Agenda packet — Seaside City Council, March 6, 2025 (part 1 of 2)

AMENDED A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, March 6, 2025
REDEVELOPMENT AGENCY 5:00 PM
__________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ _________________________________________________________________________________

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

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

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

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

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

During the Meeting: When the Chair calls for public comment, members of the public participating in person and wishing to address the City Council may approach the podium when the Chair calls for public comment.

When the Chair calls for public comment, members of the public participating on Zoom and wishing to address the City Council can queue to speak with the “Raise Hand” feature. On the Zoom application, click the “Raise Hand” button. On the phone, press *9 to “Raise Hand”; press *6 to unmute.

5. In accordance with the City’s Remote Meeting Participation Policy for Public Comment: The City of Seaside reserves the right to refuse, limit, and/or revoke use of video conferencing technology and the option for virtual public participation. Granting use of the virtual participation in no way constitutes an endorsement of any person or group to display hateful conduct, including sending or posting hateful images, making violent threats, or targeting others with hateful or abusive speech. The City may remove any participate that violates its agreement or applicable policy with proper notice as outlined in the conditions of use/meeting access.

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City Council REGULAR Meeting March 6, 2025 5:00 PM Agenda Page 2

1. CALL TO ORDER

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

3. INVOCATION AND PLEDGE OF ALLEGIANCE

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

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

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

A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE EVENTS

AND COMMUNITY ANNOUNCEMENTS

7. PRESENTATIONS
A. RECEIVE A PRESENTATION FROM PALENKE ARTS ON THE 2024

COMMUNITY SOCIAL SERVICES GRANT PROGRAM (JUAN SANCHEZ,

PALENKE ARTS EXECUTIVE DIRECTOR/FOUNDER)
B. RECEIVE A PRESENTATION FROM COMMUNITY PARTNERSHIP FOR YOUTH ("CPY") ON THE 2024 COMMUNITY SOCIAL SERVICES GRANT

PROGRAM
C. RECEIVE A PRESENTATION FROM THE FAMILY AND COMMUNITY

SUPPORT PROGRAM (FAMILY & COMMUNITY SUPPORT PRACTITIONER

DERRICK ELDER)
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City Council REGULAR Meeting March 6, 2025 5:00 PM Agenda Page 3

8. CONSENT AGENDA
A. APPROVE A PROCLAMATION RECOGNIZING APRIL 6-12, 2025, AS

NATIONAL CRIME VICTIMS' RIGHTS WEEK
RECOMMENDATION: Approve a proclamation recognizing Crime Victims' Rights Week from April 6-12, 2025, in the City of Seaside.

The agenda was amended and this item was added to the agenda.

B. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF $3,000.00 FROM KINDNESS ROCKS 831 TO ASSIST WITH THE COST

ASSOCIATED WITH THEIR ANNUAL EASTER EGG HUNT
RECOMMENDATION: Approve the request.

C. APPROVE CO-SPONSORSHIP AND WAIVE ALL FEES RELATED TO THE

ACTION COUNCIL - BUILDING HEALTHY COMMUNITIES JUNETEENTH

JUBILEE CELEBRATION AT LAGUNA GRANDE PARK AND SEASIDE CITY HALL LAWN ON JUNE 14, 2025, IN THE AMOUNT OF $4,949.00
RECOMMENDATION: Approve the co-sponsorship and fee waiver request.

D. APPROVE CO-SPONSORSHIP OF SUSTAINABLE SEASIDE'S 2025

SUSTAINABLE SEASIDE EARTH DAY CELEBRATION AND ELECTRIC

VEHICLE TEST DRIVE/DEMO FAIR AT SEASIDE CITY HALL LAWN ON APRIL 27, 2025, IN THE AMOUNT OF $3,421.00
RECOMMENDATION: Approve the co-sponsorship and fee waiver request from Sustainable Seaside.

E. ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS

FOR THE CITYWIDE CDBG ADA CURB RAMP PROJECT AND AWARDING A CONSTRUCTION AGREEMENT TO JMS CEMENT CONTRACTORS INC. FOR AN AMOUNT NOT TO EXCEED $224,000.00 AND TOTAL PROJECT
CONSTRUCTION COST INCLUDING CONTINGENCY OF $244,000.00
RECOMMENDATION: Adopt a resolution approving the plans and specifications for the Citywide CDBG ADA Curb Ramp Project; awarding a construction agreement to JMS Cement Contractors Inc. for an amount not to exceed $224,000.00; establishing approximately 10% construction contingency for a total project construction amount not to exceed $244,000.00; and authorizing the City Manager to execute the construction agreement and approve any amendments, extensions, and charge orders until completion of the project in accordance with the plans and specifications up to the total project construction amount.

F. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES

AGREEMENT WITH WALLACE GROUP FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR AN AMOUNT NOT TO Packet Page 3
City Council REGULAR Meeting March 6, 2025 5:00 PM Agenda Page 4 EXCEED $94,639.00 FOR THE CITYWIDE CDBG ADA CURB RAMP

PROJECT
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a professional services agreement with Wallace Group for construction management and inspection services for the Citywide CDBG ADA Curb Ramp Project for an amount not to exceed $94,639.00.

G. ADOPT A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT

WITH GRACE CARROLL CONSULTING FOR COMPREHENSIVE
EVALUATION SERVICES FOR THE CITY’S SAFE NEIGHBORHOODS AND SCHOOLS "PROP 47" GRANT
RECOMMENDATION: Approve the resolution to authorize the agreement.

H. ADOPT A RESOLUTION PRIORITIZING SEASIDE'S WATER ALLOCATION

WITHIN THE CALIFORNIA AMERICAN WATER COMPANY SERVICE AREA RECOMMENDATION: Adopt a resolution to prioritize water allocations within the Cal-Am Service Area.

I. ADOPT A RESOLUTION AUTHORIZING A MAINTENANCE AND RIGHT OF ENTRY AGREEMENT WITH ASCENT SEASIDE, LLC. FOR STORMWATER

CONTROL AT SEAGROVE APARTMENTS
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a maintenance and right of entry agreement with Ascent Seaside, LLC.

J. ADOPT A RESOLUTION AUTHORIZING A FENCE MAINTENANCE

AGREEMENT WITH ASCENT SEASIDE, LLC FOR A FENCE LOCATED IN THE

PUBLIC ALLEY RIGHT OF WAY ADJACENT TO THE SEAGROVE

APARTMENTS
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a fence maintenance with Ascent Seaside, LLC.

K. ADOPT A RESOLUTION APPROVING TWO STORM DRAINAGE EASEMENTS

FOR CAMPUS TOWN PROJECT
RECOMMENDATION: Approve the attached drainage easements between the City of Seaside (“City” or “Grantor”) and KB-Bakewell Seaside II, LLC (“Grantee” or “Developer”), for (a) the GJM/Lightfighter East Basin, and (b) the 1st Street/Lightfighter West Temporary Basin.

9. PUBLIC HEARING
A. INTRODUCTION OF AN ORDINANCE AMENDING TITLE 2 OF THE

SEASIDE MUNICIPAL CODE FOR THE PURPOSE OF CORRECTING TYPOS,

MISNUMBERED CODE SECTIONS, SENTENCE STRUCTURE, MISSING
DEFINITIONS, CLARIFICATIONS AND PROPOSED TEXT AMENDMENTS.

IN ACCORDANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT Packet Page 4
City Council REGULAR Meeting March 6, 2025 5:00 PM Agenda Page 5 (CEQA) GUIDELINES THE PROPOSED AMENDMENTS ARE EXEMPT PER 15061(B)(3) (SECOND READING, ROLL CALL VOTE)
RECOMMENDATION: Conduct the second reading and adopt the ordinance.

The agenda was amended and this item had corrections applied to Attachment 5.

See staff report for details.

10. BUSINESS ITEMS
A. APPROVE FIVE-YEAR LEASE AGREEMENT WITH FRIENDS OF SEASIDE

PARKS (FOSPA) AND THE CITY OF SEASIDE FOR A PORTION OF CAPRA PARK
RECOMMENDATION: Approve lease with the FOSPA for the purposes of developing, maintaining and caring for community garden area and authorize the City Manager to take all other actions to implement the agreement.

B. CONSIDER A POTENTIAL PARTNERSHIP WITH MONTEREY BAY

FOOTBALL CLUB (COUNCIL MEMBER MILLER)
RECOMMENDATION: Consider the request for partnership with Monterey Bay FC.

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

1. Increase the amount of monthly stipends for City Council members (Pacheco)

2. Receive a report on the "Day-lighting" enforcement (Garcia-Arrazola)

3. Limiting/moratorium on new gun shops in Seaside (Oglesby)

4. Short-term rental funds distribution (Burks)

5. SNIP Bus funding (Burks)

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

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

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

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City Council REGULAR Meeting March 6, 2025 5:00 PM Agenda Page 6 A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Attorney
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al
Negotiating Parties: KBB Seaside Venture, et. al. and City of Seaside Under Negotiation: Price, terms of payment or both
C. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS PURSUANT TO GOVERNMENT CODE 54956.8
Property: 956 & 962 Hilby Avenue, Seaside, CA 93955
Agency Negotiators: City Manager, City Attorney.

Negotiating Parties: Stepping Stone Outreach, Inc. and City of Seaside Under Negotiation: Price, terms of payment, or both
The agenda was amended and this item was added to the agenda.

D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (D)(2)
Two Matters of Potential Litigation

14. ADJOURNMENT
Next Regularly Scheduled Meeting:

March 20, 2025
5:00 p.m.

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

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City of Seaside

PROCLAMATION
National Crime Victims’ Rights Week
April 6-12, 2025
WHEREAS, surviving a crime can have myriad lasting effects on victims, including physical, psychological, social, and financial issues; and WHEREAS, we know that countless survivors never tell anyone about what happened to them; each of us has a moral responsibility to actively participate in the healing of others; and WHEREAS, it is necessary to create safe environments for survivors of crime, providing not only support but also access to critical services and, above all, hope; and WHEREAS, victim service providers, community members, businesses, places of worship, colleagues, neighbors, and family members are capable of providing victim-centered, traumainformed, and culturally responsive support; and WHEREAS, we must listen to survivors and be willing to create new options for support to ensure that all victims of crime can receive help and seek justice; and WHEREAS, we must do everything we can to show survivors that hope — the belief that the future will be better — is not just tangible but within their reach; and WHEREAS, National Crime Victims’ Rights Week encourages all people to ask themselves the question, “How would you help a victim of crime?”; and WHEREAS, the City of Seaside is hereby dedicated to raising awareness of options, services, and hope for crime survivors.

NOW THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim the week of April 6-12, 2025, as Crime Victim’s Rights Week reaffirming this City’s commitment to creating a victim service and criminal justice response that assists all victims of crime during Crime Victims’ Rights Week and throughout the year; and expressing our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so that they may find relevant assistance, support, justice and peace. _________________________
Ian N. Oglesby, Mayor
Mach 6, 2025
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Dan Meewis, Assistant City Manager
DATE: March 6, 2025
SUBJECT: APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF $3,000.00 FROM KINDNESS ROCKS 831 TO ASSIST WITH

THE COST ASSOCIATED WITH THEIR ANNUAL EASTER EGG
HUNT

RECOMMENDATION
Approve the request.

BACKGROUND
Kindness Rocks 831 is requesting a donation of $3,000.00 from the Mayor's Youth Fund to assist with the cost associated with their Annual Easter Egg Hunt. The funds will go towards purchasing plastic eggs, egg stuffers, first, second, and third prizes, bunny hop prizes, art and crafts for all to enjoy, board games for kids, rock painting supplies, live music (DJ), bunny costume, photographer for family photos with Easter bunny. Their goal is to have several recycling trash cans set up throughout the park. They will also be cleaning up trash throughout the event. they will be using eco-friendly plates and cups. They also only use non-toxic painting products for rock painting.

Based on the information provided, staff has determined that the application meets the requirements of the Mayor's Youth Fund Policy. They received their last donation at the June 16, 2022, City Council meeting. They submitted their 2022 Mayor's Youth Fund Closing Report within the 60-day time frame.

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account Packet Page 8

Item No. 8.B. Page 2 of 2
(601-2106) is $25,364.61. If the City Council approves this request, the balance will decrease to $22,364.61. This is for fiscal year 2024/25.

In the event that all of the funds in the Mayor's Youth Fund become exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council meeting.

ATTACHMENTS

1. MYF Kindness Rocks 831 2025

2. Kindness Rocks 831 501(c)(3) and Non Profit Information

3. Mayor's Youth Fund Closing Report - Kindness Rocks 831 2022 Reviewed for Submission to the City Council by:

________________________________________
Dan Meewis, Interim City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Supervisor
DATE: March 6, 2025
SUBJECT: APPROVE CO-SPONSORSHIP AND WAIVE ALL FEES RELATED

TO THE ACTION COUNCIL - BUILDING HEALTHY

COMMUNITIES JUNETEENTH JUBILEE CELEBRATION AT

LAGUNA GRANDE PARK AND SEASIDE CITY HALL LAWN ON
JUNE 14, 2025, IN THE AMOUNT OF $4,949.00

RECOMMENDATION
Approve the co-sponsorship and fee waiver request.

BACKGROUND
The Action Council Building Healthy Communities is requesting to hold their annual "Juneteenth Jubilee Celebration" on Saturday, June 14, 2025. Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States. This day is celebrated with performances (speakers, singers, dancers, etc.), a barbecue, watermelon, and red soda. Juneteenth Jubilee Celebration is open to the public and no fees will be charged. This application was reviewed by the City's Special Event Committee.

This event will also need to utilize Canyon Del Rey Boulevard for the activities of the event. The closure of Canyon Del Rey Boulevard will greatly enhance the event, and will allow for greater safety for participants, volunteers, and the organizing team.

They are requesting the use of a portable stage, a sound system, electrical access, bounce houses, the city's pop-up tents, 10 tables, 85 chairs, portable restrooms and washing stations. The last fee waiver and co-sponsorship request was approved at the April 04, 2024, City Council meeting.

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Item No. 8.C. Page 2 of 2

FISCAL IMPACT
Should the City Council approve the request for the full fee waiver for the event, the approximate fiscal impact is as follows:

Special Event Application $ 110.00
Laguna Grande Park Rental Fee $ 121.00
City Hall Lawn Rental Fee $ 112.00
Laguna Grande Park & City hall Lawn Deposit $ 381.00
Bounce House Fee $ 34.00
Public Works/Setup and Breakdown $ 2,809.00
Portable Potties & Hand Wash Station $1,200.00
Insurance $ 294.00
TOTAL $4,949.00

ATTACHMENTS

1. Action Council - Building Healty Comminties - Fee Waiver Request & Special Event Application 2025

2. Maps - Action Council - Building Healty Comminties -Juneteenth - 2025

3. Temporary Street Closure Policy- Action Council - Building Healhy Commuities 2025
Reviewed for Submission to the City Council by:

________________________________________
Dan Meewis, Interim City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

ELECTRIC VEHICLE TEST DRIVE/DEMO FAIR AT SEASIDE CITY
HALL LAWN ON APRIL 27, 2025, IN THE AMOUNT OF
$3,421.00

RECOMMENDATION
Approve the co-sponsorship and fee waiver request from Sustainable Seaside.

BACKGROUND
Sustainable Seaside is requesting co-sponsorship to waive all fees and staff costs related to their annual Seaside Earth Day Celebration and Electric Vehicle Test Drive/Demo Fair on the City Hall Lawn on April 27, 2025. A Special Event application was submitted and reviewed by staff and the Special Event Committee.

This annual community celebration of the arts, nature, and sustainability focuses our attention on how we can all be more environmentally friendly in our neighborhoods, the City, and the world. It is not only a celebration, but an educational opportunity for the community, meant to raise awareness of and foster sustainability locally and towards a healthy planet. In addition, the Parks & Recreation Commission will be hosting an Arbor Day celebration in conjunction with Sustainable Seaside during this event, and will be providing information on improving our tree canopy in the City.

They are requesting the use of a portable stage, electrical access, 34 tables, 64 chairs, and a sound system. This is the sixth request from Sustainable Seaside for cosponsorship of this event. The last fee waiver and co-sponsorship request was approved Packet Page 49

Item No. 8.D. Page 2 of 2
at the February 15, 2024, City Council meeting.

FISCAL IMPACT
Should the City Council approve the request for co-sponsorship of the Seaside Sustainable Earth Day Celebration and Electric Vehicle Test Drive/Demo Fair to waive all fees and staff costs, the approximate fiscal impact is as follows:

Public Works Staff/Set-up and Tear Down $2,809.00
Special Event Application Fee $ 110.00
Deposit $ 183.00
Insurance Coverage $ 207.00
Rental Fee $ 112.00
TOTAL $3,421.00

ATTACHMENTS

1. Sustainable Seaside Special Event Application 2025

2. Sustainable Seaside Fee Waiver Request 2025

3. Sustainable Seaside Layout Map on City Hall Lawn 2025

4. Seaside Earth Day EV Test Drive Map 2025
Reviewed for Submission to the City Council by:

________________________________________
Dan Meewis, Interim City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Thomas Korman, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: March 6, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING THE PLANS AND

SPECIFICATIONS FOR THE CITYWIDE CDBG ADA CURB RAMP

PROJECT AND AWARDING A CONSTRUCTION AGREEMENT TO
JMS CEMENT CONTRACTORS INC. FOR AN AMOUNT NOT TO
EXCEED $224,000.00 AND TOTAL PROJECT CONSTRUCTION
COST INCLUDING CONTINGENCY OF $244,000.00

RECOMMENDATION
Adopt a resolution approving the plans and specifications for the Citywide CDBG ADA Curb Ramp Project; awarding a construction agreement to JMS Cement Contractors Inc. for an amount not to exceed $224,000.00; establishing approximately 10% construction contingency for a total project construction amount not to exceed $244,000.00; and authorizing the City Manager to execute the construction agreement and approve any amendments, extensions, and charge orders until completion of the project in accordance with the plans and specifications up to the total project construction amount.

BACKGROUND
The Citywide CDBG ADA Curb Ramp Project (Project) will remove non-compliant curb returns and replace them with accessible curb ramps per Caltrans A88A standard details at selected intersections within its existing footprint. On February 6, 2025, the City Council approved the Project in the FY 2024/2025 Capital Improvement Program with a budget of $340,000.00 funded by a Community Development Block Grant (CDBG).

Due to the tight timeframe to expend the CDBG Funds, staff completed the design, held a mandatory pre-bid meeting in which several contractors attended, and the Project Packet Page 70

Item No. 8.E. Page 2 of 3
was released for construction bids on February 6, 2024. Bids were received and opened on February 27, from the following contractors:

Contractor Bid
JMS Cement Contractors, Inc. $266,060.00
Villalobos & Associates, Inc $365,450.00
The Don Chapin Company Inc. $504,500.00
Percision Grade, Inc. $608,860.00
Staff reviewed and evaluated the submitted bids, and it was determined that JMS Cement Contractors, Inc. is the lowest responsive and responsible bidder with a total bid amount of $266.060.00 and that they have the qualifications and experience levels satisfactory to perform all work within the project scope.

Due to the budget constraints for this Project and associated construction costs, it is recommended to approve a total construction agreement with JMS Cement Contractors, Inc. for an amount not to exceed $224,000.00. Based upon this amount, it is estimated a total of 29 curb ramps can be constructed.

ENVIRONMENTAL COMPLIANCE
All HUD-assisted projects are required to undergo an environmental review to evaluate the environmental impacts of the federal investment and be in compliance with the National Environmental Policy Act (NEPA), and other related federal and state environmental laws. Based on environmental analysis pursuant to 24 CFR 58.35(a), the City of Seaside has determined that the Project would not negatively impact the surrounding environment and would not have an adverse environmental or health effect on end users. Therefore, the categorically excluded Project converts to Exempt, per

58.34(A)(12) because there are no circumstances which require compliance with any of the federal laws and authorities cited at §58.5.

Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Section 15301 Existing Facilities). The project includes removing non-compliant curb returns and replacing them with accessible curb ramps, which would not result in an expansion of use.

FISCAL IMPACT
The Citywide CDBG ADA Curb Ramp Project was added to the Capital Improvement Program with a $340,000.00 budget funded through a Community Development Block Grant by City Council on February 6, 2025. There are sufficient funds in the Project account 212-8960-9578 to execute the construction agreement including construction contingency in the amount of $224,000.00.

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Item No. 8.E. Page 3 of 3

ATTACHMENTS

1. Resolution

2. Agreement

3. Plans

4. Specifications
Reviewed for Submission to the City Council by:

________________________________________
Dan Meewis, Interim City Manager
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RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE PLANS AND SPECIFICATIONS FOR THE CITYWIDE CDBG

ADA CURB RAMP PROJECT AND AWARDING A CONSTRUCTION AGREEMENT TO XX FOR AN AMOUNT NOT TO EXCEED $224,000.00 AND TOTAL CONSTRUCTION COST INCLUDING CONTINGENCY OF $244,000.00
WHEREAS, the Citywide CDBG ADA Curb Ramp Project (Project) is an approved Project in the FY 2024/2025 Capital Improvement Program with a project budget of $340,000.00 of Community Development Block Grant (CDBG) funds; and WHEREAS, the Project will remove non-compliant curb returns and replace them with accessible curb ramps per Caltrans A88A standard details at selected intersections within its existing footprint; and
WHEREAS, the Project bid documents were released for construction bids on February 6, 2025 and bids were opened on February 27, 2025; and WHEREAS, JMS Cement Contractors, Inc. was determined to have the lowest responsive and responsible bid in the amount of $266,060.00; and WHEREAS, due to the budget constraints for this Project and associated construction costs, it is recommended to approve a total construction agreement with JMS Cement Contractors, Inc. for an amount not to exceed $224,000.00; and WHEREAS, $20,000.00 contingency, approximately 10% of the agreement value, should be authorized on an as required basis; and
WHEREAS, JMS Cement Contractors, Inc. has successfully completed similar projects; and
WHEREAS, the Project is categorically excluded per NEPA §58.34(A)(12) because there are no circumstances which require compliance with any of the federal laws and authorities cited at §58.5; and
WHEREAS, the Project is categorical exempt per Article 19, section 15301 of CEQA because the project consists of removing non-compliant curb returns and replacing them with accessible curb ramps, and involves negligible or no expansion of use.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the plans and specifications for the Citywide CDBG ADA Curb Ramp Project, and authorizes the City Manager to execute a construction agreement with JMS Cement Meeting Date: 03/06/25
Item # 8..

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Contractors, Inc. for an amount not to exceed $224,000.00 and up to approximately 10% in contingency for written amendments to the construction agreement outlined above such that the full value of the construction agreement may not exceed $244,000.00.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Seaside duly held on the 6th day of March 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
APPROVED TO FORM:
________________________________
Sheri L. Damon, City Attorney
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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 6th day of March, 2025, by and between JMS Cement Contractors Inc. whose place of business is located at 2804 El Camino Real N. Salinas, CA 93907 (“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 March, 2025 awarded to Contractor the following Contract:

CONTRACT NUMBER AG 25-___
Citywide CDBG ADA Curb Ramp Project
located in
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 two hundred and twenty four thousand dollars ($224,000.00) for completion of Work in accordance with the 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 March 13th, 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 JMS Cement Contractors Inc..

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 60 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 May 12th, 2025.

C. At time of advertisement, Fina Completion is May 27th, 2025.

ARTICLE 3 - PROJECT REPRESENTATIVES

3.01 Owner’s Project Manager
Packet Page 75
February, 2025
Agreement 00 5200 - 2 City of Seaside
Fort Ord Military Reservation
Property Demolition Project Phase 1B
A. Owner has designated Leslie Ll 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 Engineer
A. City of Seaside 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 ($3,200) 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 ($3,200) 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:

INTRODUCTORY INFORMATION
00 0101 Title Page
00 0110 Table of Contents
00 0115 Drawing List

BIDDING REQUIREMENTS
00 1113 Notice Inviting Bids
00 2113 Instructions to Bidders
00 3132 Geotechnical Data and Existing Conditions

BID FORMS AND BID SUBMITTALS
00 4113 Bid Form
00 4313 Bond Accompanying Bid
00 4314 Bidder Registration Form
Exhibit 12-B Bidder’s List of Subcontractor (DBE & Non-DBE) Exhibit 15-G Construction Contract DBE Commitment
00 4513 Statement of Qualifications
00 4519 Non-Collusion Affidavit
00 4546 Bidder Certifications
HUD-4010 Federal Labor Standards Provisions
00 4600 Debarment and Suspension Certification
00 4700 Non Lobbying Certification for Federal-Aid Contracts 00 4800 Disclosure of Lobbying Activities
CDBG B Past Performance Certification
CDBG D Non-Segregated Facilities
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February, 2025
Agreement 00 5200 - 3 City of Seaside
Fort Ord Military Reservation
Property Demolition Project Phase 1B
CDBG E Compliance with Clean Water Act
CDBG F Worker’s Compensation

CONTRACT FORMS
00 5100 Notice of Award
00 5200 Agreement
00 5500 Notice to Proceed
00 6113.13 Construction Performance Bond
00 6113.16 Construction Labor and Material Payment Bond 00 6290 Escrow Agreement for Security Deposits in Lieu of Retention 00 6325 Substitution Request Form
00 6530 Release of Claims
00 6536 Guaranty

CONDITIONS OF THE CONTRACT
00 7200 General Conditions
00 316 Supplementary Conditions – Insurance and Indemnification 00 9113 Addenda (Addendum 1, Addendum 2 & Addendum 3)
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.

Packet Page 77
February, 2025
Agreement 00 5200 - 4 City of Seaside
Fort Ord Military Reservation
Property Demolition Project Phase 1B

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 - 5 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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March 6, 2025
City Council Regular Meeting
Item 8E

ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE

CITYWIDE CDBG ADA CURB RAMP PROJECT AND AWARDING A CONSTRUCTION AGREEMENT TO JMS CEMENT CONTRACTORS INC. FOR AN AMOUNT NOT TO EXCEED $224,000.00 AND TOTAL PROJECT CONSTRUCTION COST INCLUDING CONTINGENCY OF $244,000.00
Attachment 3 – Plans
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March 6, 2025
City Council Regular Meeting
Item 8E

ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

SERVICES AGREEMENT WITH WALLACE GROUP FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR AN AMOUNT NOT TO EXCEED $94,639.00 FOR THE

CITYWIDE CDBG ADA CURB RAMP PROJECT

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a professional services agreement with Wallace Group for construction management and inspection services for the Citywide CDBG ADA Curb Ramp Project for an amount not to exceed $94,639.00.

BACKGROUND
The Citywide CDBG ADA Curb Ramp Project (Project) will remove non-compliant curb returns and replace them with accessible curb ramps per Caltrans A88A standard details at selected intersections within its existing footprint. The project is funded through the Community Development Block Grant program in the amount of $340,000.00 and a approved project in the Capital Improvement Program (CIP). It is estimated that approximately 24-30 curb ramps can be constructed.

The Project was released for construction bids on February 6, 2025, and bids were opened on February 27, 2025. The construction contract is on this March 6, 2025 Council Agenda for approval.

The Project is scheduled to take 60 days to reach final completion of construction of the Project, and requires daily oversight of the contractor. The City does not have the personnel resources to support the project at this time. The Wallace Group (Wallace) is Packet Page 82

Item No. 8.F. Page 2 of 2
on the City's list of On-Call Engineering Consultants to perform professional and technical services for the implementation of the CIP. Wallace provided construction management and inspection services for the Cutino Park Part 2 Phase 1 project, which was partially funded by a Community Development Block Grant (CDBG). The City requested and Wallace provided a proposal for construction management and inspection services for the Project for the amount of $94,639.00. The services include pre-construction coordination, contractor coordination, response to contractor's request for information, processing change order requests, quantity calculations, progress estimates, daily inspections, site documentation, labor compliance, and project closeout. Staff reviewed the proposal and found the scope and fee acceptable.

FISCAL IMPACT
The professional service agreement with Wallace for construction management and inspection services for the Citywide CDBG ADA Curb Ramp Project is for an amount not to exceed $94,639.00. The Citywide CDBG ADA Curb Ramp Project is an approved project in the 2024/2025 CIP with a project budget of $340,000.00 funded by the Community Development Block Grant (account No. 212-8960-9578).

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:

________________________________________
Dan Meewis, Interim City Manager
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Meeting Date: 03/06/25
Item 8..

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE PROFESSIONAL SERVICES AGREEMENT WITH

WALLACE GROUP FOR CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE CITYWIDE CDBG ADA CURB RAMP PROJECT FOR AN AMOUNT NOT TO EXCEED $94,639.00
WHEREAS, the Citywide CDBG ADA Curb Ramp Project (Project) is an approved Project in the FY 2024/2025 Capital Improvement Program (CIP) with a project budget of $340,000.00 of Community Development Block Grant (CDBG) funds; and WHEREAS, the Project will remove non-compliant curb returns and replace them with accessible curb ramps per Caltrans A88A standard details at selected intersections within its existing footprint; and
WHEREAS, the Project bidding documents were released for construction bids on February 6, 2025 and bids were opened on February 27, 2025; and WHEREAS, XXX was determined to be the lowest responsive and responsible bidder; and
WHEREAS, the Project requires daily oversight of the contractor and the City does not have the personnel resources to support the project at this time; and WHEREAS, Wallace Group is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and WHEREAS, Wallace submitted a proposal to perform construction management and inspection services for the Project from pre-construction through project closeout including labor compliance in the amount of $94,639.00; and WHEREAS, Staff has determined the proposed scope of work and budget are reasonable and within the available budget.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Professional Services Agreement with Wallace Group for construction management and inspection services for the Citywide CDBG ADA Curb Ramp Project for an amount not to exceed $94,639.00.

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

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Meeting Date: 03/06/25
Item 8..

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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CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT

CITYWIDE CDBG ADA CURB RAMP PROJECT

CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and the Wallace Group, a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on _____________ and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement.

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

3. PERFORMANCE
Consultant shall perform all professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

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

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5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Ninety Four Thousand Six Hundred Thirty Nine Dollars ($94,639.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

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

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

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

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Packet Page 88
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Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
(c) The city agrees to hold Consultant harmless from all damages, claims expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

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

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
(b) For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Packet Page 89
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Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

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

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

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or Packet Page 90
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employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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

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

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

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

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: Wallace Group
612 Clarion Court
San Luis Obispo, California 93401
Att: Kari E. Wagner. PE_

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

Zach Tesky may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Zach Tesky from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.

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

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

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19. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

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

21. WORK SCHEDULED/TIME OF COMPLETION
Agency and Consultant agree that time is of the essence in this Agreement.

Consultant shall perform as described in Exhibit A.

22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A hereto. In the event of conflict, the requirements of Agency's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals. The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or Agency, unless expressly agreed to in writing.

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

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

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(Signatures on next page)
CONSULTANT: Wallace Group________
A California Corporation
By: ______________________________ Date:_________________ Kari E. Wagner, Principal
City of Seaside_______________________
A Municipal Corporation
______________________________ Date:_________________
City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit C Insurance Requirements
Exhibit D RFQ: On-Call Consultants – Engineering Services Exhibit E Resolution 22-62 On-Call Services
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February 7, 2025
Leslie Llantero
440 Harcourt Ave
Seaside, CA 93955
Subject: Construction Management & Inspection Services for the City of Seaside – Citywide CDBG ADA Curb Ramp Project
Dear Ms. Llantero:

Wallace Group appreciates the opportunity to provide you with our proposal for construction management and inspection services (CM&I) for the above referenced project. Based on our discussion, our detailed review of the project plans and specifications, we are pleased to submit the following proposal for your consideration.

PROJECT UNDERSTANDING
The City of Seaside (City) is performing the installation of new curb ramps located at various locations throughout the City, with emphasis on this project on Ord Grove and Kimball Ave. No order of priority has been developed yet and we anticipate assisting in this process with the awarded contractor and the City. No detailed design or survey was performed as part of the design process and these details will be determined in the field in coordination with the Contractor, the City, and our on-site construction inspector. It is anticipated that most curb ramps will be Caltrans Case C-1 and C-2 per the typical detail provided on Sheet C3.0 with reference to Caltrans Standard Drawings A88A and A87A.

We understand that the City has received CDBG funding for this project and specific reporting and forms will be required. We have included services from 360PSM to provide labor compliance interviews and monitoring for this project in support of the CDBG reporting requirements.

We understand the City has prepared the drawings and specifications for this project, and as part of our proposal, we have reviewed the following bid documents:

1. Citywide CDBG ADA Curb Ramp Project plans dated February 2025

2. Project Manual for Citywide CDBG ADA Curb Ramp Project specifications

SCOPE OF SERVICES
TASK 1: PRE-CONSTRUCTION SERVICES
Project Communication and Coordination
• Facilitate project communication and coordination with the City, the design engineer, utilities, local business, property owners and residents, and contractor • Establish Procore Construction Management Software project and provide training to City project staff
• Conduct virtual Weekly Progress meetings with contract, City staff, and other involved entities
• Record and distribute meeting minutes
Packet Page 95
City of Seaside – CDBG ADA Curb Ramp Project
February 7, 2025

Page 2 of 5 ends

Preconstruction Conference
• Schedule in-person pre-construction conference after contract NTP and invite attendees:

Wallace Group CM Team, Contractor, City staff, and other involved entities • Develop and distribute agenda prior to conference
• Conduct Procore orientation
• Meeting will include contractor responsibility toward:
o Safety/Site Security
o Public relations
o Utility coordination
o Traffic Control
o Site access/Staging
o Agreements
o Labor compliance
o Order of work
o Weekly meetings
o Submittals and RFI’s
o Quality control
o Procedures for handling extra work or change of conditions o Schedule updates
o Progress pay requests
• Record and distribute meeting minutes
• Establish tasks and dues dates for outstanding items resulting from conference Pre-Construction Photos
• Collect pre-construction photos of project locations, including curb ramps, roadways, and staging area
• Photos will be collected and stored in Procore and available for reference by all project members
Request for Information (RFI) and Submittal Management
• Utilize Procore to track and review submittals and RFI’s from Contractor • Review submittal requirements and coordinate reviews with Design Engineer and City staff • Review and accept contractor’s submittal schedule to establish list of required submittals, including due dates
• Develop and maintain submittal and RFI log within Procore • Establish electronic workflow and tracking requirements within Procore • Track and manage timely submittal and RFI review and response Deliverables:
• Reviewed submittals and submittal log
• Reviewed RFIs and RFI log
• Pre-Construction Photos
• Pre-Construction Conference Agenda and Minutes
TASK 2: CONSTRUCTION PHASE
Based on the bidding documents, this project will be completed within 60 working days and have budgeted for part time inspection (4 hours/day) and two hours/day for project management. Our time and level of effort will be highly depended upon the Contractors schedule and approach to the work and any unused budget will be returned to the City. Work during the construction phase will include:

Packet Page 96
City of Seaside – CDBG ADA Curb Ramp Project
February 7, 2025

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Construction Progress Meetings
• Schedule and conduct weekly project construction meetings • Develop and distribute meeting agenda and minutes
• Meeting will include
o Project status
o Schedule review of 3 Week Look Ahead
o Stakeholder coordination
o Safety & Traffic Control Review
o Testing and Inspections
o Outstanding documentation review (submittals/RFIs)
Coordination of Contract Execution
• Determine mobilization schedule in conjunction with project start date • Finalize Procore systems record keeping documentation and contract administration developed in preconstruction phase
Project Schedule
• Monitor project schedule
• Coordinate with contractor and City staff on schedule changes and adjustments throughout the project
• Keep stakeholders informed of construction schedule
• Review Contractors 3 Week Look Ahead Schedule
Change Order Management
• Review and qualify contractor requested change orders • Investigate proposed change orders and receive City approval prior to work taking place • Maintain log and track change order impacts
• Establish and maintain files and documentation for use in change negotiations or potential claims
• Prepare construction change order (in City format) for approval and signature Progress Payments and Quantity Tracking
• Review and qualify contractor’s monthly payment applications • Coordinate daily reports and quantities with Contractor’s foreman, identify and record potential disputes for future reference
• Review monthly Request for Payment, sign, and recommend approval for payment to the City
Construction Observation
• Perform on-site construction observation and oversight during construction activities • Prepare Daily Log observation reports, including tracking labor, equipment, weather, observations/notes, quantities, and photos.
o Daily reports will be maintained and available to team members at all times o Observations and oversight include:
 Concrete Flatwork
 Traffic control plans and implementation
 Pedestrian and bicycle access
 Lane closures
 Pavement delineation
 Stormwater compliance
• Report to the City when work is performed that is unsatisfactory, faulty, or does not conform to the Contract documents and advise on how the work should be remedied • Inspector will help to coordinate notification of Police or other City Departments and may dialogue with the public on-site
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City of Seaside – CDBG ADA Curb Ramp Project
February 7, 2025

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• Provided oversight on the requirements of the encroachment permit are performed and documented
• Review compliance with contract documents
• Record and report design modifications
• Track inspectors set of as-builts for comparison with set provided by the Contractor for project record

Safety
• Monitor contractor’s safety practices for compliance with safety program • Utilize the following documents during field safety monitoring program:
o CAL-OSHA Construction safety orders
o Traffic Control Plan
o Contractor safety plan
• Work with contractor to resolve any safety concerns on site • Advise City of any observed or unresolved deficiencies Punch List
• Schedule for final observation with Contractor and City to inspect complete and near complete work for deficiencies
• Review and track punch list and track items to resolution • Provide completed punch list documentation and report to City upon completion • Recommend and approve final payment to contractor
• Assist with the preparation and signing of the Acknowledgement of Construction Closeout and Release of Claims form
Deliverables:
• Weekly Construction Meeting Agendas and Minutes
• Inspector Daily Logs and Photos
• Progress Payment Reviews
Change Order/Force Account Documentation
TASK 3: POST-CONSTRUCTION
As-Built Drawings
• Review as-built drawings provided by Contractor
• Assist City in review and completion of final certified record drawings Project Closeout
• Review final invoice from the contractor
• Assemble and deliver all records, reports, certificates, pictures upon project completion • Closeout documentation can will be delivered in digital format Deliverables:
• Comments and review of Contractors As-Built Drawings
• Project Close Out Documentation (Submittals, RFIs, Daily Logs, Photos, Change Orders, Progress Payments, etc.)

SCHEDULE
The project is currently out to bids due in late February 2025. We expect the work to start in April/May 2025 and will continue for 60 working days.

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City of Seaside – CDBG ADA Curb Ramp Project
February 7, 2025

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BUDGET
Wallace Group will perform the services denoted in the proposed Scope of Services in accordance with the attached Standard Billing Rates (Exhibit A). These services will be invoiced monthly on an accrued cost basis, and our total budget, including reimbursables will not exceed our estimated budget of $94,639 without receiving written authorization from the Client.

The detailed breakdown of our estimate budget is attached to this proposal.

ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The following services are not included in this Scope of Services or estimate of fees:
• Survey
• Engineering Services
• Materials Testing

TO BE PROVIDED BY THE CLIENT
Client shall provide the DIR Project Number for this project. To do so, the Client will need to complete the PWC-100 form and submit to the DIR prior to the commencement of the field survey. This is required to be in compliance with State of California Prevailing Wage laws.

TERMS AND CONDITIONS
If this proposal meets with your approval, please sign where indicated and return to our office, which will serve as our notice-to-proceed.

We want to thank you for this opportunity to present our proposal for construction management and inspection services. If you would like to discuss this proposal in greater detail, please contact Zach Teske at [email protected] or 831-226-9132.

Sincerely,
WALLACE GROUP, a California Corporation TERMS AND CONDITIONS ACCEPTED:

Zach Teske, PE ____________________________________
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
THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE OF THIS DOCUMENT.

Attachments
Budget Estimate
Exhibit A - 2025 Standard Rate Sheet
Exhibit B – 360PSM Proposal
Packet Page 99
360PSM INC.

2.05.2025
Zach Teske PE C87350
Director of Construction Management
WALLACE GROUP | DEDICATION TO SERVICE
C 831-226-9132 | T 805 544 4011
[email protected]
Subject: Proposal for Federal CDBG grant funding / State Labor Compliance for the CM, Inspection & Labor Compliance for City of Seaside.

Dear Mr. Teske
360PSM is a Certified Woman Minority Business Enterprise (WMBE) founded in 2018. State of California Certified Disadvantaged Business Enterprise (DBE #45909), California Small Business for Purpose of Public Works (SB-PW) certification (ID 2019749), registered with the State of California Department of Industrial Relations, Registration Number: PW-LR-1001158288 Supporting the WALLACE GROUP team will be Catalina Ferreto, President of 360PSM and Labor Compliance Monitoring Officer- Analyst. Leticia Manriquez, Labor Compliance Field Interviews Assistant. 360PSM recently provided non-engineering support services on a Federally Funded infrastructure project and on a State of California funded infrastructure projects. 360PSM is committed to working with the WALLACE GROUP team on the CM, Inspection & Labor Compliance for City of Seaside.
360PSM will provide the following services
• State of California Compliance
• Federal Labor Compliance Activities for a CDBG Grant
• Field Interviews
We look forward to working with you and the other team members on this important project The main point of contact for this project is Catalina Ferreto and she can be reached by phone at 831-500-1263 by mail at 18110 Stonehaven Dr, Salinas CA, 93908 or via email at [email protected]
Catalina Ferreto
360PSM Inc.

President
831-500-1263
www.360psm.com
Exhibit B Packet Page 100

5.9. Firm Qualification and Experience

5.9. Firm Qualification and Experience
Firm Name 360PSM INC.

DBE Firm Information State of California #45909
Local Firm Monterey County
Firm type S-Corp
Year established 2018
Website www.360psm.com
DIR number PW-LR-1001158288
Primary point of contact (name,
address, phone, email, office)
Catalina Ferreto, President
18110 Stonehaven, Salinas, CA 93908
[email protected]
831-500-1263
Location of the office from which work
on this engagement is to be performed
18110 Stonehaven, Salinas, CA 93908 or field
interviews where capital project is under
construction
Size of 360PSM Inc. and number and
nature of staff.
360PSM has one full time employee and two
part-time employees and 4 on-call employees.

Number of staff to be assigned will depend on
the number of projects and size of projects.
360PSM is a Local Firm in the Monterey County. Certi�ied Woman Minority Business Enterprise (WMBE) founded in 2018. State of California Certi�ied Disadvantaged Business Enterprise (DBE #45909), California Small Business for Purpose of Public Works (SB-PW) certi�ication (ID 2019749). 360PSM was founded in 2018 by Catalina Ferreto and was created with the goal of assisting agencies on implementing the guidelines and procedures for local agencies to comply with labor compliance and associated provisions derived from the California Labor Code of Federal Regulations, regulations of the FHWA , the California Code of Regulations, and the United States Department of Labor. We help agencies to monitor contractor compliance with all the applicable payment of prevailing wages and requirements of the contract provisions.

In 2018, 360PSM was formed and began providing Labor Compliance Services to Public Agency clients. 360PSM headquarters of�ice is located within the unincorporated County of Monterey. 360PSM successfully continues to provide Labor Compliance Services including previously assisting the City of Salinas, County of Monterey, City of Soledad, City of Seaside, County of Santa Cruz, City of Santa Cruz, San Lorenzo Valley Water District, Pajaro Sunny Mesa Water District, City of Vallejo, City of Palmdale, San Bernardino, City of Gonzales.

Person who will be authorized to answer questions and to bind the firm, the person’s title, office and mailing address, email address and telephone number.

Catalina Ferreto
President
360PSM INC.
831-500-1263
[email protected]
Packet Page 101
Firm Bios
Firm Bios

Labor Compliance Monitoring Officer- Analyst Catalina Ferreto is the owner and founder of 360PSM in 2018. 360PSM is a Certified Woman Minority Business Enterprise (WMBE) founded in 2018. State of California Certified Disadvantaged Business Enterprise (DBE #45909), California Small Business for Purpose of Public Works (SB-PW) certification (ID 2019749). 360PSM was formed and began providing Labor Compliance Services to Public Agency clients. 360PSM headquarters office is located within the unincorporated County of Monterey. 360PSM, Catalina Ferreto successfully continues to provide Labor Compliance Services including previously assisting the City of Salinas, County of Monterey, City of Soledad, City Gonzales, City of Seaside, County of Santa Cruz, City of Santa Cruz, San Lorenzo Valley Water District and Pajaro Sunny Mesa Water District, City of Vallejo, City of Palmdale, Monterey Regional Park District, City of San Bernardino.

Labor Compliance Field Interviews Assistant Leticia Manriquez Join 360PSM in 2024. Letty’s is bilingual Spanish / English that provides great help on communication with workers in the job sites.

Letty’s role primarily supports Catalina Ferreto a Labor Compliance Officer- Analys by conducting on-site interviews with construction workers who majorly are Spanish speakers in this area. Letty assists to verify compliance with prevailing wage laws, working conditions, and other labor regulations, typically on construction projects, by gathering information about their job classifications, pay rates, hours worked, and any potential concerns they may have regarding their employment.

Catalina Ferreto
360PSM
President
831-500-1263
[email protected]
Packet Page 102
Project Understanding Scope of work
Federal Labor Compliance
360PSM
Project Understanding / Project Overview
ADA-Compliant Ramp Installation at Ord Grove and Kimball Avenue This project involves the removal of existing curb returns and the installation of new ADAcompliant curb ramps at Ord Grove and Kimball Avenue. These upgrades will improve accessibility and ensure compliance with the Americans with Disabilities Act (ADA), enhancing pedestrian safety for all users.
• Estimated Project Cost: $340,000
• Funding Source: Community Development Block Grant (CDBG) • Project Duration: 60 working days
These improvements will create safer, more accessible pathways, benefiting residents and visitors alike.

Scope of Work
Wallace Group is interested in having 360PSM to provide Federal Labor Compliance activities for a CDBG grant for the subject project.

The general scope of work:

Pre-Construction Phase

1. Participate in a pre-construction meeting.

2. Assist City with HUD FORM 4230A (if applicable)

3. Provide link and review with the contractor with a copy of the “Contractor's Guide to Prevailing Wage Requirements for Federally Assisted Construction Projects.” Construction Phase

1. Perform labor compliance – check payroll etc. and site interviews.

2. Participate in approximately 20 construction meetings.

3. Assist City with federal forms Semi-Annual Report form (HUD-4710).

Post-Construction Phase

1. Participate in approximately 2 post-construction meetings.

2. Prepare HUD semi and annual reports forms Semi-Annual Report form (HUD-4710)..

Packet Page 103
Project Understanding Scope of work
Federal Labor Compliance
360PSM
Labor Compliance Monitoring.

1. Review contract provisions and labor compliance requirements with the project team.

2. Determine the specific labor standards and dates of effect for Wage Federal Davis Bacon and State Prevailing Wages for the construction project

3. Set up and maintain all compliance files and documents relating to prevailing wage for Federal Davis Bacon and State Prevailing Wages activities.

4. Set up and maintain labor compliance files tracking the prime contractor and subcontractors.

5. Attend pre-construction meetings to discuss prevailing wage requirements with contractor and subcontractors.

6. Review Contractor's compliance with all State and Federal required postings such as the prevailing wage rates and EEO policies as well as the Contractor's Affirmative Action Plan.

7. Verify that certified payroll records are submitted by prime contractors and their subcontractors

8. Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable contract provisions.

9. Reconcile Weekly Certified Payroll Reports (CPR) & supporting documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance.

10. Review and verify Fringe Benefit Statements are consistent with the contract provisions and State of California requirements.

11. Monitor the submittal of Training Fund Contribution Reports.

12. Monitor workforce utilization reports to verify trade and apprenticeship participation.

13. Identify violations and investigate complaints of underpayment to workers.

14. Notify Wallace Group regarding delinquent, uncertified, inaccurate, and improperly completed payroll records and recommend appropriate corrective action for lack of strict compliance.

Packet Page 104
Project Understanding Scope of work
Federal Labor Compliance
360PSM
Wage Underpayment and Restitution Activities

1. Identify wage underpayment through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project.

2. Calculate and recommend to Wallace Group the amount of wages that will be withheld from the contractor's payments/retention.

3. Prepare documentation that list the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the amount due each worker. Prepare and submit documentation to Wallace Group.

Packet Page 105
Cost Proposal
360PSM
Federal Labor Compliance

Compensation
We have reviewed the contract documents and have developed an estimated the following fee for labor compliance and monitoring prevailing wages. This estimate is based on an average construction project, however, there are factors beyond our control such as the performance of the contractor to complete the work on time and the number of underpayment violations. If project services are needed beyond duration, the fee would be extended at the following hourly rate.

The estimated construction time 60 days.
360PSM INC includes 1 extra month for LCP closing documentation.

Conclusion
We look forward working with you on this important project. Please contact Catalina Ferreto at (831)500-1263 or email [email protected]
Sincerely,
Catalina Ferreto
President
360PSM
(831)500-1263
www.360psm.com
Description Hours Rate Total
Total: $11,473.56
Labor Compliance Monitoring Officer- Analyst 72 136.59 $9,834.48 Labor Compliance Interviews 12 136.59 $1,639.08
Packet Page 106
360PSM INC.

Fee Schedule
Hourly Rate
2025 2026 2027 2028 2029
Labor Compliance 136.59 140.69 144.91 149.26 153.73
Field Interviews 136.59 140.69 144.91 149.26 153.73
President 163.91 168.83 173.89 179.11 184.48
Conclusion
Catalina Ferreto
President 360PSM Inc.
831-500-1263
[email protected]
We look forward to working with you on this important project. Please contact Catalina Ferreto at (831)500-1263 or email [email protected]
Subconsultants are reimbursed at cost plus 10%. Hourly Rates effective January 1, 2025. Each subsequent year in January rate will be adjusted for inflation of 3% Packet Page 107
Wallace Group Team Resource Estimate for the
City of Seaside - Citywide CDBG ADA Curb Ramp Project
Assistant Resident Engineer II
(Anthony Lehman)
Prevailing Wage Construction
Inspector
(Sonil Kim)
360PSM
Misc. Direct Costs

TOTAL LABOR HOURS TOTAL
TASK DESCRIPTION HRS HRS Cost HRS LABOR COST
RATE $180 $185 Cost
$
$
1 Pre-Construction 32 16 $214 48 $8,720 $8,9342 Construction (60 working days) 120 240 $1,474 360 $66,000 $67,4743 Post-Construction 24 $402 24 $4,320 $4,7224 360PSM 11,474$ $11,474 SUB-TOTALS 176 256 11,474$ $2,090 432 #REF! $92,604
WALLACE GROUP LABOR COSTS $31,680 $47,360 $79,040
WALLACE GROUP DIRECT COSTS $2,090
SUBCONSULTANT DIRECT COSTS $11,474
DIRECT COSTS OVERHEAD @ 15% $2,035
TOTAL $94,639
Task Budgets may fluctuate within Overall Budget

PHASE/TASK
BUDGET - Seaside Curb Ramps Summary Page 1 2/7/2025
Packet Page 108
Construction/Program Management and Inspection Services:

Construction Office Tech I-III .......................................... $125/$135/$145 Construction Inspector I-IV ............................................ $150/$155/$160/$165 Senior Construction Inspector ........................................ $170 Construction Inspector (*Prevailing Wage) .......................... $185 Assistant Construction/ Program Manager I - II ..................... $165/$170 Construction/ Program Manager I-III ................................. $175/$180/$185 Senior Construction/ Program Manager I - II ........................ $195/$200 Assistant Resident Engineer I - II...................................... $175/$180 Resident Engineer I-III .................................................. $185/$190/$195 Senior Resident Engineer I-II .......................................... $205/$210 Director .................................................................. $228 Principal Construction Manager ....................................... $253 Principal .................................................................. $280 Public Works Administration Services:

Project Analyst I - IV ................................................... $125/$135/$145/$155 Senior Project Analyst I - III ........................................... $160/$165/$170 Senior Environmental Compliance Specialist I - III ................. $175/$180/$185 Support Services:

Office Assistant ......................................................... $120 Project Assistant I – III .................................................. $130/$135/$145 *Prevailing Wage:

State established prevailing wage rates will apply to some services based on state law, prevailing wage rates are subject to change over time and geographic location.

Right to Revisions:

Wallace Group reserves the right to revise our standard billing rates on an annual basis, personnel classifications may be added as necessary.

Additional Professional Services:

Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $400 an hour. If required to meet schedule requests, overtime on a project will be billed at 1.5 times the employee’s typical hourly rate.

Direct Expenses:

Direct expenses will be invoiced to the client and a handling charge of 15% may be added.

Sample direct expenses include, but are not limited to the following:
 travel expenses  sub-consultant services  agency fees  delivery/copy services  mileage (per IRS rates)  other direct expenses Invoicing and Interest Charges:

Invoices are submitted monthly on an accrued cost basis. A finance charge of 1.5% per month may be assessed on all balances that are thirty days past due.

WALLACE GROUP 2
2025 Standard Billing Rates
Packet Page 109
2023 Pavement Rehab CM & Inspection EXHIBIT C

EXHIBIT C

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

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

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

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

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

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

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

Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including Packet Page 110
2023 Pavement Rehab CM & Inspection EXHIBIT C
commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to Agency as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency at all times during the term of this contract. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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

In the alternative, Agency may cancel this Agreement.

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2023 Pavement Rehab CM & Inspection EXHIBIT C
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

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

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

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

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

Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting Packet Page 112
2023 Pavement Rehab CM & Inspection EXHIBIT C
endorsement of any kind that has not been first submitted to Agency and approved of in writing.

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

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

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

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

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

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

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REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

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

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

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

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

EXHIBIT D
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On-Call Consultants - Engineering
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The SOQ should include the following information:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Client References. – 10 points

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

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

A. Engineering Services
Design, Survey and Geometrics
Pavement Evaluation, Design and Testing
Pavement Management Program Evaluation and Report
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Structural Analysis and Design
Well Design and Rehabilitation
Water System Design and Rehabilitation
Storm Drain System Design and Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations and Mitigation
Preliminary Engineering Studies
Technical Studies and Reports
Peer Reviews
Coordination with Other Agencies and Utilities
Constructability and Bidability Reviews
On-Call Services
Staff Augmentation
All materials submitted to the City will become the exclusive property of the City of Seaside.

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

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

General Provisions

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

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the Packet Page 117
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3. A prospective Consultant(s) may withdraw their Qualifications at any time prior to the date and time which is set forth herein as the deadline for acceptance of Qualifications.

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

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

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

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

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

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

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

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

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

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

Generally, the grounds for disqualification include:

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

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

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

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

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

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

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

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

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

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Dan Meewis, Assistant City Manager
DATE: March 6, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORIZING EXECUTION OF

AGREEMENT WITH GRACE CARROLL CONSULTING FOR
COMPREHENSIVE EVALUATION SERVICES FOR THE CITY’S
SAFE NEIGHBORHOODS AND SCHOOLS "PROP 47" GRANT

RECOMMENDATION
Approve the resolution to authorize the agreement.

BACKGROUND
On November 21, 2024 the Seaside City Council accepted the Prop 47 grant. Working in conjunction with the Village Project Inc., the Prop 47 grant will assist the Village Project Inc. with the goal of providing culturally appropriate diversion and case management services to juveniles and adults in the criminal justice system to reduce recidivism in Monterey County. Services will include in-jail meetings and service introduction sessions, including petitions for reclassification, clinical treatment plans and therapy for those struggling with mental illness and/or substance abuse-use disorders, and guidance support to achieve self-expressed goals through individual case plans.

Reintegration services and support will include petitions for reclassification or dismissal, family reunification, acquisition of documentation to access jobs, and referrals to training and jobs.

Grace Carroll Consulting will gather data from the following grant partners listed in the Prop 47 gant narrative: The ongoing data collection will be reported quarterly to the Board of State and Community Corrections. The services that Grace Carroll Consulting provides are important to portray the progress and outcomes of the Prop 47 "Safe Neighborhoods and Schools Program"
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Item No. 8.G. Page 2 of 2
The following agreement regarding services providedwill be as follows:Grace Carroll Consulting will develop and conduct the comprehensive evaluation of the Prop 47 Grant Program. Grace Carroll’s hourly rate is $100.00 an hour and she will devote approximately 300 hours to this contract year.

The tasks to be performed are:
• Develop a comprehensive local evaluation plan (LEP) of the Prop 47 grant administered by the City of Seaside, including a process and outcome evaluation outlined in the grant proposal. Guidelines for the LEP are outlined in Exhibit D Needs to be completed by 3/31/25
• Supervise data collection and preliminary data analysis on project processes as specific within the Prop 47 proposal narrative and assess outcomes via performance measures. Data will be retrieved from various record systems, service providers and staff.
• Analyze data outlined in the grant proposal and work with the Community Reintegration Collaborative to concentrate on evidence-based practices on the areas and individuals receiving services through the various programs highlighted in the grant proposal.
• Prepare a final year end project evaluation and outcome report. Covering the grant period of October 1, 2024 – June 1, 2026.
• Collect, organize and present process and outcome data upon request to the Community Reintegration Collaborative and the City of Seaside City Council.

FISCAL IMPACT
If the City Council approves the agreement for the comprehensive evaluation of the Prop 47 grant, the fiscal impact will be $30,000.00. If approved, costs associated with the cost of the comprehensive evaluation will be reimbursed to the City through the Prop 47 grant.

ATTACHMENTS

1. DRAFT PSA Grace Carroll

2. Resolution Prop 47 Grant Evaluation
Reviewed for Submission to the City Council by:

________________________________________
Dan Meewis, Interim City Manager
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CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT
Prop 47 Grant Evaluation
This PROFESSIONAL SERVICE AGREEMENT (PSA) FOR NON-CONSTRUCTION PROJECT (“AGREEMENT”), is made and effective as of March 6, 2025 between the City of Seaside ("AGENCY"), a municipal corporation and Grace Carroll Consulting [a sole proprietorship, partnership, limited liability partnership, corporation] ("CONSULTANT").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This AGREEMENT shall commence on March 6, 2025 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this AGREEMENT.

II. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing.

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

IV. AGENCY MANAGEMENT
Agency’s City Manager or designee shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to CONSULTANT.

Agency’s Manager shall be authorized to act on AGENCY's behalf and to execute Packet Page 126
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all necessary documents which enlarge the Tasks to Be Performed or change CONSULTANT's compensation, subject to Section 5 hereof.

V. PAYMENT
A. The AGENCY agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.

This amount shall not exceed Thirty Thousand dollars ($30,000.00) for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and CONSULTANT at the time AGENCY's written authorization is given to CONSULTANT for the performance of said services.

C. CONSULTANT will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.

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

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B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the AGENCY. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the AGENCY pursuant to Section 5.

VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.

B. If the Agency Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by AGENCY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

CONSULTANT shall provide free access to the representatives of AGENCY or its designees at reasonable times to such books and records; shall give AGENCY the right to examine and audit said books and records; shall Packet Page 128
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permit AGENCY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

IX. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless AGENCY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless AGENCY shall not extend to the AGENCY’s sole or active negligence.

B. Duty to defend
In the event the AGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by AGENCY, CONSULTANT shall defend the AGENCY at CONSULTANT’s cost or at AGENCY’s option, to reimburse AGENCY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and AGENCY, as to whether liability arises from Packet Page 129
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the sole or active negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be obligated to pay for AGENCY’s defense until such time as a final judgment has been entered adjudicating the AGENCY as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT.

XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the AGENCY a wholly independent consultant and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.

B. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, AGENCY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for AGENCY. AGENCY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.

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

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XIII. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the AGENCY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the AGENCY has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT.

Violation of this Section shall be a material breach of this AGREEMENT entitling the AGENCY to any and all remedies at law or in equity.

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

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without AGENCY's prior written authorization.

CONSULTANT, its officers, employees, agents, or sub-consultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the AGENCY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives AGENCY notice of such court order or subpoena.

B. CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers, employees, agents, or sub-consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the AGENCY, unless the AGENCY is a party to any lawsuit, arbitration, or administrative proceeding Packet Page 131
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connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the AGENCY of such Discovery. AGENCY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless AGENCY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with AGENCY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, AGENCY's right to review any such response does not imply or mean the right by AGENCY to control, direct, or rewrite said response.

Note: The following paragraph is only to be used when the AGENCY will be taking in a fee or deposit from an applicant and use that fund to retain the CONSULTANT to prepare an EIR, Specific Plan, or some other specific document or where the AGENCY is funding a similar development-type study.

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

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

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To AGENCY: City of Seaside
440 Harcourt Ave
Seaside CA, 93955
To CONSULTANT: Grace Carroll, Ph.D.
744 Walavista Ave
Oakland, CA 94610-1152
_________________________
XVII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the AGENCY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. [Insert name] may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT.

CONSULTANT shall provide AGENCY fourteen (14) days' notice prior to the departure of [Insert name] from CONSULTANT's employ. Should he/she leave CONSULTANT's employ, the AGENCY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the CONSULTANT. Before retaining or contracting with any CONSULTANT for any services under this AGREEMENT, CONSULTANT shall provide AGENCY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such sub-consultant which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance.

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

XIX. GOVERNING LAW
The AGENCY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the Packet Page 133
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parties to this AGREEMENT and also govern the interpretation of this Agreement.

Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY.

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

XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of AGENCY's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the CONSULTANT, Exhibit "E" hereto. In the event of conflict, the requirements of AGENCY's Request for Proposals and this AGREEMENT shall take precedence over those contained in the CONSULTANT's proposals. The incorporation of the CONSULTANT’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between CONSULTANT and/or AGENCY, unless expressly agreed to in writing.

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

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

CONSULTANT
By:___________________
(Signature)
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______________________
(Typed Consultant Name)
______________________
Dan Meewis
Interim City Manager
City of Seaside
Attachments: Exhibit A Tasks to Be Performed
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
Exhibit D Consultant’s Proposal
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EXHIBIT A
TASKS TO BE PERFORMED & COMPENSATION Rate
Grace Carroll Consulting will develop and conduct the comprehensive evaluation of the Prop 47 Grant Program. Grace Carroll’s hourly rate is $100.00 hour and she will devote approximately 300 hours to this contract year.

The tasks to be performed are:
 Develop a comprehensive local evaluation plan (LEP) of the Prop 47 grant administered by the City of Seaside, including a process and outcome evaluation outlined in the grant proposal. Guidelines for the LEP are outlined in Exhibit D Needs to be completed by 3/31/25
 Supervise data collection and preliminary data analysis on project processes as specific within the Prop 47 proposal narrative and assess outcomes via performance measures. Data will be retrieved from various record systems, service providers and staff.
 Analyze data outlined in the grant proposal and work with the Community Reintegration Collaborative to concentrate on evidence-based practices on the areas and individuals receiving services through the various programs highlighted in the grant proposal.
 Prepare a final year end project evaluation and outcome report. Covering the grant period of October 1, 2024 – June 1, 2026.
 Collect, organize and present process and outcome data upon request to the Community Reintegration Collaborative and the City of Seaside City Council.

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EXHIBIT B

PAYMENT SCHEDULE
Initial Payment:
10K for initial evaluation plan upon submission of evaluation plan To include developing tools and coordinating data collection for a local evaluation report to include process and outcome data utilizing the following tools and incorporating the following intervention services:

Tools
 Intake Assessment
 Individual Interviews (clients/partners)
 Individual Case Plan
 Surveys (clients/partners)
 Client cohort focus groups
 Partner focus groups
 Documentation of collaborative efforts
 Tracking/documentation of outcomes
Services:
 In jail meetings
 Petitions for reclassification
 Food
 Clothing
 Shelter
 Culturally congruent clinical treatment plans/therapy (mental illness/substance use/depression) guidance
 Individual Case Plans
 Reintegration services/support
 Restorative Justice negotiations
 Equine therapy
Monthly payments:
10K spread over duration of project per monthly invoice for data collection and reporting activities related to local evaluation tool/plan Final Contract End Payment:
10K for completion/submission of year end report to document progress toward the following outcomes
Outcomes desired:
 Family reunification
 Reclassifications and dismissals
 Stable Housing
 Employment (referrals for training and jobs)
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 Better mental Health
 Reduction in recidivism
 Completion of plan
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EXHIBIT C

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

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

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

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

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

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

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

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

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Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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

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

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to AGENCY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with AGENCY at all times during the term of this contract. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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Agency’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONSULTANT or AGENCY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, AGENCY may cancel this AGREEMENT.

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

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

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

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

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

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Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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

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

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

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

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

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

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EXHIBIT D

LEVEL TWO EVALUATION REQUIREMENT
Guidelines for the Local Evaluation Plan and Local Evaluation Report For the Proposition 47 grant program, the Board of State and Community Corrections (BSCC) requires Proposition 47, Cohort IV grantees to complete a Level Two Evaluation of their grant-funded project. A Level Two Evaluation focuses on a comprehensive evaluation, including both a process and outcome evaluation.

Demonstration of completing this requirement will require the submission of two documents, a Local Evaluation Plan and a Local Evaluation Report. Both are described below along with their due dates.
 Local Evaluation Plan (LEP) – A written document that describes the proposed process and outcome evaluations; a logic model; data collection, management, and analysis and reporting plan that will be implemented. Ideally it should be developed before the project starts or during project implementation, before services or activities begin. It is due by 5 p.m. on March 31, 2025.  Local Evaluation Report (LER) – A written document that describes the findings and interpretation of the process and outcome evaluations; an updated logic model; the interpretation of various data elements; and the evaluation of the project’s goals and objectives. It is due by 5 p.m. on June 30, 2028.

These guidelines identify the minimum required content that must be included within each document, respectively.

LOCAL EVALUATION PLAN
Cover Page
The cover page provides a descriptive report title, and identifies the grantees, authors, contact information, project time period, and funding source.

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 Define the criteria used to determine participant eligibility of the target population.  Describe the process for determining which intervention(s) and/or services a participant needs and will receive.
 Provide a description of the goals and objectives identified in the Project Work Plan of the proposal.

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Project Logic Model
Provide a visual representation of the project depicting the logical relationships between the project’s goal statements, input/resources, activities, outputs, outcomes and impacts of the project.
 Inputs/Resources: “Inputs are various resources available to support the project (e.g., staff, materials, curricula, funding, equipment).” 1 “Include those aspects of
the project which are available and dedicated to, or used by, the project/service to operate.”
2  Activities: Activities are what the project does with the inputs or the services provided in alignment with project goals. If you have access to inputs/resources, then they can be used to accomplish project activities.  Outputs: If the activities are accomplished, these are the number of services delivered and/or products provided to participants. Outputs link the activities to products or services delivered to the target population; those who participate in the project and will benefit from the products and services provided.  Outcomes: “Outcomes are the immediate, specific, measurable changes” 3 due to
the project. If the outputs are achieved, then this is the change we expect to see.

Outcomes may be grouped by:
o Short-Term- Timeframe (grant cycle, months)
o Medium-Term- Timeframe (grant cycle, months-years)
 Impacts: The ways in which the community, city, and/or county are changed by the achieved outcomes. This includes fundamental intended or unintended changes that occur in organizations, communities, or systems because of project activities beyond the grant cycle. Impacts are
societal/economic/civic/environmental focused and may be the same or similar to long-term outcomes (typically occur beyond the grant cycle).4 Process Evaluation Method and Design
Describe the research design for the process evaluation. At a minimum, this section should include:
 The research design for the process evaluation.
 The plan to document activities within the project and/or services provided to each participant (e.g., maintaining a database, signup sheets).

1 Department of Health & Human Services: Family and Youth Services Bureau, 2020. 2 The Pell Institute and Pathways to College Network, 2020. 3 Ibid.
4 Ibid.

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 How participants’ progress will be tracked (e.g., start dates, attendance, dropouts, successful completions, progress milestones).  Process variables and how they will be defined and measured (tools/instruments used to collect the data and frequency of collection).
 How the process data will be collected, and the data source(s) used.  The project-oversight structure and overall decision-making process for the project.
 How the project components will be monitored, determined effective, and adjusted as necessary.
 The plan for documenting activities performed by staff and contracted providers, if applicable.
 Procedures ensuring that the project will be implemented to fidelity, when applicable.
 How quantitative and qualitative process data will be analyzed. Describe the statistical tools used to analyze quantitative data (e.g., descriptive statistics, chisquare) and methods used for analyzing qualitative data (identifying themes, content analysis, etc.). You do not need to state the analysis type for each evaluation activity separately.

Outcome Evaluation Method and Design
Describe the research design for the outcome evaluation. At a minimum, this section should include:
 The research design for the outcome evaluation (e.g., pre-/post-test, mixed methods, comparison groups).
 A set of evaluation questions. These are the questions that the evaluation will answer. These shall include the project’s goals and objectives and may also include more outcome-oriented questions.
 The estimated number of participants expected to receive each type of intervention/service.
 The criteria for determining participant success in the project.  Outcome variables and how they will be defined and measured (tools/instruments used to collect the data and frequency of collection).  How the outcome data will be collected, the timing of data collection, and the Packet Page 146
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data source(s) used.
 How quantitative and qualitative outcome data will be analyzed. Describe the statistical tools used to analyze quantitative data (e.g., descriptive statistics, chisquare) and methods used for analyzing qualitative data (identifying themes, content analysis, etc.). You do not need to state the analysis type for each evaluation activity separately.
 The strategy for determining whether recidivism rates and other outcomes are due to the project and not some other factor(s) unrelated to the project, including a description of a comparison group or pre- post-comparisons.  If multiple types of interventions will be employed, include a description of how the separate effects on outcome variables of each type of the intervention will be determined, if possible.

Appendices (if applicable)
Include relevant supplementary evaluation and project materials in appendices. These may include, but are not limited to, data collection instruments, more detailed descriptions of activities and interventions, training materials, educational materials, operational definitions, additional analyses, and presentations.

LOCAL EVALUATION REPORT
Cover Page
The cover page provides a descriptive report title, and identifies the grantees, authors, contact information, project time period, and funding source.

Executive Summary
The Executive Summary summarizes the key components of the report so that readers have a brief overview of the project’s efforts and results. It should provide a synopsis of the project explaining: the project purpose; goals and objectives, including the extent to which they were achieved; key findings; project accomplishments; and conclusions.

Project Background
At a minimum, this section should:
 Provide information essential to understanding the project and the need for the project (history in the community, an explanation of activities and/or services, description of similar efforts in the region, description of how the activities and/or Packet Page 147
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services address the need, etc.).
 Define the target population (e.g., gender, age, risk factors, prior involvement with the justice system).
 Define the criteria used to determine participant eligibility of the target population.  Describe the process for determining which intervention(s) and/or services a participant needs and will receive.
 Provide a description of the goals and objectives identified in the Project Work Plan of the proposal.

A Current Logic Model
Provide a visual representation of the project depicting the logical relationships between the project’s goal statements, input/resources, activities, outputs, outcomes and impacts of the project.
 Inputs/Resources: “Inputs are various resources available to support the project (e.g., staff, materials, curricula, funding, equipment).”5“Include those aspects of the project which are available and dedicated to, or used by, the project/service to operate.”6
 Activities: Activities are what the project does with the inputs or the services provided in alignment with project goals. If you have access to inputs/resources, then they can be used to accomplish project activities.  Outputs: If the activities are accomplished, these are the number of services delivered and/or products provided to participants. Outputs link the activities to products or services delivered to the target population; those who participate in the project and will benefit from the products and services provided.  Outcomes: “Outcomes are the immediate, specific, measurable changes” 7 due to
the project. If the outputs are achieved, then this is the change we expect to see.

5 Department of Health & Human Services: Family and Youth Services Bureau, 2020. 6 The Pell Institute and Pathways to College Network, 2020. 7 Ibid.
8 Ibid.

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Process Evaluation Method and Design
Describe the research design for the process evaluation. At a minimum, this section should include:
 The research design for the process evaluation.
 How activities within the project and/or services provided to each participant were documented (e.g., maintaining a database, signup sheets).  How participants’ progress was tracked (e.g., start dates, attendance, dropouts, successful completions, progress milestones).
 Process variables and how they were defined and measured (tools/instruments used to collect the data and frequency of collection).
 How the process data were collected and the data source(s) used.  The project-oversight structure and overall decision-making process for the project.
 How the project components were monitored, determined effective, and adjusted as necessary.
 The method of documenting activities performed by staff and contracted providers, if applicable.
 Procedures ensuring that the project was implemented to fidelity, when applicable.  How quantitative and qualitative process data were analyzed. Describe the statistical tools used to analyze quantitative data (e.g., descriptive statistics, chisquare) and your method used for analyzing qualitative data (identifying themes, content analysis, etc.).

Outcome Evaluation Method and Design
Describe the research design of the outcome evaluation. At a minimum, this section should include:
 The research design for the outcome evaluation (e.g., pre-/post-test, mixed methods, comparison groups).
 A set of evaluation questions. These are the questions that the evaluation answered. These shall include the project’s goals and objectives and may also include more outcome-oriented questions.
 The number of participants who received each type of intervention/service.  The criteria for determining participant success in the project.  Outcome variables and how they were defined and measured (tools/instruments used to collect the data and frequency of collection).

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 How the outcome data were collected, the timing of data collection, and the data source(s) used.
 How quantitative and qualitative outcome data was analyzed. Describe the statistical tools used to analyze quantitative data (e.g., descriptive statistics, chisquare) and methods used for analyzing qualitative data (identifying themes, content analysis, etc.).
 The strategy for determining whether recidivism rates and other outcomes were due to the project and not some other factor(s) unrelated to the project, including a description of a comparison group or pre- post-comparisons.  If multiple types of interventions were employed, include a description of how the separate effects on outcome variables of each type of the intervention were determined, if possible.

Evaluation Results
This section provides a description of the project outcomes. This section should include:
 The data related to the process evaluation. Describe any changes that were made as a result of the process evaluation findings.
 Total number of participants (unduplicated).
o Include basic demographic information of your participants (e.g., age, gender, race/ethnicity, risk factors, prior involvement with the justice system).
o When multiple services are available, include the number of individuals who received each of the services.
 Progress toward goals:
o Provide a summary of the degree to which the project’s goals and objectives were achieved.
o Describe factors that affected the progress of project goals. This may include factors which resulted in achieving goals more quickly or impeded your progress. If there were factors that impeded your progress, describe how they were addressed.
 Results of any process analyses and provide a detailed explanation related to the project’s performance over the course of the grant.
 Results of any outcome analyses and provide a detailed explanation of findings as it relates to any other additional outcome measures.

Discussion of Results
At a minimum, this section should:
 Discuss the effectiveness of different strategies implemented in the project.  Make useful recommendations with specific guidance for what to replicate or do Packet Page 150
(Prop 47 Grant Evaluation)
Rev. 2/19 Page 26 of 18 COS Non-Construction PSA
differently.

Appendices
Include relevant supplementary evaluation and project materials in appendices. These may include, but are not limited to, data collection instruments, more detailed descriptions of activities and interventions, training materials, educational materials, operational definitions, additional analyses, and presentations.

Grantee Highlight
This section should provide a brief, one-page, visually appealing, highlight or success story that provides additional information related to the project’s success over the grant cycle. This highlight may be included in a statewide report. You may include optional graphs, charts, or photos9. While every effort will be made to include these in a statewide report, inclusion in the report is not guaranteed.

9 The BSCC will only accept photographs in which all persons depicted are over 18 years of age and have consented to both being photographed and to the use and release of their image. By submitting photographs to the BSCC, the submitter acknowledges that all approvals have been obtained from the subjects in the photograph(s) and that all persons are over 18 years of age. Further, by submitting the photographs, the submitter irrevocably authorizes the BSCC to edit, alter, copy, exhibit, publish or distribute the photographs for purposes of publicizing BSCC grant programs or for any other lawful purpose. All photographs submitted will be considered public records and subject to disclosure pursuant to the California Public Records Act.

Packet Page 151
Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING EXECUTION OF AGREEMENT WITH GRACE CARROLL
CONSULTING FOR COMPREHENSIVE EVALUATION SERVICES FOR THE CITY’S SAFE NEIGHBORHOODS AND SCHOOLS "PROP 47" GRANT
WHEREAS, the City of Seaside was awarded and accepted grant funds from the Board of State and Community Corrections through the Prop 47 (Safe neighborhoods & Schools Act) Grant program to provide culturally appropriate diversion and case management to juveniles and adults; and
WHEREAS, a comprehensive evaluation of processes and outcomes are required as part of the City of Seaside’s use of Prop 47 (Safe Neighborhoods & Schools) Grant funds; and
WHEREAS, such data collection is necessary to conduct evidence based approach to address youth violence prevention;
WHEREAS, the quarterly report providing the performance measures to the Board of State and Community Corrections is necessary so the City can be reimbursed for Prop 47 expenses incurred for fiscal years 2024-2025, 2025-2026, 2026-2027, and 2027-2028; and
WHEREAS, Grace Carroll Consulting has been providing these services to date and is intimately familiar with the grant application, grant agreement and the grant program; and
WHEREAS, to further allow Grace Carroll Consulting to continue this process a formal agreement needs to be executed.

NOW, THEREFORE BE IT FURTHER RESOLVED, that the City Council approves execution of the agreement listed in Attachment A for comprehensive evaluation services for the City’s Prop 47 grant and authorizes the City Manager to execute the agreement for services.

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Packet Page 152
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APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 153

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: March 6, 2025
SUBJECT: ADOPT A RESOLUTION PRIORITIZING SEASIDE'S WATER

ALLOCATION WITHIN THE CALIFORNIA AMERICAN WATER

COMPANY SERVICE AREA

RECOMMENDATION
Adopt a resolution to prioritize water allocations within the Cal-Am Service Area.

BACKGROUND
Water is a scarce resource in the City of Seaside and its surrounding area. In 1995 the City of Seaside created a Water Allocation Program to manage the City's limited supplies of water. This Water Allocation Program allocates water to categories of land use development in order to ensure that the remaining water supplies are used to support development that will have the greatest community impact. Allocation of water to individual projects within the service area of the California American Water Service Company (Cal Am) is overseen by the Monterey Peninsula Water Management District (MPWMD). MPWMD has historically provided water allocations, which the City Council then allocates to various non-City uses. This water is then allocated to specific projects once those projects reach certain milestones.

The Pure Water Monterey project, which is a partnership between MPWMD and Monterey One Water, takes wastewater from the region from various sources and then recycles that water into potable water, thereby conserving water and reducing the need for "new" water. Due to the success of this project, additional water has become available for regional use. In January 2025, MPWMD approved an Ordinance to allocate additional water to local jurisdiction source by the Pure Water project by Monterey One Water. This will allocate an additional 21 acre feet per year (AFY) of water. The City has the ability to allocate this water as it determines appropriate.

Packet Page 154

Item No. 8.H. Page 2 of 2
On February 20, 2025, a study session was held with the City Council to discuss the allocation of water to various categories. The attached Resolution reflects the outcome of those discussions.

FISCAL IMPACT
No fiscal impact is associated with this item.

ATTACHMENTS

1. Water Allocation Resolution 2025-03-06

2. Water Allocation Resolution Exhibit A 2025-03-06
Reviewed for Submission to the City Council by:

________________________________________
Dan Meewis, Interim City Manager
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Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE PRIOITIZING SEASIDE’S WATER ALLOCATION WITHIN THE CALIFORNIA

AMERICAN WATER COMPANY SERVICE AREA
WHEREAS, the Monterey Peninsula is currently experiencing a shortage of water; and
WHEREAS, in order to combat this shortage, water supplies within the service area of the California American Water Service Company (Cal Am) are managed by the Monterey Peninsula Water Management District (MPWMD), which provides an allocation to jurisdictions to then allocate to various projects; and WHEREAS, MPWMD has previously provided water allocations through its “PreParalta” and “Public Credit” accounts; and WHEREAS, the City Council previously allocated this water into various categories through Resolution 20-101 on November 19, 2020; and WHEREAS, since the adoption of Resolution 20-101, the City has allocated water to various projects, resulting in a reduction of available water within the existing categories; and
WHEREAS, MPWMD and Monterey One Water have recently partnered to develop the Pure Water Monterey (PWM) project to replenish water supplies within the Seaside Basin; and
WHEREAS, as a result of the success of the PWM project, MPWMD has allocated an additional 21 acre-feet per year (AFY) to the City of Seaside; and WHEREAS, the City Council now sees a need to update the amounts of categories of water to reflect the additional water from the PWM project as well as water allocations made since the adoption of Resolution 20-101; and WHEREAS, this allocation of water into categories will have no impact on allowable land uses or level of development and thus would clearly have no significant impact upon the environment.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby assign its water resources within the Cal Am service area to the categories identified in the attached Exhibit “A.”
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BE IT FURTHER RESOLVED that authority to allocate this water to individual projects shall belong to the City Council, except that the Council shall have the ability to delegate its approval authority for allocations of water for individual projects to City Commissions and/or staff as it deems appropriate.

BE IT FURTHER RESOLVED that the attached Exhibit “A” does not include water allocations which have been made by the City Council but which have not been finalized by the recipient, and which may be recovered by the City if the recipient does not perform its obligations for receipt of the water allocation.

BE IT FURTHER RESOLVED that any recovered water from previous allocations shall be automatically assigned to the category from which it was drawn unless otherwise directed by the City Council.

BE IT FURTHER RESOLVED that the City Council finds that it can be seen with certainty that since the proposed allocation of water would not result in the approval of any projects that would not otherwise be permitted under current law, and would not result in any new allowable land uses or development intensity, there is no possibility that this action will have any impact on the environment and therefore is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day of March, 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
APPROVED TO FORM:
______________________________
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Sheri L. Damon, City Attorney
Attach:

Exhibit “A” – Proposed Water Allocation Assignments
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Exhibit “A”
Proposed Water Allocation Assignments
Remaining Water Credits
Projects Location Pre-Paralta Public
Credit PWM Total
Ascent (Sea Grove) Broadway Ave and Terrace St - - - 0.000 Auto Center Properties Del Monte to Fremont, North of Olympia and south of Auto Center Parkway 3.602 - - 3.602
WBUV West Broadway Study Area 4.484 - 4.5 8.984
Small Commercial
Allocation Account Cal Am Service Area 4.101 - 1.5 5.601 ADU Water Allocation Cal Am Service Area - - 3.0 3.000
Campus Town Offsite
Affordable Housing Cal Am Service Area - - 2.0 2.000
Affordable Housing -
RHNA Cal Am Service Area - - 6.5 6.500
Unallocated Reserve Unallocated 0.469 - 3.5 3.969
Public Credit - 1.043 - 1.043
Total 12.656 1.043 21.000 34.699
Packet Page 160

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Thomas Korman, Public Works Director/City Engineer
DATE: March 6, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A MAINTENANCE AND RIGHT OF ENTRY AGREEMENT WITH ASCENT SEASIDE, LLC.

FOR STORMWATER CONTROL AT SEAGROVE APARTMENTS

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a maintenance and right of entry agreement with Ascent Seaside, LLC.

BACKGROUND
The property, with APNs 012-191-001, -002, -003, -44, -030, 031, -003, -034, and -035 located at the corner of Broadway and Terrace St., more commonly known as Seagrove Apartments, is owned by Ascent Seasidem LLC. To satisfy the requirements of the City's storm water permit, the project was required to develop a Storm Water Control Plan (SWCP), construct storm water improvements and enter into a Maintenance and Right of Entry Agreement (MROE) with the City for ongoing maintenance of the storm water improvements.

A Storm Water Control Plan for the Seagrove Apartments and its concomitant sections, including the MROE, was finally reviewed and approved by the City's engineering consultants on January 30, 2025. As certified by the project engineer and verified by City Engineering staff, the project has constructed structural storm water control measures (SCMs) consistent with its SWCP.

To insure ongoing maintenance of SCMs, the property owner is required to enter into an MROE to be recorded at the Monterey County Recorders Office. The SWCP Attachment 3 includes the Operations and Maintenance measures for the storm drainage system. The MROE includes a site specific operation and maintenance plan Packet Page 161

Item No. 8.I. Page 2 of 2
and requires that an inspection by a qualified professional be conducted by September 30th of each year and the associated certificate be submitted to the City. Staff recommends adopting a Resolution authorizing the City Manager to execute the Maintenance and Right of Entry Agreement with the Ascent Seaside, LLC..

FISCAL IMPACT
There is no fiscal impact associated with entering into the Maintenance and Right of Entry Agreement.

ATTACHMENTS

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

________________________________________
Dan Meewis, Interim City Manager
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WHEN RECORDED MAIL TO:

City Clerk,
City of Seaside
440 Harcourt Avenue
Seaside, CA. 93955 THIS SPACE FOR RECORDERS USE ONLY

MAINTENANCE AND RIGHT OF ENTRY AGREEMENT FOR STORMWATER CONTROL FOR ASCENT SEASIDE, APNs 012-191-001, -002, -003, -004, -030, -031, -033, -034, -035
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MAINTENANCE AND RIGHT OF ENTRY AGREEMENT FOR STORMWATER CONTROL FOR ASCENT SEASIDE, APNS 012-191-001, -002, -003, -004, -030, -031, -033, -034, -035

THIS MAINTENANCE AND RIGHT OF ENTRY AGREEMENT FOR STORMWATER CONTROL (“Agreement”) is made and entered into in the City of Seaside, California, this day of September 4, 2001 by and between Ascent Seaside, LLC, a Delaware limited liability company, hereinafter referred to as “Owner” and the City of Seaside (“City”), a municipal corporation.

This Agreement applies to properties in the County of Monterey, State of California, referred to as APNs 012-191-001, -002, -003, -004, -030, -031, -033, -034, -035. The Agreement is subject to the following recitals:

RECITALS
WHEREAS, the Owner owns real property (“Property”) in the City of Seaside, County of Monterey, State of California, more specifically described in Exhibit “A” attached hereto and incorporated herein by this reference;
WHEREAS, the Board of Architectural Review of the City of Seaside approved Architectural Review Application No BAR-19-17, hereinafter referred to as “Permit”, for the subject property attached hereto as Exhibit B; WHEREAS, at the time of initial approval of said Permit, the City required the project to employ post-construction Stormwater Control Measures, hereinafter referred to as “SCMs,” in accordance with Resolution R3-2013-0032 of the Central Coast Regional Water Quality Control Board (CCRWQCB) and Seaside Municipal Code Chapter 8.46, “Urban Storm Water Quality Management and Discharge Control” to minimize the adverse effects of urbanization and development on watershed processes and beneficial uses, and to protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.);
WHEREAS, the City of Seaside Municipal Code Chapter 8.46, “Urban Stormwater Quality Management and Discharge Control,” regulates urban stormwater quality and provides requirements, known as Best Management Practices (BMPs) for managing and controlling stormwater quality and non-stormwater discharges to the storm drain system; WHEREAS, the Permit requires the Owner to record a deed restriction requiring the approved SCMs not to be removed, relocated, covered, or hampered with in any way which may prevent them from performing their intended function, and to provide for ongoing maintenance and verification of ongoing maintenance of the SCMs by Owner and the Owner’s successors in interest.

WHEREAS, the Owner has chosen to install and/or implement SCMs as shown on the Stormwater Control Plan, dated December 15, 2022, attached hereto as Exhibit C, hereinafter referred to as “SWCP”, to comply with CCRWQCB Resolution R3-2013-0032 and Seaside Municipal Code Chapter 8.46;
WHEREAS, the SWCP has been certified by a licensed professional and reviewed and approved by the City;
WHEREAS, the SCMs, with installation and implementation on private property and draining only private property, are part of a private facility with all maintenance or replacement, therefore, the sole responsibility of the Owner in accordance with the terms of this Agreement; WHEREAS, the Owner is aware that periodic maintenance is required to assure peak performance of all SCMs, furthermore, such maintenance activity will require compliance with all Local, State, or Federal laws and regulations, including those pertaining to confined space and waste 1
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MAINTENANCE AND RIGHT OF ENTRY AGREEMENT FOR STORMWATER CONTROL FOR ASCENT SEASIDE, APNS 012-191-001, -002, -003, -004, -030, -031, -033, -034, -035 disposal methods, in effect at the time such maintenance occurs; NOW, THEREFORE, in consideration of the foregoing premises, the mutual stipulations and agreements contained herein, and the following terms and conditions, the parties hereto agree as follows:

1. Responsibility for Operation and Maintenance of SCMs: Owner shall diligently maintain all SCMs in a manner that maintains the original flow and treatment requirements at all times. An Operation and Maintenance Plan is included as Exhibit “D”. All reasonable precautions shall be exercised by Owner and Owner’s representative or contractor in the removal and extraction of any material(s) from the SCMs and the ultimate disposal of the material(s) in a manner consistent with all relevant laws and regulations in effect at the time. As may be requested from time to time by the City, the Owner shall provide the City with documentation identifying the material(s) removed, the quantity, and disposal destination.

2. Owner consents and agrees to inspect and maintain the SCMs based on the schedule and procedures identified in the Operation and Maintenance Plan (Exhibit “D”). Each year during a period beginning on September 1 and ending no later than September 30, Owner shall provide the City with a Maintenance Certificate in the form attached hereto marked Exhibit “E” and by this reference incorporated herein certifying that the SCMs have been recently inspected and are functioning in compliance with the Operation and Maintenance Plan or, if such SCMs were not in compliance with the Operation and Maintenance Plan, what measures have been taken to bring the SCMs and the maintenance thereof into compliance with the Operation and Maintenance Plan. Proof of maintenance, such as copies of maintenance records and/or receipts shall be included with the Maintenance Certificate. Certificate shall be completed and stamped by a licensed engineer or other qualified professional approved by the City prior to inspection.

3. Right of Access: Owner hereby provides the City or City’s agent complete access, of any duration, to the SCMs and their immediate vicinity, excluding any buildings, at any time, upon reasonable notice, or in the event of emergency, as determined by the City Engineer, with no advance notice, for the purpose of inspection, sampling, testing of the SCMs, and in case of emergency, to undertake, in the City’s sole discretion, necessary repairs or other preventative measures at Owner’s expense as provided in paragraph 4 below. City shall make every effort at all times to minimize or avoid interference with Owner’s use of the Property.

4. Penalty: In the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Agreement or if the BMP’s and/or SCM’s do not perform in a manner that maintains the original treatment requirements at all times, then following the expiration of a ten (10) day written notice to the Owner to cure such failure that remains uncured, the Owner shall be subject to monetary fines per day or per occurrence in accordance with Chapter 8.46, “Urban Storm Water Quality Management and Discharge Control” of the Seaside Municipal Code.

5. Recording: This Agreement shall be recorded in the Office of the Recorder of Monterey County, California, at the expense of the Owner and shall constitute notice to all successors and assigns of the title to said Property of the obligation herein set forth.

6. Attorney’s Fees: In event of legal action occasioned by any default or fault of the Owner, or its successors or assigns, the Owner and its successors or assigns agree(s) to pay all costs 2 Packet Page 165

MAINTENANCE AND RIGHT OF ENTRY AGREEMENT FOR STORMWATER CONTROL FOR ASCENT SEASIDE, APNS 012-191-001, -002, -003, -004, -030, -031, -033, -034, -035 incurred by the City in enforcing the terms of this Agreement, including attorney’s fees and costs.

In the event of legal action occasioned by any default of the City, the City agrees to pay all costs incurred by the Owner and its successors or assigns in enforcing the terms of this Agreement, including attorneys’ fees and costs.

7. Covenant: It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against.

8. Binding on Successors: The obligations herein undertaken shall be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. The term “Owner” shall include not only the present Owner, but also its heirs, successors, executors, administrators, and assigns. Owner shall notify any successor to title of all or part of the Property about the existence of this Agreement. Owner shall provide such notice prior to such successor obtaining an interest in all or part of the Property. Such notice shall include the Stormwater Control Plan and the Operations and Maintenance Plan. The transfer of this information shall also be required with any subsequent sale of the property. Owner shall provide a copy of such notice to the City at the time of property transfer.

9. Indemnity and Insurance: The Owner, its heirs, successors, executors, administrators and assigns agree to defend, indemnify and hold harmless the City, its officials, employees and its authorized agents from any and all damages, accidents, casualties, occurrences or claims (collectively, “Claims”) which might arise or be asserted against the City and which are connected with the construction, operation, presence, existence or maintenance of the BMP and/or SCM by the Owner, or from any personal injury or property damage that may result from the City or other public entities entering the Property under Section 3 of this Agreement; provided, however, that notwithstanding the foregoing, the Owner, its heirs, successors, executors, administrators and assigns shall have no obligation to defend, indemnify or hold harmless pursuant to this Section 9 for any Claims arising from the willful acts or omissions, or negligence, of the City or any other public entities, their officials, employees, or agents. The Owner shall maintain liability insurance with amounts not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) in the annual aggregate covering occurrences at the Property, and shall name City, its officers and employees as an additional insured on such liability policy. The Owner shall provide the City with proof of insurance as required by the City.

10. Notice: Any notice to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below.

Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party.
3 Packet Page 166

MAINTENANCE AND RIGHT OF ENTRY AGREEMENT FOR STORMWATER CONTROL FOR ASCENT SEASIDE, APNS 012-191-001, -002, -003, -004, -030, - 032, -033, -034, -035
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above.

CITY: DEVELOPER:

CITY OF SEASIDE, A

MUNICIPAL CORPORTATION

ASCENT SEASIDE, LLC, A DELAWARE

LIMITED LIABILITY COMPANY
By: By:

Name:

Signature
Dan Meewis Name:

Signature
Chuck Bond
Title: Interim City Manager Title: Authorized Signatory List of Exhibits
A. Plat and Legal Description
B. Planning or BAR Approval resolution
C. Exhibit of Stormwater Control Measures
D. Operations and Maintenance Plan
E. Maintenance Certificate
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T E R R A C E S T .

S A N L U C A S S T . B R O A D W A Y A V E. ( O B A M A W A Y ) O L Y M P I A A V E.

W I N T O N S T . A L L E Y A L L E Y PARCEL 2 PARCEL 1 PARCEL A PROJECT No.: T:\Monterey Projects\4046 - Broadway Terrace\SURVEY\LEGAL DESC\4046 LLA Ph1 Legal Plat.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
4046.00

PLAT TO ACCOMPANY DESCRIPTION

SEASIDE, CALIFORNIA
IN BLOCK 24, VOL. 2 C&T PG. 33
5/14/2020

OF ADJUSTED PARCELS
E
I N
E

S O N W E N
I T H
S G
R
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T E R R A C E S T .

S A N L U C A S S T . B R O A D W A Y A V E. ( O B A M A W A Y ) O L Y M P I A A V E.

PLAT TO ACCOMPANY DESCRIPTION

SEASIDE, CALIFORNIA
IN BLOCK 24, VOL. 2 C&T PG. 33
5/14/2020

OF ADJUSTED PARCELS
E
I N
E

S O N W E N
I T H
S G
R
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T E R R A C E S T .

S A N L U C A S S T . B R O A D W A Y A V E. ( O B A M A W A Y ) O L Y M P I A A V E.

PLAT TO ACCOMPANY DESCRIPTION

SEASIDE, CALIFORNIA
IN BLOCK 24, VOL. 2 C&T PG. 33
5/14/2020

OF ADJUSTED PARCELS
E
I N
E

S O N W E N
I T H
S G
R
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T E R R A C E S T .

S A N L U C A S S T . B R O A D W A Y A V E. ( O B A M A W A Y ) O L Y M P I A A V E.

W I N T O N S T . A L L E Y A L L E Y PARCEL 5 PARCEL 4 PARCEL 3 PROJECT No.: T:\Monterey Projects\4046 - Broadway Terrace\SURVEY\LEGAL DESC\4046 LLA Ph2 Legal Plat.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
4046.00

PLAT TO ACCOMPANY DESCRIPTION

SEASIDE, CALIFORNIA
IN BLOCK 24, VOL. 2 C&T PG. 33
5/14/2020

OF ADJUSTED PARCELS
E
I N
E

S O N W E N
I T H
S G
R
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T E R R A C E S T .

S A N L U C A S S T . B R O A D W A Y A V E. ( O B A M A W A Y ) O L Y M P I A A V E.

PLAT TO ACCOMPANY DESCRIPTION

SEASIDE, CALIFORNIA
IN BLOCK 24, VOL. 2 C&T PG. 33
5/14/2020

OF ADJUSTED PARCELS
E
I N
E

S O N W E N
I T H
S G
R
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T E R R A C E S T .

S A N L U C A S S T . B R O A D W A Y A V E. ( O B A M A W A Y ) O L Y M P I A A V E.

PLAT TO ACCOMPANY DESCRIPTION

SEASIDE, CALIFORNIA
IN BLOCK 24, VOL. 2 C&T PG. 33
5/14/2020

OF ADJUSTED PARCELS
E
I N
E

S O N W E N
I T H
S G
R
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Page 1 of 1 ends

T:\Monterey Projects\4046 - Broadway Terrace\_4046.04\SURVEY\LEGAL DESC\4046.04 Legal Desc - Parcel 6.docx

LEGAL DESCRIPTION
PARCEL 6
Certain real property situate in the City of Seaside, County of Monterey, State of California, being a portion of Block 24 as shown on the map filed for record February 6, 1912 in Volume 2 of Cities and Towns at Page 33 in the office of the County Recorder of said County, described as follows:

Lots 28 through 35 inclusive in said Block 24.

As shown on the plat attached hereto and made a part hereof.

END OF DESCRIPTION
PREPARED BY:

WHITSON ENGINEERS
______________________________________________
RICHARD P. WEBER P.L.S. DATE
L.S. NO. 8002
Job No. 4046
1/9/2025
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T E R R A C E S T .

S A N L U C A S S T . B R O A D W A Y A V E. ( O B A M A W A Y ) O L Y M P I A A V E.

W I N T O N S T . A L L E Y A L L E Y PARCEL 6
PROJECT No.: T:\Monterey Projects\4046 - Broadway Terrace\_4046.04\SURVEY\LEGAL DESC\4046 LLA Parcel 6 - Legal Plat.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
4046.04

PLAT TO ACCOMPANY DESCRIPTION

SEASIDE, CALIFORNIA
IN BLOCK 24, VOL. 2 C&T PG. 33
12/5/2024

OF ADJUSTED PARCELS
E
I N
E

S O N W E N
I T H
S G
R
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APN: 012-191-030
APN: 012-191-031
APN: 012-191-033
APN: 012-191-034
APN: 012-191-035
APN: 012-191-012
APN: 012-191-026 APN: 012-191-008 APN: 012-191-009 APN: 012-191-010 APN: 012-191-011
APN: 012-191-001APN: 012-191-002
APN: 012-191-003
APN:
012-191-004
APN: 012-181-033
APN: 012-192-032 APN: 012-192-026
APN: 012-172-024APN: 012-172-025
APN: 012-172-015 APN: 012-172-013 APN: 012-172-021 APN: 012-172-022 APN: 012-172-023 APN: 012-165-010 APN: 012-165-027

SEASIDE, CALIFORNIA

STORMWATER CONTROL MEASURES (SCM) MAP

ASCENT SEASIDE
SCALE 1"=80'
Civil Engineering
Land Surveying
6 Harris Court Monterey, California
831.649.5225 1 / 2 4 / 2 5 whitsonengineers.com
Project No.:4046.00
Exhibit C
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Exhibit D
Operation and Maintenance Plan for
Stormwater Control Measures
Ascent Seaside
Ascent Seaside, LLC
Site Address:

Broadway Avenue and Terrace Street
Seaside, CA 93955

APNs 012-191-001, -002, -003, -004, -030, -031, -033, -034, -035.

January 29, 2025
Prepared By:
6 Harris Court ▪ Monterey, CA 93940
831 649-5225 ▪ Fax 831 373-5065
File No.: 4046.01
Packet Page 193

Operation and Maintenance Plan (OMP) for Stormwater Control Measures (SCMs) at Ascent Seaside
General
This Operation and Maintenance Plan (OMP) outlines the minimum operation and maintenance activities required for the stormwater control measures (SCMs) constructed as part of the Ascent Seaside (Project), located at Broadway Avenue and Terrace Street Seaside, CA 93955, Assessor’s Parcel Numbers (APNs) 012-191-001, -002, -003, -004, -030, -031, -033, -034, -035.

In addition to being kept on-site as part of the Project Manual, this OMP is an attachment to a Maintenance Agreement which will be recorded at the City’s Recorder’s office.

This OMP was prepared pursuant to the “Post Construction Stormwater Management Requirements for Development Projects in the Central Coast Region”, Central Coast Regional Water Quality Control Board Resolution No. R3-2013-0032 and the “Stormwater Technical Guide for Low Impact Development, 3rd Edition” by Monterey Regional Stormwater Management Program dated May 1, 2020.

Responsibilities
The property owner, Ascent Seaside, LLC, a Delaware limited liability company (Owner), is responsible for facility operation, inspection, and maintenance. SCMs installed as part of the Project must be operated, inspected, and maintained for the life of the Project. Any change or alteration, or the failure to properly operate and maintain any feature described herein, could result in fines or other actions by the local municipality (City of Seaside), or by a state or federal authority. Furthermore, if SCM maintenance is not adequate, the municipality may conduct inspections and repairs, at the Owner’s expense. For more information please refer to the Maintenance Agreement.

Updated information, including contact information (Attachment 2), must be provided to the municipality if and when the property is sold, or whenever there is a change to one of the listed responsible parties.

Facilities to be Maintained
The facilities which are constructed as part of the Project, and which must be operated, inspected, and maintained, are listed in Table 1, below. SCM locations are shown graphically in Attachment 1. For more detailed construction information see the Construction Plans (Whitson Engineers, 2022). For facility sizing information see the Storm Water Control Plan (Whitson Engineers, 2022).

Table 1. Facilities to be Maintained
 General Site Features, including asphalt and concrete pavements, landscaped areas, soil slopes, gutters and swales, drain inlets, and storm drain pipes  Twelve (12) 3-inch deep graded depressions (Self Retaining Landscape Areas)  Two high-flow tree box biofilters (SCMs 2.1 and 14)
 One StormTech chamber system (SCM 2.2)
 19,628 s.f. of permeable pavement
These facilities must be inspected and maintained in accordance with the Fact Sheets provided in Attachment 3.

Packet Page 194

Operation and Maintenance Plan (OMP) for Stormwater Control Measures (SCMs) at Ascent Seaside
Prepared by:

Whitson Engineers
6 Harris Court
Monterey, CA 93940
Phone: (831) 649-5225
1/29/2025
Richard P. Weber, PE Date
Principal
Project No. 4046.00
Attachments:

1. Map of SCMs to be Maintained

2. Responsible Parties

3. Stormwater Facilities Operation and Maintenance Fact Sheet

4. Maintenance Checklists
Packet Page 195
APN: 012-191-030
APN: 012-191-031
APN: 012-191-033
APN: 012-191-034
APN: 012-191-035
APN: 012-191-012
APN: 012-191-026 APN: 012-191-008 APN: 012-191-009 APN: 012-191-010 APN: 012-191-011
APN: 012-191-001APN: 012-191-002
APN: 012-191-003
APN:
012-191-004
APN: 012-181-033
APN: 012-192-032 APN: 012-192-026
APN: 012-172-024APN: 012-172-025
APN: 012-172-015 APN: 012-172-013 APN: 012-172-021 APN: 012-172-022 APN: 012-172-023 APN: 012-165-010 APN: 012-165-027

SEASIDE, CALIFORNIA

STORMWATER CONTROL MEASURES (SCM) MAP

ASCENT SEASIDE
SCALE 1"=80'
Civil Engineering
Land Surveying
6 Harris Court Monterey, California
831.649.5225 1 / 2 4 / 2 5 whitsonengineers.com
Project No.:4046.00
Attachment 1 to Exhibit D Packet Page 196
Designation of Individuals Responsible for
Stormwater Treatment BMP Operation and Maintenance
Date Completed
Facility Name
Facility Address
Designated Contact for Operation and Maintenance
Name: Title or Position:

Telephone: Alternate Telephone:

Email:

Off-Hours or Emergency Contact
Name: Title or Position:

Telephone: Alternate Telephone:

Email:

Corporate Officer (authorized to execute contracts with the City, Town, or County) Name: Title or Position:

Address:

Telephone: Alternate Telephone:

Email:

Attachment 2 to Exhibit D Packet Page 197
Attachment 3 to Exhibit D
O&M Fact Sheet – General Page 1 of 3
Stormwater Facilities Operation and Maintenance Fact Sheet General Site:

1. Collect trash and sweep pavements regularly to prevent accumulation of soil, debris, and trash.

2. Require contractors to collect all their trash including landscaping debris.

3. Provide cigarette butt receptacles at smoke break areas.

4. Communicate trash best management practices to all employees and tenants.

Include trash control requirements in any lease documents.

General Landscaping:

1. Remove debris and trash regularly.

2. Prune or cut back plants for health and to ensure stormwater is able to flow into inlets and through curb cuts.

3. Control weeds by manual methods. If problem areas occur, corn gluten, white vinegar, vinegar-based products such as Burnout, or non-selective natural herbicides such as Safer’s Sharpshooter may be used.

4. Fertilizer and pesticide use should be limited, and conducted by appropriate professionals.

5. Examine the vegetation to ensure that it is healthy and dense enough to protect soils from erosion. Remove and replace all dead and diseased vegetation.

6. Replenish mulch as necessary. Mulch may be added from time to time to maintain a mulch layer thickness of 3”.

7. Confirm that irrigation system is operating properly. Inspect all valves for proper on/off function and adjust as required. Inspect filters at valves and remove debris.

For point source drip irrigation, inspect emitters and drip line for proper water flow and check that emitters are not clogged.

Graded Depressions (Self-Retaining Landscape Areas):

1. See “General Landscaping”, above, for general requirements.

2. Graded depressions are intended to:
a. Pond water before overflowing to a drain inlet.
b. Infiltrate completely following each rain event.

3. Graded depressions are not intended to:
a. Have standing water for periods longer than 48 hours after a storm b. Serve as wetland or riparian habitat
Packet Page 198
Attachment 3 to Exhibit D
O&M Fact Sheet – General Page 2 of 3

4. Control weeds by manual methods or by adding mulch. If problem areas occur, corn gluten, white vinegar, vinegar-based products such as Burnout, or nonselective natural herbicides such as Safer’s Sharpshooter may be used.

5. Do not add fertilizer within the ponding limits of graded depressions. Compost tea, available from various nurseries and garden supply retailers, may be applied at a maximum recommended rate of 5 gallons, mixed with 15 gallons of water, per acre, up to two weeks prior to planting and once per year between March and June. Do not apply when temperatures are below 50°F or above 90°F or when rain is forecast in the next 48 hours.

6. Do not use synthetic pesticides or herbicides within the ponding limits of graded depressions. Beneficial nematodes and other non-toxic controls may be used.

Acceptable natural pesticides include Safer® products and Neem oil.

7. Replenish mulch as necessary. Use “aged mulch” (also called compost mulch) to reduce the ability of weeds to establish, keep soil moist, and replenish soil nutrients.

Mulch may be added from time to time to maintain a mulch layer thickness of 1” to 2”.

8. Do not re-grade or fill in the graded depressions. It is important that the ground surface be maintained in the design configuration.

9. Do not make additional openings in the side of the drain inlet in order to address surface water ponding issues. Water must pond up to the design overflow elevation before overflowing into the storm drain.

Storm Drain Inlets and Pipes:

1. Maintain and periodically repaint or replace “No Dumping – Flows to Bay” drain inlet markings.

2. Clean storm drain inlets and other conveyance structures before the wet season to remove sediments, trash and debris accumulated during the summer.

3. Conduct inspections and clean and maintain storm drain inlets and storm drain pipes during the rainy season on a frequency necessary to maintain the system in proper working order.

4. Look for evidence of illegal discharges or illicit connections during routine maintenance of drainage structures, clean up, and eliminate the discharge. a. Review drainage system for evidence of spills (e.g., dry paint, discoloring, odors)
b. Record locations of apparent illegal discharges/illicit connections. c. Eliminate the discharge once the origin of flow is established.

Packet Page 199
Attachment 3 to Exhibit D
O&M Fact Sheet – General Page 3 of 3
Trash Enclosures, Trash Cans and Dumpsters

1. Regularly inspect dumpsters, trash cans, and trash compactors for leaks and broken parts, and repair or replace as needed.

2. Inspect the trash enclosure daily, maintain clear of trash, and keep dumpster lids closed.

3. Use dry clean-up methods (absorbent materials) to clean fluid wastes. Don’t hosedown waste management areas unless it’s confirmed the drain is plumbed to the sanitary sewer.

4. Properly dispose of hazardous waste. Do not dispose of hazardous wastes in the general trash receptacles. Hazardous waste includes e-waste (computers, screens, TVs), appliances, unused paint, batteries, fluorescent light bulbs, cleaning chemicals, and pesticides.

Annually, prior to the beginning of the rainy season:

1. Remove trash, debris, dead vegetation, and accumulated sediment.

2. Visually inspect all facilities to determine if any maintenance activities are required in order to be prepared for the upcoming rainy season.

3. If necessary, replenish rock splash pads, gravel linings, mulch, or other material used to control drainage.

4. Inspect drainage outlets for signs of erosion or plugging. If minor erosion is observed, backfill the eroded area. Rock rip rap or a concrete splash pad may be needed to avoid future erosion. If significant erosion is observed, consult a Civil Engineer or Landscape Architect.

5. Inspect soil slopes for evidence of instability or erosion. If minor erosion is observed, backfill the eroded area, and cover the area with mulch or erosion control blanket to prevent future erosion. If significant erosion is observed, or if there is evidence of instability, consult a Civil Engineer or Landscape Architect.

Packet Page 200
Attachment 3.1 to Exhibit D
Stormwater Facility Operation and Maintenance Fact Sheet ► TREE BOX FILTER
High flow rate tree box type biofilters (“tree box filters”) are intended to:

1. Reduce pollutant loads by filtering stormwater runoff though a layer of engineered soil media.

2. Pond water to a specified depth before overflowing to a drain inlet.

3. Drain completely following each rain event.

Tree box filters are not intended to:

1. Infiltrate significant amounts of water into the underlying soil

2. Have standing water for periods longer than 48 hours after a storm

3. Serve as wetland or riparian habitat

4. Be accessed by anyone other than authorized personnel The recommended routine maintenance activities for tree box filter are:

On an as-needed basis:

1. Remove accumulated sediment, fallen leaves, debris, and trash.

2. Prune or cut back plants for health and to ensure stormwater is able to flow into inlets and across the surface of the facility. Remove and replant as necessary. When replanting, maintain the design surface elevation and minimize the introduction of soil.

3. Control weeds by manual methods.

4. Examine the vegetation to ensure that it is healthy. Remove and replace all dead and diseased vegetation.

5. Fertilizers and pesticide use should be limited and conducted by appropriate professionals. Synthetic pesticides shall not be used.

6. Remove graffiti and replace signs and markers as necessary.

7. Confirm that irrigation is adequate and not excessive.

Packet Page 201
Attachment 3.1 to Exhibit D
Annually, prior to the beginning of the rainy season:

1. Remove trash, debris, weeds, and accumulated sediment.

2. Remove mulch and place 3” of new mulch. The mulch should be double-shredded hardwood mulch, or as specified by the system manufacturer. Mulch shall not be colored or dyed.

3. Prior to placing the new mulch, evaluate if additional engineered soil media is required. Additional soil media shall be obtained from the manufacturer; do not use other types of soil.

4. Adjust splash pad material. Replenish if needed.

5. Visually inspect the facility and surroundings to determine if any other maintenance activities are required in order to be prepared for the upcoming season.

During the rainy season:

1. Observe the water level draw-down characteristics of the tree box filter during the 24 hour period following each rain event. The tree box filter should completely draw down immediately after each rain event. If it does not draw-down immediately, inspect the tree box for sediment which may have accumulated and reduced the infiltrative ability of the engineered soil media. Sediment typically does not penetrate deeply into the mulch and soil media, and therefore can typically be removed by replacing the mulch layer. In some instances it may be necessary to additionally replace the top layer of soil media. If the facility is still not operating as desired, consult the system designer and/or the manufacturer.

Annually, at the end of the rainy season:

1. Remove trash, debris, vegetation, and accumulated sediment.

2. Determine if any maintenance activities should be scheduled, since many maintenance activities need to be performed during the dry season.

Do Not:

1. Do not add fertilizer to tree box filters. Compost tea, available from various nurseries and garden supply retailers, may be applied at a maximum recommended rate of 5 gallons, mixed with 15 gallons of water, per acre, up to two weeks prior to planting and once per year between March and June. Do not apply when temperatures are below 50°F or above 90°F or when rain is forecast in the next 48 hours.

2. Do not use synthetic pesticides or herbicides on tree box filters. Beneficial nematodes and non-toxic controls may be used. Acceptable natural pesticides include Safer® products and Neem oil.

3. Do not add “normal” soil into the tree box filters. Tree box filter soil media is specially formulated to provide a high infiltration rate; adding “normal” soils can significantly reduce the ability of the facility to function as designed.

Packet Page 202
Attachment 3.2 to Exhibit D
O&M Fact Sheet – Permeable Pavers Sheet 1 of 3
Stormwater Facility Operation and Maintenance Fact Sheet ► PERMEABLE PAVERS
Permeable pavers are intended to:

1. Infiltrate all precipitation during smaller storms.

2. Surface drain during higher-intensity storms.

3. Reduce pollutant loads by infiltrating stormwater and by filtering stormwater runoff though the aggregate base course.

4. Drain completely following each rain event.

Permeable pavers are not intended to:

1. Have standing water on its surface.

2. Shift or settle over time.

The recommended routine maintenance activities for permeable pavers are:

On an ongoing and as-needed basis:

1. Keep surrounding landscaped areas well maintained and covered with landscaping and/or mulch so that soils are prevented from being washed onto the permeable pavers.

2. Ensure the paver system is draining and that there is no standing water.

4. Pesticide use should be limited and conducted by appropriate professionals.

Synthetic pesticides shall not be sprayed onto permeable pavers.

5. Monitor regularly to ensure that the surface drains properly after storms.

6. Regular dusting or sweeping by either brush or vacuum systems. Cleaning intervals will depend on several factors including traffic type, traffic frequency and environmental factors.

Packet Page 203
Attachment 3.2 to Exhibit D
O&M Fact Sheet – Permeable Pavers Sheet 2 of 3
Annually, prior to September 1:

1. Inspect the surface of the system for signs of sediment build-up, surface flow characteristics, and surface ponding.

2. Remove soil build-up, fallen leaves, debris, and trash.

3. Vacuum the pavers using a dry vacuum type street sweeper or other dry vacuum system. Vacuum and sweeper settings may require adjustments to prevent uptake of aggregate from the paver voids and joints.

4. Re-inspect the surface for signs of accumulated sediment, erosion, or lost filler materials.

5. Re-fill joints with aggregate (matching existing aggregate specification) if aggregate is more than 1/2” below the paver surface.

6. Annual vacuuming typically is all that is required, unless an excessive amount of sediment is deposited onto the permeable paving. If excessive amounts sediment are deposited onto the permeable paving, the source of the sediment should be investigated and addressed. If it is not possible to eliminate the issue, an increased sweeping frequency may be necessary.

7. Surface rehabilitation likely will be needed once every 5 to 20 years. Surface rehabilitation is needed when the infiltration characteristics of the paver system are not restored by standard dry vacuuming. Perform surface rehabilitation in accordance with the system manufacturer’s current recommendations. Activities may include:
a. Pervious body paver systems:
i. Perform a light pressure wash at 1200-1500 psi in conjunction with wet vacuuming. A steam or hot water option will provide best results. ii. Using a fan tip spray nozzle, at 30 degree angle, 14 to 16 inches from the paver and working at a 45 degree angle from the dominant pattern.
iii. Start from the highest grade, working in a sweeping motion, downhill to the lowest point of the project.
iv. Care must be taken not to allow the nozzle of the pressure washer to come in close contact with the paver as damage may occur. v. Perform flood testing to verify the system’s rehabilitated infiltration rate.

The rehabilitated infiltration rate should be at least 3 inches per hour. b. Pervious joint paver systems:
i. Remove the upper 1/2” to 1” of joint filler material (and the accumulated sediments) using a commercial vacuum sweeper with water jets and vacuum bar attachment.

Packet Page 204
Attachment 3.2 to Exhibit D
O&M Fact Sheet – Permeable Pavers Sheet 3 of 3
ii. Backfill the joints with new joint filler (match existing filler material) and sweep the surface clean.
iii. Perform flood testing to verify the system’s rehabilitated infiltration rate.

The rehabilitated infiltration rate should be at least 50 inches per hour. c. Solvents or cleaners shall not be used.

Reconstruction:

Partial or full reconstruction is required in the event that the foregoing rehabilitation techniques fail to restore the system’s function.

Reconstruction is also required if the pavement becomes unstable or settles.

A qualified civil engineer or landscape architect should be consulted if reconstruction is needed. A construction contractor qualified in permeable paver installation should perform any needed reconstruction.

Do not:

1. Do not pressure wash permeable pavers with more than 1500 psi . Only pressure wash by following the procedures specified by the manufacturer.

2. Do not seal, overlay, or repave with impermeable materials.

Packet Page 205
Isolator® Row Plus
O&M Manual
Packet Page 206
2 Looking down the Isolator Row
Plus from the manhole opening,
ADS Plus Fabric is shown between
the chamber and stone base.

StormTech Isolator Row Plus
with Overflow Structure
(not to scale)
The Isolator® Row Plus
Introduction
An important component of any Stormwater Pollution Prevention Plan is inspection and maintenance. The StormTech Isolator Row Plus is a technique to inexpensively enhance Total Suspended Solids (TSS), Total Phosphorus (TP), Total Petroluem Hydrocarbons (TPH) and Total Nitrogen (TN) removal with easy access for inspection and maintenance.

The Isolator Row Plus
The Isolator Row Plus is a row of StormTech chambers, either SC-160, SC-310, SC-310-3, SC-740, DC-780, SC-800, MC-3500, MC-4500 or MC7200 models, are lined with filter fabric and connected to a closely located manhole for easy access. The fabric lined chambers provide for sediment settling and filtration as stormwater rises in the Isolator Row Plus and passes through the filter fabric. The open bottom chambers allow stormwater to flow vertically out of the chambers. Sediments are captured in the Isolator Row Plus protecting the adjacent stone and chambers storage areas from sediment accumulation.

ADS Isolator Row and Plus fabric are placed between the stone and the Isolator Row Plus chambers. The woven geotextile provides a media for stormwater filtration, a durable surface for maintenance, prevents scour of the underlying stone and remains intact during high pressure jetting.

The Isolator Row Plus is designed to capture the “first flush” runoff and offers the versatility to be sized on a volume basis or a flow-rate basis. An upstream manhole provides access to the Isolator Row Plus and includes a high/low concept such that stormwater flow rates or volumes that exceed the capacity of the Isolator Row Plus bypass through a manifold to the other chambers. This is achieved with an elevated bypass manifold or a high-flow weir. This creates a differential between the Isolator Row Plus row of chambers and the manifold to the rest of the system, thus allowing for settlement time in the Isolator Row Plus. After Stormwater flows through the Isolator Row Plus and into the rest of the chamber system it is either exfiltrated into the soils below or passed at a controlled rate through an outlet manifold and outlet control structure.

The Isolator Row Plus FlampTM is a flared end ramp apparatus attached to the inlet pipe on the inside of the chamber end cap. The FLAMP provides a smooth transition from pipe invert to fabric bottom. It is configured to improve chamber function performance by enhancing outflow of solid debris that would otherwise collect at the chamber's end, or more difficult to remove and require confined space entry into the chamber area. It also serves to improve the fluid and solid flow into the access pipe during maintenance and cleaning and to guide cleaning and inspection equipment back into the inlet pipe when complete.

The Isolator Row Plus may be part of a treatment train system. The treatment train design and pretreatment device selection by the design engineer is often driven by regulatory requirements. Whether pretreatment is used or not, StormTech recommend using the Isolator Row Plus to minimize maintenance requirements and maintenance costs.

Note: See the StormTech Design Manual for detailed information on designing inlets for a StormTech system, including the Isolator Row Plus.

Packet Page 207
3 Inspection
The frequency of inspection and maintenance varies
by location. A routine inspection schedule needs to
be established for each individual location based
upon site specific variables. The type of land use
(i.e. industrial, commercial, residential), anticipated pollutant load, percent imperviousness, climate,
etc. all play a critical role in determining the actual frequency of inspection and maintenance practices.

At a minimum, StormTech recommends annual
inspections. Initially, the Isolator Row Plus should
be inspected every 6 months for the first year of
operation. For subsequent years, the inspection
should be adjusted based upon previous observation
of sediment deposition.

The Isolator Row Plus incorporates a combination
of standard manhole(s) and strategically located
inspection ports (as needed). The inspection ports
allow for easy access to the system from the surface,
eliminating the need to perform a confined space
entry for inspection purposes.

If upon visual inspection it is found that sediment
has accumulated, a stadia rod should be inserted to
determine the depth of sediment. When the average
depth of sediment exceeds 3" (75 mm) throughout
the length of the Isolator Row Plus, clean-out should
be performed.

Maintenance
The Isolator Row Plus was designed to reduce the cost
of periodic maintenance. By “isolating” sediments
to just one row, costs are dramatically reduced
by eliminating the need to clean out each row of
the entire storage bed. If inspection indicates the
potential need for maintenance, access is provided
via a manhole(s) located on the end(s) of the row for
cleanout. If entry into the manhole is required, please follow local and OSHA rules for a confined space
entry.

Maintenance is accomplished with the JetVac
process. The JetVac process utilizes a high pressure
water nozzle to propel itself down the Isolator Row
Plus while scouring and suspending sediments.

As the nozzle is retrieved, the captured pollutants
are flushed back into the manhole for vacuuming.

Most sewer and pipe maintenance companies have
vacuum/JetVac combination vehicles. Selection of an
appropriate JetVac nozzle will improve maintenance
efficiency. Fixed nozzles designed for culverts or large diameter pipe cleaning are preferable. Rear facing
jets with an effective spread of at least 45” are best.

StormTech recommends a maximum nozzle pressure
of 2000 psi be utilized during cleaning. JetVac reels
can vary in length. For ease of maintenance, ADS
recommends Isolator Row Plus lengths up to 200'
(61 m). The JetVac process shall only be performed
on StormTech Isolator Row Plus that have ADS
Plus Fabric (as specified by StormTech) over their
angular base stone.

Isolator Row Plus Inspection/Maintenance
StormTech Isolator Row Plus (not to scale)
Packet Page 208
Isolator Row Plus Step By Step Maintenance Procedures
Step 1
Inspect Isolator Row Plus for sediment.

A) Inspection ports (if present)
i. Remove lid from floor box frame
ii. Remove cap from inspection riser
iii. Using a flashlight and stadia rod,measure depth of sediment and record results on maintenance log. iv. If sediment is at or above 3 inch depth, proceed to Step 2. If not, proceed to Step 3.

B) All Isolator Row Plus
i. Remove cover from manhole at upstream end of Isolator Row Plus ii. Using a flashlight, inspect down Isolator Row Plus through outlet pipe

1. Mirrors on poles or cameras may be used to avoid a confined space entry

2. Follow OSHA regulations for confined space entry if entering manhole iii. If sediment is at or above the lower row of sidewall holes (approximately 3 inches), proceed to Step

2. If not, proceed to Step 3.

Step 2
Clean out Isolator Row Plus using the JetVac process.

A) A fixed floor cleaning nozzle with rear facing nozzle spread of 45 inches or more is preferable B) Apply multiple passes of JetVac until backflush water is clean C) Vacuum manhole sump as required
Step 3
Replace all caps, lids and covers, record observations and actions.

Step 4
Inspect & clean catch basins and manholes upstream of the StormTech system.

ADS “Terms and Conditions of Sale” are available on the ADS website, www.adspipe.com The ADS logo and the Green Stripe are registered trademarks of Advanced Drainage Systems, Inc.

StormTech® and the Isolator® Row Plus are registered trademarks of StormTech, Inc. © 2024 Advanced Drainage Systems, Inc. #11081 7/24 CS
4 2 1) B) 1) A)
Sample Maintenance Log
Date
Stadia Rod Readings Sediment
Depth
(1)–(2)
Observations/Actions Inspector Fixed point
to chamber
bottom (1)
Fixed point
to top of
sediment
(2)
3/15/11 6.3 ft none New installation. Fixed
point is CI frame at grade
DJM
9/24/11 6.2 0.1 ft Some grit felt SM
6/20/13 5.8 0.5 ft Mucky feel, debris visible
in manhole and in Isolator
Row Plus, maintenance due
NV
7/7/13 6.3 ft 0 System jetted and
vacuumed
DJM
adspipe.com
800-821-6710
Packet Page 209
City of Seaside 440 Harcourt Avenue, Seaside, CA 93955 Tel: (831) 899-6825 City of Seaside
Stormwater Management Facilities
Annual Maintenance Certificate
For Calendar Year _______
I, ________________________________ certify that the stormwater management facilities at Print Name
_____________________________________________________________ (Address), _____________________________________________________________ (APN), including the stormwater site design measures, treatment measures and source control measures have been properly operated and maintained during the preceding year, and have been recently inspected during a period beginning on September 1 and ending no later than September 30 and repaired as necessary to ensure continued proper operation. (Attach copies of any maintenance records and/or receipts, if applicable) _____________________________________ __________________ Signature Date
_____________________________________
Title
This Certificate shall be submitted to the City of Seaside no later than October 1 annually.

Pursuant to City of Seaside Municipal Code Title 8.46 Urban Stormwater Quality Management and Discharge Control, the City Engineer or designee maintains the authority, whenever reasonably necessary, to make an inspection, make copies of related records, take water samples and perform any testing necessary to enforce any provision of the Storm Water Management Ordinance.

Packet Page 210

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Thomas Korman, Public Works Director/City Engineer
DATE: March 6, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A FENCE MAINTENANCE

AGREEMENT WITH ASCENT SEASIDE, LLC FOR A FENCE

LOCATED IN THE PUBLIC ALLEY RIGHT OF WAY ADJACENT TO

THE SEAGROVE APARTMENTS

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a fence maintenance with Ascent Seaside, LLC.

BACKGROUND
The property, with APNs 012-191-001, -002, -003, -44, -030, 031, -003, -034, and -035 located at the corner of Broadway and Terrace St., more commonly known as Seagrove Apartments, is owned by Ascent Seasidem LLC. To satisfy the conditions of approval of the development, the project was required to construct and install a fence and enter into a Maintenance Agreement with the City for ongoing maintenance of the fence.

A fence plan was reviewed and approved by the City on February 25, 2025. To insure ongoing maintenance of the fence, the property owner is required to enter into a Maintenance agreement to be recorded at the Monterey County Recorders Office. The attachment includes the fence construction details and proposed location.

Staff recommends adopting a Resolution authorizing the City Manager to execute the Maintenance Agreement with the Ascent Seaside, LLC.

FISCAL IMPACT
There is no fiscal impact associated with entering into the Maintenance and Right of Packet Page 211

Item No. 8.J. Page 2 of 2
Entry Agreement.

ATTACHMENTS

1. Ascent Fence Resolution

2. Fence Maintenance Agreement
Reviewed for Submission to the City Council by:

________________________________________
Dan Meewis, Interim City Manager
Packet Page 212
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AND

RIGHT OF ENTRY AGREEMENT WITH ASCENT SEASIDE LLC FOR THE

SEAGROVE APARTMENTS
WHEREAS, Ascent Seaside, LLC, Property Owner, owns real property (“Property”) in the City of Seaside, County of Monterey, State of California, referred to as APNs 012- 191-001, -002, -003, -004, -030, -031, -033, -034, -035; and WHEREAS, the Board of Architectural Review of the City of Seaside approved Architectural Review Application No BAR-19-17, hereinafter referred to as “Permit”; and WHEREAS, the Permit requires the Owner to record maintenance agreement for a fence located in the alley adjacent to the development; and WHEREAS, the fence construction details have been reviewed and approved by the City; and
WHEREAS, the Owner is aware that periodic maintenance will be required to the fence; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute the Fence Maintenance Agreement with Ascent Seaside, LLC attached hereto.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the sixth day of March 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 213
WHEN RECORDED MAIL TO:

City Clerk,
City of Seaside
440 Harcourt Avenue
Seaside, CA. 93955 THIS SPACE FOR RECORDERS USE ONLY

FENCE MAINTENANCE AGREEMENT FOR ASCENT SEASIDE
Packet Page 214

FENCE MAINTENANCE AGREEMENT FOR ASCENT SEASIDE
THIS FENCE MAINTENANCE AGREEMENT (“Agreement”) is made and entered into in the City of Seaside, California, this day of March __, 2025 by and between Ascent Seaside, LLC, a Delaware limited liability company, hereinafter referred to as “Developer” and the City of Seaside (“City”), a municipal corporation. This Agreement applies to the proposed fence installation along the north side of the city alley right-of-way adjacent to Developer properties in the County of Monterey, State of California, referred to as APNs 012-191-033, 012-191-034, 012-191-035. The Agreement is subject to the following recitals:

1. Developer is the fee simple owner of property located in the City of Seaside, County of Monterey, State of California, as shown on Exhibit A and referred to as APNs 012-191-033, 012-191-034, 012-191-035.

2. The City of Seaside has accepted the Fence Maintenance Agreement (as evidenced by the execution of this Agreement by the City Manager.

3. Developer covenants with the City of Seaside, that Developer, at all times after the effective date of this instrument, at its own cost and expense, will maintain the proposed fence along the alleyway in compliance with all applicable ordinances, codes, rules and regulations. Developer, and all future owners of all or any part of the Property are bound by the provisions of this Agreement. This Agreement cannot be terminated, released, amended or modified without the express prior written consent of the City of Seaside.

4. This Agreement shall be in addition to any other agreements, law, ordinances or regulations related to maintaining fences and the subject matter herein.

5. This Agreement is binding upon the inures to the benefit of the parties hereto and their respective successors, assigns, affiliates, agents and tenants. This Agreement and other rights and obligations created, granted and conveyed shall run with the land as a burden upon the Property.

6. Developer warrants that (i) it is the fee simple owner of the Property directly adjacent to the city alley on the South side, (ii) it has full right, power and authority to execute this Agreement, and (iii) the execution hereof by Developer does not conflict with or constitute a default under any agreement to which Developer is a party or by which Developer of the Fence Maintenance Agreement is bound.

7. This Agreement shall terminate only upon mutual written agreement between the City of Seaside and Developer or if the fence is removed or not constructed.

8. Should the owners of an adjacent property to the North of the alleyway & fence receive City of Seaside approval for development that requires modification of the fence, Developer will contract for the performance of any such work which is to be reimbursed by the party initiating the development & requiring modification.

Packet Page 215

9. Recording: This Agreement shall be recorded in the Office of the Recorder of Monterey County, California, at the expense of the Developer and shall constitute notice to all successors and assigns of the title to said Property of the obligation herein set forth.

10. Attorney’s Fees: In the event of legal action occasioned by any default or fault of the Developer, or its successors or assigns, the Developer and its successors or assigns agree(s) to pay all costs incurred by the City in enforcing the terms of this Agreement, including attorney’s fees and costs. In the event of legal action occasioned by any default of the City, the City agrees to pay all costs incurred by the Developer and its successors or assigns in enforcing the terms of this Agreement, including attorneys’ fees and costs.

11. Notice: Any notice to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below.

IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above.

CITY: DEVELOPER:

CITY OF SEASIDE, A

MUNICIPAL CORPORTATION

ASCENT SEASIDE, LLC, A DELAWARE

LIMITED LIABILITY COMPANY
By: By:

Name:

Signature
Dan Meewis Name:

Signature
Chuck Bond
Title: Interim City Manager Title: Authorized Signatory List of Exhibits
A. A001 Site Plan
B. SK 06 – New Fence Detail
C. A092 – Site Wall Detail #11
Packet Page 216
EV
EV EV
EV EV
EV EV
EV EV
EV EV BLDG 8 PARCEL 5 TYPE B FF= 502.15' BLDG 7 TYPE A FF= 502.8' BLDG 9 TYPE E LFF= 493.5' BLDG 10 TYPE F 1104 OLYMPIA AVE BLDG 6 TYPE C FF= 507.8' BLDG 5 TYPE A FF= 508.8' BLDG 4 TYPE C FF= 515.05' BLDG 3 TYPE A FF= 516.35' BLDG 2 TYPE H FF= 523.15' BLDG 1 TYPE G FF= 524.15' EV UFF= 503.9' PARCEL 1 PARCEL 2 PARCEL 3 PARCEL 4 PARCEL 6 FF= 493.5' 1105 BROADWAY AVE 1125 BROADWAY AVE 1135 BROADWAY AVE 1155 BROADWAY AVE 1165 BROADWAY AVE 1175 BROADWAY AVE 1185 BROADWAY AVE 1195 BROADWAY AVE 1116 OLYMPIA AVENUE EV EVEV EV 56'-3 1/2" 56'-3 1/2" 152'-3 1/2" 61'-5 3/4" 18'-6 1/4" 15'-8 1/2" 16'-3 1/2" 4'-0" 4'-0" 4'-0" SCALE :
1 SITE PLAN A_001 ---- 1" = 30'0 A_001 SITE PLAN
2 10.15.22
9 9.9.24
10 9.20.24
0 30' 60' N
DATE:

REVISION:

A S C E N T
1 MAR 2021
1709 Paseo de Peralta, Santa Fe, New Mexico 87501
tel 505.690.5898 email [email protected] © thomas gifford architect, llc 2022-2024 B R O A D W A Y A N D O L Y M P I A A V E N U E , S E A S I D E , C A L I F O R N I A 9 3 9 5 5 FILENAME: D:\0projects\2006_ASCENT\3_CAD\04_ARCHITECTURE\001_SHEETS\2006_A001.dwg SHEET TITLE:

T H O M A S G I F F O R D A R C H I T E C T

A R C H I T E C T U R E U R B A N D E S I G N
27 SEPT 2021
15 OCT 2022 GIFFORD C-38992 THOMAS RENEWAL 8/31/2021

L I CENSED
A

RCH I TECT

STA T E
OF
CA
L I FORN I A NEW BUILDING EXISTING BUILDINGS PERMABLE PAVER, SEE CIVIL S I T E K E Y N O T E S : S I T E A C C E S S I B I L I T Y N O T E S : S I T E K E Y : S I T E G E N E R A L N O T E S A. REFER TO ALL SHEET FOR ALL REQUIREMENTS B. SEE REFERENCE SHEETS (G.0001-G.0007) FOR ALL REQUIREMENTS AND ADDITIONAL INFORMATION C. REFER TO CIVIL PLANS FOR TOP OF SLAB ELEVATIONS D. SEE LANDSCAPE PLANS FOR ADITIONAL SITE REQUIREMENTS E. BUILDINGS TO MEET ALL CBC 2019 REQUIREMENTS F. SITE SHALL BE DESIGNED, CONSTRUCTED, MONITORED + MAINTAINED IN ACCORDANCE WITH EPA CLEAN WATER ACT. G. ALL DIMENSIONS ARE TO THE CENTERLINE BETWEEN UNITS OR TO THE OUTSIDE FACE OF FRAMING OR CONCRETE H. METES AND BOUNDS DESCRIPTIONS OF LOTS, ROADWAYS, DRAINAGE, UTILITY, AND ACCESS RIGHT OF WAY AND / OR EASEMENTS ARE DESCRIBED ON THE SUBDIVISION PLAT AS ARE NOT AREAS, ALL AS INCLUDED HEREIN. I. ALL BUILDINGS SHALL CONFORM TO THE INTENT OF THE DEVELOPMENT PLAN BUILDING SETBACK SHALL APPLY TO ALL PERMANENT STRUCTURES, INCLUDING ACCESSORY STRUCTURES. J. PROPERTY DEVELOPMENT IS REQUIRED TO COMPLY WITH cITY OF SEASIDE APPROVALS AND CONDITIONS K. FIRE DEPARTMENT ACCESS SHALL BE MAINTAINED THROUGHOUT ALL DEVELOPMENT CONSTRUCTION PHASES AS PER IFC 1410.1 L. AN APPROVED WATER SUPPLY FOR THE FIRE PROTECTION , EITHER TEMPORARY OR PERMANENT, SHALL BE MADE AVAILABLE AS SOON AS COMBUSTIBLE MATERIAL ARRIVES ON THE SITE AS CFC 1412.1 M. REVIEW GEOTECHNICAL ENGINEERING INVESTIGATION BY SALEM ENGINEERING, PROJECT # 1-219-0641, DATED AUGUST 26, 2019, PRIOR TO ANY SITE WORK. N. REVIEW NOISE ASSESSMENT STUDY FOR THE PLANNED ASCENT MIXED USE DEVELOPMENT BY EDWARD L. PACK ASSOCIATES, INC. THERE ARE MULTIPLE BUILDING AND CONSTRUCTION REQUIREMENTS: 1. GLASS DOORS AND WINDOWS 60'0 OR LESS FROM BROADWAY STC 31 FROM 60'0-125'0 STC 28 2. CONSTRUCTION NOISE AND VIBRATION REQUIREMENTS O. GROUND SURFACE SHALL BE SLOPE AWAY FROM BUILDING 4% MIN. P. ALL SITE BENCHES TO MEET 2019 CBC ACCESSIBILITY REQUIREMENTS Q. ILLUMINATION SHALL BE PROVIDED ALONG THE PATH OF TRAVEL FOR THE EXIT DISCHARGE FROM EACH EXIT TO THE PUBLIC WAY. ACCESSIBLE ROUTES SHALL BE CONSTRUCTED IN ACCORDANCE WITH 2019 CBC CHPT 11 REQUIREMENTS. SLOPES ALONG PATH OF TRAVEL SHALL NOT EXCEED 1/20 OR 5% SLOPE FOR SIDEWALKS AND ACCESS AISLES. CROSS SLOPES SHALL NOT EXCEED 1/48 OR 2% SLOPE FOR ANY ELEMENT INCLUDING SIDEWALKS, PATHS, RAMPS, AISLES, OR LANDINGS. RAMPS SHALL BE CONSTRUCTED IN ACCORDANCE WITH WITH 2019 CBC CHPT 11 REQUIREMENTS AND SHALL INCLUDE HANDRAILS, EDGE PROTECTION, AND LANDINGS AS REQUIRED BY THAT STANDARD. ACCESSIBLE PATHS IN EXCESS OF 5% ARE CONSIDERED RAMPS AND SHALL MEET ALL REQUIREMENTS FOR RAMPS. IN NO CASE SHALL THE SLOPE OF A RAMP EXCEED 1/12 OR 8% SLOPE. PARKING SPACES AND ACCESS AISLES ADJACENT TO PARKING SPACES SHALL BE LEVEL WITH A CROSS SLOPE NOT IN EXCESS OF 1/48 OR 2% SLOPE. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ESTABLISHED GRADE POINTS AND CONSTRUCTING PAVEMENT SECTIONS TO MEET SLOPE REQUIREMENTS AS ESTABLISHED ABOVE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND COMPARING ACTUAL GRADES TO THE CONTRACT DOCUMENTS. CONTRACTOR'S TEAM SHALL INFORM THE ARCHITECT AND CIVIL ENGINEER OF DEVIATIONS AND SHALL COORDINATE REVISED RAMP AND ACCESS LAYOUTS AND ELEVATIONS WITH THE ARCHITECT. ADA ACCESSIBLE ROUTE CONCRETE SIDEWALKS ADA PARKING AND/OR PATIOS, 5% MAX. DIRECTION OF TRAVEL AND 2% MAX. CROSS SLOPE 12E34567 ASPHALT PAVING PARKING AREA, ASPHALT, PAINTED LINES, SEE CIVIL 89101113 NEW BUILDING 14 PROPERTY LINE 1516 EXISTING UTILITY EASEMENT 17 BIKE RACK, PAINT, SEE DETAIL 3/A093 1819202122 SAWCUT AND REPAIR EXISTING ASPHALT PAVING IF DAMAGED DURING INSTALLATION OF NEW DRIVEWAY/ ALLEY WHEEL STOP, SECURE TO PAVING NEW UTILITY EASEMENT 1223 CONCRETE SIDEWALK, 4" T. SLOPE 5% MAX DIRECTION OF TRAVEL AND 2% CROSS SLOPE TRASH AND RECYCLING ENCLOSURE, 6'0 H. MASONRY W/ ROOF. SEE DETAIL 1/A_091 AND CONCRETE SLAB, SEE CIVIL 24 BUILDING SIGNAGE- UNIT IDENTIFICATION, SEE DETAILS 2/A_523 2526 NO PARKING SIGN MASONRY YARDWALL, INTREGRAL COLOR BLOCK, HONED BOTH SIDE W/ CAP SEE CIVIL 27 FIRE RISER ROOM 28 STOP SIGN 29 ELECTRICAL ROOM 30 ASPHALT, SEE CIVIL 313233 FIRE HYDRANT 35 SIDEWALK CONCRETE RAMP, SLOPE 1:12 MAXIMUM 36 ACCESSIBLE PARKING, CONCRETE, 2% MAX. SLOPE ANY DIRECTION, ACCESSIBLE SYMBOL, "NO PARKING", AND DIAGONAL STRIPING EXISTING BUILDING ON ADJOINING SITE PAINTED LINES, SEE CIVIL PERMABLE PAVERS PARKING AREA, CONCRETE, PAINTED LINES, SEE CIVIL FIRE PIV , REMOTE FDC AND VALVE ELECTRICAL TRANSFORMER AND PAD PER PG&E W/ RETAINING PER PG&E GREENBOOK 37 ACCESSIBLE SIDEWALK RAMP BLDG ELECTRICAL EQUIPMENT, DISCONNECT,MDP AND METERS 3438 BUILT IN BENCH, COMPOSITE WOOD 39 PAVER, SEE CIVIL 40 BOLLARD, GALV. AND REFLECTIVE TAPE, DETAIL 14/A_092 41 CIP CONCRETE GRADE BEAM, FLUSH WITH PAVING ACCESSIBLE SIDEWALK RAMP, CONCRETE, W/ DETECTABLE WARNING, SEE DETAILS EV CHARGING STATION 4243 CURB CUT W/ NEW CURB RAMPS AND SIDEWALK W/ DETECTIBLE WARNING CONCRETE RAMP, SLOPE 1:12 MAXIMUM W/ STEEL HANDRAILS, BOTH SIDES, SEE DETAIL 1/A_093 CONCRETE STAIRS (T=12"- SEE CIVIL FOR RISER ) W/ HANDRAILS, SEE DETAIL 2/A_093, SEE CIVIL AND LANDSCAPE FOR ALL REQUIREMENTS USPS MAIL AND PARCEL BOX, NO CMU ENCLOSURE AT BLDG, SEE 6/A_092 W/ 8" CMU COLOR HONED ENCLOSURE, NO. OF BOXES PER SPECIFICATIONS "DOWNHILL" PATIO, SEE DETAIL 16/A_091. 44 "UPHILL" PATIO, SEE DETAIL 4/A_092. 45 "SWITCHBACK" SEATING AREA, SEE DETAIL 7/A_091 CONCRETE SIDEWALK, 4" T. W/ CURB AND GUTTER, MATCH EXISTING ELEVATIONS 46 ACCESSIBLE SIDEWALK RAMP W/ DETECTABLE WARNING 47 BUILDING ADDRESS NUMBER, 12" H. ALUM ON ENTRY CANOPY FENCE, 3'6 H. METAL AND COMPOSITE WOOD, SEE DETAIL 1E EXISTING FENCE. RE-WORK-LOCATION AS NECESSARY 48 DETECTABLE WARNING YARDWALL, MASONRY, HONED FACE BLOCK W/ GUARDRAIL, SEE DETAILS 11/A_092 YARDWALL, MASONRY, HONED FACE BLOCK, SEE DETAILS 8 OR 9/A_092 49 NOT USED 50 TREE BOX FILTER MONUMENT SIGN, "ASCENT", CMU AND COMPOSITE WD, SEE DETAIL 5/A_092 51 EV PARKING SPACE W/ GREEN WHEEL STOP, SIGNAGE- "EV" AND "NO PARKING EXCEPT FOR ELECTRIC VEHICLES" 52 PET WASTE STATION, 12/A092 53 SITE LIGHTING 54 SEASIDE AND TITLE 24 SOUND REQUIREMENT LINE FROM CENTER OF BROADWAY 0-60' = STC 31, FRONT AND SIDE ELEVATIONS 55 SEASIDE AND TITLE 24 SOUND REQUIREMENT LINE FROM CENTER OF BROADWAY 60-125' = STC 28, SIDE ELEVATIONS ACCESSIBLE PARKING SIGNAGE, SEE DETAIL 13/A_092 56 NO PARKING SIGNAGE, EXACT LOCATION TO BE DETERMINED 57 1250 GAL GREASE TRAP, BELOW GRADE, TRAFFIC RATED FOUNDATION RETAINING WALL ABOVE SLAB. SEE DETAIL 7/A519.1 58 SAW CUT AT CURB (IF NECESSARY) AND CONCRETE SIDEWALK PER CITY OF SEASIDE REQUIREMENTS 59 CONCRETE SIDEWALK, CURB AND GUTTER AND STREET REPAIR PER CITY OF SEASIDE REQUIREMENTS FOR NEW UTILITIES LOCATIONS 60 UNDERGROUND ELECTRICAL SERVICE 61 6'0 H. CEDAR FENCE, SEE DETAIL 2/A.001 62 BOLLARD, 4" DIA. SCHEDULE 40 GALV. PIPE, PAINT YELLOW W/ 2" WIDE REFLECTIVE TAPE 1 A_002
1 A_003
1 A_004
1 A_005
1 A_006
1 A_007
3 3 3 3 3 3 3 3
3 3
1 1 24 24 17 B R O A D W A Y A V E N U E ALLEY 19 19
1 O L Y M P I A A V E N U E

T E R R A C E A V E N U E
S A N L U C A S S T R E E T 30 31 30 31 31 30 16 16 21 24 13 13 37 15 11 11 6 11 11 11 11
6 6 6 10 10 10
8 6'-0"
4'-0"
25'-0"
17'-0" 26'-0" 28'-0" 28'-0" 28'-0"
25'-0" 17'-0"
25'-0" 22'-0" 6'-6"
8 8 8 8 7 8 7 13 13 13 14 2E
6 6
6 666
6 6 16
4'-0"
4'-0"
4'-0"
4'-0"
4'-0"
4'-6" 15 21 1515 16 24'-0" 24'-0" 24'-0" 24'-0"
25'-0" 15 ALLEY ALLEY ALLEY 2E 2E 2E 2E 2E 2E 2E 2E 24 24 24 24 24 1E 1E 16 50 50 6 32 32 32 58 30 30 30 30 30 5554 16 5554 5554 5554 21 21 11 58 58 606060606060 15'-4 1/2" 1'-4" 83'-4" 11'-7 1/4" 61 61 61 61 61 502.5 TOW 493.0 TOW 58 REMOVE CONCRETE DRIVEWAY . INSTALL LANDSCAPING MULCH (GRAVEL, 1 2"-1" ANGULAR, GREY), IRRIGATION, AND PLANTINGS SAME AS ADJACENT EXTEND SIDEWALK, CONCRETE REMOVE CONCRETE DRIVEWAY APRON, REPLACE WITH CONCRETE SIDEWALK

1.27.25 Packet Page 217
CEDAR FENCE, 1X6 ATTACHEMENT TORX HEAD WOOD SCREWS
6'-0" FINISH GRADE
1 1/2" CONCRETE FOUNDATION SEE STRUCT. SLOPE TOP OF CONCRETE 2'-0"
4X4 CEDAR POST @ 4'0 O.C. CONCRETE BELOW POST 2X4 CEDAR RAIL, SLOPE BOTTOM RAIL TO MATCH GRADE 3 1/2" 2X4 CEDAR RAIL, SLOPE TOP RAIL TO MATCH GRADE 2X4 CEDAR RAIL, SLOPE TO MATCH GRADE 2X4 CEDAR RAIL, SLOPE TO MATCH GRADE 3 1/2" CEDAR FENCE, 1X61 1/2" ATTACHEMENT TORX HEAD WOOD SCREWS 4X4 CEDAR POST @ 4'0 O.C. FINISH GRADE SCALE : 9 CEDAR FENCE DETAIL A_093 ---- 1/2" = 1 ' 0 SCALE : 10 CEDAR FENCE ELEVATION A_093 ---- 1/2" = 1 ' 0 SK 06- NEW FENCE DETAIL DATE: 11.5.24 Packet Page 218
VARIES MAIL AND PARCEL BOXES FIN FLOOR MAILBOX CONCRETE SLAB, 2% MAX SLOPE CONCRETE FND, SEE STRUCTURAL HONED INTEGRAL CMU WALL, GROUT TO MATCH OR CIP CONCRETE VARIES WING WALLS TO BE 24" DEEP 1'-2" CMU CAP BLOCK
2'-0" 1/4" T. STEEL PLATE CAP FIN GRADE1'-4" SLOPE GRADE AWAY FROM SIGN HONED INTEGRAL CMU WALL, GROUT TO MATCH CONCRETE FOUNDATION, SEE STRUCTURAL 12" H. FAB. ALUMINUM LETTERS, BACK LIT, 1" STAND OFF (5 WATT MAX) 1/4" T. STEEL PLATE CAP SLOPE GRADE AWAY FROM SIGN HONED INTEGRAL CMU WALL, GROUT TO MATCH CONCRETE FOUNDATION, SEE STRUCTURAL 12" H. FAB. ALUMINUM LETTERS,BACK LIT, 1" STAND OFF (5 WATT MAX) SEAGROVE SEAGROVE S LOGO
E
A
G
R
O
V
E FINISH GRADE MIRI-DRI AND MIRI-DRAIN CONT. AT RETAINING WALL, TOP OF FOOTING TO TOP OF RETAINING FINISH GRADE 8X8X16 CMU WALL, COLOR HONED BLOCK (ALL EXPOSED SIDES) GROUT SOLID, SEE STRUCT. 2X8X16 CMU CAP BLOCK, COLOR HONED, GROUT SOLID, SEE STRUCT.

VARIES WALL AND FOUNDATION SYSTEM SEE STRUCT. 4" DIA PERFORATED SCH-80 PIPE W/ FILTER SLEEVE 3/4" GRAVEL 6" AROUND PIPE W/ FILTER FABRIC, DRAIN TO DAYLIGHT 6" NOTE: SEE STRUCTURAL DRAWINGS FOR ALL REQUIREMENTS. INSTALL MASONRY CONTROL JOINTS PER CBC MASONRY REQUIREMENTS VARIES 8X8X16 CMU WALL, COLOR HONED BLOCK (ALL EXPOSED SIDES) GROUT SOLID, SEE STRUCT.

VARIES FINISH GRADE 2X8X16 CMU CAP BLOCK, COLOR HONED, GROUT SOLID, SEE STRUCT. WALL AND FOUNDATION SYSTEM SEE STRUCT. NOTE: SEE STRUCTURAL DRAWINGS FOR ALL REQUIREMENTS. INSTALL MASONRY CONTROL JOINTS PER CBC MASONRY REQUIREMENTS (A) DOGIPOT PET SIGN -H: 18" X W: 11.5" -14 GAUGE REFLECTIVE ALUMINUM -WEIGHT: 1.35 LBS -FOREST GREEN ON WHITE (B) DOGIPOT JUNIOR BAG DISPENSER: -H: 15.5" X W: 9.4" X D: 3.25" -12 GAUGE POWDER COATED FOREST GREEN ALUMINUM -WEIGHT: 7 LBS -400 BAG CAPACITY -TWO DIAMOND BAG DISPENSER SLOTS -FRONT LOCKING ACCESS PANEL -CLEARLY POSTED INSTRUCTIONS C) STEEL TRASH RECEPTACLE WITH LID: -H: 23" X 11.5" DIAMETER -16 GAUGE POWDER COATED FOREST GREEN STEEL -WEIGHT: 14.6 LBS. -10 GALLON CAPACITY WITH INTERIOR TRASH LINER BAG RETAINER BANDS -ATTACHED STAINLESS STEEL HINGED LID -ONE BOX 50 COUNT DOGIPOT LINER TRASH BAGS (D) TELESCOPIC GALVANIZED STEEL MOUNTING POST: -2" X 2" X 8' -11 GAUGE GALVANIZED STEEL -WEIGHT: 15 LBS. HOLE: - FILL WITH 40 LBS. "READY TO USE: CEMENT 0'-8" 1'-2"
1'-6" 6'-6"
0'-8" 1'-0 1/2" 1"
2'-0" PARKING4"
1'-6"
3" 3" 8" 12"X24" SIGN WITH INTERNATIONAL HANDICAP SYMBOL AND "PARKING ONLY" (R99C(CA)) TYP "VAN ACCESIBLE" MESSAGE AS REQUIRED SEE SITE PLAN FOR LOCATIONS (R99C(CA)&R7-8b) 2" GALVANIZED STEEL SQ. PIPE ACCESIBLE PARKING SIGN CENTERED ON EACH REQUIRED ACCESIBLE PARKING SPACE. MOUNT SIGN ON WALL OR 2"X2" TUBE STEEL POST, SET IN CONCRETE 6'-8"
MIN.
8" ONLY MINIMUM FINE $250 VAN ACCESSIBLE BORDER, SYMBOL AND LETTERING COLOR- WHITE BACKGROUND, COLOR- BLUE (RETROREFLECTIVE)3" 3" 2" 2" 2" 1 1/2" E
4"
1'-6"
3" 3" 8" EV CHARGING SIGNAGE TYP 2" GALVANIZED STEEL SQ. PIPE ZEV SIGNAGE. MOUNT SIGN ON WALL OR 2"X2" TUBE STEEL POST, SET IN CONCRETE 6'-8"
MIN.

V BORDER, SYMBOL AND LETTERING COLOR- WHITE BACKGROUND, COLOR- BLUE (RETROREFLECTIVE) 3" 3" 1'-0"
4'-0" CONCRETE CAP, ROUND FIN FLOOR 6" DIA. STEEL PIPE, FILL WITH CONCRETE, GALV.2'-0" 3" CONCRETE SLAB6" (2) 2" W. REFLECTIVE STRIPS WHEN BOLLARD IS NEAR VEHICLE TRAFFIC SET POST IN CONCRETE 5'0 HIGH POST WHEN REQUIRED BY COG
40 MIL WRAP @ CONC
2'-0" FIN GRADE2'-10" 1/4" T. STEEL PLATE CAP, GALV. WELD AND GRIND 12" H. MILLED ALUMINUM LETTERS, 1" STAND OFF SLOPE GRADE AWAY FROM SIGN 4" H. MILLED ALUMINUM LETTERS, 1" STAND OFF 12" W. HONED INTEGRAL CMU WALL, GROUT TO MATCH 2X3 HHS SUPPORTS, GALV. CONCRETE FOUNDATION, SEE STRUCTURAL 1X6 COMPOSITE WOOD 1/2" FOUNDATION SYSTEM SEE STRUCT. CONCRETE PATIO TURN DOWN CONCRETE EDGE FOUNDATION SYSTEM SEE STRUCT.

VARIES 3'-6" FINISH GRADE
2" GUARDRAIL, 2X3 HHS STEEL SUPPORTS GALV. W/ COMPOSITE WOOD FENCING, CONCEALED FASTENERS SLOPE 2% CONCRETE PATIO TURN DOWN CONCRETE EDGE FOUNDATION SYSTEM SEE STRUCT. 3'-6" FINISH GRADE GUARDRAIL, STEEL SUPPORTS, GALV. W/ COMPOSITE WOOD FENCING, CONCEALED FASTENERS SLOPE 2% 3 1/2" 3 1/2" 1/4" T. X 4" W. STEEL 4" PLATE CAP 1/4" T. X 4" W. STEEL 4" PLATE CAP 8" MIN 8" MIN CONCRETE PATIO TURN DOWN CONCRETE EDGE FOUNDATION SYSTEM SEE STRUCT. 3'-6" FINISH GRADE GUARDRAIL, STEEL SUPPORTS, GALV. W/ COMPOSITE WOOD FENCING CONCEALED FASTENERS SLOPE 2% 3 1/2" 1/4" T. X 4" W. STEEL 4" PLATE CAP
8" MIN FINISH GRADE 2" DIA HOLE @ 4'0 O.C. SPACING W/ (2) 8" SQ. OVERLAPPING PATCHES OF GEOTEXTILE FABRIC TO MEET "CLATRANS STANDARD FOR EDGE DRAINS" FINISH GRADE 8X8X16 CMU WALL, COLOR HONED BLOCK (ALL EXPOSED SIDES) GROUT SOLID, SEE STRUCT. 2X8X16 CMU CAP BLOCK, COLOR HONED, GROUT SOLID, SEE STRUCT.

VARIES BUT LESS THAN 5'0 WALL AND FOUNDATION SYSTEM SEE STRUCT. 6"
6" NOTE: SEE STRUCTURAL DRAWINGS FOR ALL REQUIREMENTS. INSTALL MASONRY CONTROL JOINTS PER CBC MASONRY REQUIREMENTS CAP BLOCK, COLOR HONED 8X8X16 CMU WALL, HONED FACE ON ALL EXPOSE D SIDES GROUT SOLID, SEE STRUCTURAL FOR WALL REQUIREMENTS WALL AND FOUNDATION SYSTEM SEE STRUCT.

VARIES FINISH GRADE MIRI-DRI AND MIRI-DRAIN CONT. AT RETAINING WALL, TOP OF FOOTING TO TOP OF RETAINING FINISH GRADE GUARDRAIL, 2X3 HHS STEEL SUPPORTS, GALV. W/ COMPOSITE WOOD FENCING CONCEALED FASTENERS 4" DIA PERFORATED SCH-80 PIPE W/ FILTER SLEEVE 3/4" GRAVEL 6" AROUND PIPE W/ FILTER FABRIC 1 1/2" 1/4" T. X4" W. STEEL PLATE CAP 4"
6"
3 1/2"
4'-6 1/2" A_092 SITE DETAILS
2 10.15.22
13 11.5.24
- -
DATE:

REVISION:

T H O M A S G I F F O R D A R C H I T E C T

A R C H I T E C T U R E U R B A N D E S I G N
27 SEPT 2021
15 OCT 2022 GIFFORD C-38992 THOMAS RENEWAL 8/31/2021

L I CENSED
A

RCH I TECT

STA T E
OF
CA
L I FORN I A SCALE :
1 BLDG ENTRY SEATING- (UPHILL) A_092 ---- 1 / 4 " = 1 ' 0 0 1' 2'
4 A_092
2 A_092
3 A_092 SCALE :
2 BLDG ENTRY SEATING- (UPHILL) A_092 ---- 1 / 4 " = 1 ' 0 10'-0" 8'-1" 8'-0" SCALE :
3 BLDG ENTRY SEATING- (UPHILL) A_092 ---- 1 / 4 " = 1 ' 0 SCALE :
4 BLDG ENTRY SEATING- (UPHILL) A_092 ---- 1/2 " = 1 ' 0 SCALE :
5 PROJECT SIGNAGE A_092 ---- 1/2 " = 1 ' 0 SCALE :
6 MAIL ENCLOSURE A_092 ---- 1/2 " = 1 ' 0 SCALE : 10 FENCE SECTION A_092 ---- 1 / 2 " = 1 ' 0 SCALE :
8 RETAINING WALL SECTION A_092 ---- 1 / 2 " = 1 ' 0 SCALE :
9 YARDWALL SECTION A_092 ---- 1 / 2 " = 1 ' 0 SCALE : 12 PET STATION SIGNAGE A_092 ---- 1 " = 1 ' 0 SCALE : 13 ACC. PARKING SIGN A_092 ---- 1 " = 1 ' 0 SCALE : 14 BOLLARD DETAIL A_092 ---- 1 " = 1 ' 0 3'-6" 1/4"
6" 3'-0" 1/4"
3'-6" 1/4"
1234567891011121314 26 GA MEGA-RIB, GALVANIZED, MCELROY METAL ROOFING, SLOPE 3/4" /FT MINIMUM 15 S I T E D E T A I L N O T E S 16 S I T E D E T A I L G E N E R A L N O T E S A. REFER TO ALL SHEET FOR ALL REQUIREMENTS B. REFER TO CIVIL PLANS FOR TOP OF SLAB ELEVATIONS B. REFER TO LANDSCAPE PLANS FOR AND ADDITIONAL DETAILS C. ALL DIMENSIONS ARE TO THE OUTSIDE FACE OF CMU BLOCK 42" H. GUARD RAIL, COMPOSITE WOOD, SEE DETAIL 1718 HHS 3X2 POSTS, GALVANIZED, W/ BASE PLATE, SEE STRUCTURAL CEE 8X1.5 16 GAUGE GALVANIZED, SEE STRUCTURAL FOUNDATION SYSTEM, SEE STRUCTURAL FOR ALL REQUIREMENTS 1920212223 CLOSURE TRIM, 29 GA., GALVANIZED COMPOSITE WOOD SIDING, REFER TO DETAILS 42" H. GUARD RAIL, MESH, GALV. AT UNIT BALCONY, SEE DETAIL COMPOSITE WOOD SIDING, SCREEN, 6-1/2" GAPS, REFER TO DETAILS RAKE TRIM, 16 GA., GALVANIZED 5" CONCRETE SLAB, CONCRETE FOUNDATION SYSTEM, SEE CIVIL 12 GA SHEET METAL, GALV. 8X8X16 CMU BLOCK AND CAP BLOCK, COLOR-HONED BOTH SIDES, SEE STRUCTURAL CITY TRASH CONTAINER FASCIA., GALVANIZED 4" CONCRETE SLAB, SLOPE 2%, SEE CIVIL FOR ALL REQUIREMENTS BUILDING EXTERIOR WALL 1/4"T. X 4" W. STEEL PLATE, GALV, WELD AND GRIND SMOOTH CIP CONCRETE STAIRS +36" AFF METAL HANDRAIL, GALV. , WELD + GRIND SMOOTH, PAINT 4" CONCRETE SLAB, SEE CIVIL FOR ALL REQUIREMENTS 24 BENCH METAL GATES-2X2 HHS FRAME W/ 12 GA. SHEET STEEL, GALV. WELD AND GRIND SMOOTH, 4"SQ. HHS JAMBS, (3) HEAVY DUTY BARREL HINGES, THROW BOLT AND CANE BOLT, GALV. IN SLEEVE 25 4" CONCRETE SLAB, SEE CIVIL AND STRUCTURAL FOR ALL REQUIREMENTS, SLOPE 2% MAX. 26 2" DIA CORED HOLES FOR DRAINAGE 27 CIP CONCRETE STAIRS, SEE DETAIL 2/A_093 8X8X16 CMU BLOCK AND CAP BLOCK, HONED COLOR, SEE STRUCTURAL W/CSL, SI-COAT 530 ANTI-GRAFFITI COATING, ALL EXPOSED SURFACES, SEE DETAIL 8A/A_092 FOR WEEP HOLES 72 920 25
7219 18
9 2 7
1'-6" 1'-6"19
2 720
9 2
720
9 SCALE : 5A SIGN SECTION A_092 ---- 1/2 " = 1 ' 0 SLOPE 2% SLOPE 2%25 1" 1" 20 2626 26 26 1" SLOPE 2% 6 1/2"
7 1/2"
7 7
7 5A A_092
5 A_093
6 A_093 SCALE : 8A RETAINING WALL SECTION A_092 ---- 1 / 2 " = 1 ' 0 SCALE : 13A ZEV SIGN SCALE : A_092 ---- 1 " = 1 ' 0 11 YARDWALL W/ GUARDRAIL SEC A_092 ---- 1 / 2 " = 1 ' 0 5 A_093
6 A_093 TREX (COMPOSITE) FENCING TO MATCH NEW FENCE DETAIL, SK06 Packet Page 219

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Sheri Damon, City Attorney
DATE: March 6, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING TWO STORM DRAINAGE

EASEMENTS FOR CAMPUS TOWN PROJECT

RECOMMENDATION
Approve the attached drainage easements between the City of Seaside (“City” or “Grantor”) and KB-Bakewell Seaside II, LLC (“Grantee” or “Developer”), for (a) the GJM/Lightfighter East Basin, and (b) the 1st Street/Lightfighter West Temporary Basin.

BACKGROUND
The Developer submitted and received approval of Campus Town Phase 1A Tract improvement plans, specifications, and drawings, prepared by RJA and dated August 2022 (the “Original Improvement Plans”), which Improvement Plans have been approved by the City Engineer and the Marina Coast Water District (“MCWD”). The Original Improvement Plans were amended to include interim intersection improvements for the intersection of General Jim Moore Boulevard (GJM) and Lightfighter (the “Phase 1A Improvement Plans”). Phase 1A Improvement Plans include drainage improvements, described as follows:

GJM/Lightfighter East Basin: Located on the southeast corner of (GJM) and Lightfighter Drive intersection within a portion of Parcel 8 of Campus Town Phase 1 Final Map. The GJM/Lightfighter East Basin improvements were reviewed and approved by the City as part of the amended improvement plans for the GJM/Lightfighter interim intersection improvements. The City is the owner of Parcel 8, requiring an easement between the City and KB-B for the construction and improvement of this drainage improvement.

Final acceptance of the GJM/Lightfighter East Basin improvements are subject to the Phase 1A Subdivision Improvement Agreement between the City and KB-B. Attachment 1, “GJM/Lightfighter East Basin Drainage Easement Agreement,” has been reviewed by staff and recommends the Council authorize the City Attorney to execute with provision Packet Page 220

Item No. 8.K. Page 2 of 2
to make final edits and revisions in substantial conformance. 1 st Street/Lightfighter West Temporary Basin: Located on the southwest corner of 1st Street and Lightfighter Drive intersection on a portion of a parcel currently planned to accommodate Firestation #2 and currently owned by the City of Seaside. The 1st Street/Lightfighter West Temporary Basin improvements were reviewed and approved by the City as part of the Original Improvement Plans for Phase 1A. The purpose of 1st Street/Lightfighter West Temporary Basin is to capture drainage from the Army parcels until such time they construct a drainage basin just south of Campus Town Phase 1A.

Final acceptance of the 1st Street/Lightfighter West Temporary Basin improvements are subject to the Phase 1A Subdivision Improvement Agreement between the City and KBB. Upon termination of the 1st Street/Lightfighter West Temporary Basin, the Grantee is obligated to restore the Temporary Drainage Easement Area to its original condition.

Attachment 2, “1st Street/Lightfighter West Temporary Drainage Easement Agreement,” has been reviewed by staff and recommends the Council authorize the City Attorney to execute with provision to make final edits and revisions in substantial conformance.

FISCAL IMPACT
Net nuetral to positive as these improvements are necessary for the Campus Town Phase 1A to proceed to development.+

ATTACHMENTS

1. Resolution 25- XX Phase 1 A easements

2. Exhibit A Drainage Easement_GJM-Lightfighter Parcel 8 Basin Agreement

3. Exhibit B - Drainage Easement_West of 1st Street Agreement Reviewed for Submission to the City Council by:

________________________________________
Dan Meewis, Interim City Manager
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Meeting Date: 3/6/2025
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING TWO DRAINAGE EASEMENT AGREEMENTS FOR THE CAMPUS TOWN PROJECT PHASE 1A
WHEREAS, KB Bakewell Seaside Ventures II ("Developer") has submitted and received approval for Campus Town Phase 1A Tract improvement plans, specifications, and drawings, prepared by RJA and dated August 2022, which have been approved by the City Engineer and the Marina Coast Water District; and
WHEREAS, the Original Improvement Plans were amended to include interim intersection improvements for the intersection of General Jim Moore Boulevard (GJM) and Lightfighter Drive; and
WHEREAS, the Phase 1A Improvement Plans include two drainage improvements requiring easements:

1. GJM/Lightfighter East Basin: Located on the southeast corner of GJM and Lightfighter Drive intersection within a portion of Parcel 8 of Campus Town Phase 1 Final Map, owned by the City of Seaside.

2. 1st Street/Lightfighter West Temporary Basin: Located on the southwest corner of 1st Street and Lightfighter Drive intersection on a portion of a parcel currently planned to accommodate Firestation #2 and owned by the City of Seaside.

WHEREAS, the City Council has reviewed the proposed drainage easement agreements and finds them to be in the best interest of the City and consistent with the approved Campus Town Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seaside as follows:

1. The City Council hereby approves the attached GJM/Lightfighter East Basin Drainage Easement Agreement (Exhibit A) and authorizes the City Attorney to make final edits and revisions in substantial conformance with the exhibit and authorizes the City Manager to execute said document.

2. The City Council hereby approves the 1st Street/Lightfighter West Temporary Drainage Easement Agreement (Exhibit B) and authorizes the City Attorney to make final edits and revisions in substantial conformance with the exhibit and authorizes the City Manager to execute said document.

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2 The City Manager or designee is authorized to take all necessary actions to implement and administer these drainage easement agreements.

This Resolution shall become effective immediately upon its adoption.

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

RECORDED AT REQUEST OF
AND WHEN RECORDED RETURN TO:

CITY OF SEASIDE
440 Harcourt Avenue
Seaside, California 93955
Attn: City Engineer
APN(s): (SPACE ABOVE FOR RECORDER'S USE)
FEE EXEMPT - GOVERNMENT CODE § 27383

DRAINAGE EASEMENT AGREEMENT
This Drainage Easement Agreement (the “Drainage Easement Agreement”) is entered into this day of March ____,2025, by and between the City of Seaside, a California municipal corporation ("Grantor" or "City") and KB-Bakewell Seaside II, LLC, a Delaware limited liability company ("Grantee" or "Developer"). Grantor and Grantee may also be referred to individually as a "Party" and collectively as the "Parties" in this Drainage Easement Agreement.

RECITALS
A. Grantor is the owner of the real property at the southeast corner of General Jim Moore Boulevard and Lightfighter Drive intersection, located in the City of Seaside, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference Parcel "8" of Tract No. XXX ("Portion of Parcel 8") and, in its capacity as a public municipal entity, is also the owner of the municipal separate storm water drainage system which runs, in part, through the City of Seaside.

B. Grantee obligations with regard to the Phase 1A Property are further defined in the Development Agreement made by and between the City and Developer, adopted by Resolution No. 20-09 on March 5, 2020, and recorded May 27, 2020 (the “Development Agreement”).

C. On March 5, 2020, by Resolution No. 20-11 (“VTM Resolution”), the City approved the Vesting Tentative Map for the Campus Town Project (Subdivision Map 1558) (“Vesting Tentative Map” or “VTM”) subject to the applicable subdivision laws (“Subdivision Laws”) and to the City’s applicable standard requirements and conditions of approval (“Conditions”), all in accordance with the Development Agreement and contained in the City Council’s Resolution of Approval of the VTM, a copy of which is on file in the Office of the City Clerk, and which is incorporated herein by this reference. The Vesting Tentative Map depicts the Phase 1A Property (the “Phase 1A Project”), a portion of Campus Town development plan.

D. Grantee has submitted and received approval of Campus Town Phase 1A Tract XXXX improvement plans, specifications, and drawings, prepared by RJA and dated August 2022 (the “Original Improvement Plans”), which Improvement Plans have been approved by the City Engineer and the Marina Coast Water District (“MCWD”). The Original Improvement Plans were amended to include interim intersection improvements for the intersection of General Jim Moore Boulevard (GJM) and Lightfighter (the “Phase 1A Improvement Plans”). The Phase 1A Improvement Plans are on file in the City of Seaside Public Works Department and are incorporated herein by this reference. Said Phase 1A Improvement Plans, and related specifications in accordance with the Subdivision Laws and Conditions, as applicable, as Packet Page 224
subsequently may be modified by the mutual written agreement of the Parties, are hereby referred to as the “Improvement Plans” and are incorporated herein by this reference. Any improvement, monumentation, grading, or land development work to be constructed pursuant to the Improvement Plans and dedicated to the City (excluding any improvement, monumentation, grading, or land development work to be constructed pursuant to the Improvement Plans and dedicated to MCWD pursuant to that certain Water, Sewer, and Recycled Water Infrastructure Agreement for Campus Town Phase 1A, by and between Developer and MCWD, approved on July 18, 2022, by MCWD Resolution 2022-37 (“MCWD Agreement”)) is hereby referred to individually as an “Improvement” and collectively as the “Improvements”. The construction, installation, and completion of the Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the “Work.” E. Grantee obligations with regard to the Phase 1A Property Improvements are subject to Subdivision Improvement Agreement entered into March XX, XXXX, between the Developer and the City, and recorded March XX, XXXX (the “Subdivision Improvement Agreement”).

F. Grantee intends to improve existing Storm Drain system within Grantor’s property and along with common areas and improvements more particularly described in Exhibit "B" attached hereto and incorporated herein by reference Drainage Improvements (the "Drainage Improvements"), along with the easement proposed herein, shall be operated and maintained by the City.

AGREEMENT
NOW, THEREFORE, the Parties acknowledge that the recitals are true and correct, and incorporate those recitals by reference into this Drainage Easement Agreement hereto agree as follows:

1. GRANT OF EASEMENT

1.1 Drainage Easement; Drainage Easement Area. Subject to the use restrictions set forth in Section 2 of this Drainage Easement Agreement, Grantor grants to Grantee, and Grantee accepts from Grantor, a non-exclusive, drainage easement for the benefit of Phase 1A Project over, under, along and across a Portion of Parcel 8, including a right of ingress and egress, as more particularly describe in Exhibit “A” and Exhibit “B” attached hereto and incorporated by reference (the “Drainage Easement Area”), which interest shall include the following rights:

1.2 Surface Drainage. The right to drain any and all surface water from the Property over, along and across the Drainage Easement Area to the basin within Portion of Parcel 8 and until such time as the Grantee completes construction of the Storm Drain.

1.3 Construction of Laterals. Commencing upon construction of the Storm Drain laterals within Portion of Parcel 8 and adjacent public rights of way, the Grantor grants Grantee the right to (a) construct, maintain, use, and operate the Laterals within the Drainage Easement Area and to connect the Laterals to the storm drain; and (b) drain any and all surface water from the Campus Town development plan through the Laterals within the Drainage Easement Area to the storm drain within Portion of Parcel 8.

The rights contained in this Subsection 1.2 shall only become effective at such time, if ever, that Grantor receives all necessary approvals to commence construction of the storm drain within Portion of Parcel 8 and commences construction thereof.

1.4 Disclaimer. Grantee expressly disclaims any right, title, or interest in any Portion of Parcel 8, except as is expressly granted herein. Grantee expressly disclaims any expansion of the Drainage Easement Area or use for the Drainage Easement Area beyond what is expressly set forth herein, regardless of any future increase or expansion of use of the Property or change in use.

Packet Page 225

2. USE RESTRICTIONS

2.1 Compliance. Grantee understands and expressly acknowledges that the rights hereunder are expressly made subject to and contingent upon Grantees compliance with the requirements of the Campus Town Phase 1A Project and adjacent natural topography and access trails.

2.2 Maintenance. Grantee shall maintain in accordance with Phase 1A Project Subdivision Improvement Agreement, Section 3, Duty to Maintain Improvements.

2.3 No Representation or Warranty. This Drainage Easement Agreement does not address or alter any building or planning approval and permit process of the City. Grantee must abide by the City's regular procedure and schedule for permit and land use approvals. Grantee understands and agrees that City is not making any representation, warranty, or promise regarding any permit or land use approval. At all times City retains its right and obligation under the law to make land use and other decisions in its independent governmental capacity, considering the requirements of federal, state and local law, and the best interests of the City.

2.4 No Restriction on City's Use. Nothing in this Agreement prevents City from construction, repair, alteration, or modification of any portion of Parcel 8, or the Drainage Easement Area, or improvements located thereon.

2.5 City Access to Drainage Easement Area. Grantee agrees that City, its employees, officers and agents, are authorized to enter in, under and upon the Drainage Easement Area. Nothing in this Agreement shall limit the City's right to access the Drainage Easement Area at any time for its own purposes and reasons, which purposes and reasons are separate from the activities or Improvements authorized under this Agreement.

3. TERM AND TERMINATION.

3.1 Term. This Drainage Easement Agreement shall commence upon the date of its recording in the Official Records and shall perpetually and continuously remain in effect unless sooner terminated or extinguished by (a) written agreement, (b) default as set forth herein, or (c) abandonment for a period of no less than six months.

3.2 Termination. This Drainage Easement Agreement, in addition to any other remedies which may be pursued in law or in equity, may be terminated, along with any rights granted herein, by either Party upon a default of any material covenant, condition, or term herein by the other Party, which default is not cured as set forth below or by abandonment of the Drainage Easement or merger of the Property.

3.3 Default. In the event there is a default by either party with respect to any of the provisions of this Drainage Easement Agreement or its obligations under it, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have forty eight (48) hours to cure a default arising from an emergency or dangerous condition pursuant to Section 2.2 of this Agreement and thirty (30)days in which to cure any other default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure of a default is such that it reasonably requires more time that set forth herein and the defaulting party commences the cure within the time required and thereafter continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any action or effect any Packet Page 226
remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Paragraph.

3.4 Forfeiture and Reversion of Interest. In the event of termination of this Agreement, Grantee, and its successors and assigns forfeit all right, title, and interest in the Drainage Easements and such right, title, and interests shall revert back to the City.

4. COVENANTS RUN WITH LAND; EQUITABLE SERVITUDE

4.1 Covenants Running with the Land. The provisions of this Drainage Easement Agreement shall constitute covenants running with the land pursuant to applicable law, including California Civil Code Section 1468. Each covenant to do or refrain from doing some act hereunder shall run with the Parcel 8 and Campus Town development plan, shall be binding upon all persons having or acquiring any interest in Parcel 8, the Property or any part thereof, shall inure to the benefit of and burden the Property, and any interest therein, and shall inure to the benefit of, be binding upon, and may be enforced by the Grantor, and their successive owners and assigns.

4.2 Effect of Drainage Easement Agreement; Equitable Servitudes. Except as otherwise expressly provided herein, no rights or privileges conferred upon the Parties by this Drainage Easement Agreement shall inure to the benefit of any person or entity other than Grantor, Grantee, or their respective successors and assigns nor shall any other person or entity be deemed to be a third-party beneficiary of this Drainage

4.3 Easement Agreement. Each and all of the restrictions, covenants, and easements of this Drainage Easement Agreement (i) shall constitute equitable servitudes which shall apply to and be binding on the Parties hereto and each and all of their respective successors and assigns; and (ii) are imposed for the improvement and use of the land affected hereby and are designed for the mutual benefit of the Parties.

5. INDEMNIFICATION

5.1 Neither the Grantor, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, installation or maintenance of the Improvements by Grantee, its officers, employees and agents. Grantee shall indemnify, hold harmless and defend the Grantor, its officers, agents, and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including attorneys’ fees (collectively “Claims”), arising directly or indirectly out of or attributable to Grantee’s acts or failure to act with regard to the construction, or installation of the Improvements by Grantee.

5.2 Grantee’s obligations under this Section 5 are not conditioned or dependent upon whether the Grantee, or its officers, agents, and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the subdivision of the Phase 1A Property or the Improvements, or has insurance or other indemnification covering any of these matters.

5.3 Grantee’s obligation to indemnify, hold harmless and defend the Grantor shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to Claims asserted by adjacent property owners based upon the diversion of waters caused by the Grantee’s design or construction of public drainage systems, streets, and other public facilities or improvements. Except for a Grantor’s Packet Page 227
Directive as defined below, the Grantor’s acceptance of the Improvements shall not constitute an assumption by the Grantor of any responsibility or liability for any damage or alleged taking of property referenced herein. Grantor shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Grantee, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design (a “City Directive”). Developer’s indemnity obligations hereunder shall remain in effect until City acceptance of the respective Improvement(s) by the City Council. Grantee acknowledges and agrees that, until City’s acceptance of the Improvements, Grantee shall be responsible and liable for the design and construction of the Improvements and other Work done pursuant to this Agreement, unless same is due to a City Directive. City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any Work or construction of Improvements, unless same is due to a City Directive.

5.4 Grantor shall pay and satisfy any judgment, award or decree that may be rendered against Grantor, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter “Grantor and Grantor Personnel”) to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided Grantor gives Grantee prompt written notice of such claim and allows Grantee to undertake the defense thereof.

5.5 Grantee’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Grantor and Grantee Personnel.

5.6 Grantee, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Grantor and Grantor Personnel to the extent of the indemnity above provided.

5.7 Notwithstanding anything else to the contrary, Grantee’s defense and indemnification requirements under this Section 5 shall not apply to any Claim arising from or related to: (a) the gross negligence or willful misconduct of Grantor and Grantor Personnel; or (b) any breach of this Agreement, the Development Agreement, or the PSA by Grantor and Grantor Personnel.

6. MISCELLANEOUS

6.1 Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by certified first class mail, postage prepaid and return receipt requested, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either Party may from time-to-time designate by next day delivery or by mail as provided in this Section.

City: CITY OF SEASIDE
440 Harcourt Avenue
Seaside, CA 93955
Attention: City Engineer
Developer: KB BAKEWELL SEASIDE VENTURE II, LLC
c/o KB Home South Bay
Packet Page 228
5000 Executive Parkway, Suite 125
San Ramon, CA 94583
Attn: Vice President and Regional Counsel
Notices personally delivered shall be deemed to have been received upon delivery. Notices delivered by overnight courier service as provided above shall be deemed to have been received twenty-four (24) hours after the date of deposit. Notices delivered by deposit in the United States mail as provided above shall be deemed to have been given and received on the first to occur of (i) actual receipt by the addresses designated above as the Party to whom notices are to be sent, or (ii) five (5) business days after the date of deposit as provided above.

6.2 Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.

6.3 Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the Parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer.

6.4 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California.

6.5 Authority. Each Party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation, or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. [Signatures continued on next page]
Packet Page 229
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.

CITY:

CITY OF SEASIDE, a California Municipal Corporation
By:
_________________________, City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Sheri Damon, City Attorney
NOTE: Signature shall be notarized.
[Signatures continued on next page]
Packet Page 230
DEVELOPER:

KB-BAKEWELL SEASIDE VENTURE II, LLC,
a Delaware limited liability company
By:

Name: _________________________________________
Title: _____________________________________________
NOTE: Signature shall be notarized.

Packet Page 231

ACKNOWLEDGEMENTS
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document

STATE OF CALIFORNIA )

COUNTY OF )
On________________, 2023 before me,__________________________________________ ________________________,
(Insert name and title of officer)
Notary Public, personally appeared ___________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(SEAL)
Notary Public
* * * * * * * * * * * * *
Packet Page 232

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(SEAL)
Notary Public
* * * * * * * * * * * * *
Packet Page 233

EXHIBIT A
PARCEL "8" OF TRACT NO. XXX
Packet Page 234

EXHIBIT B

DRAINAGE IMPROVEMENTS
Packet Page 235

RECORDED AT REQUEST OF
AND WHEN RECORDED RETURN TO:

CITY OF SEASIDE
440 Harcourt Avenue
Seaside, California 93955
Attn: City Engineer
APN(s): (SPACE ABOVE FOR RECORDER'S USE)
FEE EXEMPT - GOVERNMENT CODE § 27383

TEMPORARY DRAINAGE EASEMENT AGREEMENT
This Temporary Drainage Easement Agreement (the “Temporary Drainage Easement Agreement”) is entered into this day of March ____,2025, by and between the City of Seaside, a California municipal corporation ("Grantor" or "City") and KB-Bakewell Seaside II, LLC, a Delaware limited liability company ("Grantee" or "Developer"). Grantor and Grantee may also be referred to individually as a "Party" and collectively as the "Parties" in this Temporary Drainage Easement Agreement.

RECITALS
A. Grantor is the owner of the real property at the south west corner of 1st Street and Lightfighter Drive intersection, located in the City of Seaside, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference Parcel 1 as part of economic development conveyance of Seaside 1B (portion of “Parcel 1") and, in its capacity as a public municipal entity, is also the owner of the municipal separate storm water drainage system which runs, in part, through the City of Seaside.

D. Grantee has submitted and received approval of Campus Town Phase 1A Tract XXXX improvement plans, specifications, and drawings, prepared by RJA and dated August 2022 (the “Original Improvement Plans”), which Improvement Plans have been approved by the City Engineer and the Marina Coast Water District (“MCWD”). The Original Improvement Plans were amended to include interim intersection improvements for the intersection of General Jim Moore Boulevard (GJM) and Lightfighter (the “Phase 1A Improvement Plans”). The Phase 1A Improvement Plans are on file in the City of Seaside Public Works Department and are incorporated herein by this reference. Said Phase 1A Improvement Plans, Packet Page 236
and related specifications in accordance with the Subdivision Laws and Conditions, as applicable, as subsequently may be modified by the mutual written agreement of the Parties, are hereby referred to as the “Improvement Plans” and are incorporated herein by this reference. Any improvement, monumentation, grading, or land development work to be constructed pursuant to the Improvement Plans and dedicated to the City (excluding any improvement, monumentation, grading, or land development work to be constructed pursuant to the Improvement Plans and dedicated to MCWD pursuant to that certain Water, Sewer, and Recycled Water Infrastructure Agreement for Campus Town Phase 1A, by and between Developer and MCWD, approved on July 18, 2022, by MCWD Resolution 2022-37 (“MCWD Agreement”)) is hereby referred to individually as an “Improvement” and collectively as the “Improvements”. The construction, installation, and completion of the Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the “Work.” E. Grantee obligations with regard to the Phase 1A Property Improvements are subject to Subdivision Improvement Agreement entered into March XX, XXXX, between the Developer and the City, and recorded March XX, XXXX (the “Subdivision Improvement Agreement”).

F. Grantee intends to improve existing Storm Drain system within Grantor’s property and along with common areas and improvements more particularly described in Exhibit "B" attached hereto and incorporated herein by reference Temporary Drainage Improvements (the "Temporary Drainage Improvements"), along with the easement proposed herein, shall be operated and maintained by the City.

AGREEMENT
NOW, THEREFORE, the Parties acknowledge that the recitals are true and correct, and incorporate those recitals by reference into this Temporary Drainage Easement Agreement hereto agree as follows:

1. GRANT OF EASEMENT

1.1 Temporary Drainage Easement; Temporary Drainage Easement Area. Subject to the use restrictions set forth in Section 2 of this Temporary Drainage Easement Agreement, Grantor grants to Grantee, and Grantee accepts from Grantor, a non-exclusive, drainage easement for the benefit of Phase 1A Project over, under, along and across a Portion of Parcel 1, including a right of ingress and egress, as more particularly describe in Exhibit “A” and Exhibit “B” attached hereto and incorporated by reference (the “Temporary Drainage Easement Area”), which interest shall include the following rights:

1.2 Surface Drainage. The right to drain any and all surface water from the Property over, along and across the Temporary Drainage Easement Area to the basin within Portion of Parcel 1 and until such time as the Grantee completes construction of the Storm Drain.

1.3 Construction of Laterals. Commencing upon construction of the Storm Drain laterals within Portion of Parcel 1 and adjacent public rights of way, the Grantor grants Grantee the right to (a) construct, maintain, use, and operate the Laterals within the Temporary Drainage Easement Area and to connect the Laterals to the storm drain; and (b) drain any and all surface water from the Campus Town development plan and adjacent properties through the Laterals within the Temporary Drainage Easement Area to the storm drain within Portion of Parcel 1. The rights contained in this Subsection 1.2 shall only become effective at such time, if ever, that Grantor receives all necessary approvals to commence construction of the storm drain within Portion of Parcel 1 and commences construction thereof.

1.4 Disclaimer. Grantee expressly disclaims any right, title, or interest in any Portion of Parcel 1, except as is expressly granted herein. Grantee expressly disclaims any expansion of the Temporary Packet Page 237
Drainage Easement Area or use for the Temporary Drainage Easement Area beyond what is expressly set forth herein, regardless of any future increase or expansion of use of the Property or change in use.

1.5 Restoration. Grantee is obligated to restore the Temporary Drainage Easement Area to its original condition upon termination of this agreement per Section 3 of this Agreement.

2. USE RESTRICTIONS

2.2 Maintenance. Grantee shall maintain in accordance with Phase 1A Project Subdivision Improvement Agreement, Section 3, Duty to Maintain Improvements.

2.3 No Representation or Warranty. This Temporary Drainage Easement Agreement does not address or alter any building or planning approval and permit process of the City. Grantee must abide by the City's regular procedure and schedule for permit and land use approvals. Grantee understands and agrees that City is not making any representation, warranty, or promise regarding any permit or land use approval.

At all times City retains its right and obligation under the law to make land use and other decisions in its independent governmental capacity, considering the requirements of federal, state and local law, and the best interests of the City.

2.4 No Restriction on City's Use. Nothing in this Agreement prevents City from construction, repair, alteration, or modification of any portion of Parcel 1, or the Temporary Drainage Easement Area, or improvements located thereon.

2.5 City Access to Temporary Drainage Easement Area. Grantee agrees that City, its employees, officers and agents, are authorized to enter in, under and upon the Temporary Drainage Easement Area. Nothing in this Agreement shall limit the City's right to access the Temporary Drainage Easement Area at any time for its own purposes and reasons, which purposes and reasons are separate from the activities or Improvements authorized under this Agreement.

3. TERM AND TERMINATION.

3.1 Term. This Temporary Drainage Easement Agreement shall commence upon the date of its recording in the Official Records and shall perpetually and continuously remain in effect unless sooner terminated or extinguished by (a) written agreement, (b) default as set forth herein, or (c) abandonment for a period of no less than six months.

3.2 Termination. This Temporary Drainage Easement Agreement, in addition to any other remedies which may be pursued in law or in equity, may be terminated, along with any rights granted herein, by either Party by mutual agreement of the Parties, or upon a default of any material covenant, condition, or term herein by the other Party, which default is not cured as set forth below or by abandonment of the Temporary Drainage Easement or merger of the Property.

3.3 Default. In the event there is a default by either party with respect to any of the provisions of this Temporary Drainage Easement Agreement or its obligations under it, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have forty eight (48) hours to cure a default arising from an emergency or dangerous condition pursuant to Section 2.2 of this Agreement and thirty (30)days in which to cure any other default, provided Packet Page 238
the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure of a default is such that it reasonably requires more time that set forth herein and the defaulting party commences the cure within the time required and thereafter continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any action or effect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Paragraph.

3.4 Forfeiture and Reversion of Interest. In the event of termination of this Agreement, Grantee, and its successors and assigns forfeit all right, title, and interest in the Temporary Drainage Easements and such right, title, and interests shall revert back to the City.

4. COVENANTS RUN WITH LAND; EQUITABLE SERVITUDE

4.1 Covenants Running with the Land. The provisions of this Temporary Drainage Easement Agreement shall constitute covenants running with the land pursuant to applicable law, including California Civil Code Section 1468. Each covenant to do or refrain from doing some act hereunder shall run with the Parcel 8 and Campus Town development plan, shall be binding upon all persons having or acquiring any interest in Parcel 8, the Property or any part thereof, shall inure to the benefit of and burden the Property, and any interest therein, and shall inure to the benefit of, be binding upon, and may be enforced by the Grantor, and their successive owners and assigns.

4.2 Effect of Temporary Drainage Easement Agreement; Equitable Servitudes. Except as otherwise expressly provided herein, no rights or privileges conferred upon the Parties by this Temporary Drainage Easement Agreement shall inure to the benefit of any person or entity other than Grantor, Grantee, or their respective successors and assigns nor shall any other person or entity be deemed to be a third-party beneficiary of this drainage.

4.3 Easement Agreement. Each and all of the restrictions, covenants, and easements of this Temporary Drainage Easement Agreement (i) shall constitute equitable servitudes which shall apply to and be binding on the Parties hereto and each and all of their respective successors and assigns; and (ii) are imposed for the improvement and use of the land affected hereby and are designed for the mutual benefit of the Parties.

5. INDEMNIFICATION

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5.3 Grantee’s obligation to indemnify, hold harmless and defend the Grantor shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to Claims asserted by adjacent property owners based upon the diversion of waters caused by the Grantee’s design or construction of public drainage systems, streets, and other public facilities or improvements. Except for a Grantor’s Directive as defined below, the Grantor’s acceptance of the Improvements shall not constitute an assumption by the Grantor of any responsibility or liability for any damage or alleged taking of property referenced herein. Grantor shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Grantee, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design (a “City Directive”). Developer’s indemnity obligations hereunder shall remain in effect until City acceptance of the respective Improvement(s) by the City Council. Grantee acknowledges and agrees that, until City’s acceptance of the Improvements, Grantee shall be responsible and liable for the design and construction of the Improvements and other Work done pursuant to this Agreement, unless same is due to a City Directive. City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any Work or construction of Improvements, unless same is due to a City Directive.

5.5 Grantee’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Grantor and Grantee Personnel.

6. MISCELLANEOUS

City: CITY OF SEASIDE
440 Harcourt Avenue
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Seaside, CA 93955
Attention: City Engineer
Developer: KB BAKEWELL SEASIDE VENTURE II, LLC
c/o KB Home South Bay
5000 Executive Parkway, Suite 125
San Ramon, CA 94583
Attn: Vice President and Regional Counsel
Notices personally delivered shall be deemed to have been received upon delivery. Notices delivered by overnight courier service as provided above shall be deemed to have been received twenty-four (24) hours after the date of deposit. Notices delivered by deposit in the United States mail as provided above shall be deemed to have been given and received on the first to occur of (i) actual receipt by the addresses designated above as the Party to whom notices are to be sent, or (ii) five (5) business days after the date of deposit as provided above.

6.4 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California.

6.5 Authority. Each Party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation, or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. [Signatures continued on next page]
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IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.

CITY:

CITY OF SEASIDE, a California Municipal Corporation
By:
_________________________, City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Sheri Damon, City Attorney
NOTE: Signature shall be notarized.
[Signatures continued on next page]
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DEVELOPER:

KB-BAKEWELL SEASIDE VENTURE II, LLC,
a Delaware limited liability company
By:

Name: _________________________________________
Title: _____________________________________________
NOTE: Signature shall be notarized.

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STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(SEAL)
Notary Public
* * * * * * * * * * * * *
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STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(SEAL)
Notary Public
* * * * * * * * * * * * *
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EXHIBIT A
PARCEL 1
OF ECONOMIC DEVELOPMENT CONVEYANCE “SEASIDE 1B”
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EXHIBIT B

TEMPORARY DRAINAGE IMPROVEMENTS
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Dominique Davis, City Clerk
Sheri Damon, City Attorney
DATE: March 6, 2025
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING TITLE 2 OF

THE SEASIDE MUNICIPAL CODE FOR THE PURPOSE OF

CORRECTING TYPOS, MISNUMBERED CODE SECTIONS,

SENTENCE STRUCTURE, MISSING DEFINITIONS,
CLARIFICATIONS AND PROPOSED TEXT AMENDMENTS. IN

ACCORDANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA) GUIDELINES THE PROPOSED AMENDMENTS ARE
EXEMPT PER 15061(B)(3) (SECOND READING, ROLL CALL
VOTE)

RECOMMENDATION
Conduct the second reading and adopt the ordinance.

BACKGROUND
Title 2 of the Seaside Municipal Code establishes the framework for the city's administrative operations, personnel management, commissions, and regulatory procedures. Recent amendments have been made to ensure clarity, efficiency, and legal compliance. Below is a summary of key changes:

1. City Council (Chapter 2.02)
• Clarified procedural rules for closed sessions
• Clarified retained powers of the City Council to contract and investigate

2. City Manager (Chapter 2.04)
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Item No. 9.A. Page 2 of 4
• Enhanced provisions for interim appointments during the City Manager’s absence.
• Clarifies the City Manager may be placed on Administrative Leave by the City Council
• Clarifies the relationship between the City Manager's employment contract and the code provisions
• Clarifies that the City Manager's powers are not exclusive • Reflects the actual practice of the City with respect to administrative investigations
• Provides for action by the City Council when it is determined a conflict of interest exists
• Introduced clearer guidelines on administrative investigations and oversight

3. City Attorney (Chapter 2.06)
• Amendments to harmonize with state law
• Codifies that the City Attorney may access files to discharge duties on any legal matter
• Codifies the existing rights to contract by the City Attorney granted by Resolution 20-87
• Explicitly gives the Council the right to designate additional duties/powers by Resolution
• Technical amendment reflecting the existing staffing

4. Boards and Commissions (Chapter 2.14)
• Revised terms of service for commission members.
• Established a standardized process for appointments and removals. • Required periodic reporting to the City Council for greater oversight.

5. Personnel System (Chapter 2.44)
• Updated hiring policies to align with state and federal employment regulations. • Revised employee discipline and grievance procedures. • Strengthened equal employment opportunity provisions.

6. Conflict of Interest Code (Chapter 2.42)
• Updated financial disclosure requirements for designated employees and officials. • Improved guidance on recusal and ethical decision-making.

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Item No. 9.A. Page 3 of 4

7. Electronic Records & Signatures (Chapter 2.59)
• Added provisions recognizing electronic records and signatures as valid under city procedures.
• Established compliance with the California Uniform Electronic Transactions Act (UETA).

The first reading, conducted on February 6, 2025, resulted in a motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola to adopt the changes with the following amendments:

Chapter 2.14.230 Compatibility of office. An appointed commissioner will automatically be placed on an excused leave of absence when they become a qualified candidate for the office of city council until the time that the general election is certified by the city council.

2.14.xxx Filling of vacancies. An appointed commissioner will automatically be placed on an excused leave of absence when they become a qualified candidate for the office of city council until the time that the general election is certified by the city council. Note regarding the amended agenda: This change was not applied to all commissions, and was corrected and noted on the amended agenda that was published on Monday, March 3, 2025 prior to 5:00 p.m.

Adoption of these revisions will support best practices in municipal governance and compliance with state regulations.

FISCAL IMPACT
The proposed amendments are expected to have minimal fiscal impact, with potential cost savings due to increased efficiency in administrative and personnel procedures.

ATTACHMENTS

1. Draft Ordinance Amending Title 2

2. 2.02 Exhibit A - Proposed Title 2 changes-redline (1)

3. 2.04 Exhibit A - Proposed Title 2 changes-redline (1)-2

4. 2.06 Exhibit A - Proposed Title 2 changes-redline (1)-3

5. 2.14 Exhibit A - Proposed Title 2 changes-redline (1) Reviewed for Submission to the City Council by:

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Item No. 9.A. Page 4 of 4

________________________________________
Dan Meewis, Interim City Manager
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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE CLARIFYING, AMENDING, AND REVISING TITLE 2, PERSONNEL AND

ADMINISTRATION, OF THE SEASIDE MUNICIPAL CODE
WHEREAS, the City desires to make technical, typographical, clarifications and modifications to the Seaside Municipal Code to better reflect the past practices and applications of the code; and
WHEREAS, the City has adopted Resolutions that have modified the interpretation and application of the code and these changes are being codified into the code; and WHEREAS, the City’s wishes to better clarify the duties and composition of the Commissions and Committees of the City to ensure quorums are able to be achieved, and that the scopes, duties better reflect the City’s current needs, including replacing quarterly reports with workplans.

NOW THEREFORE, the City Council of the City of Seaside, State of California does ordain as follows:

SECTION 1. GENERAL PURPOSE AND FINDINGS
A. The purpose of this Ordinance is to amend Title 2, Personnel and Administration of the Seaside Municipal Code to clarify, and amend Title 2.

SECTION 2. TEXT AMENDMENTS
New amendments to the existing code are shown in underline, while deletions are shown in strike out. All amendments are shown in Attachment A to this Ordinance. The following Chapters are hereby amended Chapter 2.02, City Council, Chapter 2.04 City Manager, Chapter 2.06 City Attorney, Chapter 2.14 through Chapter 2.37 all relating to Commission and Committees.

SECTION 3. ENVIRONMENTAL COMPLIANCE
The proposed changes to the Ordinance will not result in direct or indirect changes to the environment and do not meet the definition of project under CEQA. (14 CCR 15378(b)) SECTION 4. 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, provisions of this Ordinance are Packet Page 252
severable.

B. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 5. 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 20th day of February, 2025.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside, State of California, on the 20th day of February, 2025, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
________________________________
Ian Oglesby, Mayor
ATTEST:
________________________________
Dominique L. Davis, City Clerk
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APPROVED AS TO FORM:
________________________________
Sheri L. Damon, City Attorney
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Seaside Municipal Code
Title 2 ADMINISTRATION AND PERSONNEL

Page 1 ends

Seaside City CouncilMarch 6, 2025

Seaside City Council
March 6, 2025