency or may be effected by posting the property with the administrative fine citation and mailing a copy by first class mail, postage prepaid, to the responsible party in violation at the address of the property where the violation exists. “Permittee” means an eligible nonprofit organization to which a permit has been issued pursuant to this chapter. “Person” means any person, partnership, organization, firm, corporation, association or any combination thereof, or any city, county, city and county, and state, and shall include any of their employees and authorized representatives. “Principal place of business” and “principal meeting place” includes, but is not limited to, a permanent structure, playing field, geographic area, or service population which resides in or is located within the city of Seaside. “Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks, including but not limited to those defined in this chapter. “Responsible person” means a person who causes a violation of this chapter to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this chapter, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this chapter may be issued a citation in accordance with the provisions of this chapter. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of eighteen years, who knows or responsibly should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this chapter, in addition to any citation that may be issued to the offending minor. “Violation” or “violates” means any violation of any provision of this chapter. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.030 General prohibition against possession, use, or sale of fireworks.
Except as otherwise provided in this chapter, no person shall possess, sell, use, display, explode, or discharge any fireworks within the city of Seaside. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.040 Exception – Public displays and special events – Agricultural and wildlife fireworks – Model rockets.
A. The display of fireworks shall be permitted as a part of an entertainment feature which is either a city-sponsored or co-sponsored event or for which a special event permit has been issued pursuant to SMC 17.62.040(E)(3) and to which the general public is admitted.
B. It shall be unlawful for any person to possess, sell, furnish, or give away, or offer or expose for sale, or fire, discharge, or explode, any agricultural and wildlife fireworks within the city of Seaside without first obtaining a permit to do so from the fire chief. The permit shall not be transferable and shall particularly describe the place where agricultural and wildlife fireworks are to be stored, sold, or discharged. Such permit shall be for such length of time as the fire chief shall determine, but in any event, not to exceed twelve months.
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Seaside Municipal Code
Chapter 8.32 FIREWORKS
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
C. The sale, purchase, storage, firing or discharge of model rockets may be allowed by written permit from the fire chief or his/her designee which shall include, but not be limited to, the conditions contained in Title 19 of the California State Administrative Code and any other conditions the fire chief may deem reasonably necessary for the safety and welfare of the public and the community. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.050 Exception – Safe and sane fireworks.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.060 Permit to sell safe and sane fireworks – Application – Qualified applicants.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.070 Limitation on permits to sell safe and sane fireworks – Selection of eligible nonprofit organizations.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.080 Operator safety seminar.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.090 Operation of fireworks stand.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.100 Fireworks stands.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.110 General requirements for permittees.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.120 Revocation of permit.
A. The city fire chief or his/her designee or the city fire marshal or his/her designee may revoke, immediately and without notice or hearing, the permit of any permittee who violates any provision of this chapter. In the event of any such revocation the permittee must immediately cease operations and shall no longer display for sale or sell any fireworks. Any permittee whose permit has been revoked shall be prohibited from applying for or from receiving a permit under this chapter for a period of two years from the date of revocation.
B. Any revocation made pursuant to this section may be appealed by the permittee to the city manager on the next business day following such revocation. The city’s fire chief and/or fire marshal or his/her designee shall provide the city manager with written notice of the revocation, including the name of the permittee and a brief statement on the grounds for revocation. The city manager shall consider the appeal at his/her earliest convenience and may, in his/her sole discretion, meet with the permittee to review the revocation and may, in his/her discretion, support or overturn the revocation. The city manager’s decision shall be final and dispositive of the matter. In the event the city manager overturns the revocation the permittee may immediately resume operations pursuant to the originally issued permit and shall remain eligible for participation in the next year’s application selection process. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.130 Seizure of fireworks.
The fire chief or the fire marshal may seize, take, remove, or cause to be removed, at the expense of the permittee or owner thereof, all stocks of fireworks displayed or available for sale, stored, or held in violation of this chapter. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.140 Police and fire department illegal fireworks operation plan and after action report.
A. On or before the first regular city council meeting in May of every year, both the city’s police and fire departments must present to the city council an operation plan for the thirty-day period surrounding the 4th of July (June 17th through July 16th) for that year. Said operation plan should include, but not be limited to, the following information:
1. Identification of areas within the city where illegal fireworks were a problem in the previous year;
2. A general explanation of the supplemental fire and law enforcement personnel deployed within the city; Packet Page 278
Seaside Municipal Code
Chapter 8.32 FIREWORKS
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
3. A report on the additional apparatus and personnel who’ll be on duty for the period of June 17th through July 16th of that year;
4. Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcement patrols there should be for that year and all other relevant information and statistics deemed necessary by the city council;
5. A detailed discussion of the costs that will be incurred by the city that year to be delivered in the operation plan; what, if any, of these costs will be covered by existing fees levied on the permittees, and unexpended surcharge revenue from prior years;
6. A proposed recommendation for a surcharge resolution establishing the surcharge amount to be levied that year on each retail sale of safe and sane fireworks in an amount not to exceed seven percent.
B. On or about September 1st of that same year, both police and fire departments must report back to the city council with an after action report. That report should include, but is not limited to:
1. An evaluation of the effectiveness of that department’s operation plan for that year including a listing of any significant fireworks-related incidents, both “dangerous fireworks” and “safe and sane fireworks”;
2. Relevant incident statistics for the period of June 17th through July 16th, and identification of fireworks related incidents;
3. A report on how many calls there were regarding suspected “dangerous fireworks,” how many of those calls either of the departments responded to, how many of those calls resulted in seizures and/or administrative fine citations. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.150 Fireworks surcharge.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.160 Wholesale storage of safe and sane fireworks.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.170 Fireworks wholesaler public education plan.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.180 Manufacture of fireworks prohibited.
No person, firm, or corporation shall manufacture fireworks of any type within the city of Seaside. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.190 Administrative fines and penalties.
A. Repealed by Ord. 1095.
B. Any person or entity who possesses, uses, stores, sells, and/or displays safe and sane fireworks on or at dates, times, and/or locations other than those permitted under this chapter are subject to an administrative fine, together with all costs of enforcement, of an amount not to exceed one thousand dollars for each such offense. Administrative fines shall be subject to the procedures established in Chapter 2.56 SMC.
C. The remedies set forth in this chapter are in addition to all other legal and equitable remedies, administrative, criminal or civil, that may be pursued by the city to address violations of this chapter.
D. The imposition of administrative fines under this section related to the use, possession, sale, or display for sale of dangerous fireworks shall be limited to persons who possess, sell, use, and/or display, or the seizure of, less than twenty-five pounds of dangerous fireworks measured by gross weight. Any person or entity who possesses, uses, stores, sells, and/or displays less than twenty-five pounds of dangerous fireworks is subject to an administrative fine, together with all costs of enforcement, of not less than one thousand dollars for each such offense.
E. Administrative fines collected pursuant to this section and related to dangerous fireworks shall not be subject to the restrictions of California Health and Safety Code Sections 12500 through 12759; however, the city shall provide Packet Page 279
Seaside Municipal Code
Chapter 8.32 FIREWORKS
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. cost reimbursement to the state Fire Marshal pursuant to regulations adopted by the state Fire Marshal addressing the state Fire Marshal’s cost for the transportation and disposal of dangerous fireworks seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted, the city shall hold in trust two hundred fifty dollars, or twenty-five percent of administrative fines collected, to cover the cost reimbursement to the state Fire Marshal for the cost of transportation and disposal of the dangerous fireworks.
F. Because of the serious threat of fire or injury posed by the use of “dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.200 Concurrent authority.
This chapter is not the exclusive regulation of fireworks within the city. It shall supplement and be in addition to other state, local, or federal laws, regulations, or ordinances and any other legal entity or agency having jurisdiction. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.210 Fees deemed debt to the city.
The amount of any fine, fee, cost or charge imposed by this chapter shall be deemed a debt to the city that is recoverable in any court of competent jurisdiction. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.211 Curfew for use of Safe and Sane Fireworks.
There will be a 10:00 p.m. curfew each evening for the use of Safe and Sane Fireworks beginning the first day of sane and sane fireworks sales at 12:00 June 28 and ending 10:00 p.m. on July 5 (the final day of sales).
Per Ordinance No. 1014 – Ordinance of the City Council of the City of Seaside. The use of Safe and Sane fireworks is permitted during that period beginning at 12:00 p.m. on June 28 and ending at 10:00 p.m. July 5 of the same year.
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ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING SEASIDE MUNICIPAL CODE SECTION 8.32
FIREWORKS TO ADD A NEW SECTION 8.32.211 DAILY CURFEW FOR
USE OF SAFE AND SANE FIREWORKS (FIRST READING - ROLL CALL VOTE) WHEREAS, the City of Seaside has regulated fireworks since 1970; and WHEREAS, in 2014 the City added Chapter 8.32 to the Seaside Municipal Code to prohibit all fireworks, but provided a narrow exception to allow the sale, use and possession of safe and sane fireworks during the period of June 28 through noon on July 5; and
WHEREAS, in 2019 and 2020, the City adopted Urgency Ordinances establishing a daily curfew for the use of safe and sane fireworks at 10:00 p.m.; and WHEREAS, there continue to be multiple complaints of noise and abuses related to the use of fireworks; and
WHEREAS, during the 2023 fireworks season, Seaside Police Department reported that use of safe and sane fireworks inhibited and obscured their ability to enforce against illegal fireworks users; and
WHEREAS, on or about October 5, 2023, the Seaside Police Department and Fire Department made a series of recommendations to assist in the enforcement against illegal fireworks, including that a daily curfew be imposed on the use of safe and sane fireworks and the City Council directed staff to pursue certain of those recommendations; and
WHEREAS, it is appropriate to amend Seaside Municipal Code (SMC) Chapter 8.32 to create a daily curfew for the use of safe and sane fireworks; and WHEREAS, amendments to SMC Chapter 8.32 adding a new provision for a curfew on the use of safe and sane fireworks. This item is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEASIDE DOES ORDAIN AS FOLLOWS:
SECTION 1. GENERAL PURPOSE AND FINDINGS
The purpose of this Ordinance is to add a new Section to Chapter 8.32 Fireworks, establishing a curfew for the use of safe and sane during the time period June 28 through July 5.
SECTION 2. PROPOSED TEXT AMENDMENT
The Seaside Municipal Code Section 8.32 shall add a new section and reference to the same as follows:
8.32.211 Daily Curfew for use of Safe and Sane Fireworks.
There will be a 10:00 p.m. curfew each evening for the use of Safe and Sane Fireworks beginning the first day of sane and sane fireworks sales at 12:00 p.m.
June 28 and ending 10:00 p.m. on July 5 (the final day of sales).
SECTION 3. SEVERABILITY
A. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provision of this Ordinance are severable.
B. The City Council hereby declares that it would have passed each section subsection, subdivision, paragraph, sentence, clause or phase thereof irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences clause or phrases be held unconstitutional, invalid or unenforceable.
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after its final passage and adoption.
INTRODUCED AND PASSED TO PRINT at a regular meeting of the City Council of the City of Seaside, State of California, on the 16th day of November, 2023.
Packet Page 282
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the __ day of _____, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
APPROVED:
__________________________
Ian M. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
Sheri L. Damon, City Attorney
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.A.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: January 18, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING THE APPLICATION FOR
GRANT FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM FOR THE SAN PABLO PEDESTRIAN
BRIDGE DEMOLITION AND RECONSTRUCTION PROJECT
RECOMMENDATION
Adopt a resolution approving the application for grant funds from the Community Development Block Grant (CDBG) Program for San Pablo Pedestrian Bridge Demolition and Reconstruction Project.
BACKGROUND
The Community Development Block Grant (CDBG) Program is administered by the U.S.
Department of Housing and Urban Development (HUD) and the funds can be used for community development and affordable housing activities that benefit low- and moderate-income (LMI) households and persons with special needs. The Notice of Funding Availability and Request for Applications for FY2024-2025 and FY2025- 2026 projects was issued on December 1st with the application deadline on Wednesday, January 10, 2024. The City of Seaside is committed to advancing equity through neighborhood investment in vulnerable parts of the City. The Public Works Engineering Division prepared and submitted an application requesting $700,000 for the San Pablo Pedestrian Bridge Demolition and Reconstruction project in the City of Seaside. If awarded, the funds would be distributed over a two-year period; $350,000.00 in Fiscal Year 2024-2025 and $350,000.00 in Fiscal Year 2025-2026.
The San Pablo Pedestrian Bridge crosses over San Pablo Avenue between Yosemite Street and Mescal Street and connects Manzanita Stuart Park and Lincoln Cunningham Park. The San Pablo Pedestrian Bridge Demolition and Reconstruction Project is Packet Page 284
Item No. 10.A. Page 2 of 3
currently in the design phase with demolition and reconstruction work currently scheduled to begin in the 2024-2025 Fiscal Year.
The estimated project cost is $3,250,000.00 which includes the $750,000 already approved fiscal year 2023/2024 budget for the design of demolition and reconstruction of the bridge and the demolition of the bridge. The $700,000 CDBG Grant funds requested would fund about 22% of the total cost.
The City Administrative Policy/Grant Management Policy and Procedures says that grant applications equal to or in excess of $10,000.00 are required to be approved by the City Council, per City of Seaside policy. The policy requires that the City Council adopt a resolution approving the filing of the application, certifying the project is consistent with the General Plan City goals and objectives, certifying the applicant has sufficient funds available to operate and maintain the project, and appointing the City Manager as agent for the project. Demolition and reconstruction of the San Pablo Pedestrian Bridge is consistent with the current General Plan Goal CFI-1, City-wide infrastructure to support existing development and future growth. This goal includes management and upgrades to the City's aging infrastructure.
The San Pablo Pedestrian Bridge Demolition and Reconstruction Project is a Capital Improvement Project, and it is consistent with the City’s policy to focus its efforts on securing grants for capital improvements.
The application was submitted online on January 10, 2024, and the award announcement is expected to be in May 2024.
Staff recommends Council adopt a resolution approving the application for grant funds for the San Pablo Bridge Project from the Community Development Block Grant (CDBG) Program.
FISCAL IMPACT
With the Fiscal Year 2023-2024 budget, $750,000 was allocated from the General Fund for the San Pablo Pedestrian Bridge Project. The anticipated total project cost is $3,250,000, and $700,000 has been requested from the CDBG program, which is about 22% of the project cost. Staff will continue to seek funding sources for the remaining amount, including through the Fiscal Years 2024-2025 and 2025-2026 budgets from General Funds.
ATTACHMENTS
1. Resolution
2. Grant Application
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Item No. 10.A. Page 3 of 3
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Meeting Date: 1/18/24
Item #: 10.A.
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CBDG) PROGRAM FOR THE SAN PABLO
PEDESTRIAN BRIDGE DEMOLITION AND RECONSTRUCTION PROJECT WHEREAS, the Community Development Block Grant (CDBG) Program provides funds from the U.S. Department of Housing and Urban Development (HUD) for community development and affordable housing activities that benefit low- and moderate-income (LMI) households and persons with special needs; and WHEREAS, the City of Seaside’s internal standard operating procedures require all grant applications for amounts of $10,000.00 and above to receive approval from the City Council prior to applying for the grant; and
WHEREAS, the San Pablo Pedestrian Bridge Demolition and Reconstruction Project includes the demolition and reconstruction of the San Pablo Pedestrian Bridge; and
WHEREAS, the estimated project cost is $3,250,000 including the $750,000 approved in the 2023/2024 Fiscal Year Budget; and
WHEREAS, grant funds requested for these phases of the project are $700,000.00, approximately 22% of the total cost, with the remaining 78%, $1,800,000.00, being funded by the General Fund; and
WHEREAS, if grant funds are awarded, the City will enter into an agreement with HUD; and
WHEREAS, the Project is consistent with the current General Plan Goal CFI-1, City-wide infrastructure to support existing development and future growth.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve the application for grant funds from the Community Development Block Grant (CDBG) Program for San Pablo Pedestrian Bridge Demolition and Reconstruction Project.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 18th day of January 2024, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
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ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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https://www.citydataservices.net/cities/salinca/sapp2024arc.pl?prop=1285&rpt=C13405 1/8 City of Seaside Application for Program Year 2024-2025
Part 1 - General Information
Legal Name of Organization
Submitting Proposal: City Seaside Engineering
Program/Project Name: San Pablo Pedestrian Bridge Demolition and Reconstruction Person Completing Application: Kirstin van Gend Title: Administrative Analyst II Direct Telephone: 831-899-6838
Email Address: [email protected]
Authorized Official: (e.g. Exec. Dir.): Nisha Patel Title: Public Works Director/City Engineer
Direct Telephone: 831-899-6884
Email Address: [email protected]
Program/Project Contact: Patrick Grogan Title: Associate Engineer Direct Telephone: 831-899-6885
Email Address: [email protected]
Authorized Contact: Patrick Grogan Title: Associate Engineer Direct Telephone: 831-899-6885
Email Address: [email protected]
Finance Contact: Victor Damiani Title: Finance Director Direct Telephone: 831-899-6818
Email Address: [email protected]
Organization Mailing Address: 440 Harcourt Ave City: Seaside Zip: 93955 Organization’s Website Address: www.ci.seaside.ca.us
Organization Telephone: 831-899-6700
Organization Fax: 831-899-178-8594
Tax ID Number: 94-6022439 9 digits, format xx-xxxxxxx
Organization DUNS Number: 09-261-8891 9 digits, format xx-xxx-xxxx Seaside Customer/Vender Number:
Type of Organization
(check all that apply): Public Agency CHDO CBDO Faith-Based What is your agency's fiscal year? July 1st - June 30th Date of your organization's most recently completed audit. (Month/Year) March 2023 Was this audit conducted in compliance with the Single Audit Act? Yes Are there any outstanding audit findings which remain unresolved? No Are you a Legal Services provider? No
Select type of Funding Requested and Type of Activity, then click to Update Application We are applying for funding from: City of Seaside
Type of Funding Requested: CDBG
Type of Activity: Public Service Other
Type of Program:
. Our proposal is for a City of Seaside project.
Amount Requested
City of Seaside CDBG $700,000
Is your organization submitting an application for multiple projects? PART 2 - PROJECT ELIGIBILITY
1. Our proposal is for a City of Seaside project.
2. Select the type of assistance you provide. 03E - Neighborhood Facilities
3. Mark the box below that indicates the national objective met:
Activities Benefiting Low and Moderate-Income Persons. 570.208(a) LMA-Area Benefit. 570.208(a)(1)
4. Eligibility location. Describe the location of your project and the boundaries/service area of the proposed activity.
Explain how the service area meets a CDBG National Objective and how low-moderate income persons will benefit from this project. Upload the map that correlates with the project eligibility description. Please limit your response to 500 words.
The San Pablo Pedestrian Bridge is located in census tract 138, block group 1. The 1-mile service area includes census tracts 135, 136, 137, 138, 139, 140, and 141.07 are also included. The percentage of the combined low and moderate-income persons for these census tracts is 53%, see attachment. The bridge is within one mile of residents in the above-listed census tracts. The bridge is used by many in the community as an accessible and safe route to several schools and parks. Not only does it directly connect Lincoln Cunningham Park and Manzanita Stuart Park, but it more broadly is part of a larger parks trail network as well as a path to several schools.
Use the HUD Mapping system at the link below to determine your census tract and block number.
Census Tracts of Program/Activity 135,136,137,138,139,140,141.07 Block Group of Program/Activity
135 (Group 1, 2, & 3); 136 (Group 1); 137 (Group 1, 2, & 3); 138 (Group 1, 2, & 3); 139 (Group 1 &2); 140 (Group 1); 141.07 (Group 1 & 3)
Low/Mod Percent of Program/Activity (from
Map)
53%
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5. Describe the population/target group your project will serve and how low and moderate-income persons will benefit.
The reconstruction of this bridge will reopen a Safe Route to school as well as make it ADA accessible for many of the vulnerable populations in Seaside including children, the elderly, and persons with disabilities. The 1-mile radius around the San Pablo Pedestrian Bridge is made up of many families who access the over 25 parks throughout the City and whose children attend the local schools. This bridge, located over San Pablo Avenue between Yosemite St. and Mescal St., is an important connection to several parks and schools. The bridge connects Manzanita Stuart Park and Lincoln Cunningham Park and just past each park are Ord Terrace Elementary School and the International School of Monterey. The bridge creates a safe path for children to access the parks as well as paths to school. This project also serves the elderly and persons with disabilities by providing an accessible path to the bridge and an accessible to route to parks and outdoor spaces. (See Attachments 30 showing locations of schools and parks in relation to the project site).
6. How will people or conditions in the community change as a result of what you do? Reconstruction of this bridge will reopen a Safe Route to school as well as make it ADA accessible which promotes a healthier community. The bridge connects two parks as well as being part of a larger park trails project.
Access to parks for the community promotes the enjoyment of the outdoors and outdoor activities, and in turn, increases participation in larger community gatherings. The bridge also provides a safe and accessible route to several schools. The boundaries of Ord Terrace Elementary and Martin Luther King Jr. School of the Arts are around the bridge and the International School of Monterey is adjacent. The Seaside Middle School and Seaside High School are both within the 1-mile service area of this project. An increase of children and families walking or biking to school not only promotes wellness but it reduces cars on the road and contributes to cleaner air.
Check if the proposed activity will:
Help prevent homelessness?
Help those with HIV or AIDS?
Help the homeless?
Help the disabled?
7. Outcome Performance Measurement
1. Please choose the most appropriate performance measurement objective Create Suitable Living Environments
2. Please choose the most appropriate performance measurement outcome.
Availability/Accessibility
PART 3 - SCOPE OF WORK
1. Short description of proposed project for which funding is requested.
In 2023 the current bridge, a beloved Seaside landmark, was deemed structurally unsound for pedestrian use. The demolition and reconstruction of the bridge is currently in design. The demolition of the bridge is schedule to be completed by the end of the 2024/2025 Fiscal Year. The reconstruction of the bridge will not only to reopen a Safe Route to school but will also make the bridge ADA accessible.
2. For each type of activity you provide, show the number served and the type of activity.
Number Served Type of Activity
28955 Demo
28955 Construction
28955 Wheel chair accessibility
3. Please list proposed activities for funding in one sentence for each activity.
Description of Activity
Activity #1 Demolition of current structurally unsound pedestrian bridge Activity #2 Reconstruction of the pedestrian bridge
Activity #3 Proposed reconstruction includes wheel chair accessible ramps and pathways
4. Provide any additional relevant description of proposed activity or project.
5. Provide a timetable for accomplishing objectives. Upload Project Timetable or complete the table below.
Description of Activity/Milestone Est. Completion Date
Design of Demolition 06/04/2024
Bid Period for Demolition 08/07/2024
Demolition Work 10/4/2024
Preliminary Design of Reconstruction 10/10/2024
CEQA for Reconstruction 2/10/2025
Final Design of Reconstruction 5/8/2025
Bid Period for Reconstruction 8/18/2025
Reconstruction Work 12/21/2026
6. If this is a new project, describe how you will reach out to the proposed beneficiaries? Upload your outreach plan. If not available at time of application, the plan will be required to be submitted if your project is funded prior to disbursement of HUD funds.
The project was approved by the City Council. The public will have an opportunity for input on the design at a City Council Meeting and a public information meeting held at the site. Notice to bidders will be advertised in the Monterey County Weekly. Upon award of a contract, notices will be sent to residents within 300 feet of the project as well as posted on our website and social media.
7. How will you measure the effectiveness or impact of your project in meeting the needs of the persons assisted with these HUD funds?
The impact of the project is the reopening of a Safe Route to school and the addition of an ADA-accessible route.
These improvements will expand the access that the community members have to safe and accessible routes to Packet Page 290
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8. How will the proposed activity or project directly respond to the Corona Virus Pandemic? For example, Agency C may have provided emergency food assistance for x-persons in calendar 2022.
Because of economic dislocation in 2023, demand for emergency food assistance increased to y-persons, a z-% change, in 2023.
NA
9. Explain how the proposed activity or project will meet the corona virus objectives of: prevention, preparation for, and/or response.
For example, Agency B expanded their Senior food delivery program to deliver meals to seniors sheltering in place as a proactive measure to prevent exposure to the Coronavirus.
NA
10. Eligible services are those that are new or a quantifiable increase in the level of service precipitated by COVID19. If the proposed activity or project relates to an existing program or activity prior to the Corona Virus Pandemic, explain the increase in the level of service or the new activities that meet coronavirus objectives.
NA
11. Explain how your organization will avoid duplication of benefits? No duplication of benefits. The bridge project is replacing a bridge already at this location. The bridge is a safe mid-block pedestrian crossing allowing pedestrians to cross over the street while completely avoiding traffic. There is no other crossing like this in the nearby area.
PART 4 FUNDING AVAILABILITY
The right to fund the proposed project is at the funders' discretion. Be advised that your project may be based on funding availability and be partially funded. Please explain how your organization would be able to adapt the proposed activity should your organization receive less than requested funding. Please also explain how the provision of CDBG funds will serve to increase the level of service above and beyond what would be possible without the use of CDBG funds.
The City allocated $750,000 in FY 23/24 from General Funds towards this Capital Improvement Project which will primarily be used for the design of demolition and reconstruction but also to partially fund the demolition work.
Should we be awarded the CDBG funds for the rest of the demolition and reconstruction work, this will incentivize the City Council to allocate the required remaining funds in the upcoming budgets. Without CDBG funds, the City may delay the reconstruction of the bridge depending on other budget needs in the City.
PART 5 CONFORMENCE WITH CONSOLIDATED PLAN
1. Describe how the need for the activity or project was determined? Attach a needs assessment, market study, or other documentation demonstrating project need.
In December 2022 the City contracted with Whitson Engineers to complete an inspection of the San Pablo Pedestrian Bridge. The bridge was constructed in 1960 and has been evaluated as part of its useful life by a registered civil engineer. The consultant's inspection found the bridge to be structurally unsound for pedestrian use.
Staff reviewed the option of repairing the bridge which still left risks and did not address ADA compliance issues.
City Council therefore approved moving forward with the replacement of the bridge and pathway.
2. Identify which of the following City of Seaside Consolidated Plan Priority Needs will be met. (Please refer to page 83 of the Consolidated Plan.)
Access to community services (youth and senior services are priority services) Provde quality infastructure (includes construct/upgrade public facilities) Improve accessibility for persons with disabilities
Promote beautification (CDAC preferred not to use the term "blight") Assist microbusinesses
3. Describe how you will meet the need identified above.
Reconstructing the bridge will reopen a Safe Route to School and create an ADA-accessible route for the community to local parks and schools. Specifically, this route gives access to children, elderly, and persons with disabilities to our park systems which often host events through local nonprofits and the City's Recreation Department. The bridge is part of the Safe Route to School, currently out-of-service, providing access to schools that offer many services to the children in the community beyond the required education programs. The reconstruction of the bridge will also improve accessibility for persons with disabilities. Lastly, the current bridge built in 1960 is a beloved Seaside landmark and the reconstructed bridge will continue in that vein, celebrating and beautifying the City of Seaside. The intention is to include artistic features or artwork in the design of the bridge.
4. Which one of the following City of Seaside Consolidated Plan Goals will you meet? Provde quality infastructure (includes construct/upgrade public facilities)
5. Describe how you will meet the goal identified above.
The current San Pablo Pedestrian Bridge built in 1960 is well-loved in the community as a landmark, however, an inspection of the bridge in 2022 resulted in its closure due to being structurally unsound for pedestrian use. Not only is it loved in the community it was frequently used as a safe crossing to schools and parks. By demolishing the current unsafe bridge and reconstructing a safe and accessible bridge we are upgrading public facilities and providing quality infrastructure to the community.
PART 6 RELATIONSHIP TO EXISTING PROGRAMS
1. Leveraging: Complete the table below, using one line for each funding source used in the program/project that you are applying for.
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Indicate if the funds are restricted or may be used for any type of program/project cost.
In column (A), enter the amount (all or part) that is on-hand at the time of application.
In column (B), enter the amount (all or part) that has been committed (in writing) but not yet on-hand.
In column (C), enter the amount (all or part) that has been pledged or awarded, but not yet formally awarded.
Column (C) may also include planned amounts to be contributed from your agency's annual operating budget including fund-raising revenue.
Your requested CDBG funds is copied from your entry in Part 1 You must provide supporting documentation in the attachments section for all onhand and committed funding.
Source Restricted
Use?
Total
Amount
OnHand(A)
Amount
Committed
(B)
Amount
Pledged
(C)
On-Hand
Plus
Committed
% On-Hand
Plus
Committed
City of Seaside No $750,000 $750,000 $0 $750,000 100%
State/Local
Funds
TOTAL $1,450,000 $750,000 $0 $700,000 $750,000 52%
Leveraging Ratio 48%
2. Describe how you will leverage the funds you are requesting. Specifically describe other funding sources, collaboration with other service providers, and in-kind services. Please note any restrictions on the use of other funds.
The City of Seaside is using general funds for the project in Fiscal Year 2023/2024 which will cover the costs of the design of demolition and reconstruction as well as part of the costs of the demolition work. The requested funds will assist in funding the demolition work as well as contribute towards the reconstruction of the bridge. The design work being fully funded allows the demolition and reconstruction work to move forward once funding is secured.
City Council has shown strong interest in funding this project in upcoming years and staff continue to look for other funding sources.
3. Describe your existing or proposed collaborative efforts for addressing Program/Project need. Please include names of all partnerships and define the roles and responsibilities of these partners. If you have no collaborative partners, explain how you propose to coordinate your services with other community agencies in order to leverage resources.
The City will look for other Grant opportunities to fund the demolition and construction portion of the project along with general funds if approved by the City Council in the upcoming budgets.
PART 7 ORGANIZATIONAL CAPACITY AND EXPERIENCE
1. Please outline your organization's purpose. Include how long the organization has been in operation, mission statement and current business plan, if applicable.
The City of Seaside was founded in 1887 and incorporated in 1954. The vision statement is 'Seaside is a vibrant, proudly diverse, energetic and safe community, with extraordinary natural beauty, quality of life and economic opportunities'.
2. List the locations of all facilities, and days and hours of operation.
City Hall, 440 Harcourt Ave. Seaside, CA 93955. Various other locations such as parks, corporation yard, recreation centers, various lands and properties, and utility and service facilities all dispersed throughout the City.
Facility hours vary based on the services provided to the public. Park facilities hours are dawn until dusk. Lighted sports field hours vary by permitted use.
3. Describe internal administrative controls to be used, including financial record-keeping procedures and management controls. Upload copy of financial policies.
NA
4. Describe how your agency will adhere to the procurement provisions under 24 CFR Part 85 or 84. Upload copy of your procurement policies. See http://portal.hud.gov/hudportal/HUD?src=/program_offices/cpo/grantee for more information.
The City has procurement policies in place and has resources to ensure it remains in compliance with 24 CFR Part 85 or 84, as applicable.
5. Describe the record-keeping system to be used to maintain program data.
The City utilizes City data services and will be using consulting services for construction management and inspection services and labor compliance for the the project.
6. Describe your agency's process for verifying beneficiary eligibility and attach copy of all intake forms.
NA
7. Describe the mechanisms to be used to fulfill responsibilities regarding federal cross-cutting regulations that may apply (e.g. non-discrimination, equal employment opportunities, and other local, state and other federal requirements). If applicable, provide copy of existing administrative and/or program policies.
The contract documents will have the requisite requirements provided in the contract specifications.
8. Describe how your agency evaluates the effectiveness of the activity to be funded. Please include a copy of any recent evaluations, internal or external, of the agency's programs. Attach copies of all intake forms and data collection tools that will be used to verify achievement of program goals and objectives. Specify the staff person (name/title) who will be responsible for monitoring progress.
The City will inspect the progress of the construction and will have an inspector onsite during the construction. The inspector will be on hand to perform all geotechnical and structural work inspections and to ensure accessible features are constructed and installed properly. Associate Engineer, Patrick Grogan, is the staff member responsible for monitoring progress.
9. Describe the capacity of your organization to carry out the proposed activity, including the ability to quantify and Packet Page 292
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The City of Seaside's Engineering Division is the primary department for this application and will perform the San Pablo Pedestrian Bridge Demolition and Construction project administration activities. City staff has the resources and support to ensure the project is completed efficiently. City Staff has experience with grant-funded projects, including federal, state, and local grants, and has experience in executing a project of this type and size. The City will also contract with consultants with the required expertise needed.
10. Please complete the table below, which should encompass your full projected Agency FY24-25 budget.
Program
Staff
(Personnel) Supplies Equipment Overhead CapitalImprovements Total City of Seaside Application $700,000 $700,000
City of Seaside General
Funds
$1,800,000 $1,800,000
TOTAL $0 $0 $0 $0 $2,500,000 $2,500,000
Total Budget less capital improvements $0
Application progam percent
11. Please list previous grants/awards received from City of Seaside Program Year Project
Amount
Funded
City of Seaside
FY 2022-2023 Cutino Park Improvement Project, Part 2, Phase 2 $250,000 FY 2021-2022 Cutino Park Improvement Project, Part 2, Phase 2 $250,000 FY 2020-2021 Ellis Park Improvements Project $112,487
FY 2019-2020 FY 21/22 Ellis Park $266,045
FY 2018-2019 Wanda Ave. Sidewalk Improvement/Cutino Park Bleacher & Drinking Fountain
$125,000
12. Describe your past experience with grants from the City of Seaside. If there were performance issues, please describe the steps you have taken to correct them
The most recent experience is for the Cutino Park Improvement Project, Part 2, Phase 2, funded partially by CDBG funds. The experience has gone well as the staff planned accordingly to hire consultants to assist with the HUD requirements. The project is scheduled to be completed in January 2024 and includes the addition of picnic benches thanks to additional funding from the Seaside Neighborhood Improvement Commission in November 2023.
Part 8 - For CDBG Funds
12. Our proposal is for a City of Seaside project.
1A. Please identify the types of facilities:
Infrastructure (Please specify, e.g. drainage)
If you selected Infrastructure or Other, please explain: Pedestrian Bridge 1B. Please identify the types of Improvements
Other Improvements, explain
If you selected Other, please explain: Reconstruction to improve safety and include ADA accessibility
2. Complete applicable items for all public facility and infrastructure projects (including acquisition, rehabilitation and demolition). a. Who is the legal owner of the property?
Owner Name: City of Seaside
Owner Address: 440 Harcourt Avenue
Phone Number: 831-899-6700
Email Address, if applicable:
b. If your organization is pursuing site control, please upload a Timeline that demonstrates when firm site control will be obtained and include all documents issued by your organization pursuing site control.
Indicate the final owner of the property.
Owner Name: City of Seaside
Owner Address: 440 Harcourt Avenue
Phone Number: 831-899-6700
Email Address, if applicable:
c. Indicate if there are structures on the property Yes If Yes, will the structures be demolished? Yes
If Yes, are the structures currently occupied? No
d. If there are occupied structures on the property and the proposed project involves temporary or permanent relocation of residents or businesses a Relocation Plan is required. Has a Relocation Plan been prepared?
No
Comments or Explanations
The structure is a pedestrian bridge that does not have occupants. e. Square footage of existing building, proposed building or building addition? 1,000 square
feet
f. Square footage of construction site parcel?
1,200 square
feet
g. Service capacity of the existing facility? Pedestrian travel
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i. Has a Capital Needs Assessment been prepared? Yes
j. If a Capital Needs Assessment has not been prepared, please explain why:
In December 2022 a Bridge Inspection Report and Bridge Condition Assessment was completed that provided details on the failing conditions of the bridge and outlined potential remedy options. j. Age of Structure? (Please cite data source used to determine age of structure.) Built in 1960 k. Historic Status of Structure?
Listed in the National Register of Historic Places
If this box was selected, please provide accurate title of listed structure:
Listed as a California Historic Landmark
If this box was selected, please provide accurate title of listed structure: 0 Listed as a local Historic and Architectural Resource
If this box was selected, please provide accurate title of listed structure:
Other, please explain:
None of the above
3. Cost-per-Beneficiary for this project(CDBG Request/CDBG Beneficiaries)=$ CDBG Request CDBG Beneficiaries Total Cost-per-Beneficiary $700,000 28,955 $24.18
4. If proposed project involves construction work over $2,000 or rehabilitation of 8+ units (applies to rehab. of residential property if such property is designed for residential use for 8 or more families), explain how your organization will meet the Davis-Bacon Labor Standards in the space below. Provide names of prior developments subject to Davis-Bacon and upload supporting documents demonstrating how compliance will be achieved(e.g., construction contracts, existing agency administrative policies ).
The City of Seaside regularly performs projects with prevailing wage rates, and has experience with federally funded projects subject to Davis-Bacon rates. A consultant will be performing labor compliance during the construction of this project.
a. List name of person who will administer your Davis-Bacon compliance:
Name/Title: City Engineer
Phone Number: 831-866-6835
Email Address: [email protected]
Previous Experience with Davis-Bacon: yes
b. Provide prior related experience (e.g., list other developments, projects, trainings) City staff has attended Davis-Bacon Labor Standards webinars and training conducted by HUD. City of Seaside with the assistance of a consultant will be monitoring labor compliance for this project.
5. Has proposed project undergone any form of environmental review process? Please review HUD's Environmental Review information and the California Office of Historic Preservation website.
No
All HUD funded activities/projects will require an environmental review record.
6. Lead-Based Paint Compliance. Describe how your organization will address hazards that may be associated with the proposed project.
The National Analytical Laboratories will screen the bridge paints for lead-based paint and issue a memorandum with the findings. Should hazardous material be found, the design consultant will include the required compliance into the demolition design.
7. Have preliminary design sketches been completed for the proposed project? If yes, please attach copies (must be to scale, preferably copied on 8 ½ x 11 sheet) in the attachments section.
No
8. As required by the Federal Office of Management and Budget (OMB) and HUD, describe how the overall project budget is cost effective and reasonable for the anticipated result.
As stewards of public funds, staff will work closely with design consultants to ensure that the needs of the community are met in the most cost-effective way possible. The City plans to use specific construction phasing and prefabricate bridge structures to reduce the overall costs of the project.
For Housing and Facilities programs, enter below your requested Project funding below for the 2 year period including FY 2024 & FY 2025. Include in the Timeline and Milestones section of this application the time frame when you will be spending the requested funds. Projects should be "Shovel-Ready", and amounts funded must be used before the end of the period applied for.
Please complete the Development Budget, or an excel spreadsheet can be uploaded in lieu of completing Worksheet No. 3.
Use one of the "Other" boxes in the Attachment section to upload this worksheet.
NOTE: If you upload a spreadsheet, you must ALSO enter HUD Funds Requested in this table.
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https://www.citydataservices.net/cities/salinca/sapp2024arc.pl?prop=1285&rpt=C13405 7/8 Worksheet # - Development Budget
(This worksheet should reflect HUD funds requested)
HUD Funds
Requested Federal State Other Private
General Development Costs
Construction Loan Interest
Real Estate Taxes During Construction
Builders Insurance Liability
Financing Fees
Legal Fees
Title & Recording Expenses
Organizationl Expenses
Rent-up & Marketing
Other - # of lines needed:
Total General Development Costs $0 $0 $0 $0 $0
Construction Costs
Structure
Project Amenities
Site Preparation
Off-Site Improvements
Other - # of lines needed: 3
Design & Contractor Costs FY23/24 $0 $750,000
Contractor Costs FY 24/25 $350,000 $1,400,000
Contractor Costs FY 25/26 $350,000 $400,000
Total Construction Costs $700,000 $0 $0 $2,550,000 $0
Construction Fees
Impact Fees, Permits, School Fees
(attach schedule identifying costs by type
& amount)
Bond Premium
Architectural/Engineering
Developer Fees
Other - # of lines needed:
Total Construction Fees $0 $0 $0 $0 $0
Equity / Financing
Up Front Land Payment
Total General Development Costs $0 $0 $0 $0 $0
Total Construction Costs $700,000 $0 $0 $2,550,000 $0
Total Construction Fees $0 $0 $0 $0 $0
Developer Equity/Fee
Total To Be Financed
First Mortgage Amount
Total Equity/Financing Fees
TOTAL DEVELOPMENT COST $700,000 $0 $0 $2,550,000 $0
Total Project Financing $3,250,000
Attachment Link or Explanation for Missing Attachments
1 HUD Agency Certification - Download this document, complete it, and upload to this item.
Attach_1_-_Agency_Cert.pdf
2 Federal and State Tax Exemption Determination Letters/Non-Profit Certification (e.g., IRS 501C (3) Letter)
City of Seaside Project
3 Articles of Incorporation/Bylaws https://www.codepublishing.com/CA/Seaside/ 4 Certificate of Good Standing with the State (http://kepler.sos.ca.gov/) City of Seaside Project 5 Organizational Chart https://www.ci.seaside.ca.us/DocumentCenter/View/14091/Adopted-Budget-FY2023-24 6 List of Current Board Members [with titles, contact data (i.e., telephone, email, address) and current terms]
https://www.ci.seaside.ca.us/149/Mayor-City-Council
7 Resumes of Program Administrator and Fiscal Officer City of Seaside Project 8 Evidence of Insurance/Fidelity Bonding/Worker's Compensation City of Seaside Project 9 Audited Annual Financial Statements covering 2 Years https://www.ci.seaside.ca.us/190/Financial-Statements 10 Signed Authorization to Request Funds (usually Executive Director or Board of Directors)
City of Seaside Project
11 Designation of Authorized Officials (usually Executive Director or Board of Directors)
City of Seaside Project
12 Conflict of Interest Policy City of Seaside Project
13 Project Team Experience and Qualifications City of Seaside Project 14 Project/Activity Timeline Timeline outlined in Section 2, item #5 15 Financial Policies City of Seaside Project
16 Procurement Policies https://www.codepublishing.com/CA/Seaside/#!/Seaside03/Seaside0304.html 17 Eligibility Intake Forms or Data Collection Tools (which should include Race and Ethnicity data fields as required by The Federal Office of Management and Budget (OMB)
City of Seaside Project
18 Project/Activity Support Letters Attach_18_-_ISM_Support_San_Pablo_Bridge.pdf Attach_18_-_MPUSD_CDBG_Letter_of_Support.pdf
Attach_18_-_BlueZone_Letter_of_Support_San_Pablo_Ped_Bridge_SEASIDE.pdf 19 Program Evaluations Attach_19_-_2023_05_23_San_Pablo_Ped_Inspection_Report_Final.pdf Packet Page 295
1/10/24, 4:45 PM City Data Services - Seaside, CA
https://www.citydataservices.net/cities/salinca/sapp2024arc.pl?prop=1285&rpt=C13405 8/8 20 Outreach Materials Attach_20_-_Item_7B_San_Pablo_Pedestrian_Bridge_Project_Update.pdf Attach_20_-_Outreach_Process_Information.pdf
21 Evidence of Project Support/Community Outreach (written endorsements, when available)
Attach_21_-_Council_Meetings.pdf
22 Limited English Proficiency (LEP) plan and/or equal access (Section 504) plan. See HUD FAQs on LEP and HUD information on Section 504 for sub-grantees City of Seaside Project
23 Employee Handbook City of Seaside Project
24 Record Retention Policies Attach_24_-_RECORDS_RETENTION_POLICY.PDF 25 Federal Tax Form 990 City of Seaside Project
26 State Tax Form 199 City of Seaside Project
27 Rental/Lease Agreement (if applicable) No rental or lease required 28 Cost Alocation Plan Attach_28_-_Seaside_Full_CAP_FY2020.pdf Attach_28_-_Seaside_2CFR_200_CAP_FY2022.pdf
29 Other Site Plan Attach_29_-_San_Pablo_Bridge_Site_Area.pdf 30 Other Maps Attach_30_-_Census_Data_final.xlsx
Attach_30_-_Final_map_-_census_tracts_close-up.JPG
Attach_30_-_Project_Map_with_schools.JPG
Attach_30_-_Parks_in_Service_Area.png
31 Other
Program Manager Signature Kirstin van Gend
Date Signed 01/10/2024
Initially submitted: Jan 10, 2024 - 16:44:30
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.B.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: January 18, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING PG&E TO DONATE CITY OF SEASIDE "RULE 20A" WORK CREDITS IN THE AMOUNT OF
$447,072.00 TO THE COUNTY OF MONTEREY FOR THE CARMEL
VALLEY ROAD PHASE 3, RULE 20A UNDERGROUND UTILITY
DISTRICT NO. 15
RECOMMENDATION
Adopt a resolution authorizing PG&E to donate City of Seaside Rule 20A work credits in the amount of $447,072 to the County of Monterey for the Carmel Valley Road Phase 3, Rule 20A Underground Utility District No. 15
BACKGROUND
Rule 20 is a program that undergrounds power lines and facilities at the request of third parties, and specifically, the Rule 20A subprogram is for local governments. The utility companies annually allocate Rule 20A work credits to cities and unincorporated counties to redeem for their undergrounding project costs. These work credits can be applied to an undergrounding project that is in the public interest and meets specific criteria (including, not limited to):
Elimination of unusually heavy concentration of overhead electric facilities/heavy volume of pedestrian or vehicular traffic
The street has limited/impeded wheelchair access that is not compliant with the Americans with Disabilities Act (ADA); and
The street is deemed to be an arterial street or major collector as defined by the California Department of Transportation (CalDOT).
In 2017, the California Public Utilities Commission began an official review of the Rule 20 program due to several issues including inequities in the program; lack of Packet Page 297
Item No. 10.B. Page 2 of 3
transparency; no program mechanisms to incentivize timely, cost-efficient project completion; and public interest criteria that no longer aligned with goals of undergrounding and CPUC directives of reliability and safety. In June 2021, CPUC ruled to discontinue approval of new Rule 20A work credits for allocation after December 31, 2022, and in June 2023 the CPUC ruled to discontinue Rule 20A to prevent ratepayers from funding inefficient and inequitable infrastructure investments. Any Rule 20A work credit that has not been allocated to a community with an Active Rule 20A Project within two years of the effective date of the decision, shall be deemed expired. Any Rule 20A work credit that has not been deducted from a community’s work credit balance by December 31, 2033, shall be deemed expired.
As of December 2023, the City of Seaside has a work credit balance of $447,072 from PG&E. All the credits are inactive credits. The City does not currently have an active underground district project. The cost estimate for undergrounding power lines is $2,000 per linear foot, and the minimum distance to underground for a 20A project is one city block or 600 feet, whichever is less, which puts the project cost at over $1,000,000 at a minimum. The program does not allow the use of 20A credits as part of another project or as part of a different Rule 20 program. So, a project with a distance of one block or 600 feet can only be funded with 20A credits. It cannot be partially funded with City funds or any other funds to be eligible as a Rule 20A project. The funding is not the only barrier to creating an underground district. PG&E has confirmed that any new projects not already in their work-plan are unlikely to be completed before the program sunsets on December 31, 2033, at which time the credits expire.
PG&E is currently working on a reallocation plan to reallocate all inactive work credits by 2025 per CPUC’s ruling. Typically, a city would not have a say in where their inactive work credits are allocated. However, CPUC does have an exception for intra-county donations of work credits from cities and towns within the county to a county government. Staff is recommending the City Council approve a resolution donating the City of Seaside's $447,072 Rule 20A work credits to the County of Monterey for their ongoing Carmel Valley Road Phase 3, Rule 20A Underground Utility District No. 15 (Project).
The City is proposing to donate funds to the County of Monterey Carmel Valley Road Phase 3, Rule 20A Underground Utility District No. 15 Project. The project will underground the overhead utilities on poles along a 3.1-mile section of Carmel Valley Road between Garland Regional Park and Pilot Road, with an estimated construction cost of approximately $8.9 million. Rule 20A requires that the direct cost of undergrounding utilities on streets in commercial and industrial areas must be borne by the utilities involved. The County must fund all costs to perform any required support activities, e.g., staff and consulting costs for project administration, surveying, and preparation of boundary map and Project base maps, environmental review and mitigation, acquisition of any required easements and property rights of entry, and construction liaison with the utility companies and the community. County staff estimate Packet Page 298
Item No. 10.B. Page 3 of 3
project support costs at twenty-five percent (25%) of construction costs. The donated 20A credit from the City of Seaside will cover Project costs for management, design, and construction of the project.
FISCAL IMPACT
The recommended action will have no financial impact to the budget.
ATTACHMENTS
1. Resolution
2. Monterey County Project Information
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 299
Meeting Date: 1/18/24
Item #: 10.B.
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING PG&E TO DONATE CITY OF SEASIDE RULE 20A WORK CREDITS IN THE AMOUNT OF $447,072 TO THE COUNTY OF MONTEREY FOR THE CARMEL VALLEY ROAD PHASE 3, RULE 20A UNDERGROUND UTILITY DISTRICT NO. 15
WHEREAS, the Rule 20A subprogram for local governments allowed utility companies to annually allocate work credits towards the cost of power line undergrounding projects; and
WHEREAS, the Pacific Gas and Electric Company has allocated $447,072 of work credit to the City of Seaside as of December 2023; and
WHEREAS, in June 2021, the California Public Utilities Commission (CPUC) ruled to discontinue approval of new Rule 20A work credits for allocation after December 31, 2022; and
WHEREAS, the CPUC approved to sunset the Rule 20A subprogram with all credits expiring on December 31, 2033; and
WHEREAS, the Rule 20A allows utilities to reallocate work credits from an inactive community to a community with an active project; and
WHEREAS, the City of Seaside does not have an active undergrounding project nor are their sufficient work credits to start a new project, and has been told that PG&E cannot complete a new project before December 31, 2033; and WHEREAS, the California Public Utilities Commission has allowed for cities to donate their work credits to the County which they are within; and WHEREAS, the County of Monterey has an active undergrounding project along Carmel Valley Road.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorizes Pacific Gas and Electric Company to donate City of Seaside Rule 20A work credits in the amount of $447,072 to the County of Monterey for the Carmel Valley Road Phase 3, Rule 20A Underground Utility District No. 15.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 18th day of January, 2024, by the following vote:
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-2
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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Board Report
Monterey County
Board of Supervisors
Chambers
168 W. Alisal St., 1st Floor
Salinas, CA 93901
Legistar File Number: A 21-496 November 02, 2021
Item No.
Introduced: 9/24/2021 Current Status: Agenda Ready
Version: 1 Matter Type: BoS Agreement
a. Approve and authorize the Director of Public Works, Facilities, & Parks (PWFP), or designee to sign the following Agreements with Pacific Gas and Electric Company (PG&E) for the Carmel Valley Road Phase 3, Rule 20A Underground Utility District No. 15 (Project), located in Carmel Valley along Carmel Valley Road between Garland Regional Park and Pilot Road:
1) General Conditions Agreement to Perform Work Pursuant to PG&E Electric Rule 20A for Replacement of Overhead with Underground Electric Facilities. 2) Agreement to Perform Tariff Schedule Related Work for Rule 20A Electric Panel Service Conversion.
3) Letter of Streetlight Agreement.
4) Wheelchair Access Consideration; and
b. Authorize the Director of PWFP, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to additional associated agreements related to the Project, and any future amendments to said Agreements, subject to approval as to form by the Office of the County Counsel, which may be necessary for completion of the Project.
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Director of Public Works, Facilities, & Parks (PWFP), or designee to sign the following Agreements with Pacific Gas and Electric Company (PG&E) for the Carmel Valley Road Phase 3, Rule 20A Underground Utility District No. 15 (Project), located in Carmel Valley along Carmel Valley Road between Garland Regional Park and Pilot Road:
1) General Conditions Agreement to Perform Work Pursuant to PG&E Electric Rule 20A for Replacement of Overhead with Underground Electric Facilities. 2) Agreement to Perform Tariff Schedule Related Work for Rule 20A Electric Panel Service Conversion.
3) Letter of Streetlight Agreement.
4) Wheelchair Access Consideration; and
b. Authorize the Director of PWFP, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to additional associated agreements related to the Project, any future amendments to said Agreements, subject to approval as to form by the Office of the County Counsel, which may be necessary for completion of the Project.
SUMMARY:
Rule 20A is an electric tariff filed with the California Public Utilities Commission (CPUC) which provides credits towards Pacific Gas & Electric Company (PG&E) utility undergrounding work throughout the State. Projects performed under Rule 20A are nominated by a city, county or Monterey County Page 1 Printed on 10/25/2021
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municipal agency and discussed with PG&E, as well as the other affected utilities (e.g., telephone, cable, fiber optic, water, and sewer). To date, PG&E has approved Monterey County undergrounding projects in Moss Landing and Carmel Valley. A third undergrounding project in Carmel Highlands is also under development. The Moss Landing Area Rule 20A and 20B Underground Utility District (UUD) No. 14 project is nearing completion, and the County is preparing to begin efforts on undergrounding work for the Carmel Valley Area Rule 20A UUD No. 15 (Project).
The Project was originally established on July 30, 2013 by the Board of Supervisors. On December 8, 2020, the BOS adopted Resolution No. 20-406 to: a.) extend the time to complete underground installation of wires and facilities for supplying electricity, communications, or similar or associated services by utility companies and reconnection in the Project to December 31, 2027; and to b.) extend the time to complete removal of poles, overhead wires, and other associated overhead structures in the Project to May 31, 2028, to maintain credit eligibility.
DISCUSSION:
On July 30, 2013, the Board of Supervisors adopted Resolution No. 13-273 to create the Project.
The current Rule 20A Program credit allocation for the County is $9,015,488 which includes the allocations for 2022. Credits may be reduced due to additional charges for Moss Landing UUD No.
14. Recently, the CPUC issued a recommendation to sunset the Rule 20A Program in 2021 and discontinue annual credit allocations, thus no further allocations will be given going forward. In accordance with the program guidelines, if a project is ongoing, PG&E will approve use of existing available credits for project completion even if a project continues beyond the Rule 20A Program sunset date.
The Project consists of a 3.1-mile section of Carmel Valley Road with an estimated construction cost of approximately $8.9 million. The cost is based on an annual escalation of the original $7.4 million estimate from 2013. Rule 20A requires that the direct cost of undergrounding utilities on streets in commercial and industrial areas must be borne by the utilities involved. The County must fund all costs to perform any required support activities, e.g., staff and consulting costs for project administration, surveying, and preparation of boundary map and Project base maps, environmental review and mitigation, acquisition of any required easements and property rights of entry, and construction liaison with the utility companies and the community. County staff estimates Project support costs at twenty-five percent (25%) of construction costs. However, right-of-way costs will not be known until preliminary mapping is complete, which may increase overall support costs. Original support cost projections in 2013 were based on the understanding that undergrounding would follow other encroachment work with low right of way and permitting costs. Completion of the Moss Landing Undergrounding project has given County staff a much better understanding of the extensive California Environmental Quality Act (CEQA) documentation, permitting and construction management work that will be required.
County staff has adjusted projections accordingly.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has reviewed the proposed agreements as to form. The Auditor-Controller’s Office has reviewed and approved the proposed General Conditions Agreement Monterey County Page 2 Printed on 10/25/2021
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as to fiscal provisions. County staff has been working closely with PG&E to update Project milestones. County staff is also working with involved utility companies, including AT&T, Inc., PG&E, and Comcast Corporation to coordinate the Project timeline.
FINANCING:
The recommended actions will have no financial impact to the General Fund. However, County matching funds will need to be identified before any undergrounding work on the Project can begin.
Rule 20A funding to cover the estimated undergrounding work costs from PG&E does not cover County incurred Project costs for management, design, etc. The County will need to identify a source for the matching funds required to complete the Project. This Project is not eligible to utilize Road Fund sources. Options for addressing the funding gap will be addressed in a separate staff report to the Board as the Project construction phase becomes imminent.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
The Project meets the BOS’ Strategic Initiatives for improved infrastructure and increased public safety by reducing the likelihood of fire and other disaster associated with above ground electrical wiring. Moving PG&E utility lines underground in an area adjacent to difficult terrain where wildfires can spread rapidly will improve community safety.
Economic Development
Administration
Health & Human Services
X Infrastructure
X Public Safety
Prepared by: Bonnie Perez, Management Analyst II (831) 759-6906 Dalia Mariscal-Martinez, Management Analyst III
Reviewed by: Chad Alinio, PE, Senior Civil Engineer
Tom Bonigut, PE, Interim Assistant Director of Public Works, Facilities, & Parks Approved by: Randell Ishii, MS, PE, TE, PTOE, Director of Public Works, Facilities, & Parks The following attachments are on file with the Clerk of the Board:
Attachment A - General Conditions Agreement
Attachment B - Agreement to Perform Tariff Schedule Related Work Attachment C - Letter of Streetlight Agreement
Attachment D - Wheelchair Access Consideration
Attachment E - Project Map
Monterey County Page 3 Printed on 10/25/2021
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