Seaside City Council
February 6, 2025

In November 2020, in order to address the critical need for more housing in the City, the City Council passed a series of four Resolutions intended to facilitate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) within the City of Seaside by allocating five acre-feet of water from the City's Water Allocation Program and establishing the conditions under which that water could be provided to a particular project. At this meeting the Council adopted an Ordinance amending Section 13.24.025.C to provide that any ADU or JADU project making use of the water allocation would be required to obtain and pay a fee for a water release Packet Page 356

Item No. 9.I. Page 2 of 2
permit, at a fee to be provided by Resolution, unless the applicant agreed to deed restrict the ADU or JADU to only be rented or used by persons meeting low or very-lowincome thresholds. The intention of this program was to provide a financial incentive for project applicants to dedicate their ADU or JADU as an affordable unit.

On November 19, 2020, the Council adopted Resolution 20-99 which set the fee for a water release permit at $2,500 per fixture unit if no deed restriction was provided. On July 6, 2023, the City Council adopted a follow-up Resolution to clarify that this fee and fixture limit applied to projects located in the service areas of both the California American Water Company and the Seaside Municipal Water District.

To date, all ADU and JADU projects have elected to pay the fee rather than designate the unit as affordable. Depending on the number of proposed and existing fixtures, water release permit fees can be range from $250 to $17,000. The fee for a water release permit therefore can represent a significant cost for applicants wishing to construct a new ADU or JADU. Water provided to other projects is not subject to the requirement to obtain a water release permit nor pay any fee to obtain the water.

In order to reduce costs related to permitting for ADUs and JADUs, and to bring water allocations for ADUs and JADUs into alignment with practices related to water allocations for other project types, staff recommends that the water release permits and the associated fee be eliminated. In the immediate term, staff's recommendation is that the City Council designate that there is no charge to obtain a water release permit.

This will have the effect of immediately ending the collection of fees and enabling projects to move forward without this additional cost. Staff will examine the appropriateness of revising the Ordinance as well and will report back to the Council at a later time.

FISCAL IMPACT
The reduction of water permit fees to no charge would result in a reduction to City revenues equal to $2,500 per fixture unit of water allocated for ADUs. This reduction of revenue is not expected to significantly impact City operations.

ATTACHMENTS

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

________________________________________
Craig Malin, Interim City Manager
Packet Page 357
Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE TO MODIFY

THE FEE FOR WATER RELEASE PERMITS FOR ACCESSORY DWELLING UNITS WHEREAS, Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”) are a critical form of infill development that can be affordable and offer important housing choices for property owners; and
WHEREAS, affordable housing is a priority in the city and ADUs and JADUs provide housing opportunities for low income and very low income renters; and WHEREAS, Section 13.24.025.C of the Municipal Code allows the City Council to set the fee for water release permits; and
WHEREAS, on November 19, 2020, the Seaside City Council adopted Resolution 20-99 setting a water release permit fee of $2,500 per fixture unit based upon the most recently available charges assessed by neighboring cities; and WHEREAS, on July 6, 2023, the Seaside City Council adopted Resolution 23-111 to clarify that Resolution 20-99 was applicable to the service areas of both the California American Water Service Company and the Seaside Municipal Water District; and WHEREAS, the City Council desires to facilitate the development of ADUs and JADUs by reducing costs associated with obtaining water release permits for ADUs and JADUs.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside hereby changes the water release permit fee for ADUs and JADUs to $0.00, effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 6th day of February, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

ATTEST: ________________________
Ian N. Oglesby, Mayor
City of Seaside
_____________________________
Dominique Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.J.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Samantha Alcaraz, Human Resources Director/Risk Manager DATE: February 6, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE MODIFICATION OF

THE POSITION ALLOCATION LIST AND COMPENSATION PLAN

TO ADD THE POSITION OF ENGINEER INSPECTOR AND
APPROVE JOB DESCRIPTION OF ASSISTANT CITY MANAGERCOMMUNITY SERVICES AND ADD TO THE CITY'S

CLASSIFICATION PLAN

RECOMMENDATION
Adopt a resolution to modify the Position Allocation List and Classification Plan to reflect the organizational changes to add one full time Engineer Inspector and approve the job description for Assistant City Manager-Community Services and delete Recreation Director.

BACKGROUND
The City's management team continuously evaluates staffing levels and the organizational structure to align with operational needs. The Engineering Department is currently staffed with one Junior Engineer which is insufficient for the amount and type of work being performed. In order to effectively move the Council's priorities forward, and manage inspections and support, the addition of a Engineer Inspector is critical.

The position of Engineer Inspector will be full-time. It is recommended the maximum salary be established at $117,684.32, which is equivalent to the position of Associate Planner. The benefits for the position will be equivalent to those of the City's General Employees Association/LIUNA.

Recreation Director, Daniel Meewis, has assumed the role and duties of Assistant City Manager since its vacancy in 2023 and was later appointed as Acting Assistant City Packet Page 359

Item No. 9.J. Page 2 of 2
Manager, while maintaining oversight of the Recreation Division, in 2024. The Assistant City Manager position will be combined with Recreation Director to create one classification, Assistant City Manager-Community Services.

The Assistant City Manager-Community Services position will be filled through an internal process in accordance with the City's Personnel Rules, resulting in Recreation Director reclassified to Assistant City Manager-Community Services. The salary for this combined positions will remain the same salary as Assistant City Manager and follow the Department Director Compensation Plan with the established annual salary of $239,796.96.

These changes will be a cost savings for the City and will not impact the FY 2024-25 budget. The reclassification of Assistant City Manager and elimination of Recreation Director will be an annual savings of $205,075 and Engineering will underfill the vacant Associate Engineer position with the Engineer Inspector, which is an estimated annual saving difference of $19,054.88.

FISCAL IMPACT
There is no Fiscal Impact for FY24-25. The estimated total cost savings will be an estimated $32,019.

ATTACHMENTS

1. Resolution

2. Job Description Assistant City Manager - Community Services

3. Job Description Engineer Inspector
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 360
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

CREATING THE CLASSIFICATION OF ENGINEER INSPECTOR AND ASSISTANT

CITY MANAGER-COMMUNITY SERVICES AND MODIFYING THE POSITION

ALLOCATION LIST TO REFLECT THE ORGANIZATIONAL CHANGES
WHEREAS, the Classification Plan may be amended upon recommendation of the City Manager and approval by the City Council; and
WHEREAS, in order to provide greater efficiency in the operation of the City and enhance service levels, certain job classifications have been prepared; and WHEREAS, there is a need to create the Engineer Inspector in the Engineer Department; and
WHEREAS, the Engineer Inspector will be assigned to the Seaside City Employees’ Association bargaining unit and paid a top step hourly salary of $56.579, which is equivalent to Associate Planner; and
WHEREAS, the Recreation Director will be reclassified to Assistant City Manager Community Resources; and
WHEREAS, the addition and changes of these positions will enhance the City’s services and will provide valuable support to the community and organization; and WHEREAS, the Position Allocation List will be modified to:

1. Underfill the Associate Civil Engineer position to Add one Engineer Inspector to the Engineering Division; and

2. Approve the combined positions of Recreation Director and Assistant City Manager to one position, Assistant City Manager-Community Services; and

3. Delete Recreation Director.

WHEREAS, no budget adjustments are necessary because of this change.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby approve creating the new positions and modifying the Position Allocation List as proposed.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day of February 2025, by the following vote:

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AYES: COUNCIL MEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________
Ian N. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
_________________________
Sheri L. Damon, City Attorney
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ASSISTANT CITY MANAGER – COMMUNITY SERVICES

DESCRIPTION
This class provides assistance to the City Manager in a variety of administrative, coordinative, analytical, and liaison capacities and may act as the City Manager in the City Manager’s absence. This classification is distinguished from other Assistant City Manager positions in that it exercises direction and supervision over Community Services, which is comprised of Recreation, Parks, and Human Services. This class directs the development and implementation of innovative programs, projects and services to enhance the community cultural, educational, leisure services, and performs related work as required.

EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.

Major Duties
• Provides guidance and direction to staff in the development and implementation of diverse and innovative programs and services related to Recreation, Parks, and Human Services. • Directs the administrative functions of the department through organization and management policies and procedures. Review and approves recommendations and activities of staff. • Directs the development of long-range plans and oversees the implementation of strategies related to departmental programs and projects including infrastructure and capital improvement needs.
• Directs the development and implementation of arts and cultural events for the community. • Oversee the establishment and promotes a cultural environment to meet the needs and interests of the community. Plans and directs staff engaged in public arts maintenance and preservation programs and other cultural events for the community. • Plans and directs, through staff, the activities, operation and maintenance of the City’s parks and recreational facilities. Oversees through staff the enforcement of rules and regulations to ensure parks and parks facilities are safe and clean.
• Provides leadership and directs staff in the development and implementation of communitywide human services programs. • Interfaces with other agencies both in the community and neighboring cities to coordinate and facilitate services to targeted population.
• Provides leadership for outreach initiatives and promotional opportunities to stimulate community participation in cultural and recreational programs and services. • Reviews and identifies areas for organizational improvements and establishes policies and specific goals and objective to improve organizational effectiveness. • Confers with the City manager for overall instructions and policy guidance. Serves as a member of the Executive Management Team and provides technical advices to City Administrators on departmental policies, strategies, projects, and programs. • Makes presentations to the City Councils, boards and commissions, professional organizations and community groups.
• Provides staff support to City Commission, committees and boards. • Acts as a resource to the public, City Administrators, City departments, City Council, commissions and other organizations on departmental issues, projects, programs, and policies.

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Engineer Inspector

• Attends conferences and meetings and participates in discussion of various public groups, and professional organizations. Receives and responds to inquiries and complaints. • Selects, directs, supervises, and reviews and evaluates the work of professional, technical and support staff. Plans, organizes, assigns work and directs staff training and development. • Ensures that staff provides a high degree of customer service to both internal and external customers.
• Directs and monitors the selection and management of consultants and contractors for City services.
• Prepares and directs the preparation of a variety of reports including staff reports, fiscal and/or budgetary reports.
• Directs the development and administration of the department budget; monitors and controls expenditures.
• Oversees the administration of grant funded programs. • Performs related duties as assigned.

QUALIFICATIONS
Knowledge of:
➢ Principles, practices and procedures of public administration with emphasis on cultural, recreational, community service program administration.
➢ Administration, development, maintenance and planning of parks. ➢ Principle and practice of cultural, recreation, human and community services programs and activities.
➢ Applicable federal, state and local laws, ordinance, legislation, rules and regulations. ➢ Program and project development and evaluation.
➢ Outreach techniques to effectively promote community participation in City sponsored activities. ➢ Principles and practices of public relations and media relation. ➢ Budget preparation and administration.
➢ Management and supervisory principles and practices, including training, evaluation and discipline methods.
➢ Emerging trends in cultural, recreation, human and community services. ➢ Quality customer service and techniques.

Ability to:
➢ Plan, organize and direct the operation of a wide variety of cultural, parks and recreation, human, and community services, programs, and projects.
➢ Effectively administer special projects with contractual agreements and ensure compliance with stipulations; effectively administer a variety of programs and administrative activities. ➢ Effectively represent the City and the department in meetings with governmental agencies, contractors, vendors, and various businesses, professional, regulatory, and legislative organizations. ➢ Prepare clear and concise reports, correspondence, procedures, and other informational materials. ➢ Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. ➢ Develop and direct the implementation of departmental goals, objectives, policies, and procedures. ➢ Analyze and interpret applicable laws, codes, regulations and standards related to departmental services and objectives.

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Engineer Inspector

➢ Plan, develop and direct innovative programs and projects. ➢ Provide creative and innovative recommendations and solutions to problems and issues. ➢ Operate modern office equipment including computer equipment and specialized software applications programs.
➢ Use English effectively to communicate in person, over the telephone, and in writing. ➢ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
➢ Establish, maintain, and foster positive and effective working relationships with staff, officials of public and private agencies, City Council, commissions, community groups, and the general public. ➢ Provide effective customer service.

Skill in: Leadership and management.

Education and Experience:
• Bachelor’s degree in public, business or parks administration, recreation, urban studies or a closely related field. A Master’s degree in public, business or parks administration, recreation urban studies or a closely related field is desirable.
• Seven years of increasingly responsible management experience in cultural, recreational, parks, community services or related services and programs. Experience must include at least three years of administrative and supervisory experience.

Licenses and Certifications:
➢ Possession of, or ability to obtain, a valid California class C driver’s license by time of appointment.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer;, as well as to work in the field to inspect City Recreation sites; to operate a motor vehicle and to visit various County and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups and over the telephone. This is partially a sedentary office, partially a field classification, and standing in and walking between work areas may be required. Finger dexterity is needed to access, enter and retrieve data using a computer keyboard, typewriter keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.

ENVIRONMENTAL ELEMENTS
Employees partially primarily work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to potentially hazardous physical substances. Employees also work in the field and may be exposed to hot and cold temperatures, inclement weather conditions, loud noise levels, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes.

Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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Engineer Inspector

DISASTER SERVICE WORKERS
All City of Seaside employees are designated Disaster Service Workers through state and local law (California Government Code Section 3100-3109). Employment with the City requires the affirmation of a loyalty oath to this effect. Employees are required to complete all Disaster Service Worker-related training as assigned, and to return to work as ordered in the event of an emergency.

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FLSA: NON-EXEMPT
Bargaining Unit: SCEA/LIUNA
Salary Range – Hrly $46.547 - $56.579

ENGINEER INSPECTOR

DESCRIPTION
Under direction, performs engineering construction inspection for a variety of public works engineering projects and other related work as required.

DISTINGUISHING CHARACTERISTICS: This is a journey level class. Employees within this class are expected to perform the full range of duties as assigned. This classification is distinguished from the Junior Engineer level by the size and complexity of projects assigned.

SUPERVISION RECEIVED AND EXERCISED: Receives occasional supervision from the Public Works Director or assigned staff. May exercise supervision of lower level staff.

EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
➢ Inspect the methods and material used in the construction of streets, sewers, sidewalks, curbs, gutters, storm drains, sanitary sewer systems, building structures and interior mechanical and electrical systems, to ensure conformance to City standards, plans, and specifications; ➢ Meet with contractors and consulting engineers regarding engineering projects; ➢ Read and interpret plans and specifications, approve minor field adjustments and consult with supervisor on deviations;
➢ Assist in final inspections on subdivision projects;
➢ Inspect backfilling operations by utility companies and contractors on City-owned right-of-ways; ➢ Answer public complaints regarding construction regarding construction projects; ➢ Perform, coordinate, or verify various tests of construction materials and methods. Understand and support in collecting samples or performing tests as needed. Understand the requirements in verifying compliance in underground utilities, flatwork, HMA paving, and building systems; ➢ Understand and enforce compliance with all City construction requirements, including storm water run-off laws, ordinances and policies;
➢ Ensures conformance to safety regulations, including shoring of trenches, proper use of equipment and machines, and adequate public traffic control, enforce safety precautions at construction projects sites; Keep and prepare up to date and a and accurate records of projects progress; ➢ Maintain records, prepare progress reports and review/approve record drawings (as-builts) for accuracy;
➢ Inspect existing public facilities for defects which could be potentially hazardous; ➢ Inspect Food Service Establishments and other commercial facilities that are subject to applicable code requirements for grease source control compliance.

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Engineer Inspector

➢ Prepare and file daily inspection reports for all development, public works, and capital improvement projects;
➢ Assist staff with field investigation assignments for various projects/tasks; ➢ Inspect existing public facilities for defects which could be potentially hazardous; ➢ Support the relationship between the City of Seaside and the general public by demonstrating courteous and cooperative behavior when interacting with citizens, visitors, and City staff; ➢ Maintain confidentiality of work-related issues and City information; ➢ Review and issue encroachment permits for work within the public right of way. ➢ Performs other job-related duties within the scope of this job classification as assigned.

QUALIFICATIONS
Knowledge of:
➢ Principles and practices of engineering as related to design, construction and maintenance of streets, sidewalks, drainage, sanitary sewer systems, water systems, building structures and systems, and other public works facilities;
➢ Organizational and management practices as applied to the analysis and evaluation of projects, programs, policies, procedures, and operational needs; principles and practices of municipal government administration.
➢ Principles and practices of engineering as applied to the planning, design, cost estimating, construction, installation, mechanical, and inspection of a wide variety of municipal facilities. ➢ Engineering principles, concepts, standards, and practices associated with public works programs and private development projects.
➢ Methods, materials and techniques used in the construction of public works projects/facilities. ➢ Applicable Federal, State, and local laws, codes, and regulations. ➢ Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures. ➢ Methods and techniques used in the testing of construction materials; for the development of presentations, contract negotiations and management, business correspondence, and information distribution; research and reporting methods, techniques, and procedures. ➢ Record keeping principles and procedures.
➢ Modern office practices, methods, and computer equipment and applications related to the work. ➢ English usage, grammar, spelling, vocabulary, and punctuation. ➢ Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional organizations. ➢ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors and City staff.
➢ Hazards and necessary safety protocols relating to public works and engineering.

Ability to:
➢ Develop and implement goals, objectives, procedures, work standards, and internal controls for the department and assigned program areas.
➢ Provide administrative and professional leadership for the department and the City. ➢ Plan and organize public works engineering services and programs. ➢ Conduct complex engineering research projects, evaluate alternatives, make sound recommendations and prepare effective technical reports.

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Engineer Inspector

➢ Analyze and assist interpret engineering plans and specifications in accordance with design requirements and applicable standards and regulations.
➢ Allocate limited resources in a cost effective manner. ➢ Interpret, apply, explain, and ensure compliance with Federal, State, and local policies, procedures, laws, and regulations, technical written material, and City engineering policies and procedures. ➢ Plan, organize, direct, and coordinate the work of technical personnel; delegate authority and responsibility; select, motivate, and evaluate the work of staff and train staff in work procedures. ➢ Effectively assist administer special projects with contractual agreements and ensure compliance with stipulations; effectively administer a variety of engineering programs and administrative activities.
➢ Effectively represent the City and the department in meetings with governmental agencies, contractors, vendors, and various businesses, professional, regulatory, and legislative organizations. ➢ Prepare clear and concise reports, correspondence, procedures, and other written materials. ➢ Establish and maintain a variety of filing, record-keeping, and tracking systems. ➢ Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. ➢ Operate modern office equipment including computer equipment and specialized software applications programs.
➢ Use English effectively to communicate in person, over the telephone, and in writing. ➢ Make accurate measurements and ability to compute quantities of materials used in construction. ➢ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
➢ Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Equivalent to graduation from an accredited four-year college or university with major coursework in construction, engineering, or a closely related field; and four (4) years of experience in sub professional engineering work or the supervision of public works construction and maintenance work, including (1) year as a Junior Engineer or equivalent. AutoCAD and GIS experience desirable.

Licenses and Certifications:
➢ Possession of, or ability to obtain, a valid California class C driver’s license by time of appointment.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to inspect City development sites, to operate a motor vehicle, and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although walking around at construction sites on occasion is required in addition to standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information, and walk on uneven surfaces while in the field.

Employees must possess the ability to lift, carry, push and pull materials and objects weighing up to 25 pounds.

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Engineer Inspector

ENVIRONMENTAL ELEMENTS
Employees work in a combination of an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances and field work.

Employees may be exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.K.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Thomas Korman, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: February 6, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING THE APPLICATION FOR BUILD GRANT FUNDS THROUGH U.S. DEPARTMENT OF

TRANSPORTATION FOR THE BROADWAY AVENUE COMPLETE

STREET CORRIDOR IMPROVEMENTS PROJECT

RECOMMENDATION
Adopt a resolution approving the application for BUILD grant funds.

BACKGROUND
The Broadway Avenue Complete Streets Corridor Improvements Project (Project) will implement a road diet on Broadway Avenue from Fremont Boulevard to General Jim Boulevard, reducing Broadway Avenue from a 4 lane roadway into a 2 lane roadway with curb extensions, bike lanes, roundabouts, and crosswalks. Improvements on Yosemite Street will include bicycle pavement markings and signage. The Project is funded with grants from the Active Transportation Program (ATP) and Regional Surface Transportation Program (RSTP) with construction funding in the amount of $9.45M from ATP. The Project plans are 95% complete and are undergoing review by the Department of State Architecture (DSA) and Caltrans. At this time the estimated construction cost exceeds the available funding. Construction is anticipated to begin in Spring of 2026. This will allow staff to pursue additional grant funds to fully fund the construction of the Project.

The U.S. Department of Transportation's (USDOT) Better Utilizing Investments to Leverage Development (BUILD) grant program provides grants for surface transportation infrastructure projects with significant local or regional impact. The eligibility requirements of BUILD allow project sponsors, including state and local Packet Page 371

Item No. 9.K. Page 2 of 3
governments, counties, Tribal governments, transit agencies, and port authorities, to pursue multi-modal and multi-jurisdictional projects that are more difficult to fund through other grant programs.

The Project estimated cost is $17.736M which includes environmental, design, and construction. The approved grant funds in the amount of $11.626 are from ATP for design and construction and Regional Surface Transportation Program (RSTP) for environmental. The $6.11M BUILD grant funds requested would fund about 34% 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. Construction of the Broadway Avenue Complete Streets Corridor Improvements Project is consistent with the current General Plan Goals M-1 Complete Street, M-2 Bikeway Network, and M-7 Safe Routes to School. These goals support pedestrian and bicycle enhancements which will result in safer pedestrian environments, shorter pedestrian crossing distances, and will provide a class II bicycle facility connecting to existing bicycle facilities between West Broadway and General Jim Moore Boulevard.

The Broadway Avenue Complete Streets Corridor Improvements Project is a Capital Improvement Program 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 30, 2025, and the award announcement is expected to be in June 2025.

Staff recommends Council adopt a resolution approving the application for BUILD grant funds for the Broadway Avenue Complete Streets Corridor Improvements Project from USDOT.

FISCAL IMPACT
There is no impact to the general fund. If the BUILD grant is not awarded, staff will proceed with construction of a portion of the Project while continuing to seek grant funds.

ATTACHMENTS

1. Resolution
Packet Page 372

Item No. 9.K. Page 3 of 3

2. Application (SF-424)

3. Project Description
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 373
Meeting Date: 2/06/25
Item #: 8.N.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE APPLICATION FOR BUILD GRANT FUNDS FROM THE U.S.

DEPARTMENT OF TRANSPORTATION FOR THE BROADWAY AVENUE

COMPLETE STREET CORRIDOR IMPROVEMENTS PROJECT
WHEREAS, the U.S. Department of Transportation’s Better Utilizing Investments to Leverage Development (BUILD) grant program provides grants for surface transportation infrastructure projects with significant local or regional impact allowing local governments to pursue multi-modal projects that are more difficult to fund through other grant programs; and
WHEREAS, the City of Seaside’s internal standard operating procedures require all grant applications for amounts of $10,000.00 and above receive approval from the City Council prior to applying for the grant; and
WHEREAS, the Broadway Avenue Complete Street Corridor Improvement Project includes a road diet on Broadway Avenue from Fremont Boulevard to General Jim Moore Boulevard with seven round abouts and a class II bicycle facility; and WHEREAS, the estimated project cost is $17.736M for environmental, design, and construction with $11.626M already approved in grant funds from Active Transportation Program and Regional Surface Transportation Program; and WHEREAS, grant funds requested for the construction phase of the project are $6.11M, approximately 34% of the total cost; and
WHEREAS, the Project is consistent with the current General Plan Goal M-1 Complete Street, M-2 Bikeway Network, and M-7 Safe Routes to School which supports pedestrian and bicycle enhancements resulting in safer pedestrian environments, shorter pedestrian crossing distances, and will provide a class II bicycle facility connecting to existing bicycle facility between West Broadway and General Jim Moore Boulevard.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve the application for grant funds from the U.S. Department of Transportation for the Broadway Avenue Complete Street Corridor Improvements Project and authorize the City Manager, or their designee, to execute the application for submission.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 6th day of February, 2025, 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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Packet Page 376
Packet Page 377
Application for Federal Assistance SF-424 '

16. Congressional Districts Of:
aa.Applicant120 I ab.Program/Project [
Attach an additional list of ProgramlProject Congressional Districts if needed.

I II AddAttachmentI DeleteAttachment I I ViewAttachment I

17. Proposed Project:
"a.StartDate: 108/15/20221 "b.EndDate: 112/29/20281

18. Estimated Funding ($):
"a.Federal I 6,110, 000.001
"b.Applicant I 940,000.001
' c.State I 11, 026,000.001
"d.Local ' 1 020 000.00'
" e. Other
' f. Program Income
'gTOTAL i 19-096-00000
" 19. Is Application Subject to Review By State Under Executive Order 12372 Process? []a.ThisapplicationwasmadeavailabletotheStateundertheExecutiveOrder12372Processforreviewonl I []b. Program is subject to E.0. 42372 but has not been selected by the State for review. (§c. Program is not covered by E.0. 12372.
" 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) OYes [g]No
If "Yes", provide explanation and attach
i i li AddAttachmentI I DeleteAttachment I I ViewAttachment I

21. 'By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances' and agree to comply with any resulting terms ifl accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civtl, or administrative penalties. (u.s. Code, Title 18, Section 1001) [g " IAGREE
" The list of certiflcations and assurances, or an intemet site where you may obtain this list. is contained in the announcement or agency specific instructions.

Authorized Representative:
prefix: IMr. I "FirstName: IDan I
MiddleName:l I
'LastName:lneewis I
§uffix: I I
'T"'e: IAssistantCityManager I
' Telephone Number:l (B31) Bgg_5821 I FaXNum5er:I I
'Ema:l:[email protected] I
' Signature of Authorized Representative: a'
.=]l k "DateSigned:101/2 g/ 2025 I
dAJ",, =
Packet Page 378
City of Seaside BUILD Grant Broadway Ave Complete Street Corridor Project Description
The Broadway Avenue Complete Street Corridor project will create the only continuous citywide east-west bicycle facility in the city of Seaside. The project will entail a complete redesign of the Broadway Avenue corridor, and will address serious safety concerns of speeding, sideswipes and broadside collisions that plague the corridor frequently used by children and seniors. This includes the PA&ED, PS&E and Construction phases of this corridor redesign. The project will also include non-infrastructure programming designed to increase the shift to active transportation modes and long-lasting behavior change through a suite of programming for elementary school children, low-income families, seniors and businesses along the corridor. The project proposes safety and operational improvements along the corridor with the intent of providing equitable transportation solutions and improving the quality of life for the neighboring communities. The Program is led by the City of Seaside (City) in partnership with the Transportation Agency for Monterey County, and the Monterey County Health Department (MCHD).

Project Location
Seaside is the second-largest city in Monterey County, with a population of 34,165 in 2017. See below for the project location in reference to Monterey County, Figure 2 for a vicinity map of the project, and Figure 3 for community destinations within the project vicinity. It is also a demographically young city, with 25% of its population under the age of 18. Seaside is the most ethnically diverse city in Monterey County: 42% of residents are Hispanic/Latino, 31% are white, 10% are Asian, and 7% are African American. According to census data, the majority of Seaside residents drive alone to work. Five percent of residents walk or bike to work, and 4% take public transportation.

Figure 1: Regional Map Figure 2: Project Vicinity Map
Packet Page 379
Figure 3: Community Destinations Map
Seaside residents grapple with high living costs and houses disadvantaged populations as defined by the Health Disadvantaged Index and the CalEnviroScreen 3.0. One in seven Seaside residents lives in a disadvantaged neighborhood: one where nearly 60% of households live in poverty, 11.8% of households lack access to a car, and 91% of people over the age of 25 have no high school education. With poorer households less likely to have access to a household vehicle than wealthier households, investment in car-centric infrastructure has historically only benefited wealthier communities. The communities within the project areas are identified as Areas of Persistent Poverty and as Historically Disadvantaged Communities. See Figure 4 for census tracts considered as Areas of Persistent Poverty.

Packet Page 380
Figure 4: Areas of Persistent Poverty Map
This project will provide these residents direct access to the services and programs needed to cope with their current situations and improve their lives and the lives of future generations. This project will provide direct access from the most disadvantaged neighborhoods to schools, places of worship, job center, community and county services, and after school programs.

Within the city of Seaside, the project is located in the geographic center of the city along a 1.3 mile stretch of Broadway Avenue, from Fremont Boulevard to General Jim Moore Boulevard, and Yosemite Ave, from San Pablo Avenue to Wanda Avenue. (see ). Broadway Avenue is one of the main east-west arterials in the city, with a connection to a major corridor for north-south destinations on General Jim Moore Boulevard.

General Jim Moore connections to the south include Ryan Ranch business park via South Boundary Road, commercial businesses in Del Rey Oaks via Highway 68, and to the north, Cal State University Monterey Bay (CSUMB) in Marina, military housing and services, the Department of Defense, and trail access to the Fort Ord Monument.

Project Challenges
In recent years the City of Seaside has made progress toward building up their bicycle infrastructure, however large gaps and lack of facilities have proved to be major barriers to bicycling. To-date there is only one continuous north-south class II bicycle facility in Seaside on General Jim Moore Blvd. Broadway Avenue runs east-west through the heart of Seaside and connects to General Jim Moore Blvd on the east end. The City of Seaside recently constructed a road diet with bike lanes on West Broadway and painted class III “sharrows” to the east of Fremont Blvd up to General Jim Moore. Unfortunately, Class III sharrows alone were found not to increase bicycling on the busy 4-lane corridor and feedback from the community was that more protection/separation was needed for people to feel comfortable bicycling on Broadway from Fremont Blvd to General Jim Moore Blvd.

Proposed Improvements
For the Broadway Avenue Complete Street Corridor project, a proposed 1.3-mile road diet on Broadway Avenue from Fremont Boulevard to General Jim Moore Boulevard will transform a 4- lane roadway to a 2‐lane roadway with curb extensions, buffered and protected bike facilities, Packet Page 381
roundabouts, and Safe Routes to School improvements including off‐set crosswalk, rectangular rapid flashing beacons, and accessible design. Improvements on Yosemite Ave will include bicycle pavement markings, signage, curb extensions and high visibility crosswalks. Design and construction of a road diet with buffered and protected bicycle facilities will create a safer and more comfortable environment for walking and bicycling from the west to the east end of Seaside.

The roundabouts, curb extensions, accessible sidewalks, off-set crosswalk and rectangular rapid flashing beacons will slow traffic on this busy corridor and increase visibility of bicyclists and pedestrians of all ages as they cross the street.

The narrowing of Broadway Avenue from four travel lanes to two travel lanes would provide for a more pedestrian and bicycle-friendly environment. The additional width gained from the lane reduction would be allocated to bike lanes, left turn lanes and medians, and curb extensions.

Roundabouts would be installed at seven intersections (Terrace, San Lucas, Noche Buena, Flores, Yosemite, Ancon, and Mescal) with high visibility crosswalks to facilitate pedestrian crossings on all approaches. Curb extensions are extensions of the sidewalk into the parking lane to facilitate accessibility and improve driver awareness of pedestrians and reduce the street crossing distance and pedestrian exposure to motor vehicles.

Marked crosswalks at roundabouts will be delineated with high-visibility white painted crossing marks and stop bars in addition at school crossings high-visibility yellow painted crossing marks and white yield lines will be installed. An off-set high visibility mid-block crosswalk with Rectangular Rapid Flashing Beacons (RRFB) will be placed across Broadway Avenue at the entrance to Martin Luther King School of the Arts to facilitate pedestrian crossing. The addition of a roundabout at Ancon Street demonstrated a need due to the removal of an eastbound left turn pocket at the entrance into the parking lot of Martin Luther King School of the Arts.

The Project creates continuous bike routes from the intersection of Del Monte Boulevard and Canyon Del Rey Boulevard to Broadway Avenue to General Jim Moore Boulevard. Designated Class II and IV bike lanes will be on both sides of the street along the length of Broadway Avenue.

Bicycle access will be provided by clearly marked street bike lanes and bike boxes at roundabouts and signalized intersections. The Broadway Avenue bike lanes will be delineated with green pavement marking and contrasting markings to enhance visibility and rider safety.

Green-colored bicycle lanes and bike box are also part of the project. These treatments will enhance the visibility of cyclists and may increase the comfort of cyclists riding on the street. The bike box planned on Broadway Avenue at the intersections is intended to improve awareness and visibility of cyclists. Cyclists will have the option to share the road with motorists through the roundabouts (sharrows) or use an alternate adjacent route on the pedestrian walkway.

The Project will complete the bicycle corridor between Fremont and General Jim Moore Blvd.

This would help complete both the north-south and east-west bicycle corridors in Seaside. The Project would remove sharrows and replace with a Class II bike lane along both sides of Broadway Avenue and restripe the travel lanes as necessary to retain at least two vehicle travel lanes in each direction. This should greatly enhance the appeal for using bicycles as primary alternative mode of transportation to motor vehicles for both recreational and regional transportation needs.

Packet Page 382
Roundabouts at the intersections will reduce stop and start delays through the corridor making transit through the corridor more efficient and will compensate for the loss of vehicular lane.

Project/Program History
The Broadway Ave Complete Streets Corridor project will build on the recently completed West Broadway Urban Village development funded through the Active Transportation Program, and the Seaside & Marina Safe Walking & Biking to School: Complete Streets Plan adopted by the City of Seaside and School District in February 2020. When the City completed an ATP-funded road diet with bicycle lanes, wider sidewalks and high visibility crossings, West Broadway flourished.

The $7 Million infrastructure project completed in 2018 has already resulted in $6 Million in private investment, 30 new jobs and additional tax revenue for the City. The City is confident that extending the road diet to the east by constructing the Broadway Ave Complete Streets Corridor project will only build on those results, as well as support proposed affordable mixed-use housing on the west end of the corridor.

The Seaside & Marina Safe Walking & Biking to School: Complete Streets Plan adopted by the City of Seaside and School District in February 2020 identifies Broadway Avenue and Yosemite Avenue as important safe routes to school corridors serving four of the seven elementary schools in Seaside. Consistent with the Plan, the Broadway Ave Complete Streets Corridor will address the top community-identified safety concerns and barriers to children walking and biking to schools in the project area: safety of intersections and crossings; speed of traffic and amount of traffic. These community concerns are validated by the history of bicycle and pedestrian involved collisions on Broadway Avenue.

Bicyclists and pedestrians are disproportionately involved in collisions in Seaside and at higher rates within the project area than in the rest of the City. Over the past decade, 13.5% of all bicycle and pedestrian collisions in Seaside occurred within the project area. Between 2008 and 2019, walking and bicycling accounted for ~5% of trips to work in Seaside. During the same time period, bicyclists and pedestrians were involved in ~20% of the collisions in Seaside and ~37% of the collisions within the project area demonstrating that current conditions along Broadway Ave represent a significant safety threat. Youths are also disproportionately involved in bicycle and pedestrian collisions. The City is fully committed to delivering the project and needs additional funding to see all phases of these improvements through construction.

Project Status
The project is currently in the final design phase and has submitted 100% plans to Caltrans for final review. The City will submit for the request for funding allocation for Construction Phase by February 2026 from Caltrans.

Packet Page 383

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.L.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Sheri Damon, City Attorney
DATE: February 6, 2025
SUBJECT: APPROVE REQUEST TO MODIFY THE SCHEDULE OF

PERFORMANCE EXTENDING THE DATE TO CLOSE A HOTEL

CONSTRUCTION LOAN FOR THE GRAND HYATT HOTEL TO
APRIL 30, 2025. THIS ITEM IS EXEMPT FROM CEQA
PURSUANT TO 15061(C)(3)

RECOMMENDATION
Consider request to extend the date to close a Hotel Construction loan to April 30, 2025

BACKGROUND
This is a request by SKDG to extend the date for the Closing of a Hotel Construction loan, currently set for January 31, 2025 to April 30, 2025. The Owner has already begun performing under the Schedule of Performance established for the hotel portion and timeshare portion of the Seaside Resort development. Since the approval of the previous extension, SKDG has continued to implement work as a prerequisite to the hotel construction. The temporary power panel and switch was installed adjacent to McClure Way, water and sewer infrastructure are being installed. Rough grading permits have been pulled and fees paid in preparation for the hotel site preparation.

SKDG has been meeting with prospective lenders. The Owner estimates that it will take sixty to ninety days to secure a construction loan and is accordingly asking that the date be extended to April 30, 2025. Thus, for business reasons and in order to keep costs at a minimum, it has requested an extension of the date by which a hotel construction loan must be obtained.

FISCAL IMPACT
Packet Page 384

Item No. 9.L. Page 2 of 2
None to Positive.

ATTACHMENTS

1. Resolution 25-XX Seaside Resort Black Horse Bayonent

2. EXHIBIT A- SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DDA

3. Request to Extend Performance Schedule
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 385
Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING AUTHORIZING THE CITY TO ENTER INTO A SECOND

AMENDMENT TO THE SECOND AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT WHICH MODIFIES ITEM 7 OF THE

SCHEDULE OF PERFORMANCE FOR THE SEASIDE RESORT

DEVELOPMENT FOR THE HOTEL AND TIMESHARE COMPONENTS

ADJACENT TO THE BLACK HORSE AND BAYONENT GOLF COURSE
RECITALS:

WHEREAS, on or about January 17, 2025 SDKG made an oral request to extend the Schedule of Performance regarding obtaining the construction loan and on January 28, 2025, SDKG confirmed in writing its request to extend the date.

WHEREAS, The City negotiated extensions to the timelines to the Performance Schedule by adopting Resolution 20-72 and 21-81 which modified the Performance Schedule based upon the state of emergency and impact on tourism during 2020 and other business reasons in 2021; and
WHEREAS, the City extended the timeline for SDKG to obtain a construction loan from July 12, 2024 to January 31, 2025 by adopting Resolution 24-72.

WHEREAS, since the June 2024 extension and in accordance with the Schedule of Performance, the Developer has continued to expend its own revenues in pursuit of and as a prerequisite of hotel improvements, including, but not limited to constructing improvements to McClure Way, installing water, sewer and power infrastructure, pulling rough grading permits and lodging grading permit fees with the City.

WHEREAS, The City has agreed to extend the time for acquiring the construction loan to April 30, 2025 in order to accommodate the request of the Developer. The remainder of the Performance requirements are not being requested to be modified.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby finds, determines, resolves, and orders as follows:

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. The City Council certified a Final Environmental Impact Report for the Project on July 7, 2005, and thereafter, on August 17, 2005, adopted Addendum No. 1, on February 5, 2014, adopted Addendum No. 2, on December Packet Page 386
-2
10, 2014, adopted Addendum No. 3, and on December 7, 2017, adopted Addendum No. 4 and on or about October 26, 2022 adopted Addendum No. 5.

The City Council hereby finds that although the extension for the closing of the sale of the hotel/resort land, timeshare land and residential land, as set forth in the Second Amended DDA are within the scope of the Final Environmental Impact Report and Addendum Nos. 1 through 5, and given the Developer’s statement of fact, it can also be seen with certainty that there is no possibility that the activity in question will not have a significant effect on the environment, and therefor modification of the timing of obtaining a construction loan is not subject to CEQA. [State CEQA Guidelines Section 15061(b)(3)]. No review under the California Environmental Quality Act is required in connection with the extension of Item 7 to the performance schedule to the Second Amended DDA.

Section 3. The Mayor, (or, in the Mayor's absence, the Mayor Pro Tern) is hereby authorized and directed to execute and deliver, for and in the name of the City, the amendment to the Performance Schedule to the Second Amended DDA in substantially such form as attached Exhibit A, with changes therein as the Mayor (or the Mayor Pro Tern, as the case may be) may approve in consultation with the City's attorney (such approval to be conclusively evidenced by the execution and delivery thereof).

Section 4. The officers and staff of the City are hereby authorized and directed, jointly and severally, to execute such instruments and do any and all things which they may deem necessary or advisable to effectuate this Resolution and any such actions previously taken by such officers and staff are hereby ratified and confirmed.

Section 5. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 6th day of February 2025, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
Packet Page 387
-3
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 388

SECOND AMENDMENT TO SECOND AMENDED AND RESTATED

DISPOSITION AND DEVELOPMENT AGREEMENT

THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED
DISPOSITIONAND DEVELOPMENT AGREEMENT (“Amendment”) is dated as of February___, 2025, by and among CITY OF SEASIDE, a California municipal corporation (“City”), and SKDG, a Florida limited liability company (“SKDG”).

RECITALS
A. The City and Cypress Seaside are parties to a Second Amended and Restated Disposition and Development Agreement dated as of June 12, 2019 (the “DDA”). Terms described in the DDA shall have the same meaning when used in this Amendment unless otherwise specifically defined in this Amendment.

B. On October 1, 2019, pursuant to the DDA, the Seaside Entities purchased the property from the City. In particular, the City conveyed the Hotel Phase Land to Seaside Hotel Investors.

C. On May 27, 2020, the Seaside Hotel Investors sent a written request for extension due the Covid-19 pandemic and making representations that they were poised to comply with the hotel management agreement and schematic design drawings. The City Council adopted Resolution 20-72 which extended the dates.

D. In 2021, the City modified the Performance Schedule again to accommodate the anticipated sale of the hotel site to SKDG. The City extended the Performance Schedule via Resolution 21-81.

E. SKDG (and its subsidiary, Seaside Peninsula Acquisition Group LLC a Delaware limited liability company) purchased the hotel parcels in late 2021 and its subsidiary acquired the remaining timeshare parcels on or about May 2023 and accordingly is subject to the DDA and its amendments.

F. On or about June 19, 2024, the City adopted Resolution 24-72 authorizing a modification to the Second Amended DDA to grant an extension to SKDG to obtain construction financing through January 31, 2025.

G. On or about January 17, 2025, SKDG indicated that it would not be able to meet the January 31, 2025 construction loan deadline and requested that it be granted ninety more days to secure the construction loan financing for the project. SKDG has continued since June 19, 2024 to invest in the hotel property by making improvements to McClure Way, installing water, sewer and power infrastructure, pulling permits and paying fees required to support the Grand Hyatt hotel development.

H. The City, and the SKDG and its subsidiary, desire to amend the DDA as provided in this Amendment.

Packet Page 389

NOW THEREFORE, the City and SKDG agree as follows:

1. The recitals are incorporated into this agreement and are the fundamental basis upon which the City enters this agreement.

2. M odification of Schedule of Performance
a. The deadline in the Schedule of Performance (DDA Attachment No. 3) for item 7 is amended to extend the date to April 30, 2025. The updated Schedule of Performance is as provided as follows:

4. Execution of Hotel Management Agreement with a
management company listed on Attachment No. 4 and
consistent with this Restated DDA and delivery of
copy to City (fees and other proprietary provisions
may be redacted)
July 31, 2023*

5. Schematic Design Drawings for the Hotel, containing
the elements described below, delivered to the City October 31, 2023

6. Delivery of final plans and specifications for the
Hotel that are reasonably acceptable to City June 11, 2024*

7. Closing of Hotel construction loan in amount
sufficient to pay all costs not paid with committed
equity funds, and consistent with the Budget (City’s
repurchase consistent with section 6.1.2 of Second
Amendment to Second Amended and Restated
Disposition and Development Agreement dated
9/2/2021)
April 30, 2025*

8. Developer obtains all permits required for Hotel
development/construction (and pays all fees) September 10, 2024*

9. Material commencement of Hotel improvements September 11, 2024*

10. Completion of Hotel July 12, 2026*

11. Issuance of grading or building permits and
commencement of construction of the permitted
improvement on a Residential Parcel. [PC 9(b)]
December 31, 2028 (not
extended by this
Amendment)

12. Issuance of grading or building permits and
commencement of construction of the permitted
improvement on a Timeshare Parcel. [PC 9(b)]
December 31, 2028 (not
extended by this
Amendment)
Packet Page 390

3. R atification. Except as specifically modified in this Amendment, all applicable terms of the DDA remain unmodified and in full force and effect.

4. E xecution in Counterparts. This Amendment may be executed in counterparts, each of which, and all of which together, shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year first written above.

CITY OF SEASIDE
By: __________________________________
Print Name: ___________________________
Title: ________________________________
ATTEST:
______________________________
Dominique Davis
City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon
City Attorney
[Signatures continue on the next page.]
Packet Page 391

By: Seaside Peninsula Acquisition Group LLC, a
Delaware Limited Liability Company
By: _____________________________________
[Insert name, Title]
By: Seaside Peninsula Acquisition Manager, LLC, a
Delaware Limited Liability Company, its Manager,
By: _____________________________________
[Insert name, Manager]
By: SKDG Investments, LLC, a Florida Limited
Liability Company, its Manager
By: _____________________________________
Kiran Patel, Manager
Packet Page 392
Sheri Damon - Seaside Resort Loan Closing Extension Request From: Greg Ogle <[email protected]>
To: Sheri Damon <[email protected]>
Date: 1/28/2025 6:42 AM
Subject: Seaside Resort Loan Closing Extension Request
Sheri,
SKDG is requesting an extension from the City of Seaside to the DDA Schedule of Performance item Number 7 – Closing of the Hotel construction loan. We are requesting a 90 day extension to April 30, 2025 as we do not have a loan ready to close by January 31st. We are in discussions with multiple lenders and awaiting term sheets to move forward with a loan closing.

Thank you,
Greg Ogle
Principal
KDG Capital
(813) 541-9665

file:///E:/TEMP/XPgrpwise/67987C3ACOSIS_PO100177627512DA751/GW_00002.HTM 1/29/2025 Packet Page 393

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Andreas Baer, Senior Engineer
DATE: February 6, 2025
SUBJECT: ADOPT A RESOLUTION AWARDING A CONSTRUCTION
CONTRACT TO RANDAZZO ENTERPRISES INC. FOR THE
DEMOLITION OF THE CAMPUS TOWN PHASE 1B SITE (FORMER

FORT ORD MILITARY RESERVATION - BURGER KING SITE) IN
AN AMOUNT NOT TO EXCEED $1,326,129.00

RECOMMENDATION
Adopt a resolution:

1. Approving the plans and specifications for the Fort Ord Military Reservation Property Deconstruction and Demolition Project - Phase 1B;

2. Awarding a construction agreement to Randazzo Enterprises Inc. for an amount not to exceed $1,326,129.00;

4. Establishing a 25% construction contingency in the amount of $331,532.25, for a total project construction amount not to exceed of $1,657,661.25; and

5. Authorizing the City Manager to execute the construction agreement, and approve any amendments, extensions, and change orders until completion of the project in accordance with the plans and specifications up to the total project construction amount.

BACKGROUND
On March 19, 2020, the City Council adopted Ordinance No. 1082 approving a Development Agreement with KB Bakewell Seaside Venture II, LLC (Developer) for the development of approximately 122 acres of land on the former Fort Ord, a project more commonly known as Campus Town. Pursuant to section 11 of the Agreement, the City is responsible for remediating the property to be free of hazardous materials to residential standards at no cost to the Developer. The City is also obligated to deconstruct, demolish and remove buildings, structures and improvements located Packet Page 394

Item No. 10.A. Page 2 of 4
within the boundaries of the development. The scope of work the City is obligated to complete under Phase 1B includes the remediation and demolition of a parking lot and buildings north of the Presidio of Monterey Fire Station, the abandoned Burger King building, debris, parking lots, underground utilities, and other improvements east of General Jim Moore Blvd. north of Gigling Road, west of Arnhem Rd, and south of Colonel Durham Street in the City of Seaside on former Fort Ord Property.

The sites have been fully tested for hazardous materials and soil contamination, and the project will include hazardous material abatement work. No soil contamination exists within the Phase 1B area. The City contracted with Harris & Associates to prepare demolition engineering plans and specifications and Vista Environmental to prepare a remediation work plan, reports, and specifications for all the building sites.

The project work generally consists of decontamination, deconstruction, demolition, removal, and proper disposal of all buildings, structures, parking lots, improvements, and select trees, shrubs, bushes, and vegetation at the Burger King site, the area north of the Presidio Fire Station, and the parking lots to the East. The deconstruction and demolition work shall include removal and disposal of the subject structures in their entirety to include roof structures, exterior walls, interior walls, concrete slabs and foundations, windows, doors, plumbing, underground utilities, mechanical, communications, and electrical systems. The site work includes removal and disposal of asphalt concrete parking lots, concrete, retaining walls, steps, excavation, disconnection, capping, removal, and disposal of water, wastewater, gas, and electrical utilities, and rough grading for mitigating safety concerns and facilitating drainage. The project work includes hazardous materials removal and proper disposal, including asbestos, lead-based paint and/or materials, refrigerants, chromated-copper arsenate (CCA), universal waste, and other hazardous materials. This project also includes asbestos cement pipe (ACP) on-site and below-grade.

The design was completed and the Project was released for construction bids on December 5th, 2024, and bids were opened on Janurary 23rd, 2025. Three (3) complete, responsive, and responsible bids were received as follows:

BIDDER BID TOTAL
Randazzo Enterprises Inc. $1,326,129.00
Brannon Corporation Inc. $2,164,409.00
Grion Construction Inc. $2,633,383.00
Engineers Estimate $3,451,000.00
After review of the bids, Randazzo Enterprises Inc. was found to be the lowest responsive and responsible bidder, with a total bid of $1,326,129.00. Randazzo Enterprises Inc. has satisfactorily completed similar projects to the Fort Ord Military Reservation Property Deconstruction and Demolition Project - Phase 1B for the City and Packet Page 395

Item No. 10.A. Page 3 of 4
other municipalities. Staff recommends awarding a construction agreement for this project to Randazzo Enterprises Inc.

ENVIRONMENTAL
In accordance with Title 14, California Code of Regulations (CCR, Title 14), Chapter 3 “CEQA Guidelines,” Article 20, Section 15378, the proposed action is a project as defined by the California Environmental Quality Act (CEQA). Specifically, the remediation and demolition activities for construction of the Campus Town Development are considered a “Project” under CEQA Statute 21065, because the Project is an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and is directly undertaken by a public agency and it is supported through assistance from one or more public agencies.

On March 5, 2020, the City Council adopted Resolution 20-09 certifying the Environmental Impact Report for the Campus Town Specific Plan and adopted a Mitigation Monitoring and Reporting Program (MMRP). The City will implement appropriate mitigation as identified in the adopted Mitigation Monitoring and Reporting Program. The executed Resolution and MMRP can be found by clicking the following link. Resolution 20-09 and MMRP

FISCAL IMPACT
The proposed construction agreement with Randazzo Enterprises Inc. is a not to exceed amount of $1,326,129.00. In addition, a construction agreement contingency of 25%, or $331,532.25, is necessary for expenses from unforeseeable issues that arise during construction.

With the sunset of the Fort Ord Reuse Authority in June of 2020, the City received a bond in the amount of $6,555,000 for blight removal within the former Fort Ord. The construction agreement with Randazzo Enterprises Inc. will be funded from those bond funds, account no. 329-8110-2073, where there are sufficient funds remaining in the amount of $3,596,319.27.

Staff recommends adopting a resolution approving the plans and specifications for the Fort Ord Military Reservation Property Deconstruction and Demolition Project - Phase 1B; awarding a construction agreement to Randazzo Enterprises Inc. for an amount not to exceed $1,326,129.00; establishing a 25% construction contingency for a total project construction amount not to exceed of $331,532.25; and, authorizing the City Manager to execute the construction agreement and approve any amendments, extensions, and change orders until completion of the project in accordance with the plans and specifications up to the total project construction amount.

Packet Page 396

Item No. 10.A. Page 4 of 4

ATTACHMENTS

1. Resolution

2. Drawings

3. Specifications

4. 20-09 Certifying EIR Campus Town Project

5. Agreement
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 397
RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE PLANS AND SPECIFICATIONS FOR THE FORT ORD MILITARY RESERVATION PROPERTY DEMOLITION PROJECT - PHASE 1B AND

AWARDING A CONSTRUCTION AGREEMENT TO RANDAZZO ENTERPRISES INC. FOR AN AMOUNT NOT TO EXCEED $1,326,129.00.

WHEREAS, the Fort Ord Military Reservation Property Deconstruction and Demolition Project - Phase 1B (Project) was identified in the fiscal year 2023-2024 annual budget; and
WHEREAS, Harris & Associates prepared the demolition engineering plans and specifications, and Vista Environmental prepared a remediation work plan, reports, and specifications for this phase 1B Project; and
WHEREAS, the Project work includes remediation and demolition of a parking lot and building/structure 4403A north of the Presidio of Monterey Fire Station, the abandoned Burger King building 4405, debris, parking lots, underground utilities, and other improvements east of General Jim Moore Blvd. north of Gigling Road, west of Arnhem Rd, and south of Colonel Durham Street in the City of Seaside on former Fort Ord Property to prepare for Phase 1B of the Campus Town Development; and WHEREAS, Harris and Associates and Vista Environmental completed demolition and remediation design, and the Project was released for construction bids on December 5th, 2024; and
WHEREAS, Three (3) complete, responsible, and responsive bids was received from Randazzo Enterprises Inc., Grion Construction Inc., and Brannon Construction Inc.; and
WHEREAS, Randazzo Enterprises Inc. is the lowest responsive and responsible bidder with a bid total of $1,326,129.00; and
WHEREAS, Randazzo Enterprises Inc. has successfully completed similar demolition projects for the City of Seaside and other municipalities in the past; and WHEREAS, there are sufficient funds in Account No. 329-8110-2073 to issue the construction agreement; and
Packet Page 398
WHEREAS, this project includes the implementation of appropriate mitigation measures as identified in the adopted Mitigation Monitoring and Reporting Program associated with the Environmental Impact Report; and
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the conformed plans and specifications for the Fort Ord Military Reservation Property Deconstruction and Demolition Project - Phase 1A approved 12/3/2024; and BE IT FURTHER RESOLVED, that the City of Seaside City Council acknowledge pursuant to CEQA guidelines the application of Resolution 20-09 the certification of the Environmental Impact Report for the Campus Town Specific Plan Project, Making California Environmental Quality Act Finding and Adopting a Mitigation Monitoring and Reporting Program for this project; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a construction agreement with Randazzo Enterprises Inc. for an amount not to exceed of $1,326,129.00; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 25% contingency for written amendments, extensions, and change orders to the construction agreement outlined above such that the full value may not exceed $1,657,661.25.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 6th day of February, 2025, 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 399
February 6, 2025 City
Council Regular Meeting
Item 10 A
Attachment 2 - Drawings
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February 6, 2025 City
Council Regular Meeting
Item 10 A
Attachment 3 - Specifications
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February 6, 2025 City
Council Regular Meeting
Item 10 A
Attachment 4 –
Resolution 20-09 Certifying
EIR Campus Town Project
Packet Page 402
February, 2025
Agreement 00 5200 - 1 City of Seaside
Fort Ord Military Reservation
Property Demolition Project Phase 1B
SECTION 00 5200

SAMPLE AGREEMENT
THIS AGREEMENT, dated this _______ day of February, 2025, by and between Randazzo Enterprises Inc. whose place of business is located at 13550 BLACKIE ROAD, CASTROVILLE, CA 95012 (“Contractor”), and the City of Seaside (“Owner”), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. 25- ___ adopted on the 6th day of February, 2025 awarded to Contractor the following Contract:

CONTRACT NUMBER AG 25-___
Fort Ord Military Reservation Property Demolition Project – Phase 1B located at
General Jim Moore Blvd and Gigling Road
Seaside, CA 93955
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

SCOPE OF WORK OF THE CONTRACT

1.01 WORK OF THE CONTRACT
A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work).

1.02 PRICE FOR COMPLETION OF THE WORK
A. Owner shall pay Contractor the following Contract Sum One million three hundred twenty six thousand one hundred and twenty nine ($1,326,129.00) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.

ARTICLE 2 - COMMENCEMENT AND COMPLETION OF WORK

2.01 COMMENCEMENT OF WORK
A. At time of advertisement, the Notice of Award is expected to be issued on February 21st, 2025.

B. Contractor shall commence work on the date established in the Notice to Proceed C. At time of advertisement, the Notice to Proceed is expected to be issued on March 17th, 2025.

D. Owner reserves the right to modify or alter the Commencement Date.

2.02 COMPLETION OF WORK
A. Contractor shall achieve Substantial Completion of the entire contract within 120 Calendar Days from the Commencement Date and 15 Calendar days following substantial completion to achieve Final Completion.

B. At time of advertisement, Substantial Completion is estimated to be July 23, 2025.

C. At time of advertisement, Fina Completion is August 12th, 2025.

ARTICLE 3 - PROJECT REPRESENTATIVES

3.01 Owner’s Project Manager
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February, 2025
Agreement 00 5200 - 2 City of Seaside
Fort Ord Military Reservation
Property Demolition Project Phase 1B
A. Owner has designated Jean-Luc Delbecq, PE as its Project Manager to act as Owner’s Representative in all matters relating to the Project.

B. City Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

3.02 Owner’s Environmental Consultant
A. Vista Environmental Consulting furnished the Report related to Hazardous Materials and shall have the rights assigned to observe, inspect, and enforce the requirements of those noted Reports.

3.03 Engineer
A. Harris & Associates furnished the Plans and Technical Specification and shall have the rights assigned to Engineer in the Contract Documents.

ARTICLE 4 - LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

4.01 LIQUIDATED DAMAGE AMOUNTS
A. As liquidated damages for delay Contractor shall pay Owner Three Thousand Four Hundred Dollars ($3,400) for each calendar day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner Three Thousand Four Hundred Dollars ($3,400) for each calendar day that expires after the time specified herein for Contractor to achieve Final Completion of the entire work, until achieved.

4.02 SCOPE OF LIQUIDATED DAMAGES
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

ARTICLE 5 - CONTRACT DOCUMENTS

5.01 Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

Document 00 0101 Title Page
Document 00 0110 Table of Contents
Document 00 0115 List of Drawings
Document 00 3132 Geotechnical Data and Existing Conditions Document 00 5100 Notice of Award
Document 00 5200 Agreement
Document 00 5500 Notice to Proceed
Document 00 6113.13 Construction Performance Bond
Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form
Document 00 6530 Release of Claims
Document 00 6536 Guaranty
Document 00 7200 General Conditions
Document 00 7316 Supplementary Conditions – Insurance and Indemnification
Document 00 9113 Addenda
Document 02 1000
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February, 2025
Agreement 00 5200 - 3 City of Seaside
Fort Ord Military Reservation
Property Demolition Project Phase 1B
through 31 2323 Technical Specifications
Drawings
Hazardous Material Survey Reports
Storm Water Pollution Prevention Plan (SWPPP)

5.02 There are no contract documents other than those listed above. The contract documents may only be amended, modified, or supplemented as provided in document 00 7200 (General Conditions).

ARTICLE 6 - MISCELLANEOUS

6.01 Terms and abbreviations used in this agreement are defined in document 00 7200 (general conditions) and section 01 4200 (references and definitions) and will have the meaning indicated therein.

6.02 It is understood and agreed that in no instance are the persons signing this agreement for or on behalf of owner or acting as an employee, agent, or representative of owner, liable on this agreement or any of the contract documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of owner is limited and confined to such liability as authorized or imposed by the contract documents or applicable law.

6.03 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under section 4 of the clayton act (15 u.s.c. §15) or under the cartwright act (chapter 2 (commencing with §16700) of part 2 of division 7 of the business and professions code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time owner tenders final payment to contractor, without further acknowledgment by the parties.

6.04 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the contract, as determined by director of the state of California department of industrial relations, are deemed included in the contract documents and on file at owner’s office, and shall be made available to any interested party on request. Pursuant to California labor code §§ 1860 and 1861, in accordance with the provisions of section 3700 of the labor code, every contractor will be required to secure the payment of compensation to his/her employees. Contractor represents that it is aware of the provisions of section 3700 of the labor code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and contractor shall comply with such provisions before commencing the performance of the work of the contract documents.

6.05 During the term of this agreement, contractor warrants that it is currently registered with the department of industrial relations and qualified to perform public work consistent with labor code section 1725.5. Contractor further warrants that any subcontractors who are subject to public contract code section 4104, are registered and qualified to perform public work consistent with labor code section 1725.5.

6.06 This project is subject to compliance monitoring and enforcement by the department of industrial relations.

6.07 This agreement and the contract documents shall be deemed to have been entered into in the county of Monterey, state of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the superior court for the county of Monterey.

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February, 2025
Agreement 00 5200 - 4 City of Seaside
Fort Ord Military Reservation
Property Demolition Project Phase 1B
IN WITNESS WHEREOF the parties have executed this agreement in quadruplicate the day and year first above written.

CONTRACTOR: [CONTRACTOR’S NAME] OWNER: The City of Seaside By: ______________________________ By:
(Signature) (Signature)
______________________________
(Print Name) (Print Name)
Its: _______________________________
Title (If Corporation: Chairman, President (Title)
or Vice President)
Attest:

City Clerk Signature
By: ______________________________
(Signature) (Print Name)
______________________________
(Name)
Its: _______________________________
Title (If Corporation: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer

END OF SECTION
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