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Agenda packet

Seaside City Council
April 7, 2022

Document
Agenda packet
Meeting
April 7, 2022
Body
Seaside City Council
Pages
8
Original file
29.0 MB
Text extracted from the city's file for reading and search. Open the original on seasideca.api.civicclerk.com. That file is the official record.

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, April 7, 2022
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ ___________________________________________________________________________________

VIRTUAL PUBLIC PARTICIPATION INSTRUCTIONS

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

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

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

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

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

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

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

Packet Page 1
City Council REGULAR Meeting April 7, 2022 5:00 PM Agenda Page 2

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Jason Campbell
Jon Wizard
Alexis Garcia-Arrazola
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member

3. INVOCATION AND PLEDGE OF ALLEGIANCE

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

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

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

7. PRESENTATIONS
A. REVIEW OF UPCOMING CITYWIDE EVENTS (ERNESTO ALTAMIRANO,

COMMUNICATIONS & COMMUNITY ENGAGEMENT SPECIALIST)
B. PRESENTATION FOR POLICE OFFICER, POLICE SUPPORT SERVICES,

FIREFIGHTER AND RESERVE FIREFIGHTER OF THE YEAR AWARDS AND

PROCLAMATIONS
C. PRESENTATION OF COMMENDATION FOR FORMER ART & HISTORY

COMMISSIONER, STEVEN RUSSELL (ASSISTANT CITY MANAGER,

ASHLEY COLLICK)

8. CONSENT AGENDA
Packet Page 2
City Council REGULAR Meeting April 7, 2022 5:00 PM Agenda Page 3 A. APPROVE MINUTES FROM SPECIAL MEETINGS ON MARCH 16, MARCH 25 AND MARCH 28, 2022
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. APPROVE AND FILE CITY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of February 12, 2022, through February 25, 2022, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending February 24, 2022. Total Accounts Payable and Payroll for the above referenced period is $1,392,574.49.

C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of February 12, 2022, through February 25, 2022, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending February 24, 2022. Total Accounts Payable and Payroll for the above referenced period is $76.94.

D. ACCEPT AND FILE THE CASH AND INVESTMENTS REPORT FOR THE CITY

OF SEASIDE AND THE SUCCESSOR AGENCY OF THE REDEVELOPMENT

AGENCY OF THE CITY OF SEASIDE FOR THE QUARTER ENDING
DECEMBER 31, 2021.

RECOMMENDATION: Accept and file the City of Seaside and the Successor Agency to the Redevelopment Agency of the City of Seaside Cash and Investment Report for the quarter ending December 31, 2021.

E. APPROVE APPOINTMENT TO THE COMMUNITY SAFETY ADVISORY

COMMISSION
RECOMMENDATION: Approve the appointment of Guada Perez to the Community Safety Advisory Commission as recommended by the Mayor.

F. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF DEL MONTE

AVENUE TO THROUGH TRAFFIC FROM TIOGA AVENUE TO THE

BEGINNING OF THE GRANITE ROCK BUILDING FOR THE CLASSIC
PORSCHE EVENT ON AUGUST 15, 2022
RECOMMENDATION: Adopt a resolution permitting the closure of Del Monte Avenue to through traffic from Tioga Avenue to the beginning of the Granite Rock building to ensure public safety during the Classic Porsche Event on Monday, August 15, 2022.

Packet Page 3
City Council REGULAR Meeting April 7, 2022 5:00 PM Agenda Page 4 G. ADOPT A RESOLUTION AUTHORIZING A MAINTENANCE AND RIGHT OF ENTRY AGREEMENT WITH SEASIDE HOUSING, L.P. FOR STORMWATER CONTROL AT HAMILTON, ELLIS & MARTIN (H.E.M.) PLAZA
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a Maintenance and Right of Entry Agreement with Seaside Housing, L.P. for the Hamilton, Ellis & Martin Apartments at 1466 Yosemite Street.

H. APPROVE REQUEST FOR CO-SPONSORSHIP AND FEE WAIVER FOR 2022

HOT CARS COOL NITES CAR SHOWS
RECOMMENDATION: Approve a request from Gold Coast Rods for CoSponsorship and to waive fees associated with four nights of the Hot Cars Cool Nites Classic Car Shows in the amount of $11,902.20.

I. ADOPT A RESOLUTION CREATING THE CLASSIFICATION OF RISK

MANAGEMENT TECHNICIAN AND FINANCIAL ANALYST AND MODIFYING

THE POSITION ALLOCATION LIST TO REFLECT THE MID-YEAR BUDGET

ADJUSTMENTS
RECOMMENDATION: Adopt a resolution authorizing the creation of the Financial Analyst and Risk Management Technician and modifying the Position Allocation List to reflect the Mid-Year Budget adjustments.

J. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF CANYON DEL

REY BOULEVARD FOR THE CITY OF SEASIDE'S RED, WHITE, AND BLUES EVENT ON JULY 4, 2022
RECOMMENDATION: Adopt a resolution authorizing the closure of Canyon Del Rey Boulevard for the City of Seaside's community event on July 4, 2022.

9. PUBLIC HEARING
A. SECOND READING OF AN ORDINANCE REPEALING AND AMENDING CHAPTER 17.52, SECTION 17.52.230 (RESIDENTIAL SECOND UNITS) OF

THE SEASIDE MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR ACCESSORY DWELLING UNITS. THIS PROJECT IS CATEGORICALLY EXEMPT SECTION 15061(B)(3) FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) (SECOND READING - ROLL CALL VOTE)
RECOMMENDATION: Pass and adopt an ordinance of the City of Seaside repealing and amending section 17.52.230 of the Seaside Municipal Code to establish an ordinance for Accessory Dwelling Units.

Packet Page 4
City Council REGULAR Meeting April 7, 2022 5:00 PM Agenda Page 5 B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE
WITH AB 481 LAW ENFORCEMENT AND STATE AGENCIES: MILITARY EQUIPMENT: FUNDING, ACQUISITION, AND USE (FIRST READING –

ROLL-CALL VOTE)
RECOMMENDATION: First reading of the proposed ordinance regarding the police department's acquisition and use of military equipment in accordance with State law (AB 481); and approve the military use policy.

10. BUSINESS ITEMS
A. RECEIVE OVERVIEW OF THE COMMUNITY CHARRETTE PROCESS AND

CONCEPTUAL PLAN OPTIONS FOR THE POTENTIAL FUTURE

DEVELOPMENT OF SEASIDE EAST
RECOMMENDATION: Receive the presentation from DPZ, and consider each conceptual plan. Select and approve one conceptual plan for DPZ to further develop in order to inform the General Plan update. Indicate whether to proceed under the City Vision process or the City Developer process.

B. ADOPT A RESOLUTION APPROVING A LICENSE TO WOWEE CANNA TO

ESTABLISH A NEW MEDICAL/ADULT RECREATIONAL CANNABIS RETAIL OPERATION LOCATED AT 1605/1609 SANTA BARBARA STREET
RECOMMENDATION: Adopt a resolution approving a license to Wowee Canna to establish a new medical/adult recreational cannabis retail operation located at 1605/1609 Santa Barbara Street.

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

1. RESOLUTION TO OPPOSE INITIATIVE 21-0042A1 (WIZARD)

2. AB626 REGARDING MICRO KITCHENS (WIZARD)

3. LINCOLN-CUNNINGHAM BASKETBALL COURT COST ESTIMATE (PACHECO)

4. DISCUSSION REGARDING PROCESS OF FILLING POLICE CHIEF POSITION (OGLESBY)

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

COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
This is a time specifically set aside for members of the City Council, the City Manager Packet Page 5
City Council REGULAR Meeting April 7, 2022 5:00 PM Agenda Page 6 and City Attorney to make brief comments of general interest to the community and report on committee assignments.

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

A. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.8

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties Under Discussion:

1. The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Negotiator for the City: Roberta Greathouse, City Manager, Negotiator for the Developer: Danny Bakewell Jr. et. al., Under Negotiation: Purchase and Sale Agreement Terms
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(GOVERNMENT CODE SECTION 54956.9)
Monterey County Superior Court
Case Number: 20CV003118
Case Name: People v. Arzadon

14. ADJOURNMENT
Next Regularly Scheduled Meeting:

April 21, 2022
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.

Packet Page 6
City of Seaside

PROCLAMATION
Benjamin Flores
Firefighter of the Year 2022
WHEREAS, Firefighter Benjamin Flores is being honored today and recognized today for the Firefighter of the Year award; and WHEREAS, the Firefighter of the Year award is presented to firefighters who exhibit actions and traits that go above and beyond the day-to-day duties; and WHEREAS, this year the Seaside Fire Department has faced an unusually high amount of staffing challenges and Firefighter Flores routinely makes himself available and responds quickly to fulfill these vital staffing needs; and WHEREAS, the Seaside Fire Department is a leader within Monterey County in regards to ensuring there is a sufficient quantity of COVID-19 vaccination clinics provided to the community and Firefighter Flores consistently participates in administering vaccines to the citizens of Seaside; and
WHEREAS, Seaside Fire Department’s Public Education program is a major part of fire prevention and community involvement and Firefighter Flores has integrated himself seamlessly into the program since his arrival; WHEREAS, Firefighter Flores was responsible for a well-attended and very successful 2021 Fire Department Open House. He spent six months coordinating with outside agencies as well as city staff to offer multiple displays and demonstrations for the community to enjoy and learn about fire safety; and WHEREAS, Firefighter Flores always conducts himself with professionalism and pride. Firefighter Flores maintains an incredibly authentic attitude and humble attitude. The Fire Department feels Firefighter Flores is the definition of what the title of Seaside Firefighter of the Year entails.

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 recognize and congratulate Benjamin Flores on his many accomplishments, including his recognition for the Firefighter of the Year award. _____________________
Ian N. Oglesby, Mayor
April 7, 2022
Packet Page 7
City of Seaside

PROCLAMATION
Michael Weisfuss
Reserve Firefighter of the Year 2022
WHEREAS, Reserve Firefighter Michael Weisfuss is being honored and recognized today for the Volunteer Firefighter of the Year award; and WHEREAS, he has been with the Seaside Fire Department since September 2019 and he continually demonstrates a strong work ethic, positive attitude and humble eagerness to build his skills at the Department; and WHEREAS, Reserve Firefighter Michael Weisfuss’ time commitment with Seaside Fire Department has been impeccable as he regularly shows up early and has not missed any work or training days; and
WHEREAS, Reserve Firefighter Michael Weisfuss constantly goes above and beyond the expected requirements; and
WHEREAS, As a Reserve Firefighter, Michael Weisfuss has administered hundreds of COVID-19 vaccines to the residents of Seaside and has done so in short notice and without hesitation. Michael assists when needed, while still balancing his full time job and normal daily commitments.

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 recognize and congratulate Reserve Firefighter Michael Weisfuss for his dedication and service to the community of Seaside and beyond. _____________________
Ian N. Oglesby, Mayor
April 7, 2022
Packet Page 8
City of Seaside

PROCLAMATION
Joshua Parker
Police Officer of the Year 2022
WHEREAS, Detective Joshua Parker is being honored today and recognized today for the Police Officer of the Year award; and
WHEREAS, the Police Officer of the Year award is presented to Police Officers who exhibit actions and traits that go above and beyond the day-to-day duties; and
WHEREAS, this year the Seaside Police Department has faced an unusually high amount of staffing challenges and Detective Parker routinely makes himself available and responds quickly to fulfill these vital staffing needs; and WHEREAS, Detective Parker was responsible for bringing justice to a family pertaining to a 1995 cold case homicide; and
WHEREAS, Detective Parker helped the Seaside Police strengthen relationships with local investigators, to include; The Monterey County District Attorney’s Office Cold Case Task Force, The Probation and Parole Department; and WHEREAS, Detective Parker has opened up multiple cold case investigations and discovered new leads; and
WHEREAS, Detective Parker always conducts himself with professionalism and pride. Detective Parker maintains an incredibly authentic and humble attitude.

The Police Department feels Detective Parker is the definition of what the title of Seaside Police Officer of the Year entails.

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 recognize and congratulate Joshua Parker on his many accomplishments, including his recognition for the Police Officer of the Year award. _____________________
Ian N. Oglesby, Mayor
April 7, 2022
Packet Page 9
City of Seaside

PROCLAMATION
Angela Myers
Support Staff of the Year 2022
WHEREAS, Support Staff Angela Myers is being honored today and recognized today for the Support Staff of the Year award; and WHEREAS, the Support Staff of the Year award is presented to Support Staff who exhibit actions and traits that go above and beyond the day-to-day duties; and
WHEREAS, this year the Seaside Police Department has faced an unusually high amount of staffing challenges and Support Staff Myers routinely makes herself available and responds quickly to fulfill these vital staffing needs; and WHEREAS, Support Staff Myers routinely brings a positive and fun attitude to her peers and supervisors; and
WHEREAS, Support Staff Myers is professional and helpful to all Seaside community members who come to or call the Police Department for assistance; and WHEREAS, Support Staff Myers was recognized for honoring multiple employees for outstanding work and sharing their stories; and WHEREAS, Support Staff Myers always conducts herself with professionalism and pride. Support Staff Myers maintains an incredibly authentic and humble attitude. The Police Department feels Support Staff Myers is the definition of what the title of Seaside Support Staff of the Year entails.

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 recognize and congratulate Angela Myers on her many accomplishments, including her recognition for the Support Staff of the Year award. _____________________
Ian N. Oglesby, Mayor
April 7, 2022
Packet Page 10

DRAFT MINUTES

CITY OF SEASIDE SPECIAL MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Wednesday, March 16, 2022
REDEVELOPMENT AGENCY 5:30 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:30 p.m.

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

3. PLEDGE OF ALLEGIANCE
Recited

4. PUBLIC COMMENT
None

5. CLOSED SESSION
City Attorney Sheri Damon read the Closed Session items. There were no comments from the public.

A. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 - PUBLIC EMPLOYEE:

City Manager Recruitment
Upon return from Closed Session, Ms. Damon announced there was no action to report.

6. ADJOURNMENT
With no further business, the meeting adjourned.

Respectfully submitted,
Packet Page 11
Wednesday, March 16, 2022 City Council SPECIAL Meeting Page 2 _________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 12

DRAFT MINUTES

CITY OF SEASIDE SPECIAL MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY OF THE Friday, March 25, 2022
REDEVELOPMENT AGENCY 6:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 6:00 p.m.

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

3. PLEDGE OF ALLEGIANCE
The pledge was led by Councilmember Campbell.

4. PUBLIC COMMENT
None

5. CLOSED SESSION
City Attorney Sheri Damon read the Closed Session items. There were no comments from the public.

A. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 - PUBLIC EMPLOYEE:

City Manager Recruitment
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION (1 MATTER)
Potential Litigation (1 Matter)
Upon return from Closed Session, the City Attorney announced a Special Meeting on Monday, March 28, 2022 at 10:00 a.m.

6. ADJOURNMENT
With no further business, the meeting adjourned at 7:17 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City/Agency Clerk Ian N. Oglesby, Mayor/Chair Packet Page 13

DRAFT MINUTES

CITY OF SEASIDE SPECIAL MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY OF THE Monday, March 28, 2022
REDEVELOPMENT AGENCY 10:00 AM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 10:00 a.m.

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

3. PLEDGE OF ALLEGIANCE
The pledge was led by Mayor Pro Tem/Vice Chair Pacheco.

4. PUBLIC COMMENT
None

5. BUSINESS ITEMS
None

6. CLOSED SESSION
City Attorney Sheri Damon read the Closed Session items. There were no comments from the public.

A. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 - PUBLIC EMPLOYEE:

City Manager Recruitment
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION (1 MATTER)
Potential Litigation (1 Matter)
Upon return from Closed Session, there was no action to report from the City Attorney.

Packet Page 14
Monday, March 28, 2022 City Council SPECIAL Meeting Page 2

7. ADJOURNMENT
With no further business, the meeting adjourned at 12:55 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City/Agency Clerk Ian N. Oglesby, Mayor Packet Page 15

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: April 7, 2022
SUBJECT: APPROVE AND FILE CITY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of February 12, 2022, through February 25, 2022, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending February 24, 2022. Total Accounts Payable and Payroll for the above referenced period is $1,392,574.49.

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

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

A description of the checks and wires exceeding $10,000.00 are as follows:
 $13,466.97 to Monterey Co. Convention & Visitor's Bureau for TID (Tourism Improvement District) remittance for the reporting period of December 2021 for the 13 Seaside motels/hotels.
 $24,424.08 to Zap Manufacturing Inc. for Project to purchase & replace (191) street name signs & Area 5's (117) flat blades.

Packet Page 16
Item No. 8.B. Page 2 of 2
 $14,430.00 to CSG Consultants, Inc. for Professional services for Enclave 2A & 2B Development Review for the period of December 2021.
 $33,000.00 to Bear Electrical Solutions for Downtown-Factory modification to fixtures & General Jim Moore decorative streetlight poles.  $14,511.18 to California JPIA for Workers' Comp claim overpayment reimbursement.
 $71,934.75 to Monterey One Water for FY 2021/22 Monterey Regional Stormwater Management program fees.
 $38,000.63 to Huntington Public Capital Corp. for Quarterly lease contract payment for the period of 11/8/21 - 2/7/22 for: 1.) Vactor and Patch Trucks 2.) 3 pick-up trucks used by the water department, SCSD, and the parks/streets department & for Energy Project leas payment for the period of 12/15/21 - 3/14/22.
 $13,200.00 to Monterey Bay Military Housing LLC for United Way rental assistance for 1 tenant for 6 months ending 4/1/2022.
 $11,150.00 to Kaiser Premier LLC for the purchase of (1) crawler cradle + (4) wheels for inspecting storm water pipes.
 $10,494.00 to Seaview Affordable Communities, L.P. for United Way rental assistance for 1 tenant for 11 months ending 2/1/2022.
 $13,000.00 to William Henry Kroeger for United Way rental assistance for 1 tenant for 5 months ending 12/1/2021.

The Net Payroll and Payroll benefits total was $763,467.13.

The remaining checks, totaling $371,495.75, include payments to vendors for operating expenditures.

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

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None
Packet Page 17

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: Successor Agency to the Redevelopment Agency of the City of Seaside FROM: Roberta Greathouse, Acting City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: April 7, 2022
SUBJECT: APPROVE AND FILE SUCCESSOR AGENCY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of February 12, 2022, through February 25, 2022, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending February 24, 2022. Total Accounts Payable and Payroll for the above referenced period is $76.94.

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

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

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

The check report is available on the City's website:
https://www.ci.seaside.ca.us/194/Check-Draft-Register
Packet Page 18
Item No. 8.C. Page 2 of 2

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS

1. 20220407 - SA Expense Approval Report
Packet Page 19
Amount
**None** 76.94
Expense Approval Report
Seaside, CA By Vendor Name
Payment Dates 2/12/2022 - 2/25/2022
973-9710-9526 AFFORDABLE HOUSING 75.51
Project Account Summary
Project Account Key Payment Amount
Account Summary
Account Number Account Name Payment Amount
973-2062 MISC PAYROLL PAYABLES 1.43
Report Summary
Fund Summary
Fund Payment Amount
973 - SA MERGED - LMIHF 76.94
Vendor: 7370 - UPEC, LOCAL 792
UPEC, LOCAL 792 MISC PAYROLL PAYABLES 973-2062 1.17
Vendor: 3138 - SEASIDE EMPLOYEES ASSN
SEASIDE EMPLOYEES ASSN MISC PAYROLL PAYABLES 973-2062 0.26 Vendor: 0501 - CALIFORNIA-AMERICAN WATER
CALIFORNIA-AMERICAN WATER AFFORDABLE HOUSING 973-9710-9526 75.51 Vendor Name Account Name Account Number
Packet Page 20

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Jessica Riley, Assistant Finance Director
Victor Damiani, Finance Director
DATE: April 7, 2022
SUBJECT: ACCEPT AND FILE THE CASH AND INVESTMENTS REPORT FOR

THE CITY OF SEASIDE AND THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF SEASIDE FOR THE
QUARTER ENDING DECEMBER 31, 2021.

RECOMMENDATION
Accept and file the City of Seaside and the Successor Agency to the Redevelopment Agency of the City of Seaside Cash and Investment Report for the quarter ending December 31, 2021.

BACKGROUND
Section 53646 of the California State Government code requires the fiscal officer to prepare a quarterly report detailing the City's and the Agency's cash and investments.

The City of Seaside's and the Successor Agency's Investment Policy requires a quarterly report. This report covers the Fiscal Year 2021-2022 first quarter beginning October 1, 2021, and ending December 31, 2021.

The December 31, 2021, report shows that approximately 99% of the portfolio is City of Seaside funds and 1% is Successor Agency Funds. 40% of the funds are invested in the Local Agency Investment Fund with the State of California.

FISCAL IMPACT
No fiscal impact
Packet Page 21

Item No. 8.D. Page 2 of 2

ATTACHMENTS

1. LAIF Program Description

2. LAIF Historical Interest Rates

3. PMIA Performance Report 20211231

4. Quarterly Investment Exhibits - 2Q quarter ended 12-31-21 Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 22
Program Description
The Local Agency Investment Fund (LAIF), a voluntary program created by statute, began in 1977 as an investment alternative for California's local governments and special districts and it continues today under Treasurer Fiona Ma's administration. The enabling legislation for the LAIF is Section 16429.1 et seq. of the California Government Code.

This program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office professional investment staff at no additional cost to the taxpayer.

The LAIF is part of the Pooled Money Investment Account (PMIA). The PMIA began in 1955 and oversight is provided by the Pooled Money Investment Board (PMIB) and an in-house Investment Committee. The PMIB members are the State Treasurer, Director of Finance, and State Controller.

The Local Investment Advisory Board (LIAB) provides oversight for LAIF. The Board consists of five members as designated by statute. The State Treasurer, as Chair, or her designated representative, appoints two members qualified by training and experience in the field of investment or finance, and two members who are treasurers, finance or fiscal officers or business managers employed by any county, city or local district or municipal corporation of this state. The term of each appointment is two years or at the pleasure of the Treasurer.

All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third party custodian. All investments are purchased at market and a market valuation is conducted monthly.

Additionally, the PMIA has Policies, Goals and Objectives for the portfolio to make certain that our goals of Safety, Liquidity and Yield are not jeopardized and that prudent management prevails. These policies are formulated by Investment Division staff and reviewed by both the PMIB and the LIAB on an annual basis.

The State Treasurer's Office is audited by the Bureau of State Audits on an annual basis and the resulting opinion is posted to the State Treasurer’s Office website following its publication. The Bureau of State Audits also has a continuing audit process throughout the year. All investments and LAIF claims are audited on a daily basis by the State Controller's Office as well as an internal audit process.

Under Federal Law, the State of California cannot declare bankruptcy, thereby allowing the Government Code Section 16429.3 to stand. This Section states that "moneys placed with the Treasurer for deposit in the LAIF by cities, counties, special districts, nonprofit corporations, or qualified quasi-governmental agencies shall not be subject to either of the following: (a) transfer or loan pursuant to Sections 16310, 16312, or 16313, or (b) impoundment or seizure by any state official or state agency." During the 2002 legislative session, California Government Code Section 16429.4 was added to the LAIF's enabling legislation. This Section states that "the right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency to withdraw its deposited moneys from the LAIF, upon demand, may not be altered, impaired, or denied in any way, by any state official or state agency based upon the state's failure to adopt a State Budget by July 1 of each new fiscal year." The LAIF has grown from 293 participants and $468 million in 1977 to 2,362 participants and $26.7 billion at the end of December 2019.

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3/29/22, 2:20 PM LAIF Quarterly Apportionment Rates
https://www.treasurer.ca.gov/pmia-laif/historical/quarterly.asp 1/2 Home ->> LAIF ->> Quarterly Apportionment Rates
Quarterly Apportionment Rates
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.23 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46 0.55 0.60 0.68
2017 0.78 0.92 1.07 1.20
Home | Open Government | Careers | Contact | Calendar
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3/29/22, 2:20 PM LAIF Quarterly Apportionment Rates
https://www.treasurer.ca.gov/pmia-laif/historical/quarterly.asp 2/2 Home | Comments | Disclosure Notice | Privacy Notice | Accessibility Statement | Unclaimed Property | Site Map | Download Adobe Reader © 2022 California State Treasurer's Office
March June September December
2018 1.51 1.90 2.16 2.40
2019 2.55 2.57 2.45 2.29
2020 2.03 1.47* 0.84 0.63
2021 0.44 0.33 0.24 0.23
*Revised 7/21/2020 per State Controller’s Office
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Feb 0.278
Jan 0.234
Dec 0.212
PMIA Quarter to Date(1): 0.21%
PMIA Average Life 340 (1):

LAIF Apportionment Rate 0.23 (2):

0.00000625812849570

0.997439120
LAIF Earnings Ratio(2):

LAIF Fair Value Factor(1):

PMIA Daily(1): 0.22%
Treasuries

65.86%
Agencies

18.33%
Certificates of
Deposit/Bank Notes

7.03%
Time
Deposits

1.99%
Commercial
Paper

6.21%
Corporate
Bonds

0.21%
Loans

0.37%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).

Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 03/08/22
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/21
Chart does not include $5,920,000.00 in mortgages, which equates to 0.003%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
02/28/22
$199.1 billion
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Exhibit A

DESCRIPTION INSTITUTION VALUATION AMOUNT
LAIF - City Funds State Treasurer Market $ 23,575,127.78 General Checking Bank of West Market $ 336,069.40
General Checking Mechanics Bank Market $ 23,622,889.23
Money Market Bank of West Market $ 6,439,037.66
Money Market Mechanics Bank Market $ 0.00
PARS Retirement Account US Bank Market $ 16,156.65
York Tail Claims Bank of America Market $ 25,875.35
Bond 2018 Cutino Reserve account US Bank Market $ 1,028,681.40 Bond 2018 Measure X Reserve account US Bank Market $ 3,372,014.47 Bond 2014 Reserve account US Bank Market $ 33,131.25
Bond 2006 Reserve & Installment accounts US Bank Market $ 448,213.79 Pension Obligation Bond Program Reserve account Wells Fargo Bank Market $ 714,841.58 Total $ 59,612,038.56
I hereby certify that sufficient investment liquidity and anitcipated revenues are available to meet the City's and the Agency's aniticipated expenditure requirements for the next six months. (California Code Section 53646)
Investments in this report meet the requirements of the City of Seaside's and the Successor Agency's Investment Policy.

Respectfully submitted,
Roberta Greathouse
City Manager
CITY OF SEASIDE and THE SUCCESSOR AGENCY

SUMMARY OF POOLED CASH AND INVESTMENTS
AS OF DECEMBER 31, 2021
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Exhibit B
Book % of Market
Yield Value Total Value
Investments
State Treasurer LAIF - City Account 0.12% 23,575,127.78 39.55% 23,575,127.78 Checking Account
Bank of West - General Checking 0.00% 336,069.40 0.56% 336,069.40 Mechanics - General Checking 0.00% 23,622,889.23 39.63% 23,622,889.23 Bank of West - Money Market 0.00% 6,439,037.66 10.80% 6,439,037.66 Mechanics - Money Market 0.04% 0.00 0.00% 0.00
PARS Retirement Account 0.00% 16,156.65 0.03% 16,156.65 Bank of America-York Checking 0.00% 25,875.35 0.04% 25,875.35 US Bank - Cutino Revenue 2018 Bonds
Installment Payment, Reserve 0.00% 1,028,681.40 1.73% 1,028,681.40 US Bank - Measure X Revenue 2018 Bonds
Installment Payment, Reserve 0.00% 3,372,014.47 5.66% 3,372,014.47 US Bank - Redevelopment Agency Merged Area Refunding 2014 Bonds Installment Payment, Reserve 0.00% 33,131.25 0.06% 33,131.25 US Bank - Golf Course 2006 Bonds
Installment Payment, Reserve 0.00% 448,213.79 0.75% 448,213.79 US Bank - PNC Equipment Lease Escrow Account 0.00% - 0.00% - Wells Fargo Bank
Pension Obligation Bond Program Reserve Account 0.01% 714,841.58 1.20% 714,841.58 Total Cash and Investments 100.00% 59,612,038.56 59,612,038.56 CITY OF SEASIDE and THE SUCCESSOR AGENCY

SUMMARY OF POOLED CASH AND INVESTMENTS
AS OF DECEMBER 31, 2021
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Exhibit C
ACCOUNT BEGINNING EXPENDED or INTEREST ENDING

INSTITUTION STATUS BALANCE DEPOSITED TRANSFERRED EARNED BALANCE

INVESTMENTS
LAIF - City OPEN $ 23,561,210.63 - 13,917.15 $ 23,575,127.78

CHECKING ACCOUNT
Bank of West - General Checking OPEN $ - 340,679.54 4,610.14 $ 336,069.40 Rabobank - General Checking OPEN $ 23,902,895.19 18,850,819.74 19,130,825.70 $ 23,622,889.23 Bank of West - Payroll Checking OPEN $ - 3,885.14 3,885.14 $ - Mechanics - Payroll Checking OPEN $ - 6,400,574.89 6,400,574.89 $ - Bank of West - Money Market OPEN $ - 6,439,035.02 15.00 17.64 $ 6,439,037.66 Mechanics - Money Market OPEN $ 6,438,399.98 - 6,439,035.02 635.04 $ 0.00 PARS Retirement Account OPEN $ 11,959.15 16,080.00 11,882.75 0.25 $ 16,156.65 York Tail Claims OPEN $ 24,852.87 21,416.54 20,394.06 - $ 25,875.35

BOND RESERVE ACCOUNT - HELD BY TRUSTEES
Bond 2018 Cutino Accounts - Reserve, Interest OPEN $ 1,028,669.59 91,083.02 91,084.39 13.18 $ 1,028,681.40 Bond 2018 Meas X Accounts - Reserve, Interest OPEN $ 3,371,949.76 202,049.59 202,050.01 65.13 $ 3,372,014.47 Bond 2014 Accounts - Reserve, Interest OPEN $ 0.00 33,131.25 - - $ 33,131.25 Bond 2006 Accounts - Reserve, Installment OPEN $ 339,564.27 108,644.86 - 4.66 $ 448,213.79 Wells F Pension Obligation Bond Prog-Reserve Acct. OPEN $ 789,952.66 75,130.80 150,261.60 19.72 $ 714,841.58 $ 59,469,454.10 32,582,530.39 32,454,618.70 14,672.77 $ 59,612,038.56 CITY OF SEASIDE and THE SUCCESSOR AGENCY

CASH AND INVESTMENT ACTIVITY REPORT FOR THE PERIOD
OCTOBER 1, 2021 THROUGH DECEMBER 31, 2021
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dominique Davis, City Clerk
DATE: April 7, 2022
SUBJECT: APPROVE APPOINTMENT TO THE COMMUNITY SAFETY

ADVISORY COMMISSION

RECOMMENDATION
Approve the appointment of Guada Perez to the Community Safety Advisory Commission as recommended by the Mayor.

BACKGROUND
The Mayor appoints members to the City's Boards, Commissions and Committees, which serve as advisory boards to the City Council. The purpose of the advisory boards is to supplement the City Council's skills and abilities to help guide the organization toward its mission. They also serve as an important link between the City Council and the Community by providing direct involvement in policy-making and communication of vital information.

The Mayor makes appointments to these advisory boards, while the City Manager designates Department Heads or other staff members to serve as staff liaisons that regularly attend meetings and provide technical support.

The Mayor has made the following appointment:

APPLICANT ADVISORY BODY
Guada Perez Community Safety Advisory Commission

FISCAL IMPACT
None
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Item No. 8.E. Page 2 of 2

ATTACHMENTS

1. Appointee Application - Guada Perez
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: April 7, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF DEL

MONTE AVENUE TO THROUGH TRAFFIC FROM TIOGA AVENUE

TO THE BEGINNING OF THE GRANITE ROCK BUILDING FOR
THE CLASSIC PORSCHE EVENT ON AUGUST 15, 2022

RECOMMENDATION
Adopt a resolution permitting the closure of Del Monte Avenue to through traffic from Tioga Avenue to the beginning of the Granite Rock building to ensure public safety during the Classic Porsche Event on Monday, August 15, 2022.

BACKGROUND
Porsche Monterey will be holding their Classic Porsche Event on Monday, August 15, 2022, from 1:00 p.m. to 10:00 p.m. The majority of the event will take place on Porsche property. However, they are requesting the closure of Del Monte Avenue from Tioga Avenue to the beginning of the Granite Rock building for their Porsche display.

The closure of Del Monte Avenue will greatly enhance this event and will allow for greater safety for the participants.

If the City Council approves the request for closure of Del Monte Avenue from Tioga Avenue to the beginning of the Granite Rock building on Monday, August 15, 2022, between the hours of 1:00 p.m. to 10:00 p.m., staff recommends the following conditions be met:

1. Obtain an ABC License for the event. (Alcohol will only be allowed inside the building and they will have security)

2. Submit a temporary traffic control plan and traffic detour plan prepared by a registered traffic engineer to be reviewed and approved by Public Works.

3. Provide proof of insurance coverage for the event.

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Item No. 8.F. Page 2 of 2

4. Pay all city-related costs (see cost estimate.)

FISCAL IMPACT
The estimated cost for staff time and resources is $3,811.00, and the event organizers will pay all associated costs.

ATTACHMENTS

1. Special Event Application - Porsche Monterey - Classic Porsche Event 2022

2. Map of Del Monte Avenue Closure 2022

3. Porsche Event Insurance 2022

4. Temporary Street Closure Policy- Porsche Monterey 2022

5. Resolution Porsche Monterey Classic Porsche Event 2022 Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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PROD / CUSTOMER ID:

OTHER:

EROTH- STATUTE
PER
LOC
LOC
LOC OTC LOC $
$
AUTO ONLY (Ea accident)
AGGREGATE $

ONLY HIRED AUTOS

AUTOS ONLY

IN GARAGE

AUTOS USED
JECT

COLLISION
EXCESS
PERILS

SPECIFIED

PRIMARY

COMP / DIRECT BASIS

LEGAL LIABILITY GARAGE KEEPERS LIABILITY
$ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) REMARKS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT (MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
REMARKS (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
$ OTHER THAN

AUTO ONLY
EA ACCIDENT $

GARAGE LIABILITY OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE #: REVISION #:

The ACORD name and logo are registered marks of ACORD
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

CERTIFICATE OF GARAGE INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 30 (2016/03)
© 2010-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER

NON-OWNED

BUSINESS

ANY AUTO
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 3/18/2022
Beecher Carlson Insurance Services
21650 Oxnard Street, Suite 1600
Woodland Hills, CA 91367
Beecher Carlson Insurance Services
404-460-1400 770-870-3043
www.beechercarlson.com
Pam Brooskin
Lithia Motors, Inc. and Subsidiaries
150 N. Bartlett Street
Medford OR 97501
67272976
✓
✓
The City of Seaside
its officers, agents, and employees
440 Harcourt Ave
Seaside CA 93955
If additional insured (ADDL INSR) and/or subrogation waived (SUBR WVD) boxes are checked above, applicable blanket policy endorsements apply in favor re: Porsche Classic Event on August 15, 2022
See SCHEDULE OF LOCATION(S) for detailed Property Location / Named Insured information. re: Off Site Event of the DESIGNATED ENTITY, as required by written contract, subject to the policy terms, conditions and exclusions.

DESIGNATED ENTITY: City of Seaside, its officers, employees and agents. 5,000,000
A CAA4057774 11/1/2021 11/1/2022
2,000,000
✓
✓ Other Than Auto - Agg Per Loc 2,000,000
✓
A CAA4057774 11/1/2021 11/1/2022 ✓ 1,000,000
✓ ✓ 1,000,000
✓
Included in Garage Liab.
✓
A LDC4057775 (AOS) 11/1/2021 11/1/2022 1,000,000
1,000,000 N
A PS 4065470 (WI) 11/1/2021 11/1/2022 1,000,000
Safety National Casualty Corporation 15105
67272976 | 2021-22 Liability | Robert Schwartz | 3/18/2022 4:42:56 PM (PDT) | Page 1 of 2 Packet Page 41
Loc # Named Insured DBA Address City State Zip
L184 Lithia Sea P, Inc. Porsche Monterey 1781 Del Monte Blvd Seaside CA 93955 SCHEDULE OF LOCATION(S) 3/18/2022
Lithia Motors, Inc. and Subsidiaries
150 N. Bartlett Street
Medford OR 97501
The City of Seaside
its officers, agents, and employees
440 Harcourt Ave
Seaside CA 93955

DATE ISSUED
NAMED INSURED: CERTIFICATE HOLDER:
ecertsonline™ SCHEDULE OF LOCATION(S)
67272976 | 2021-22 Liability | Robert Schwartz | 3/18/2022 4:42:56 PM (PDT) | Page 2 of 2 Packet Page 42
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RESOLUTION 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE CLOSURE DEL MONTE AVENUE TO THROUGH TRAFFIC

FROM TIOGA AVENUE TO THE BEGINNING OF THE GRANITE ROCK BUILDING WHEREAS, Porsche Monterey will be holding their Classic Porsche Event that is open to the public;
WHEREAS, the closing of Del Monte Avenue from Tioga Avenue to the beginning of the Granite Rock building is necessary between the hours of 1:00 p.m. and 10:00 p.m. on August 15, 2022, to insure the safety of the public; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approves the closure of Del Monte Avenue from Tioga Avenue to the beginning of the Granite Rock building to ensure the safety of the public using this portion of roadway during this event.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 07th day of April 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

__________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
____________________________
Sheri L. Damon, City Attorney
Packet Page 51

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: April 7, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A MAINTENANCE AND RIGHT OF ENTRY AGREEMENT WITH SEASIDE HOUSING, L.P.

FOR STORMWATER CONTROL AT HAMILTON, ELLIS & MARTIN
(H.E.M.) PLAZA

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Maintenance and Right of Entry Agreement with Seaside Housing, L.P. for the Hamilton, Ellis & Martin Apartments at 1466 Yosemite Street.

BACKGROUND
The Hamilton, Ellis & Martin Plaza Apartments, formerly known as the Del Monte Manor, recently completed renovations to the property. The Project renovated 23 multifamily apartment buildings, a community and maintenance building, an office and laundry building and associated parking, walkways and landscaping. The property, with APN 012-631-002 and more commonly known as 1466 Yosemite Street, is owned by Seaside Housing, L.P. To satisfy the requirements of the City's stormwater permit, the Project was required to develop and implement a Storm Water Control Plan (SWCP) and enter into Maintenance and Right of Entry Agreement (MROE) with the City.

A Storm Water Control Plan for the Project was reviewed and approved on November 19, 2019. Minor changes were required throughout the project to address unforeseen conditions encountered during construction. A revised Stormwater Control Plan was submitted on January 28, 2022, and reflects the minor changes encountered during the project. As certified by the project engineer and verified by City Engineering staff, the project has constructed structural storm water control measures (SCMs) consistent with the revised SWCP.

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Item No. 8.G. Page 2 of 2
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 MROE includes a site specific operation and maintenance plan 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 Seaside Housing, L.P.

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

ATTACHMENTS

1. Resolution

2. Maintenance & Right of Entry Agreement
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 53
RESOLUTION NO. 22-

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 SEASIDE HOUSING L.P. FOR THE

HAMILTON, ELLIS & MARTIN HOUSING COMPLEX
WHEREAS, Seaside Housing, L.P., Property Owner (hereinafter Applicant), filed Board of Architecture permit BAR 19-16 for the renovation of 23 multifamily apartments at parcel APN 012-631-002 more commonly known as 1466 Yosemite Street; and WHEREAS, BAR 19-16 required Applicant to develop a Storm Water Control Plan (SWCP) to construct storm water control measures and enter into a Maintenance and Right of Entry Agreement with the City; and
WHEREAS, Applicant has developed a SWCP dated November 14, 2019 that was reviewed and approved by city engineering staff on November 19, 2019; and WHEREAS, minor revisions to the SWCP were required to address unforeseen conditions during construction; and
WHEREAS, a revised SWCP dated January 28, 2022 prepared in conformance to City’s storm water permit was submitted to document the as-built conditions; and WHEREAS, Applicant has constructed the storm water control measures, and executed a Maintenance and Right of Entry Agreement committing to maintain the stormwater control measures.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute the Maintenance and Right of Entry Agreement with Seaside Housing L.P. attached hereto.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 7th day of April, 2022, 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 54
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 AGREEMENTFOR STORMWATER CONTROL

FOR DEL MONTE MANOR MAINTENANCE IMPROVEMENT
APN 012-631-002
Packet Page 55
1 MAINTENANCE AND RIGHT OF ENTRY AGREEMENT

FOR STORMWATER CONTROL
FOR DEL MONTE MANOR MAINTENANCE IMPROVEMENTS APN 012-631-002

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 _______________,2022 by and between Seaside Housing, L.P., 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 APN 012-631-002.

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 B AR 1 9-16 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 amended Stormwater Control Plan, dated anuary 28, 20222 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 Packet Page 56

MAINTENANCE AND RIGHT OF ENTRY AGREEMENT

FOR STORMWATER CONTROL
FOR DEL MONTE MANOR MAINTENANCE IMPROVEMENTS APN 012-631-002 2 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, and at the time of any sale or other transfer of title to the Property, 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 signed 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 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, and also a lien in such amount as will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment.

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 Packet Page 57

MMAINTENANCE AND RIGHT OF ENTRY AGREEMENT

FOR STORMWATER CONTROL
FOR DEL MONTE MANOR MAINTENANCE IMPROVEMENTS APN 012-631-002 3 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.

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MAINTENANCE AND RIGHT OF ENTRY AGREEMENT

FOR STORMWATER CONTROL
FOR DEL MONTE MANOR MAINTENANCE IMPROVEMENTS APN 012-631-002 4 IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above.

By:

Signature
Name: Roberta Greathouse Name:

Title: City Manager Title:

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
Signature
By
Darryl Choates
President
Del Monte Manor, LLC
Packet Page 59
T:\Monterey Projects\4053 - Del Monte Manor\DOCS\REPORTS\SWOMP\A-Legal-Exhibit A.docx

EXHIBIT A

LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF SEASIDE, COUNTY OF MONTEREY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL C, TRACT 531, DEL MONTE HEIGHTS UNIT "E", IN THE CITY OF SEASIDE, COUNTY OF MONTEREY, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 1, 1967, IN VOLUME 9 OF MAPS, "CITES AND TOWNS" AT PAGE 4, IN THE OFFICE OF THE RECORDER OF SAID COUNTY.

APN: 012-631-002-000

END OF DESCRIPTION
Job No. 4053
Packet Page 60

Page 2 of 2 ends

Packet Page 61
Prepared by: Billy D. Thomas. ■ Original Signed: 12/10/2019 Project Address: 1466 Yosemite St Staff Time (hrs): 1
If you have any questions, please contact Billy D. Thomas, Junior Engineer, at the Public Works Department, Engineering Division, at (831) 899-6745 or fax at (831) 899-6311, or email [email protected].

Page 1 ends

COMMENT SHEET

PUBLIC WORKS-ENGINEERING DIVISION
Project Address: 1466 Yosemite. Date Applied: October 3, 2019 Project Number: BAR-19-16 APN: 012-631-002
Applicant: Terrex Development Corp/Steve Madison
Description: Repairs to interior and exterior of 192 unit apartment complex including existing stairways, decks, balconies, colors and landscaping.

APPROVED - with CONDITIONS
Post Construction Requirement Initial Review (LID) Single Family Dwelling or Commercial Impervious Area: (≥2,500sf-new/replaced) (≥5,000sf-net) (≥15,000sf-net) (≥22,000sf-net) Performance Requirement: Exempt #1 #2 #3 #4 (#2-#4 require stormwater plan) Erosion Sediment Control Plan (addition?)
The Public Works Department, Engineering Division, has completed a review of plans of the above project. The following Required Action shall be listed on the first sheet and/or delineated within your building plans.

REQUIRED ACTION

1. Proposed project must implement storm water best management practices (BMPs) during construction.(SMC 8.46)
a. Complete and submit the Storm water Compliance Tracking Form, with signature with building permit application.
b. A project specific Erosion and Sediment Control Plan (ESCP) is required of the applicant as part of building permit application.
c. If the disturbed area is greater than one (1) acre, a Storm water Pollution Prevention Plan (SWPPP) shall be prepared and a WDID obtained by the applicant from the State Water Quality Control Board. Submit the SWPPP for City of Seaside review.

2. Post-development peak storm water runoff rates shall not exceed predevelopment rate. A pro rata share of the cost of offsite erosion sediment, and flood control improvements and/or for maintenance to the principal drainage way may be required by the city engineer to handle the increase peak runoff and/or sediment generated by the project.(SMC 15.32.170) a. As part of building permit application, develop civil grading and drainage plans to clearly show direction of storm water drainage from new or redeveloped impervious surfaces. b. Drainage shall not be directed to adjacent properties. See item 3 for further requirements.

3. As required by Attachment 1 to Resolution No. R3-2013-0032 of the Central Coast Regional Water Quality Control Board, the applicant shall develop a Storm water Control Plan demonstrating compliance with performance requirements #1, #2, #3, and #4 as applicable.(SMC 8.46.130) Exhibit B
Packet Page 62
Prepared by: Billy D. Thomas. ■ Original Signed: 12/10/2019 Project Address: 1466 Yosemite St Staff Time (hrs): 1
If you have any questions, please contact Billy D. Thomas, Junior Engineer, at the Public Works Department, Engineering Division, at (831) 899-6745 or fax at (831) 899-6311, or email [email protected].

Page 2 ends

a. Applicant shall submit a Storm Water Control Plan prior to finalizing site plan or civil grading and drainage plans. Storm Water Control Plan shall be approved by the City prior to finalizing project civil grading and drainage plans and shall include hydrology and hydraulic calculations validating the design of conveyance, treatment and/or infiltration features. b. Applicant shall submit architectural and civil grading and drainage plans with building permit application in substantial conformance to the approved Storm Water Control Plan. i. Plans shall clearly denote, in table format, the pre-project impervious surface area, new impervious surface area created, replaced impervious surface area, and post-project impervious surface area.
c. Prior to issuance of occupancy, applicant shall execute and record as a deed restriction a Right of Entry and Maintenance Agreement. The Right of Entry and Maintenance Agreement shall:
i. Include indemnity, insurance and security requirements in conformance with the template provided by the City, and
ii. include an operation and maintenance (O&M) plan approved by the City stating that the property owner will conduct, and accepts responsibility for, maintenance of all storm water control measures (SCMs), and
iii. include a legal description of the property, and
iv. describe the methods and procedures for conducting periodic inspections and maintenances of all SCMs, and
v. require applicant to provide to the City each year during a period beginning on September 1 and ending no later than September 30 a statement certified by a licensed Civil Engineer or Qualified Storm water Developer (QSD) registered in the State of California stating that the SCM maintenance is in accordance with the O&M plan, and vi. include a statement that transfers responsibility for maintenance of SCMs to future owners of the property.

4. Prior to final inspection, any curb, gutter and sidewalk damaged during construction shall be replaced by a licensed concrete contractor in conformance with the most current applicable engineering standards, and upon the prior issuance of an Encroachment Permit from the Public Work Department.

Exhibit B
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D# or T#
D2
T1
T2
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T5
D4
D6
D8 D9
D10
F2
F3 F4
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F13 F14
F15 F16
F22
F1
F6
F#

YOSEMITE STREET
PROJECT No.:

Civil Engineering +
Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
T:\Monterey Projects\4053 - Del Monte Manor\DOCS\REPORTS\SWOMP\Exh C SCM Site Map.dwg

SEASIDE, MONTEREY COUNTY, CALIFORNIA
11/16/2021
4053.00
EXHIBIT C (SHEET 1 OF 2)

EXHIBIT OF STORMWATER CONTROL MEASURES
1" = 80'
Packet Page 64
T3
T4
T5
D4
D6
D8 D9
D10
POND 1
D13
D15 D14
D16
F2
F3 F4
F5
F7
F8
F9
F12
F10
F13
F22 F21 F20 F19 F18
F23
F24
F1
F6
F25
F26

CITY-OWNED DETENTION POND

YOSEMITE STREET

SONOMA AVENUE
F31
PROJECT No.:

Civil Engineering +
Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
T:\Monterey Projects\4053 - Del Monte Manor\DOCS\REPORTS\SWOMP\Exh C SCM Site Map.dwg

SEASIDE, MONTEREY COUNTY, CALIFORNIA
11/16/2021
4053.00
EXHIBIT C (SHEET 2 OF 2)

EXHIBIT OF STORMWATER CONTROL MEASURES
1" = 80'
Packet Page 65
Operation and Maintenance Plan for
Stormwater Control Measures
at
Del Monte Manor
1466 Yosemite Street
Seaside, CA 93955
APN 012-631-005
January 28, 2022
Prepared By:
6 Harris Court ▪ Monterey, CA 93940
831 649-5225 ▪ Fax 831 373-5065
Job No.: 4053
Packet Page 66
Exhibit D
Operation and Maintenance Plan (OMP) for Stormwater Control Measures (SCMs) at Del Monte Manor
Del Monte Manor OMP November 17, 2021
Project # 4053 Page 1 of 2
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 Del Monte Manor renovation project (Project), located at 1466 Yosemite Street, Seaside, CA 93955, Assessor’s Parcel Numbers (APN) 012-631-005.

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 County 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, Seaside Housing L.P. (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 1), 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 Exhibit C. For more detailed construction information see the As-Built Plans (Whitson Engineers, 2021). For facility sizing information see the As-Built Storm Water Control Plan (Whitson Engineers, 2021).

Table 1. Facilities to be Maintained
• Twenty-four (22) Landscape Filter Strips (Self Retaining Landscape Areas) • Sixteen (15) 3-inch deep graded depressions (Self Retaining Landscape Areas) These facilities must be inspected and maintained in accordance with the Fact Sheets provided in Attachment 4.

Packet Page 67
Exhibit D
Operation and Maintenance Plan (OMP) for Stormwater Control Measures (SCMs) at Del Monte Manor
Del Monte Manor OMP November 17, 2021
Project # 4053 Page 2 of 2
Prepared by:

Whitson Engineers
6 Harris Court
Monterey, CA 93940
Phone: (831) 649-5225
January 28, 2022
Richard P. Weber, PE Date
Principal
Attachments:

1. Responsible Parties

2. Annual Cost Estimate for SCM Operation and Maintenance

3. SCM End-Of-Life Replacement Cost Estimate

4. Stormwater Facilities Operation and Maintenance Fact Sheet Packet Page 68
Designation of Individuals Responsible for
Stormwater Treatment BMP Operation and Maintenance
Date Completed
January 28, 2022
Facility Name
Hamilton, Ellis & Martin Plaza (formerly Del Monte Manor) Facility Address
1466 Yosemite Street, Seaside, CA 93955
Designated Contact for Operation and Maintenance
Name: Title or Position:

Matt Locati President, TarraCorp & Terrex Companies
Telephone: Alternate Telephone:
(925) 284-6474
Email:
[email protected]
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:

Matt Locati President, TarraCorp & Terrex Companies
Address:
1043 Stuart Street, Suite 220, Lafayette, California 94549 Telephone: Alternate Telephone:
(925) 284-6474
Email:
[email protected]
Packet Page 69
Attachment 2 to Exhibit D
ITEM NO. ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

MEASURE UNIT COST TOTAL COST
Maintenance costs are addressed as general landscape maintenance; no separate funding Annual inspection and certification by Civil
Engineer 1 LS $ 500.00 $ 500
SUBTOTAL: $ 500
Note: Activities are based on the Operation and Maintenance Plan for the site by Whitson Engineers, 2021.

Costs are given in 2021 dollars.

Self-Retaining Landscape Areas
Annual Inspection and Certification
4053.00
NDM
01/28/22
Structural Stormwater Control Measure (SCM)
Annual Operation and Maintenance Cost Estimate
Del Monte Manor
1466 Yosemite Street, Seaside, CA 93955
Job No.

Estimator
Date
Packet Page 70
Attachment 3 to Exhibit D
ITEM NO. ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

MEASURE UNIT COST TOTAL COST
Costs are addressed as general landscape maintenance/replacement; no separate funding SUBTOTAL: $ -
Note: Prices assume removal and replacement of existing systems in-kind. Costs are given in 2021 dollars. 4053.00
NDM
11/17/21
Self-Retaining Landscape Areas
Structural Stormwater Control Measure (SCM)
End-Of-Life Replacement Cost Estimate
Del Monte Manor
1466 Yosemite Street, Seaside, CA 93955
Job No.

Estimator
Date
Packet Page 71
Attachment 4 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.

Landscape Filter Strips (Self-Retaining Landscape Areas):

1. See “General Landscaping”, above.

2. Landscape filter strips are intended to:
a. Receive sheet-flow runoff from adjacent impervious surfaces (walkways).

3. Do not re-grade or fill in the filter strip. It is important that the ground surface be maintained at between 2% to 15% slope away from the adjacent walkway so that it can receive and infiltrate runoff from the walkway.

Packet Page 72
Attachment 4 to Exhibit D
O&M Fact Sheet – General Page 2 of 3
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

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.

Packet Page 73
Attachment 4 to Exhibit D
O&M Fact Sheet – General Page 3 of 3

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.

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 74
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 75

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: April 7, 2022
SUBJECT: APPROVE REQUEST FOR CO-SPONSORSHIP AND FEE WAIVER FOR 2022 HOT CARS COOL NITES CAR SHOWS

RECOMMENDATION
Approve a request from Gold Coast Rods for Co-Sponsorship and to waive fees associated with four nights of the Hot Cars Cool Nites Classic Car Shows in the amount of $11,902.20.

BACKGROUND
The City of Seaside has co-sponsored and funded the Gold Coast Rods classic car show on lower Broadway since 1998. The original car shows were fully funded for six events occurring on the last Friday of each month from May to October. During the 2005-06 budget review, the City Council voted to fund the first three events only; requiring Gold Coast Rods to subsidize the remaining three events for the 2005 and 2006 seasons.

Funding was completely eliminated in the 2009-10 budget cuts and the organization eventually discontinued their event in the City of Seaside.

The 2021 events were approved for co-sponsorship and fee waivers for costs associated with public works services. The Fee Waiver request was approved to close the streets on Broadway Avenue between Calaveras and Contra Costa and detour traffic during the event.

Gold Coast Rods has submitted a Special Event Application and is requesting all fees be waived for this year’s events that will be held on June 24, 2022, July 29, 2022, August 26, 2022, and September 30, 2022. Gold Coast Rods will provide the insurance coverage.

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Item No. 8.H. Page 2 of 2

FISCAL IMPACT
Fees that would have been credited to the General Fund will not be collected if the fee waiver is granted.

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

June 24, 2022:

Public Works Staff: $2,975.55
July 29, 2022:

Public Works Staff: $2,975.55
August 26, 2022:

Public Works Staff: $2,975.55
September 30, 2022:

Public Works Staff: $2,975.55
GRAND TOTAL FOR ALL FOUR EVENTS: $11,902.20

ATTACHMENTS

1. Gold Coast Fee Waiver 2022

2. Temporary Street Closure Policy- Gold Coast Rods 2022

3. Gold Coast Rods Events - Insurance 2022
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Roberta Greathouse, Human Resources Director/Risk Manager DATE: April 7, 2022
SUBJECT: ADOPT A RESOLUTION CREATING THE CLASSIFICATION OF

RISK MANAGEMENT TECHNICIAN AND FINANCIAL ANALYST

AND MODIFYING THE POSITION ALLOCATION LIST TO

REFLECT THE MID-YEAR BUDGET ADJUSTMENTS

RECOMMENDATION
Adopt a resolution authorizing the creation of the Financial Analyst and Risk Management Technician and modifying the Position Allocation List to reflect the MidYear Budget adjustments.

BACKGROUND
On March 15, 2022, the City Council received the Mid-Year Budget report for Fiscal Year 2021-2022. In that report, staff recommended the addition of several positions which were approved by the City Council. As these positions are not currently on the City's position list, staff requests the Council add the positions to the position list and establish the salary and benefits for the positions. In addition, it is requested the City Council approve the updated Position Allocation List that reflects the Mid-Year Budget Adjustments.

The Risk Management Technician will be added to the Human Resources / Risk Management Department and will perform technical work in the area of workers' compensation, safety, and claims management. The position will be hourly and represented by the Seaside City Employees' Association and will be paid $36.68 per hour, which is equivalent to a Human Resources Specialist.

The Financial Analyst will be added to the Finance Department and will perform accounting and grant management work. This position will be exempt from the provisions of the FLSA and represented by the Seaside Managers and Supervisory Packet Page 97

Item No. 8.I. Page 2 of 2
Employees' Association and will be paid $86,351.20 per year, which is equivalent to Accountant I.

FISCAL IMPACT
These additional positions have been incorporated into the Fiscal Year 2021-2022 Budget.

ATTACHMENTS

1. Resolution

2. Risk Management Technician Job Description

3. Financial Analyst Job Description

4. Position Control List FY2022-23
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE CREATING

THE CLASSIFICATION OF RISK MANAGEMENT TECHNICIAN AND FINANCIAL

ANALYST AND MODIFYING THE POSITION ALLOCATION LIST TO REFLECT

MID-YEAR BUDGET ADJUSTMENTS
WHEREAS, the full-time Classification Plan may be amended upon recommendation of the City Manager and approval by the City Council; and
WHEREAS, in order to provide greater efficiency in the operation of the City and enhance service levels, certain job classifications have been prepared; and WHEREAS, there is a need to create the classification of Risk Management Technician in the Human Resources / Risk Management Department; and WHEREAS, the Risk Management Technician will be assigned to the Seaside City Employees’ bargaining unit and paid a top step hourly rate of $36.68, which is equivalent to Human Resources Specialist; and
WHEREAS, there is a need to create the classification of Financial Analyst in the Finance Department; and
WHEREAS, the Financial Analyst will be assigned to the Seaside Managers and Supervisory Employees’ bargaining unit and paid a top step annual salary of $86,351.20, which is equivalent to Accountant I; and
WHEREAS, the addition of these positions will enhance the City’s services and will provide valuable support to the community; and
WHEREAS, the Position Allocation List will be modified as attached to reflect all staffing changes approved by the City Council at the March 15, 2022, City Council meeting.

WHEREAS, the Finance Department is authorized to make any budget adjustments that are necessary as a result of this change.

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

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of April 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCILMEMBERS:

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ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________
Ian N. Oglesby, Mayor
City of Seaside
ATTEST:
__________________________
Dominique Davis, City Clerk
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FEBRUARY 2022
FLSA: NON-EXEMPT

RISK MANAGEMENT TECHNICIAN

DEFINITION
Under general supervision, performs complex and varied technical, professional, and confidential work required to administer risk management programs, including workplace safety, workers' compensation support, ergonomics review, general liability claims support, risk transfer, loss prevention, and other related programs; performs research and analysis; provides consulting services to City departments related to all aspects of risk management programs and activities; performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Human Resources Director / Risk Manager. May provide technical and function direction to lower staff.

CLASS CHARACTERISTICS
This is an experienced-level class in the Human Resources / Risk Management Department responsible for performing technical work in the following areas: safety / loss control, training, workers’ compensation, general liability claims and other risk management programs, and assisting with ensuring conformance to rules and regulations; interpreting and explaining policies and procedures to public and employees; and performing a variety of record-keeping, administrative, and technical support activities.

Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit.

Successful performance of the work requires the frequent use of tact, discretion, and independent judgment, knowledge of departmental and City activities, and extensive staff, public, and organizational contact.

EXAMPLES OF TYPICAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Assist in the administration of the City’s workers’ compensation program.  Support the administration of the Return to Work program.  Assist employees in resolving issues related to workers' compensation, safety, and health.
 Receive, review, and process reports of occupational illness and injury for completeness and accuracy.
 Prepare materials for and attend the City monthly safety committee meetings.

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Risk Management Technician

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 Coordinate and assist departments in conducting inspections of City operations and facilities to determine compliance with Federal, State, and local safety regulations, including Occupational Health & Safety Administration reviews and ergonomic evaluations of workstations; and recommend changes to preclude injuries.  Participate in the development and administration of workers' compensation and liability program budgets.
 Accept and tender general liability claims to the City’s claim administrator; provide documentation and other requested information.
 Research reported incidents by City staff and the public.  Review insurance requirements and hold harmless language for contracts and permits to comply with City liability limits requirements.
 Assist with completion of annual insurance applications and other reports.  Manage loss recoveries; coordinate with city departments and outside entities to recover city property damage losses.
 Maintain confidentiality of work-related issues and City information.  Provides technical and administrative support to the Risk Manager.  Calculate statistical information for and prepares annual OSHA and other reports as required.
 Plan, participate in, conduct, and evaluate special projects and studies requiring coordination of activities across departmental and functional lines.  Assist citizens and City staff by responding to inquiries using independent judgment, discretion, and tact.
 Schedule, track, and coordinate Citywide safety and other employee training programs.  Other duties as assigned.

QUALIFICATIONS
Knowledge of:
 Policies, procedures, practices, and methods related to workers' compensation and liability claim processing and administration.
 Applicable Federal, State, and local laws, codes, regulations, and departmental policies, technical processes, and procedures.
 Record keeping principles and procedures.
 Modern office practices, methods, and computer equipment and applications related to the work.
 Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
 Laws, rules, regulations and codes relating to workers’ compensation  Public agency liability requirements
 Research methods and techniques
 Basic mathematical calculations and statistics and statistical methods  Principles and practices of administration and Risk Management including, but not limited to, claims, legislation, public information, budget, grants, and personnel.

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Risk Management Technician

Page 3 of 4 ends

 English usage, spelling, punctuation and grammar; and basic mathematical calculations.  Computer software, including word processing, database, spreadsheet and accounting applications.

Ability to:
 Use independent judgement in the exercise of daily responsibilities  Maintain detailed and accurate records
 Perform independent research in carrying out administrative and technical duties  Collect, compile, analyze and present a variety of data in a meaningful way  Develop and implement various data collection, reporting and filing systems  Understand, interpret and apply complex rules, regulations, and codes  Communicate clearly and concisely, both orally and in writing  Maintain confidentiality
 Organize work and meet deadlines while working independently.  Review budget submissions and revisions for mathematical and accounting accuracy.  Obtain information through interviews, handle multiple project assignments, and deal with the public professionally.
 Communicate clearly and concisely, both orally and in writing.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to an Associate of Arts degree in human resources management, business or public administration, or a related field, and two (2) years of technical human resources support experience in a public agency setting.

Licenses and Certifications:

Must possess a valid California Driver's License upon time of appointment and be insurable with the City's standard insurance rate, unless otherwise approved by appointing authority.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard, or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, Packet Page 103
Risk Management Technician

Page 4 of 4 ends

reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds with the use of proper equipment.

ENVIRONMENTAL ELEMENTS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

Condition of Employment
The City of Seaside requires all employees to provide written proof of vaccination. Those employees with sincerely held religious beliefs or valid medical reasons as determined by the City will be exempt from vaccination requirements.

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City of Seaside
April 2022
1 FINANCIAL ANALYST
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualification of incumbents within the position.

DEFINITION
Under general direction of the Assistant Finance Director, provides financial, administrative and analytical support specifically relating to, but not limited to, grants, contracts, program administration and special projects.

DISTINGUISHING CHARACTERISTICS
The Financial Analyst works under minimal direction within a framework of general guidelines, goals and objectives. This class performs complex analytical work requiring a full understanding of accounting, financial and fiscal concepts and procedures.

ESSENTIAL FUNCTIONS STATEMENTS
The following tasks are typical for positions in this classification. Any single position may not perform all of these tasks and/or may perform similar related tasks not listed here:
 Responsible for financial administration and/or coordination of grants, contracts and special programs/projects.
 Compiles financial data and prepares reports relating to grants, contracts, and programs and year-end financial reports.
 Reconcile subsidiary grant accounting ledgers to the City general ledger.  Prepares financial reports and documentation for annual external audit.  Conducts internal financial and operational audits.
 Support development and implementation of policy and procedures for tracking grant expenditures.
 Evaluate and prepare comprehensive reports and recommendations for improved departmental operations, service systems and organizational methods.  Establishes standards for the use of automated data processing applications, including databases.
 Grant budget development and forecasting.

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City of Seaside
April 2022
2  Interpret, analyze and prepare recommendations in relation to proposals for new programs, grants, and contracts.
 Prepare surveys, reports, and costing in support of labor negotiations; monitor compliance with applicable contractual agreements; prepares bids and specifications.
 Provide technical and substantive direction to staff on financial matters.  Manage and coordinate non-routine projects as assigned.  Writes letters, memoranda and reports.
 Perform other duties as assigned.

KNOWLEDGE AND ABILITIES
Knowledge of
 Principles and practices of City organization, management and grant/contract administration.
 General principles and practices of municipal government accounting and administration.
 Research techniques, analytical practices and statistical methods.  Bid solicitation and proposal process.
 Laws, ordinances and regulations affecting financial operations of a municipality.  Computer applications, including spreadsheet, database, word processing and presentation software.

Ability to
 Evaluate complex financial and operational management issues and develop solutions.
 Prepare clear and comprehensive financial analysis and reports.  Conduct financial and operational audits and propose measures to increase efficiency and effectiveness.
 Use data processing applications to complete and analyze data and present information and reports.
 Interpret and apply Federal, State, local, and grant/contract policies, procedures, laws, and regulations.
 Work cooperatively with the public, management, and employees.  Organize work, set priorities, meet deadlines, and complete assignments with minimal supervision.
 Provide technical and substantive direction to other staff members on financial matters.
 Communicate effectively, both verbally and in writing.  Use computer based information systems.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

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City of Seaside
April 2022
3 EDUCATION AND EXPERIENCE
Any combination of training and experience that is likely to provide the required knowledge and abilities would be acceptable for employment. A typical background would be:

Education
Equivalent to graduation from an accredited four year college or university with a degree in Finance, Business Administration, Economics, Accounting, or a related field.

Experience
Three years of increasingly responsible administrative or analytical experience in public finance including at least one year in a management or supervisory capacity.

SPECIAL REQUIRMENTS
Possession of a valid California Motor Vehicle Operator's license.

WORKING CONDITIONS

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

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

Condition of Employment
The City of Seaside requires all employees to provide written proof of vaccination.

Those employees with sincerely held religious beliefs or valid medical reasons as determined by the City will be exempt from vaccination requirements.

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2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023

CITY OF SEASIDE
FULL-TIME POSITION LIST (All Positions)
DRAFT Fiscal Year 2022-2023

JOB TITLE

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

OFFICE OF THE CITY MANAGER
CITY MANAGER 1 1 1 1 1 1 1
ASSISTANT CITY MANAGER - - - 1 1 1 1
ASSISTANT TO THE CITY MANAGER - ECONOMIC DEVELOPMENT 2 2 - - - 1 - COMMUNICATIONS AND PUBLIC ENGAGEMENT COORDINATOR - - - - - 1 1 EXECUTIVE ASSISTANT 1 1 1 1 - - 1
SUB TOTAL 4 4 2 3 2 4 4

CITY CLERK
PUBLIC AFFAIRS OFFICER / CITY CLERK - 1 1 - - - -
CITY CLERK 1 - - - 1 1 1
ADMINISTRATIVE ASSISTANT - - - 1 - - -
SUB TOTAL - 1 1 1 1 1 1
TOTAL CITY MANAGER 4 5 3 4 3 5 5

CITY ATTORNEY
CITY ATTORNEY 1 1 1 1 1 1 1
LEGAL ASSISTANT (UNCLASSIFIEID) - - - - - 1 1
ASSISTANT CITY ATTORNEY - - 1 - - - -
TOTAL CITY ATTORNEY - - 2 1 1 2 2

FINANCE DEPARTMENT
DEPUTY CITY MANAGER - ADMINISTRATIVE SERVICES 1 1 - - - - - FINANCE DIRECTOR - - 1 1 1 1 1

FINANCE DIVISION
ASST FINANCE DIRECTOR 1 1 1 1 1 1 1
ACCOUNTANT II 1 1 2 2 1 1 1
FINANCIAL ANALYST - - - - - - 1
PAYROLL TECHNICIAN 1 1 1 1 1 1 1
ACCOUNTING TECHNICIAN 1 2 2 2 2 2 2
SUB TOTAL 4 5 6 6 5 5 6

MANAGEMENT INFORMATION SYSTEMS
INFORMATION SVCS MGR 1 1 1 1 1 1 1
INFORMATION SVCS SPECIALIST - - 1 1 - - -
INFORMATION SVCS TECHNICIAN - 1 - - 1 1 1
GEOGRAPHICAL INFORMATION SYSTEMS COORD. - - 1 1 - - -
SUB TOTAL 1 2 3 3 2 2 2
TOTAL FINANCE DEPARTMENT 6 8 10 10 8 8 9
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2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023

JOB TITLE

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

HUMAN RESOURCES DEPARTMENT
HUMAN RESOURCES DIRECTOR / RISK MANAGER 1 1 1 1 1 1 1
HUMAN RESOURCES ANALYST - - - - - 1 1
ADMINISTRATIVE ANALYST (Shared with PD and Fire) - - - - 1 1 1 HUMAN RESOURCES SPECIALIST 1 2 2 2 1 - -
RISK MANAGEMENT TECHNICIAN - - - - - - 1
SENIOR ADMINISTRATIVE ASSISTANT - - - - - - 1
ADMINISTRATIVE ASSISTANT - - - - - 1 1
TOTAL HUMAN RESOURCES 2 3 3 3 3 4 6

POLICE DEPARTMENT
CHIEF OF POLICE 1 1 1 1 1 1 1
ADMINISTRATIVE ANALYST 1 - - - - 1 1
SENIOR ADMINISTRATIVE ASSISTANT - POLICE 1 1 1 1 1 1 1
DEPUTY CHIEF 1 1 2 2 2 1 1
COMMANDER 2 2 - - - 2 2
POLICE SERGEANT 6 7 7 7 4 5 5
POLICE CORPORAL 5 4 4 4 2 2 2
POLICE OFFICER 25 27 28 28 23 23 23
VEHICLE ABATEMENT OFFICER 1 1 1 1 1 1 1
PARKING COMPLIANCE SPECIALST - - - - - 2 2
ANIMAL CARE SPECIALIST (Title Change 21-22) 1 1 1 1 1 1 1 POLICE RECORDS SUPERVISOR - 1 1 1 1 1 1
POLICE RECORDS SPECIALIST 1 1 1 1 1 - -
COMMUNITY RESOURCES SPECIALIST (Title Change 21-22) - - 1 1 1 3 3 POLICE RECORDS TECHNICIAN 4 4 4 4 4 5 5
POLICE SERVICES SPECIALIST 1 2 2 2 2 2 2
TOTAL POLICE 50 53 54 54 44 51 51

FIRE DEPARTMENT
FIRE CHIEF 1 1 1 1 1 1 1
ADMINISTRATIVE ASSISTANT - - - - - 1 1
SENIOR ADMINISTRATIVE ASSISTANT - 1 1 1 - - -
DIVISION CHIEF 3 3 3 3 3 3 3
FIRE CAPTAIN 6 6 6 6 6 6 6
FIRE ENGINEER 6 6 6 6 6 6 6
FIREFIGHTER (+3 SAFER Grant 15/16) 9 9 11 11 10 10 10
TOTAL FIRE 1over hire by 2 to be eliminated through attrition 26 25 28 28 26 27 27 Packet Page 109
2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023

JOB TITLE

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

COMMUNITY, HOUSING, AND DEVELOPMENT DEPARTMENT
ASSISTANT CITY MANAGER - - 1 1 1 1 1
ECONOMIC DEVELOPMENT AND COMMUNITY PLANNING MANAGER - - - - - - 1 HOUSING PROGRAMS MANAGER - - 1 1 1 1 1
ADMINISTRATIVE ASSISTANT (HOUSING) - - - - - 1 1
ADMINISTRATIVE ANALYST II (ESCA) (20-21 position and classification change from unclassified) - - - - 2 2 2
ADMINISTRATIVE ANALYST II - 1 1 1 1 1 2
ADMINISTRATIVE ANALYST 1 - - - - - -
SENIOR PLANNER 1 1 1 1 - 1 1
ASSOCIATE PLANNER 1 2 2 2 2 1 1
ASSISTANT PLANNER - - - - - 1 1
TOTAL COMMUNITY, HOUSING, AND ECONOMIC DEVELOPMENT DEPT 3 4 5 5 6 8 10

BUILDING DEPARTMENT
CHIEF BUILDING OFFICIAL - - 1 1 1 1 1
BUILDING OFFICIAL 1 1 - - - - -
SENIOR ADMINISTRATIVE ASSISTANT (1 to be shared 40% with City Council) 1 1 1 1 3 3 3
BUILDING INSPECTOR - 1 1 1 1 2 2
CODE COMPLIANCE COORDINATOR - - - - - 1 1
CODE COMPLIANCE SPECIALIST (Title Change 21-22) 1 1 1 1 1 1 1 ADMINISTRATIVE ASSISTANT - - - - - - 1
TOTAL BUILDING 3 4 4 4 6 8 9

PUBLIC WORKS

ENGINEERING / ADMIN
PUBLIC WORKS DIRECTOR / CITY ENGINEER - - 1 1 1 1 1
PUBLIC WORKS SERVICES MANAGER / CITY ENGINEER 1 1 - - - - - SENIOR ADMINISTRATIVE ASSISTANT - 1 1 1 1 1 1
SENIOR CIVIL ENGINEER - 1 1 1 1 2 2
ASSOCIATE CIVIL ENGINEER - 1 1 1 1 2 2
ASSISTANT ENGINEER 2 1 1 1 1 1 1
JUNIOR ENGINEER - 1 1 1 1 1 1
ADMINISTRATIVE ANALYST II - - - - - - 1
SUB TOTAL 3 6 6 6 6 8 9

MAINTENANCE
MAINTENANCE AND UTILITIES SUPERINTENDENT 1 1 1 1 1 1 1
ADMINISTRATIVE ANALYST II - - - 1 1 1 1
ACCOUNTING TECHNICIAN - 1 1 - - - -
ADMINISTRATIVE ASSISTANT - - - - - - 1
MAINTENANCE FIELD SUPERVISOR 1 1 1 1 - - 1
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2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023

JOB TITLE

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS
UTILITIES FIELD SUPERVISOR - 1 1 1 1 1 1
SENIOR MAINTENANCE & UTILITIES WORKER (*1) - 4 4 4 4 4 4 MAINTENANCE & UTILTIES WORKER III (*1) - 3 3 3 2 3 3
MAINTENANCE & UTILTIES WORKER II - 1 1 1 3 3 6

MAINTENANCE & UTILTIES WORKER I - - - - - - -
PUBLIC WORKS MAINTENANCE SPECIALIST 3 - - - - - -
PUBLIC WORKS MAINTENANCE WORKER I 1 - - - - - -
PUBLIC WORKS MAINTENANCE WORKER II 2 - - - - - -
BUILDING MAINTENANCE SPECIALIST 3 4 4 4 3 3 4
CUSTODIAN 1 - - - - - 1
ELECTRICIAN 1 1 1 1 1 1 1
STREET SWEEPER OPERATOR 1 1 1 1 1 1 1
SUB TOTAL 14 18 18 18 17 18 25
WATER
SENIOR MAINTENANCE & UTILITIES WORKER* 1 1 1 1 1 1 1
MAINTENANCE & UTILTIES WORKER III* - 1 1 1 1 1 1
MAINTENANCE & UTILTIES WORKER II - 1 1 1 - - -
WATER SYSTEMS WORKER I 1 - - - - - -
SUB TOTAL 2 3 3 3 2 2 2
PARKS
SENIOR MAINTENANCE & UTILITIES WORKER - 1 1 1 1 1 1
MAINTENANCE & UTILTIES WORKER III - 2 2 2 - 1 1
MAINTENANCE & UTILTIES WORKER II - 5 5 5 3 6 6
PARKS MAINTENANCE CREW CHIEF 1 - - - - - -
PARKS IRRIGATION SPECIALIST 1 1 1 1 1 1 1
PARKS MAINTENANCE WORKER I 5 - - - - - -
PARKS MAINTENANCE WORKER II 1 - - - - - -
SUB TOTAL 8 9 9 9 5 9 9

VEHICLE MAINTENANCE
MECHANIC 2 2 2 2 2 2 2
SUB TOTAL 2 2 2 2 2 2 2
*currently being underfilled by a lower job class
TOTAL PUBLIC WORKS 29 38 38 38 32 39 47

RECREATION & COMMUNITY SERVICES
RECREATION DIRECTOR 1 1 1 1 1 1 1
RECREATION SUPERINTENDENT 1 1 1 - - - -
RECREATION PROGRAM COORDINATOR 1 1 1 - - - 2
RECREATION PROGRAMS SUPERVISOR - - - 2 1 2 1
ADMINISTRATIVE ASSISTANT - - - - - - 1
SENIOR FACILITY ATTENDANT - 1 1 1 1 1 1
YOUTH CENTER SUPERVISOR 1 1 1 - - - 1
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2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023

JOB TITLE

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS

NUMBER OF

POSITIONS
SUB TOTAL 4 5 5 4 3 4 7

YOUTH RESOURCE CENTER
FAMILY AND COMMUNITY SUPPORT PRACTITIONER - - - - 1 1 1 YOUTH RESOURCE CENTER ACTIVITY COORDINATOR 1 1 1 1 1 1 1 FAMILY AND COMMUNITY SUPPORT TECHNICIAN - - - - - 2 2
SUB TOTAL 1 1 1 1 2 4 4
TOTAL RECREATION 5 6 6 5 5 8 11
TOTAL ALLOCATED POSITIONS 127 147 153 152 134 160 177
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dan Meewis, Recreation Director
Rosa Salcedo, Executive Assistant
DATE: April 7, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF

CANYON DEL REY BOULEVARD FOR THE CITY OF SEASIDE'S
RED, WHITE, AND BLUES EVENT ON JULY 4, 2022

RECOMMENDATION
Adopt a resolution authorizing the closure of Canyon Del Rey Boulevard for the City of Seaside's community event on July 4, 2022.

BACKGROUND
The City of Seaside will be holding the 4th Annual Red, White, and Blues Event on Monday, July 4, 2022, on the lawn at City Hall. This event will need to utilize Canyon Del Rey for the activities of the event. The closure of Canyone Del Rey will greatly enhance the event and will allow for greater safety for participants and staff. This year's event will feature live music, bounce houses, a variety of carnival games, local food and craft vendors, and other activities for families.

FISCAL IMPACT

ATTACHMENTS

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

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Item No. 8.J. Page 2 of 2
__________________________________
Roberta Greathouse, Acting City Manager
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE CLOSURE OF HIGHWAY 218 (CANYON DEL REY),

HARCOURT AVENUE, ALLSTON STREET AND HILLSDALE AVENUE TO THROUGH TRAFFIC ON JULY 4, 2022
WHEREAS, the City of Seaside sponsors the Community Event “Red, White & Blues” on July 4, 2022, on the lawn at Seaside City Hall that is open to the public; and WHEREAS, it is necessary to close Highway 218 (Canyon Del Rey), Harcourt Avenue, Hillsdale Street, and Allston Street to through traffic between the hours of 10:00 a.m. and 11:00 p.m. on July 4, 2022, to insure the safety of the public and staff; and WHEREAS, the California Department of Transportation requires a City Council resolution approving closure of state highways and city roadways.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approves the closure of Highway 218 (Canyon Del Rey) from Hilby Avenue to Sonoma Avenue; Harcourt Avenue from Canyon Del Rey to Hillsdale Street; Allston Street and Hillsdale Street at Harcourt Avenue, between the hours of 10:00 a.m. and 11:00 p.m. on July 4, 2022, to ensure the safety of the public using this portion of roadway during this event.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of April 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Beth Rocha, Senior Planner
DATE: April 7, 2022
SUBJECT: SECOND READING OF AN ORDINANCE REPEALING AND
AMENDING CHAPTER 17.52, SECTION 17.52.230
(RESIDENTIAL SECOND UNITS) OF THE SEASIDE MUNICIPAL

CODE TO ESTABLISH REGULATIONS FOR ACCESSORY
DWELLING UNITS. THIS PROJECT IS CATEGORICALLY EXEMPT
SECTION 15061(B)(3) FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) (SECOND READING -

ROLL CALL VOTE)

RECOMMENDATION
Pass and adopt an ordinance of the City of Seaside repealing and amending section

17.52.230 of the Seaside Municipal Code to establish an ordinance for Accessory Dwelling Units.

BACKGROUND
The City has an ordinance on residential second units, otherwise known as Accessory Dwelling Units (ADUs).

Due to a change in State law regarding ADUs and Junior Accessory Dwelling Units (JADUs), the City’s current ordinance has been rendered invalid.

The California Legislature adopted a group of housing bills aimed at addressing the housing crisis. In adopting these new regulations, the State Legislature determined that housing is a matter of statewide concern, rather than a municipal affair.

As State ADU laws preempt local ordinances and cities must implement these laws with limited exceptions, Seaside’s existing ordinance is unenforceable under State law. As a result, staff has been applying the state’s requirements to all ADU applications.

Packet Page 116

Item No. 9.A. Page 2 of 2
Repealing and amending Section 17.52.230 of the Seaside Municipal Code, would bring the City’s ordinance into compliance with State law, and allow the council to establish the criteria for the height and size of both attached and detached ADUs.

Public Hearings
On December 8, 2021, staff presented the draft ordinance for review and discussion to the Planning Commission.

At a meeting of the City Council on December 16, 2021, staff presented the draft ordinance for review and discussion. At issue was state ADU law or local regulation of ADUs and maintaining a built environment consistent with the needs of Seaside.

On January 12, 2022, the Planning Commission held a public hearing to review the draft ordinance (Chapter 17.52.230) and unanimously recommended approval of a resolution recommending the Council adopt the draft ordinance amendments in accordance with Seaside Municipal Code section 17.74.040.

On March 17, 2022, the City Council conducted a hearing regarding the introduction of the draft ordinance. The vote in favor of the Introduction was four (4) Ayes and one (1) Nay.

FISCAL IMPACT
None.

ATTACHMENTS

1. Attachment 1: ADU Draft Ordinance
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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1 ORDINANCE NO. _________

AN ORDINANCE OF THE CITY OF SEASIDE REPEALING AND AMENDING SECTION 17.52.230 OF THE SEASIDE MUNICIPAL CODE REGARDING

ACCESSORY DWELLING UNITS
WHEREAS, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are a form of housing in the State of California and in the City of Seaside (City); and
WHEREAS, the City has regulated ADUs as “Residential Second units” since 1983 and historically as “Accessory Residential Units” as also set forth in the Seaside Municipal Code (SMC) Chapter 17.52.230; and
WHEREAS, the California State Legislature has brought forth several bills relating to the planning and permitting of ADUs and JADUs; and
WHEREAS, In October 2019, Governor Newsom signed into law Assembly Bill (AB) 881, and Senate Bill (SB) 13 amending California Government Code section 65852.2, related to ADUs; and
WHEREAS, the new laws took effect on January 1, 2020, and contain a clause providing that a local government’s ordinance that does not comply with all provisions of the State law shall become null and void; and
WHEREAS, the new standards will facilitate the development of ADUs and JADUs within the City, and are necessary for maintaining orderly growth and development patterns; and
WHEREAS, the City has determined that it is appropriate to repeal and reenact SMC Section 17.52.230 to comply with State law and to provide a more streamlined process for the development of ADUs and JADUs in an effort to provide additional affordable housing opportunities; and
WHEREAS, this Ordinance repeals and reenacts SMC Section 17.52.230, entitled “Residential Second Units”; and
WHEREAS, in the enactment of this Ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq.; and
WHEREAS, repeal and amendment of SMC Section 17.52.230 pertaining to ADUs is statutorily exempt from review under the California Environmental Quality Act (CEQA) per Section 15282(h) of the CEQA Guidelines as it implements Government Code Sections 65852.1 and 65852.2 as set forth in Section 21080.17 of the Public Resources Code.

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2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEASIDE:

SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.

SECTION 2. Seaside Municipal Code Section 17.52.230 is hereby repealed, and amended to read as follows:

17.52.230 Residential Second Units Accessory Dwelling Units Sections:

A. Purpose and intent.

B. Definitions.

C. Locations permitted.

D. Effect of nonconforming.

E. ADU and JADU design standards.

F. Legal use requirements.

G. Off-street parking requirements.

H. Processing.

I. Contents of applications.

A. Applicability. Residential second units shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards) and Government Code Section 65852.2. An application for a second unit that complies with the standards of this section shall be approved ministerially, without discretionary review or a public hearing.

A. Purpose and intent. The purpose of this Chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22, as may be amended.

B. Limitation on number of units. No more than one second unit shall be approved on a single parcel.

B. Definitions. As used in this section, terms are defined as follows:
“Accessory dwelling unit” or “ADU” means an attached or a detached residential Packet Page 119
3 dwelling unit located on a parcel with a proposed or existing primary residence or existing multifamily dwelling that provides a complete independent living facility containing separate kitchen, bath, sleeping, or living facilities. The term “attached accessory dwelling unit” means an accessory dwelling unit that is structurally attached to the main residence but which has independent, direct access from the exterior. The term “detached accessory dwelling unit” means an accessory dwelling unit that is not structurally attached to the main residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code, as may be amended; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code, as may be amended.

3. "Accessory structure" means a building or structure that is incidental to that of the main building on the same parcel.
"Complete independent living facilities" means permanent provisions for cooking, eating, sleeping living, and sanitation on the same parcel as the single-family or multifamily dwelling is, or will be, situated.
"Efficiency kitchen" means a kitchen that includes each of the following:

1. A cooking facility with appliances. Appliances shall mean a range, or the combination of an oven and a cooktop with a minimum of two burners;

2. A sink that facilitates hot and cold water;

3. A food preparation counter or counters that are adequate for the size of the unit;

4. Food storage cabinets adequate for the size of the unit. "Junior accessory dwelling unit" or "JADU" means a residential unit that:

1. Is no more than 500 square feet in size;

2. Is contained entirely within an existing or proposed single-family structure;

3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

4. Includes an efficiency kitchen, as defined in this Chapter.

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4 "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any other accessory structure, other than ADUs and JADUs.
"Multi-family residential ADU" means an ADU designed for one family and allowed under Government Code Section 65852.2(e)(1)(C), as referenced in this chapter. "Multi-family ADU" means:

1. ADUs established within the portions of multifamily structures not previously used as livable space, not exceeding 25 percent of the existing multifamily structures.

2. Detached single family ADUs on a lot that has existing multifamily dwellings being subject to height limits of 16 feet and 4-foot rear and side yard setbacks.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one exterior entrance of the ADU or JADU.
"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, any fixed-route bus stop or other transit stop with transportation that runs on fixed routes, and is available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a parcel, lined up behind one another. “Tract housing” is a type of housing development in which multiple similar houses are built on a tract (area) that is subdivided into smaller lots.” C. Minimum site area. A parcel proposed for a second unit shall be a minimum of Packet Page 121
5 6,000 square feet.

C. Locations Permitted. Accessory dwelling units are permitted on parcels of any size in conjunction with a proposed or existing residential use in any zone that allows residential uses.

D. Relationship to primary use.

1. Size, style. A second unit shall be incidental and subordinate to the primary single-family residential use of the site in terms of size, location, and appearance, and shall not alter the character of the primary structure. The architectural style, exterior materials, and colors of the second unit shall be compatible with the primary dwelling unit.

2. Timing of construction. A second unit may be constructed simultaneously with or after the primary dwelling. In addition, an existing dwelling that complies with the design standards for second units in Subsection E of this section may be considered a second unit, and a new primary unit may be constructed which would then be considered the primary dwelling unit.

D. Effect of Conforming. An ADU or JADU that conforms to the requirements in this section shall not be:

1. Deemed to be inconsistent with the General Plan and zoning designation for the parcel on which the ADU or JADU is located;

2. Deemed to exceed the allowable density for the parcel on which the ADU or JADU is located;

3. Considered in the application of any ordinance, policy, or program to limit residential growth; or

4. Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. .

E. ADU and JADU Second unit design standards. A second unit ADUs and JADUs shall comply with the following standards:

1. Maximum Number. Only one ADU and one JADU shall be allowed on each lot or parcel with a zoning designation of single-family residential. Multifamily ADUs shall Packet Page 122
6 comply with Government Code Section 65852.2.

2. 1. Height limit. A second unit shall be limited to 18 feet and one story. A second unit located over a garage may be allowed a maximum height of 22 feet with Minor Use Permit approval.
a. A detached ADU, accessory to a single-family dwelling, shall be limited to one story and shall not exceed a maximum overall height of sixteen feet (16’) to the highest ridgeline.
b. An attached ADU, accessory to a single-family dwelling, shall have the same height limitations that apply to the main dwelling.
c. A detached ADU, accessory to a duplex or multifamily, shall be limited to one story and shall not exceed a maximum overall height of sixteen feet (16’) to the highest ridgeline.
d. An attached ADU, accessory to a duplex or multifamily, shall be limited to a conversion of existing non-livable space and must maintain existing height. e. An ADU located over a garage may be allowed to exceed the height limitations of sixteen feet (16’) to a maximum height of twenty-two feet (22’) with Minor Use Permit approval.

3. 2. Setbacks. ADUs and JADUs An attached second unit shall comply with the setback requirements of the primary dwelling for the applicable zone. A detached second unit shall comply with the setback requirements of detached accessory structures under Subsection 17.52.220.E (Setback requirements). No second unit may be permitted above a detached garage unless the unit complies with the following setback standards:
a. The second unit shall maintain a minimum 10-foot setback from a side and rear property line.
a. Site planning. A detached ADU shall be located behind the rear building line of the primary residence, and be clearly subordinate by location and size. This requirement shall not prevent the establishment of an ADU that Packet Page 123
7 would otherwise comply with all other provisions of this section. b. Rear and/or side setbacks. A minimum of four feet (4’) shall be required. c. Building separation. A minimum building separation of six feet (6’) shall be maintained (wall to wall) between the primary residence and a detached ADU. d. Fire-resistance. Exterior walls shall comply with the minimum fire-resistance ratings in relation to proximity to property lines, and building separation distance, as required by the California Building Code, and/or California Residential Code, in effect when a completed permit application has been submitted the City.
e. Existing Garage. No setback shall be required for an existing, legal, attached or detached garage and/or other existing structure that is converted to an ADU or JADU.

4. 3. Maximum floor area.
a. The floor area of a second unit newly constructed detached ADU shall not exceed 800 square feet for a studio, or one-bedroom, and 1000 square feet for units with two bedrooms. No more than two bedrooms are allowed. In no case shall a detached ADU exceed 40 percent of the floor area of the living area of the primary dwelling., whichever is less. or less 40 percent of the floor area of the living area of the primary dwelling, whichever is less b. For purposes of computing the floor area of a second unit that is detached from the primary unit, all enclosed areas accessed from within the second unit shall be included.
b. The floor area of an newly constructed attached ADU shall not exceed 800 square feet for a studio, or one-bedroom, and 1000 square feet for units with two bedrooms. No more than two bedrooms are allowed. In no case shall an attached ADU exceed 50% of the floor area of the proposed or existing singlefamily dwelling.

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8 c. An on-site enclosed storage area, or garage of up to 400 square feet, shall not be included when calculating the floor area of the second unit; provided, that no internal doorway or passage connects the storage or garage and the second unit.
c. The floor area of a JADU shall be a maximum of 500 square feet, and shall be contained within a proposed, existing single-family dwelling, or converted garage, carport or patio.
d. The conversion of an existing detached accessory structure to an ADU shall not be subject to the floor area square footage requirements of this section, except that no such conversion shall exceed 1200 square feet. e. The floor area for multifamily ADUs shall comply with Government Code Section 65852.2.

5. 4. Separate entrance required. An attached second unit shall have an entrance separate from the entrance to the primary dwelling. An ADU and JADU shall provide a separate exterior access from the existing primary residence. Entry doors cannot be on the same facade as the entry door of the primary residence, unless this requirement prevents creation of the accessory dwelling unit.

6. 5. Window placement. A second unit that is placed 20 feet or less from a residential unit on the same parcel or an adjacent parcel shall not have windows that directly face windows in the other unit. A second unit that is two stories or located over a garage shall not have windows or balconies that directly face a neighboring yard. This limitation applies only to side yards, not to windows or balconies facing alleys. Windows facing an adjoining residential property shall be designed to protect the privacy of neighbors; alternatively, fencing or landscaping may be required to provide screening.

6. Site coverage. Total site coverage by structures and impervious surfaces shall not exceed 50 percent of the net site area or the maximum coverage allowed by the applicable zone, whichever is less. This requirement shall not prevent the establishment of an ADU that would otherwise comply with all other provisions of this section.

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9 7. Addressing. ADUs or JADUs constructed or established on the same parcel or lot as an existing or proposed single-family dwelling shall be distinguished by utilizing the same address numbers as the primary dwelling followed by the letter “B”, then “C”, and so forth. This requirement shall not prevent the establishment of an ADU that would otherwise comply with all other provisions of this section.

8. Exterior. ADUs or JADUs proposed in Master Planned Communities, areas regulated by Specific Plans, and any tract housing that obtained approval by the Board of Architectural Review shall substantially conform to the originally approved design elements, such as building materials, architectural style, roof pitch, height, scale, exterior colors and finishes. This requirement shall not prevent the establishment of an ADU that would otherwise comply with all other provisions of this section.

9. Vehicular Door. A garage converted to an accessory dwelling unit shall include removal of garage door(s), which shall be replaced with architectural features, including walls, doors, windows, trim, and accent details. This requirement shall not prevent the establishment of an ADU that would otherwise comply with all other provisions of this section.

10. Lighting Restrictions. Any lighting associated with an ADU or JADU shall be shielded or down-lit and shall not shine onto adjoining properties, while meeting the minimum building code. This requirement shall not prevent the establishment of an ADU that would otherwise comply with all other provisions of this section.

11. Landscaping. No less than 20 percent of the lot shall be landscaped. All areas of the site that are not utilized for buildings, patios, parking, pedestrian or vehicular access shall be landscaped and provided with a permanent irrigation system. The front yard shall be landscaped, exclusive of walkways and driveways. As site conditions allow, and concurrent with each newly established ADU or JADU, a minimum of one (1) tree of not less than (5) gallon size stock, shall be planted upon the same parcel or lot as the ADU or JADU. Upon request, the Zoning Administrator Packet Page 126
10 shall provide property owners with a pre-approved list of acceptable tree species. The removal or loss of any tree in conjunction with an ADU or JADU shall be replaced with three (3) or more trees of the same species using at least (5) gallon size stock, as determined by the Zoning Administrator, and comply with the requirements of Chapter 8.54.040. All required yards and setback areas shall be attractively landscaped primarily with drought tolerant and native plant materials. This requirement shall not prevent the establishment of an ADU that would otherwise comply with all other provisions of this section.

12. Private Open Space/Patios and Decks. Each ADU or JADU shall have a deck or a patio, directly adjoining individual units. The minimum private open space required for each unit shall be no less than 96 square feet with a minimum width of six feet (6’) for a deck/patio and eight feet (8’) for landscaped area. This requirement shall not prevent the establishment of an ADU that would otherwise comply with all other provisions of this section.

F. Use requirements. ADUs and JADUs shall comply with the following:

1. Short-term rental prohibited. Any rental term of an ADU or JADU that was legally created on or after January 1, 2017 shall be longer than 30 days.

2. Sale of units. The accessory dwelling unit may not be sold separately from the existing single-family home or multifamily dwelling.

3. Driveway. A new driveway approach or curb cut, if needed, for an ADU or JADU, may require a separate encroachment permit from the Engineering Dept.

G. F. Off-street parking requirements. At least one off-street paved parking space shall be provided for an accessory dwelling unit, and may be located within the required interior side or rear property setback areas, or as tandem parking in compliance with Chapter 17.34 (Off-Street Parking), unless one or more of the following conditions apply:
in addition to the parking required for the primary dwelling by Chapter 17.34 (Parking and Loading). The parking space shall comply with the location and design requirements of Chapter 17.34, except that off-street parking spaces designated for Packet Page 127
11 residential second units may be located within the required interior side or rear property setback areas or in a tandem parking configuration in compliance with Chapter 17.34 (Off-Street Parking).

1. ADU is located within one-half mile walking distance of public transit.

2. The accessory dwelling unit is located within an architecturally and historically significant historic district.

3. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

5. When there is a car share vehicle located within one block of the accessory dwelling unit.

6. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, those off- street parking spaces are not required to be replaced.

H. Processing. The City shall provide an approval or denial of ADU and/or JADU applications within (60) sixty-days from the date such application is deemed complete.

The City shall deem ADU applications complete that include all of the information and materials required in the application submittal checklist, comply with the provisions of this chapter, and include full payment of applicable review fees. Complete applications shall be considered ministerial, without discretionary review or a hearing, unless:

1. The applicant requests a processing delay, in which case the (60) sixty-day time period is tolled for the period of the requested delay; or

2. The permit application for an ADU or JADU is submitted along with a permit application to create a new primary dwelling on the same parcel or lot, the City may delay acting on the ADU or JADU application until the City permits the new primary dwelling.

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12 I. Contents of Applications. An ADU and/or JADU application shall include the following:

1. Completed Residential Building Permit Application;

2. Completed Monterey Peninsula Water Management District (MPWMD) residential water release form and permit application.

3. Plan Set - Signed and Dated (If Required). A Single PDF file containing all plan sheets, 24”x 36” minimum size, to include:
a. COVER SHEET: Project address; assessor parcel number; legal property owner’s name, address, phone Number; plan preparer’s title and license number (If Applicable), address, phone number; scope of work identifying all work proposed, clearly showing existing and proposed work and descriptions; applicable CA codes and regulations, California Building or Residential Code, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building Codes and City of Seaside Municipal Code; project data, property type, type of construction, occupancy classification, square footage of existing/remodeled/new proposed structure(s) and addition(s), overall building height, fire sprinkler (Yes / No), number of stories; sheet index; deferred submittal list – trusses, sprinklers, etc. (If Applicable); special inspections noted (If Required); b. SITE PLAN: North arrow; scale; setbacks; lot dimensions; property boundaries; street names; new and existing structures; building footprint and roofline with all projections dimensioned to property lines; gates; walls; fences; driveways; walks; easements; utilities; meter locations; Cal Green Mandatory Measures Checklist legibly reproduced on the plans; site improvements, including grading, drainage, and landscape irrigation;
c. DEMOLITION PLAN (if Applicable): Showing any existing structure(s), or portion(s) of a structure to be removed with floor plan(s) and framing details; d. FLOOR PLAN (Existing/Proposed): Drawn to scale, dimensioned, rooms labeled, doors and window types, sizes, schedules; framing details; e. EXTERIOR ELEVATIONS: All sides of the exterior of the building; existing & proposed exterior wall finishes and special finishes; roof materials and roof pitches; door, window, skylight, and other openings, locations, materials, and configurations; vertical dimensions showing the height of structure(s) and Packet Page 129
13 heights of finished floors; locations and extent of shear walls, let-in bracing, or other methods of shear transfer;
f. FOUNDATION PLAN: Detailed and dimensioned, slabs and foundations for garages, patios, breezeways, driveways, walks; footings, piers, slabs, grade beams, retaining walls (sizes and locations); hold-downs, connections of new foundations to existing foundations; any special construction required by structure, site conditions, or expansive soils; required compressive strength of concrete; crawl access openings and screened vents under raised wood floors; North arrow;
g. ROOF FRAMING PLAN: Size and spacing of beams, rafters, headers, trusses, roof openings; layout of roof sheathing; nailing; North arrow; h. STRUCTURAL CALCULATIONS: Signed and dated; CRC Braced Walls or CBC Shear Walls; schedule (If Modified); Soils Report (If Applicable), signed and dated;
i. PLUMBING, MECHANICAL, ELECTRICAL PLANS: Location of new or existing mechanical equipment serving the added or altered area; electrical plan with receptacles, lighting and panel schedule (If Modified); gas line diagram and calculations (If Modified); Energy Certificate of Compliance Forms reproduced on plan sheets; and
j. MPUSD (Monterey Peninsula Unified School District): Release for any payment of school district fees.

SECTION 3.

The City Manager is directed to execute all documents and to perform all other necessary City acts to implement effect this Ordinance.

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 severable.

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14 B. The City Council hereby declares that it would have each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, 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 at a regular meeting of the City Council of the City of Seaside duly held on the 17th day of March 2022 and passed to print.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of April 2022 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

Ian N. Oglesby, Mayor
ATTEST:

Dominique L. Davis, City Clerk
APPROVED AS TO FORM:

Sheri L. Damon,
City Attorney
Packet Page 131

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nick Borges, Acting Police Chief
DATE: April 7, 2022
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SEASIDE ADOPTING A MILITARY EQUIPMENT USE POLICY IN
ACCORDANCE WITH AB 481 LAW ENFORCEMENT AND STATE
AGENCIES: MILITARY EQUIPMENT: FUNDING, ACQUISITION,
AND USE (FIRST READING – ROLL-CALL VOTE)

RECOMMENDATION
First reading of the proposed ordinance regarding the police department's acquisition and use of military equipment in accordance with State law (AB 481); and approve the military use policy.

BACKGROUND
On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law.

Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481. The text of AB 481 and the above-mentioned California Government Codes are attached to this Staff Report for reference.

AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The governing body for the City of Seaside is the City Council. The bill allows the City Council to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.

AB 481 requires the City Council to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Packet Page 132

Item No. 9.B. Page 2 of 2
Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval.

California Government Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. While the Seaside Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use, it does possess some types of equipment that are listed in Section 7070. Additionally, the Seaside Police Department participates in a regional S.W.A.T. team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to the Government Code.

In order to comply with AB 481 and the California Government Code, Staff is recommending that the City Council review and introduce a new ordinance and approve the Police Department Military Use Policy.

FISCAL IMPACT
Adoption of this ordinance and policy have no fiscal impact.

ATTACHMENTS

1. AB 481

2. AB 481 Military Equipment Policy

3. Ord AB 481
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 133
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing

92 Packet Page 134
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c)  Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
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(d)  Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e)  The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3)  High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4)  Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6)  Weaponized aircraft, vessels, or vehicles of any kind. (7)  Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
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or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8)  Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9)  Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10)  Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)  Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12)  “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13)  Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14)  The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3)  The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6)  The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
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authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7)  For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manufacturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through any means not provided by this paragraph.
(2)  No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
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the military equipment until it receives the approval of the governing body in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
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to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns received concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
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(4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through any means not provided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1)  Publish the military equipment use policy on the agency’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
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result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
92 — 9 — Ch. 406
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Policy
710
Seaside Police Department
Policy Manual
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The City Council of The City of Seaside.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature.

This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

The above items in bold are the current recognized specialized "military equipment" purchased and used by the Seaside Police Department.

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Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Military Equipment - 2 710.2 POLICY
It is the policy of the Seaside Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. It is also the policy of the Seaside Police Department that there are legally enforceable safeguards, including transparency, oversight and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

The acquisitions of military equipment and its deployment in our communities may impact the public's safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Policewill designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council..
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Seaside Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department Packet Page 144
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Military Equipment - 3 See attachment: SSPD AB 481 List.pdf
See attachment: MPRSRU AB 481.pdf
See attachment: MPRSRU 2 AB 481.pdf
See attachment: MPRSRU 3 AB 481.pdf
See attachment: MPRSRU 4 AB 481.pdf
See attachment: MPRSRU 5 AB 481.pdf
See attachment: MPRSRU 6 AB 481.pdf
710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions providing aid to Seaside PD shall comply with their respective military equipment use policies. Seaside PD is a participating member of the Packet Page 145
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Military Equipment - 4 Monterey Peninsula Regional Special Response Unit (MPRSRU) in collaboration with other law enforcement agencies on the Monterey Peninsula. MPRSRU provides capabilities to address specific law enforcement issues, such as active shooter incidents, hostage situations, barricaded subject incidents, etc. Seaside PD also collaborates and works with the Monterey County Sheriff's Department and other local, state and federal law enforcement agencies that may provide aid to Seaside PD. Military equipment owned by other jurisdictions that may be used by MPRSRU inside the City of Seaside's jurisdiction is listed in the above attachments of the Military Equipment Inventory. Seaside PD is authorized to use that military equipment in connection with MPRSRU activities/responses.
710.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 710.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

A complaint, concern or question related to Military Equipment utilization by the Seaside Police Department can be made through any of the below listed methods:

Email: [email protected]
Web: http://www.ci.seaside.ca.us/Faq.aspx?QID=172
By phone: (831) 899-6748
By mail: Seaside Police Department; Attn: Military Equipment Use Coordinator; 440 Harcourt Ave Seaside, CA 93955
Packet Page 146
Policy Manual
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Attachments - 5 Attachments
Packet Page 147
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** SSPD AB 481 List.pdf - 6 SSPD AB 481 List.pdf
SSPD AB 481 List.pdf
Packet Page 148
Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicles California Government Code § 7070(c)(1)
Type Unmanned Aerial Vehicle
Description Remotely piloted, unmanned aerial vehicle.

Quantity 1
Expended Lifespan 5 years
Manufacturer
Description
The Mavic Pro Platinum features a sleek design and compact body that is both powerful and alluring. A new and improved 30-minute flight time coupled with 60% noise power reduction makes the Mavic Pro Platinum DJI’s best portable drone yet.

Purpose and
Authorized Uses
Vehicles are capable of being remotely piloted to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Fiscal Impact $1,200.00 each.

Legal and Procedural
Rules
49 USC §§ 40102, 40125, 14 CFR 91.113, FAA Certificate of Authorization 2019-WSA-5762- COA
Required Training Initial 4 hours of pilot training, plus 48 hours of training per year.

Compliance
Mechanisms
49 USC §§ 40102, 40125, 14 CFR 91.113, FAA Certificate of Authorization 2019-WSA-5762- COA
Packet Page 149
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Semi-Automatic Patrol Rifle
Description Colt M4 rifle.

Quantity 30
Expended Lifespan 10 years
Manufacturer
Description
The Colt M4 Carbine is a Gas Operated Semi-Auto rifle, chambered in 223 Remington/5.56 NATO
Purpose and
Authorized Uses
The Colt M4 Carbine enables officers when in compliance with the Seaside Police Department Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow an officer a precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.

Fiscal Impact $1,200.00 each.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 312.

Required Training Sworn members utilizing the Colt M4 Carbine are trained is their use by CA POST certified firearms instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 312.

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Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Semi-Automatic Patrol Rifle
Description Colt AR-15 A3 rifle.

Quantity 3
Expended Lifespan 10 years
Manufacturer
Description
The Colt AR-15 A3 rifle is a gas operated, semi-automatic rifle, chambered in 223 Remington/5.56 NATO
Purpose and
Authorized Uses
The Colt AR-15 A3 rifle enables officers when in compliance with the Seaside Police Department Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow an officer a precision shot placement minimizing the risk to officers and innocent citizens.

There are no known alternatives to these weapons that will provide the same level of distance and precision.

Fiscal Impact $1,200.00 each.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 312.

Required Training California Peace Officer Standards And Training Commission 16-hour patrol rifle course, plus yearly qualification and in-service training.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 312.

Packet Page 151
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Semi-Automatic Patrol Rifle
Description Stag Arms STAG-15
Quantity 2
Expended Lifespan 10 years
Manufacturer
Description
The Stag Arms STAG-15rifle is a gas operated, semi-automatic rifle, chambered in 223 Remington/5.56 NATO
Purpose and
Authorized Uses
The Stag Arms STAG-15 rifle enables officers when in compliance with the Seaside Police Department Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow an officer a precision shot placement minimizing the risk to officers and innocent citizens.

There are no known alternatives to these weapons that will provide the same level of distance and precision.

Fiscal Impact $0.00
Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 312.

Required Training California Peace Officer Standards And Training Commission 16-hour patrol rifle course, plus yearly qualification and in-service training.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 312.

Packet Page 152
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Ammunition for AR-15/M4 rifles.

Description SpeerLE Law Enforcement Gold Dot
Quantity 15,600
Expended Lifespan 1 years
Manufacturer
Description
Speer® Gold Dot® ammunition’s reliability has made it the No. 1 choice for law enforcement, and we offer the same performance for self-defense rifle applications. Gold Dot rifle is engineered to provide industry-leading performance in FBI protocol testing through barrels less than 16 inches long. Its bullets are built using Speer’s exclusive Uni-Cor® method. The jacket is bonded to the core one atom at a time, virtually eliminating core-jacket separation and creating a projectile that’s accurate, tough and consistent through all common barriers.

Purpose and
Authorized Uses
To project a force against a selected target to have an effect and stop the threat when other reasonable options are not viable. A verbal warning should precede its application.

Fiscal Impact $292.00 per case.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 312.

Required Training California Peace Officer Standards And Training Commission 16-hour patrol rifle course, plus yearly qualification and in-service training.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 312.

Packet Page 153
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Less Lethal Shotgun
Description Remington 870 Less Lethal Shotgun with orange stock and fore-end.

Quantity 4
Expended Lifespan 25 years
Manufacturer
Description
The Remington Model 870 Pump Shotgun is a reliable 12-gauge with double-action bars for smooth pump operation. A steellined/grooved fore-end provides a stronger grip, while the Flexitab feeding system provides positive and easier cycling. A less-lethal application shotgun is available with the addition of a blaze orange synthetic SpeedFeed stock and fore-end for the instant recognition required.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $950 each.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the Remington 870 less lethal shotguns are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 154
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description ALS1202 12 gauge fin stabilized kinetic energy projectile.

Quantity 21
Expended Lifespan 5 years
Manufacturer
Description
The ALS1202 is a 12 ga. rubber finned projectile that is designed to be direct fired, producing blunt trauma and pain compliance.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $6.00 a box.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the Remington 870 less lethal shotguns are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 155
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description ALS1212 12 gauge stabilized kinetic energy projectile.

Quantity 20
Expended Lifespan 5 years
Manufacturer
Description
The ALS1212T is a 12ga stabilized bean bag munition that is designed to produce blunt trauma and pain compliance. The bean bag is designed for exceptional flight ballistic stability to provide accuracy from smooth bore shotguns.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $6.00 a box.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the Remington 870 less lethal shotguns are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 156
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Less Lethal Launcher
Description FN303 Less Lethal Launcher
Quantity 2
Expended Lifespan 10 years
Manufacturer
Description
The FN 303® Less Lethal Launcher is constructed from durable lightweight polymer with comfortable ergonomics and an easy to operate safety. The FN 303® Launcher is equipped with both flip-up iron sights and an integrated MIL-STD-1913 top mounting rail for optical or electronic sights or other accessories. The lightweight polymer magazine holds 15 projectiles and offers a clear rear cover to allow the operator to instantly verify both the payload type and the number of projectiles remaining.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $1,699.00 each.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the FN303 less lethal launcher are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 157
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description FN303 Clear Impact Projectile
Quantity 900
Expended Lifespan 3 years
Manufacturer
Description
Less lethal ammunition designed for the FN 303 launcher. Dedicated to reducing lethality, the basis of the FN 303 lies in its unique projectiles. These .68 caliber, 8.5 gram projectiles utilize a fin-stabilized polystyrene body and a non-toxic bismuth forward payload to provide more accuracy and greater effective range than other less lethal systems. The primary effect of the projectile is trauma, which directly neutralizes the aggressor. Secondary effects from the projectiles can be delivered via a chemical payload depending on mission requirements.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $314.00 per box.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the FN303 less lethal launcher are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 158
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description FN303 OC Powder Projectile
Quantity 450
Expended Lifespan 3 years
Manufacturer
Description
Less lethal ammunition designed for the FN 303 launcher. Dedicated to reducing lethality, the basis of the FN 303 lies in its unique projectiles. These .68 caliber, 8.5 gram projectiles utilize a fin-stabilized polystyrene body and a non-toxic bismuth forward payload to provide more accuracy and greater effective range than other less lethal systems. The primary effect of the projectile is trauma, which directly neutralizes the aggressor. Secondary effects from the projectiles can be delivered via a chemical payload depending on mission requirements.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $511.00 per box.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the FN303 less lethal launcher are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 159
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU AB 481.pdf - 7 MPRSRU AB 481.pdf
MPRSRU AB 481.pdf
Packet Page 160
AB 481 Category
Govt Code §7070(c): (1) Unmanned, remotely piloted, powered aerial or ground vehicles Description: Unmanned, remotely piloted, powered arial and ground vehicles Quantity (existing/sought):
0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team and Sheriff's Bomb Squad)
Capabilities:

Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Expected lifespan: 5 years
Manufacturer's description:

Remotely operated land vehicles to support various mission areas such as explosive device remediation, hazardous materials operations, tactical law enforcement operations, search & rescue, and surveillance/detection. Examples include, but are not limited to rovers, scout vehicles, and surveillance platforms. Unmanned Aircraft System (UAS) comprises an unmanned aircraft and the equipment necessary for the safe and efficient operation of that aircraft. The system generally includes a fixed or rotary-wing (tethered or non-thethered) aircraft and a ground control station.

Purpose(s)/Authorized Use:

To enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video feed from vehicle cameras of hazardous areas prior to, or in lieu of, sending in personnel. Remotely piloted ground vehicles may be used to investigate and mitigate potential explosive devices. UAS/Drone/Arial platforms may be used for search and rescue; suspect apprehension crime scene documentation; tactical operations; scene security; hazard monitoring; identification and mitigation; response to emergency calls; crisis communications; legally authorized surviellance.

Initial cost: $0 (not owned by SSPD)
Annual costs: $0 (not maintained by SSPD)
Legal:

All applicable State, Federal and Local laws. Any use of UAS/Drone platforms will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

Procedural: SSPD Policy - 408 (Monterey Peninsula Regional Special Response Unit) Required training:

MPRSRU SWAT Team provides internal training for staff members prior to allowing them to operate the ground vehicle equipment. All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete training required by FAA COA.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). The Monterey County Sheriff's Office also provides the regional explosive mitigation team "bomb squad." This equipment is owned and operated by MPRSRU SWAT and the Monterey County Sheriff's Department. While the Seaside Police Department does not own this equipment, it could be used in Seaside by MPRSRU SWAT or the Monterey County Sheriff's Department if they are deployed to an incident within city limits. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 161
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 2 AB 481.pdf - 8 MPRSRU 2 AB 481.pdf
MPRSRU 2 AB 481.pdf
Packet Page 162
AB 481 Category
Govt Code §7070(c):
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision Description: MPRSRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities:

Capable of transporting personnel and equipment while providing them with armored protection. Also has a breaching apparatus that can be attached.

Expected lifespan: 10 years
Manufacturer's description:

The Lenco BearCat is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat part of their standard operating procedure. The Bearcat has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers.

Purpose(s)/Authorized Use:

The SRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) is intended for use during critical incidents including, but not limited to: (a) Hostage situations; (b) Barricaded subject incidents; (c) Active shooter situations; (d) High risk arrest and search warrants; (e) Any threat of explosive devices; (f) Other situations where ballistic protection is necessary for the protection of personnel. The SRU Rescue Vehicle will not be deployed for situations such as peaceful protests or demonstrations where violence is not threatened toward the public, property or law enforcement personnel. When deploying the vehicle one must consider how its use or misuse could create fear or distrust in the community and take steps to mitigate those negative effects. The SRU Rescue vehicle may be deployed for exhibition at community based events for the purpose of educating and familiarizing the public with its use and purpose.

Initial cost: $0 (not owned by SSPD )
Annual costs: $0 (not maintained by SSPD)
Legal: All applicable State, Federal and Local laws.

Procedural: SSPD Policy - 408 (Monterey Peninsula Regional Special Response Unit) Required training:

The SRU Rescue Vehicle is driven by approved personnel who have received training in the vehicle’s operation. The training includes both classroom and practical driving exercises.

Operators also receive scenario based training to include the decision making process as to how it should and should not be deployed. Scenario based training includes constitutional and community policing principles as it relates to SRU Rescue Vehicle deployment. All MPRSRU members are required to complete an initial POST Certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Marina Police Depatment and utilized by MPRSRU SWAT. While the Seaside Police Department does not own this equipment, it could be used in Seaside by MPRSRU SWAT if they are deployed to an incident within city limits. Although rare, it may also be used in Seaside at community events for educational and familiarization purposes.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 163
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 3 AB 481.pdf - 9 MPRSRU 3 AB 481.pdf
MPRSRU 3 AB 481.pdf
Packet Page 164
AB 481 Category
Govt Code §7070(c):
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
Description: Workhorse commercial van
Quantity (existing/sought): 1 (owned by SSPD and used exclusively for MPRSRU SWAT Team) Capabilities: Vehicles modified to facilitate the control and direction of public safety units.

Expected lifespan: Unknown
Manufacturer's description: Unavailable
Purpose(s)/Authorized Use: Workspace for commanding/supervising personnel during critical incidents. Also utilized for community outreach events such as National Night Out, Public Safety Outreach, etc.

Initial cost: $60,000
Annual costs: $0
Legal: All applicable State, Federal and Local laws.

Procedural: SSPD Policy - 408 (Monterey Peninsula Regional Special Response Unit) Required training:

MPRSU SWAT Team provides internal training for staff members prior to allowing them to operate these vehicles. All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Seaside Police Department and operated by MPRSRU SWAT. This equipment could be used in Seaside by MPRSRU SWAT if they are deployed to an incident within city limits. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 165
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 4 AB 481.pdf - 10 MPRSRU 4 AB 481.pdf
MPRSRU 4 AB 481.pdf
Packet Page 166
AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: Remington 870 Breaching Shotgun
Quantity (existing/sought): 1 (owned by SSPD and used for MPRSRU SWAT Team) Capabilities: Remington 870 12 gauge shotgun modified with pistol grip and barrel standoff designed for breaching doors or other points of entry.

Expected lifespan: Unknown
Manufacturer's description:

The Remington Shotgun is milled from a single block of steel. The stock and fore grip are comprised of fiberglass-reinforced polymer with a rubber over-molding. This shotgun is a U.S.- made pump-action shotgun. The magazine tube holds 6 less-lethal rounds.

Purpose(s)/Authorized Use:

A breaching shotgun can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and other breaching methods are determined to be ineffective.

Shotgun breaching generally needs to be supported by exigent circumstances necessitating immediate access for public safety.

Initial cost: $2,500
Annual costs: $0
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: SSPD Policies - 408 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Seaside Police Department and operated by MPRSRU SWAT.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 167
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 5 AB 481.pdf - 11 MPRSRU 5 AB 481.pdf
MPRSRU 5 AB 481.pdf
Packet Page 168
AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities:

The 37mm Less Lethal Launcher is capable of firing barricade penetrating “OC” rounds which disperse .02 ounces of OC powder into a defined space. These munitions are designed to dislodge barricaded subjects from confined areas.

Expected lifespan: 15 years
Manufacturer's description: The Federal 37 mm Less Lethal Launcher. Is a single-shot break-open platform designed to fire 37mm less lethal oleoresin capsicum munitions.

Purpose(s)/Authorized Use: The 37mm Less Lethal Launchers and “OC” Munitions are intended for use as a less-lethal use of force option.

Initial cost: $0 (not owned by SSPD)
Annual costs: $0 (not maintained by SSPD)
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is owned and operated by MPRSRU SWAT. While the Seaside Police Department does not own this equipment, it could be used in Seaside by MPRSRU SWAT if they are deployed to an incident within city limits. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPDCOLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 169
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/03/31, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 6 AB 481.pdf - 12 MPRSRU 6 AB 481.pdf
MPRSRU 6 AB 481.pdf
Packet Page 170
AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles
Expected lifespan: 15 years
Manufacturer's description:

Penn Arms 40mm Multi-Shot launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum, and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile, and used worldwide by police and corrections officers. The 40mm launcher is available in both pump-action advance and single shot versions Purpose(s)/Authorized Use: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a lesslethal use of force option.

Initial cost: $0 (not owned by SSPD)
Annual costs: $0 (not maintained by SSPD)
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: SSPD Policies - 408 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Sand City Police Department for use by MPRSRU SWAT. While the Seaside Police Department does not own this equipment, it could be used in Seaside by MPRSRU SWAT if they are deployed to an incident within city limits.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 171

Page 1 ends

ORDINANCE XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SEASIDE

AOPTING A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH AB 481 LAW ENFORCEMENT AND STATE AGENCIES: MILITARY EQUIPMENT:

FUNDING, ACQUISITION, AND USE
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed military equipment use policy, attached, is found within Seaside Police Department; and
WHEREAS, the Seaside Police Department Policy 710 meets the requirements of California Government Code section 7070, subdivision (d).

NOW, THEREFORE, the City of Seaside City Council hereby ordain as follows:

SECTION 1. FINDINGS.

Based on the entirety of the record as described above, the City of Seaside City Council for the hereby makes the following findings:

Packet Page 172

Page 2 ends

1. The military equipment identified in Seaside Police Policy 710 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Seaside Police Department Policy 710 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in Seaside Police Department Policy 710 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

SECTION 2. CEQA.

The City Council hereby finds the draft ordinance does not involve the approval of a project because the ordinance and its implementation do not result in a direct or indirect physical change in the environment or in a reasonably foreseeable indirect physical change in the environment. It is therefore exempt from the California Environmental Quality Act (CEQA) review. (Pub. Resources Code §21065; CEQA Guidelines §§15357, 15377, 15378).

SECTION 3. SEVERABILITY.

If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

SECTION 4. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days following the date of its final passage and adoption at a duly notice public hearing for the second reading of the proposed text repeal and text amendments.

SECTION 5. PUBLICATION. The City Clerk shall certify to the adoption of this Packet Page 173

Page 3 ends

Ordinance and shall, within fifteen (15) days after passage, publish a summary of this Ordinance in accordance with Section 36933 of the Government Code of the State of California with the names of City Council members voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Seaside held on the ___ day of __________ 2022, and passed to print.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held the ___ day of __________ 2022, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Jose Torres, Associate Planner
Eric Azriel, Assistant Planner
DATE: April 7, 2022
SUBJECT: RECEIVE OVERVIEW OF THE COMMUNITY CHARRETTE

PROCESS AND CONCEPTUAL PLAN OPTIONS FOR THE

POTENTIAL FUTURE DEVELOPMENT OF SEASIDE EAST

RECOMMENDATION
Receive the presentation from DPZ, and consider each conceptual plan. Select and approve one conceptual plan for DPZ to further develop in order to inform the General Plan update. Indicate whether to proceed under the City Vision process or the City Developer process.

BACKGROUND
In 2020, the City of Seaside took possession of 625 acres of the former Fort Ord, which had closed in 1994. The area colloquially known as “Seaside East” is now enshrined in local plans by that name. The land acquisition presents an opportunity to develop specifically for the City of Seaside. From its perch at the top of the hill, Seaside East overlooks the Monterey Bay National Maritime Sanctuary and sits at the entrance to the Fort Ord National Monument.

The opportunity to direct and manage this peerless real estate comes at a cost. The management of the land is expected to cost hundreds of thousands of dollars per year to manage the habitat, to maintain public safety on the land, and to maintain existing arterials. These costs would be borne by Seaside taxpayers unless the land of Seaside East is developed such that it pays for itself.

Therefore, the land should be developed in concert with Seaside’s grand vision. Seaside reveres its local environment and desires to include, innovate, and inspire. Seaside is diverse, vibrant, and safe, and boasts an extraordinary quality of life and proximity to Packet Page 175

Item No. 10.A. Page 2 of 5
many amenities. Maintaining and augmenting these values, increasing economic opportunity and recreational opportunity for our residents, is a key portion of any development for Seaside East.

As such, DPZ CoDesign was selected to create and manage the community outreach process. Famous for their contextually sensitive work in Seaside, Florida and for decades of award-winning work engaging communities and fighting sprawl, DPZ CoDesign is uniquely situated to provide Seaside residents and Seaside East with the opportunity to design for Seaside’s future.

At present, Seaside East is zoned RS-8 for low-density residential development. To meet community goals such as housing, environmental sustainability, economic growth, and access to recreation, this zoning designation is expected to change. The Draft General Plan 2040 goals are in concert with such a change to the land use map, though an amendment will need to be passed. The community charrette took this as a mandate to design and zone Seaside East as needed in reference to the community’s wishes.

The charrette's overall goal was to conduct an open community dialogue to develop a City vision suitable to Seaside East’s transformative opportunity and thereby continue to progress on issues of economic opportunity, affordable housing, social justice, clean energy, and environmental conservation. It provided an opportunity for residents to ask questions and advocate for their needs and Seaside’s future needs. The combination of the outreach impressions and comments resulted in four plans for Seaside East for residents to cogitate over and comment upon.

To implement those plans, the City has rejected the conventional process of selling the land to a developer with the developer creating the plan. This is the reason the City refused to accept unsolicited proposals. Instead, the City sought to create a comprehensive community-driven vision through the charrette process. Once the community creates possible visions and the City Council directs staff toward a specific vision, the next stage can be implemented.

That next stage consists of the City Vision process or the City Developer process. The City Vision process implements Seaside's vision by bequeathing the vision to a developer who refines the plan, builds common areas such as streets, and sells lots to builders or non-profits. In contrast, the City Developer process implements Seaside's vision though the City financing and building common areas and leasing land to builders or nonprofits. The City Developer process has the advantage of retaining the most local control. Seaside will need to decide its way forward after considering the results of the charrette and outreach process.

ASSESSMENT OF OUTREACH
A February 6, 2020, Staff Report, made a recommendation that Council vote to allow the City Manager to execute a not to exceed contract with DPZ to conduct a series of Packet Page 176

Item No. 10.A. Page 3 of 5
visioning and charrette meetings with City of Seaside stakeholders. Meetings and interviews were held with over 50 community members spanning a wide spectrum of representation: Environmental preservation, recreation and trails, underserved populations, housing, economic development and jobs, Fort Ord management, elected officials, and youth and teens programs, and the Arts.

Three charrette meetings were held; Visioning, Exploration, and Final. The first session, a Community Visioning Exercise, began with a special “Visioning Kick-off Event” on Sunday, October 24, 2021, from 1pm to 4pm at MLK School where the community was able to share with DPZ their vision for Seaside East. The visioning meeting captured community feedback on the development of objectives and solutions. The initial visioning meeting established these five major goals of the project. • Housing
• Jobs & Economic Development
• Recreation
• Arts & Culture
• Environmental Sustainability
A follow-up “Community Feedback Event” took place on Wednesday, October 27, 2021, at 6pm at Oldemeyer Center where there was a community review and discussion of site options. This presentation explored four preliminary planning scenarios, which reflected the community feedback gathered from the initial visioning exercise. These four planning scenarios are designed from least to most development intensity: The Compact Pueblito Plan, The Seaside Vista Plan, The Enclaves, and The Crescent Plan.

There were at least three questions raised by audience members:
• What is the plan for fire evacuation with only two current ingress/egress routes available?
• How can the City ensure that the housing will remain affordable and available to Seaside residents and not purchased by investors?
• Why is there no option for zero development and 100% conservation? A final “Charrette Outcomes Event” took place on Friday, October 29, 2021, at 6pm at Oldemeyer Center, where there was a final presentation with a community report and recommendations. This presentation offered a more detailed look at the four planning scenarios with the intent of “making the case for development and preservation”.

STAKEHOLDERS CONTACTED
Multiple community stakeholders were contacted as summarized in Attachment 2.

CHARETTE PARTICIPATION
A real-time survey was conducted during the final meeting. The following list of Packet Page 177

Item No. 10.A. Page 4 of 5
questions were asked in order to gauge age demographics and feedback on the four preliminary plan designs. The survey was administered using Slido, an interactive web application in both English and Spanish:
• How old are you? Cuántos años tienes?
• Do you live or work in Seaside? Vives o trabajas en Seaside? • Which plans best address housing needs? Cual de los planes provee la mejor solucion a las necesidades de vivienda?
• Which plans best address jobs needs? Cual de los planes provee la mejor solucion a las necesidades laborales?
• Which plans best address arts and cultural needs? Cual de los planes provee la major solucion a las necesidades artísticas y culturales? • Which plans best address sports and recreation needs? Cual de los planes provee la mejor solucion a las necesidades deportivas y recreativas? • Which plans best provide a model for sustainable development? Cual de los planes provee el mejor modelo de desarrollo sustentable?
• Which plan do you prefer? Que plan prefieres?

LIMITATIONS OF OUTREACH
During the 2nd and 3rd meetings, DPZ presenters commented on the obvious lack of participation by Spanish speaking members of the community. According to the 2010 census, Hispanics or Latinos make up 43.4% of the population. Much of this population is comprised of working-class families that likely do not have the capacity to participate.

Other barriers include, lack of childcare, Spanish speaking only, and overall lack of understanding or experience with civic engagement and particularly with a participatory planning process.

To followup, a survey written in Spanish was distributed to the community. It was mentioned in the business newsletter, on social media, and on flyers for the rental assistance program. Those flyers were posted in almost 50 establishments, including churches, Asian-American owned businesses, Mexican American businesses, student organizations, service organizations, and a school. But minimal surveys were completed.

FISCAL IMPACT
None.

ATTACHMENTS

1. Attachment 1 - SEASIDE_COUNCIL_DPZ_LETTER_220328

2. Attachment 2: SEASIDE_EAST_STAKEHOLDERS_CONTACT_LIST Reviewed for Submission to the City Council by:

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Item No. 10.A. Page 5 of 5
__________________________________
Roberta Greathouse, Acting City Manager
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March 28, 2021
Seaside East Preferred Plan
Dear Mayor Oglesby and Council Members,
A few months have passed since we held a public Charrette process concerning Seaside East. We hope you have had the opportunity to view the Charrette closing presentation and to consider the plan options identified. Today, we ask that you consider two critical questions which must be answered to complete our work, informing the General Plan update:

1. Which plan should we carry forward as a vision for the General Plan? What updates might you recommend we pursue as we clarify that plan?

2. In order to proactively address housing affordability in Seaside East, is the City willing to consider the role master developer?
Below is a brief discussion of both questions and the process to date, which will also be the subject of our upcoming presentation.

Process
The public input process was designed to identify key subjects of interest and concern ahead of a weeklong public design exercise, culminating in a series of design options for your consideration. We began with a series of virtual interviews with each of you to understand the project context, aspirations and concerns, potential opposition and support, and a roster of additional individuals to meet. Two days of one-on-one meetings were arranged, in Seaside, in late September, alongside a number of meetings over zoom. During these meetings we listened openly to thoughts about Seaside East, asked about goals and concerns, and asked whom else we should speak with before beginning design. These fact finding interviews set the basis for our initial slate of design goals, the meeting subjects during the design charrette, and helped to assemble a list of 140 people whom which we invited to charrette

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meetings or met with in person or virtually. In addition to these direct invites, we asked a number of community connectors to spread the word about the upcoming design charrette meetings, in addition to noticed provided by the City.

Between October 22nd and 29th, we convened a team from our offices along with a few consultants to round out our expertise, to conduct a public design charrette. This process included 12 open meetings. Nine of the meetings topic-specific, held at Seaside Creates. While these meetings were open to the public, we asked some people to specifically attend, due to their position or area of expertise. Three of the meetings were organized as more significant public events, and advertised as such.

These included an opening event which set the stage for what were, why, and provided an open forum for public input to refine our preliminary project goals. The other two meetings, at the design midpoint and at the end of the charrette, were organized with a presentation of work to date followed by public input on that work. In addition, we welcomed input during “open studio” hours at Seaside Creates, where people could drop-in, see what we are drawing, and talk with anyone on our team.

Working at Seaside Creates also provided a very direct connection with staff who were able to answer questions and provide any missing materials.

The design portion of our work resulted in 4 plans which varied in the amount and intensity of development in Seaside East. These plans are described in the following section of this letter. However, the conversations held during the charrette meetings provide greater context and specificity for the plans, beyond what can easily be discerned from drawings. We focused on numerous goals in the areas of Housing, Jobs, Recreation, Arts & Culture, and Sustainability. Through public conversation, we found dire needs within each area and considered how Seaside East could contribute to solutions. While each plan develops on a different amount of land in Seaside East, they all share in their approach to addressing these goals. In fact, achieving the sustainable development goals directs the form and process that development should take. Achieving the remaining goals relies on the question of to what extent should we address the need for housing, jobs, recreation, and arts & culture. Following the charrette we have collected and completed drawings, but have most significantly asked Urban3 to evaluate the anticipated fiscal impact of these 4 plan options - how much additional land value is created. This is reflected in the information that follows.

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Which plan should we carry forward as a vision for the General Plan? During the Charrette, we developed 4 plan alternatives for the future of Seaside East:
the No Growth plan, the Compact Pueblito plan (low growth), the Enclaves plan (moderate growth), and the Vistas plan (most growth). None of these plans recommends developing all of Seaside East, carrying forward the LUD-17 goal of “abundant and high-quality natural open space on former Fort Old lands”. Most plans do propose new growth in the form of compact and mixed-use development, carrying forwards the goals of LUD-18 through LUD-22 concerning sustainable growth, compactness, support and enhancement of natural areas, and resilient neighborhoods connected with the rest of the city.

Each plan that recommends development does so in the form of one or more compact and mixed-use development areas. Common to each plan and its’ development areas are a mixture of workplace, housing at high and medium density, cultural institutions, public space, recreation, active transportation, and natural areas preservation. Each of these is a topic of need within the City of Seaside. While conventional development would isolate each use, doing so would result in more automobile trips, inefficient infrastructure, neighborhoods lacking diversity and resilience, and overall be an unsustainable pattern of growth. Separating uses would also result in development patterns people in the community have been critical of - growth in any single family housing would occur quickly and all of the other needed

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housing and supportive uses would languish and be threatened. This standard of compact and truly mixed-use development areas is critical, common to all development plans, and a focus of phasing which can achieve increments of independently sustainable communities from the beginning. The diagram above, by Leon Krier, explains how cities are built sustainably, combining public and cultural spaces and buildings, and a mixture of the homes and workplaces that together create diverse places.

Seaside East, existing development occurring within Seaside and the greater region, and future infill within Seaside’s already built areas are all subject to time and the availability of water. We do not ignore this fact. However, there is a significant timeline of cleanup, policy, planning, RFPs, and entitlements that even with the water available today, would mean actual development in Seaside East would not be practical for a number of years. Today, we need to decide where the City wants to go in the future, the details of which will develop in coming years. Unfortunately the timeline either way means that Seaside East’s contribution towards today’s dire needs for housing, jobs, culture, and recreation are a ways off. In the meantime, Seaside will continue to pursue infill growth, a sustainable development practice that is a critically important.

Concerning the 4 plan options, we seek guidance in selecting a single plan to move forwards as a vision for Seaside East. We will then further detail the selected plan and describe its’ critical elements. The 4 plan options are as follows:

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The No Growth Plan
This plan includes recreational activities within Seaside East, but not housing or work places. Advocates for this approach suggest that tourist activities for the National Monument will drive economic development within the existing city and support recreational facilities and the maintenance and rectorate of natural areas. During the Charrette, we heard that it is unlikely that the portion of the National Monument that is currently restricted, adjacent to Seaside East, will ever be made publicly accessible.

This raises concerns about the viability of this concept. Actions could be taken to enhance it as a gateway, yet full access to the monument would be restricted.

The Compact Pueblito Plan (low growth)
This plan proposes the same recreational uses as the No Growth Plan, along with development at the south end of Seaside East, in two small pockets. These development areas include a mixture of housing and workplaces, as well as additional recreational facilities. This plan does not develop up to or beyond the ridge along Eucalyptus, which was identified by some residents as a concern.

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The Enclaves Plan (moderate growth)
This plan includes three overall development areas distributed throughout the site, along with a more distributed recreational program. It does not build in the Oaks along Eucalyptus but does build beyond the ridge.

The Vistas Plan (most growth)
This plan develops more of Seaside East than others, though retaining about 1/2 of the area in open space, distributed throughout and between compact development areas. Recreational facilities are distributed in two primary areas. This plan does develop beyond the Eucalyptus ridge and also within the Oaks.

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In order to proactively address housing affordability in Seaside East, is the City willing to consider the role of master developer?
At the end of the closing Charrette presentation we presented thee ways in which development, should it be chose, could occur within Seaside East. The development process is an important consideration in achieving a true mixture of uses and intensities of housing, room for civic space and civic institutions, and most importantly the ability to provide affordable housing and workplaces.

Our charge in fostering a vision for Seaside East has already moved the City from a Conventional Process which is driven by the vision of developers towards a City Vision Process where the City leads with a vision which developers implement. This is similar to the Campus Town process where a vision was created and developers implement that vision. During charrette discussions concerning affordable housing and public & recreational spaces, significant concerns were raised with this process. Specifically, there is a lack of trust that affordable housing, higher density housing, and sufficient workplaces will result from developer implementation. Additionally there are concerns that public spaces within Seaside East would be unwelcoming to existing residents.

And in our experience with development, we understand that delivering a true mix of uses, to achieve Leon Krier’s city of public and private, is very difficult.

As an alternative, we proposed a City Developer Process where the City acts as master developer, building the streets and infrastructure and preparing sites for development. The development sites would be sold to builders like any normal development. However, the City would more easily be able to sell properties to the affordable housing non-profit, other organizations focused on affordable housing and civic institutions, and better ensure a mixture of housing types and tenures,

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workplaces, and public places. While uncommon today, this process is being used in a small California municipality and to a larger extent in Wisconsin. Roads and recreational spaces would be retained by the City and maintained through normal capital improvements rather than as an additional non-governmental tax in the form of HOA dues. This process requires more work and initial capital outlay, but is one of the few ways to ensure affordable housing is provided.

Thank you for your consideration of these options. Throughout the Charrette we discussed numerous details which cannot easily be distilled into a presentation. But we heard loudly and clearly that Seaside is in dire need for affordable and attainable housing, for well paying jobs and entrepreneurship, and for recreation and sports facilities, for arts and cultural facilities. Seaside also has an opportunity to provide a new model for sustainable development. None of this is an easy undertaking. If Seaside East is to be developed, the residents have insisted that it meet their needs and not be just another expensive single-family subdivision. Help us articulate this vision and provide you with meaningful goals, direction, and a strong and lasting vision.

We look forward to the discussion and continuing to assist the City of Seaside, Matthew Lambert, Partner, DPZ CoDesign
Marina Khoury, Partner, DPZ CoDesign

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Industry Contact Organization
CITY Alexis Garcia Arrazola City of Seaside
CITY Jason Campbell City of Seaside
CITY Jon Wizard City of Seaside
CITY Dave Pacheco City of Seaside
CITY Ian Oglesby City of Seaside
ENVIRONMENT Fred Watson MPCC, FORTAG
ENVIRONMENT Scott Waltz MPCC, FORTAG
ENVIRONMENT Roelof Wijbrandus Sustainable Seaside
ENVIRONMENT Kay Cline (w/ Bill) Sustainable Seaside
ENVIRONMENT Catherine Crockett Sustainable Seaside
ENVIRONMENT Melodie Chrislock Public Water Now
ENVIRONMENT Bill Weigle (w/ Kay) Keep Fort Ord Wild / Sustainable Seaside ENVIRONMENT Molly Erickson KFOW
ENVIRONMENT Michael Solerno KFOW
ENVIRONMENT Lacey Raak Environmental committee; MPCC
ENVIRONMENT Elz Winchester Land watch
ENVIRONMENT Cathy Rivera Bill Weigle
ENVIRONMENT Dan Fernandez Bill Weigle
ENVIRONMENT Matt Hess Bill Weigle
ENVIRONMENT Bertrand Deprez Bill Weigle
ENVIRONMENT Michael DeLapa Land watch
COMMUNITY Mel Mason (w/ Regina) Village Project
ENVIRONMENT Regina Mason (with Mel) Village Project
ENVIRONMENT Brian LeNeve (President) - Monterey Native Plant Society ECON DEV Matt Huerta Monterey Econ Dev partnership
ECON DEV Allan Groves economic committee
ECON DEV Camille Groves
ECON DEV Danny Bakewell Jr . Developer
ECON DEV Kate Roberts Monterey Econ Dev partnership
ECON DEV Jim Bauson Chamber of Commerce
ECON DEV Allan Groves Commission on Jobs, Opportunities, and Businesses ECON DEV Mike Avala Developer
ECON DEV Gayle Tier Commission on Jobs, Opportunities, and Businesses Packet Page 188
BUSINESS Chris Shakes Shakes enterprises, restaurants
BUSINESS Al Glover respected property owner
HOUSING Alex Miller

HOUSING CHISPA
HOUSING Annalisa Mitchell
ECON DEV Jeff Davi? Commercial Land Round Table of Monterey County ECON DEV Michael Houlemard former Fort Ord
FAITH Pastor Britt Greater Victory Temple Church
FAITH Pastor ML Carter
FAITH Pastor Harold Lusk (w/ Dr. Bettye Lusk Bethel Missionary Baptist Church FAITH Pastor Dunham Friendship Baptist Church
FAITH Kenneth Murray Ocean View Baptist Church
FAITH John Nash Sr deacon
ECON DEV Joy Anderson
ARTS Juan Sanchez Palenke Arts
ARTS Maria (Lupe) Jara
ARTS Jackie Hope performing arts coordinator
EDUCATION Helen Rucker
board of education / community activist / retired educator/ former City councilmember
EDUCATION Rosalyn Green MPCC; Building Healthy Communities EDUCATION David Martin Superintenent / President
EDUCATION Viki Nakamora MPCC
EDUCATION Larry Samuels CSUMB
EDUCATION PK Diffenbaugh Seaside School District (MPUSD) Francisco Lopez LULAC, Hispanic
EDUCATION Dr Bettye Lusk (w/ Pastor Lusk) MPUSD Board Member COUNTY Todd Muck Transportation Agency for Monterey County COUNTY Wendy Root Askew Monterey County Supervisor
COMMUNITY Daryl Choates
COMMUNITY Rick Medina ex planner / Seaside Consultant
COMMUNITY Ann Leffel Mary
COMMUNITY Lisa Sawhney
COMMUNITY Unite Here Hospitality Union
Packet Page 189
COMMUNITY Dennis Volk Mel's Market
COMMUNITY Shari Hastey
COMMUNITY Gracie Rubio
COMMUNITY Alex Miller
COMMUNITY Anne Marie Pagan
COMMUNITY Ron & Marie Guth
COMMUNITY Ruth Watts
COMMUNITY TAMCY / Greenway Project
COMMUNITY Guadalupe Perez latinx (regina)
COMMUNITY Rena Vasquez latinx (regina)
COMMUNITY Yvonne Thomas NAACP
COMMUNITY Jesse Perez Latinos Unidos
COMMUNITY Arturo Aguila COPA
CITY John Owens Planning Commission
CITY Dave Pacheco (Chair) Traffic Advisory Commission
CITY Franco Pacheco (Chair) Recreation and Parks Commission Business Council
Nearby Schools - MPUSD
CITY Hamish Tyler (Chair) Art and History Commission
Kee Hyon Higgins (staff liaison) Youth Violence Prevention Task Force CITY Jerry Blackwelder (Chair) Seaside County Sanitation District Monterey Institute of International Studies
CITY Benjamin Strickland (chair) Homeless Committee
CITY Stacey Feiss (co-Chair) Homeless Committee
CITY Joy Anderson (Chair) C-JOBS
COUNTY Wendy Root Askew (Chair) Monterey County Board of Supervisors Monterey County Visitors and Convention Bureau
Monterey Peninsula Regional Parks District

GOVERNMENTAL
Eric Morgan / Fort Ord National
Monument Bureau of Land Management
Shari Hastey - Executive Director Community Partnership for Youth Seaside Merchant's Association?
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Ron Johnson President and CEO Boys and Girls Club
Jacob Ahrenstorff Seaside Pony Baseball & Softball
Claudia Link Seasode Raiders Youth football & cheer
Veterans Cemetary
Monterey Bay Economnic Partnserhip
Cal Costal Rurual Development Corporation / SBDC
Willie Herrell - President - Monterey County AfricanAmerican FORTAG

WATER MCWD

WATER MPWMD
WATER Jason Campbell Monterey One Water
WATER Cal Am
City of Marina
City of Del Rey Oaks
MST
Ana Flores / AMBAG
ECON DEV Joy Anderson CJOBS
ECON DEV Shyam Kamath CJOBS
ECON DEV Allan Groves CJOBS
ECON DEV David Rodriguez CJOBS
ECON DEV Gayle Tier CJOBS
ECON DEV Sharon Coggin CJOBS
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Roberta Greathouse, Human Resources Director/Risk Manager DATE: April 7, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING A LICENSE TO WOWEE

CANNA TO ESTABLISH A NEW MEDICAL/ADULT

RECREATIONAL CANNABIS RETAIL OPERATION LOCATED AT
1605/1609 SANTA BARBARA STREET

RECOMMENDATION
Adopt a resolution approving a license to Wowee Canna to establish a new medical/adult recreational cannabis retail operation located at 1605/1609 Santa Barbara Street.

BACKGROUND
In September of 2017, the City passed regulations allowing the sale, distribution, and cultivation of medical and adult-use cannabis at a limited number of locations in the City. The City Council subsequently amended the ordinance on multiple occasions.

Some of the notable changes include:
 an increase in the total number of available permits,  a requirement that applicants apply for a conditional use permit,  the adoption of selection criteria by resolution and not by ordinance, and  a reduced buffer distance between dispensaries.

The latest amendment to the ordinance, adopted April 2021, increased the license cap from six to eight licenses: "the total number of conditional use permits shall not exceed five valid dispensaries of each type within the West Broadway Urban Village and a total of three dispensaries of each type City-wide not located in the West Broadway Urban Village." During the regular meeting of January 20, 2022, the City Council adopted the resolution identifying selection criteria for additional cannabis retail shops. After Packet Page 192

Item No. 10.B. Page 2 of 3
adoption, staff began the application process with a request for proposal ending February 28, 2022.

The new application process and selection criteria were created using available best practices with business friendliness, transparency, and fairness as paramount values.

Applicants were required to submit application materials together in one complete comprehensive application as a .PDF package. Prior to an application being evaluated and ranked using the criteria, an application must have been deemed complete. The City received two applications: Wowee Canna and Higher Level of Care Express. Both were evaluated according to the adopted criteria:
(a) Cannabis Dispensary License Application;
(b) Financial Responsibility, Indemnity, and Consent to Inspection Terms Agreement; (c) Agreement on Limitations of City’s Liability and Indemnification to City; (d) Application fee and Background Check fee(s);
(e) Business Owner Acknowledgment Agreement;
(f) Proof of Property Owner Consent/Landlord Affidavit; and (g) Proof of Insurance or letter of insurability from the Insurance Company.

Applications have been carefully vetted by the City to ensure accuracy and security. The two applicants received exemplary ratings for their security plans. Specific details of the security plans are limited to the Seaside Police to maximize public safety. At this time, only one of the applications is recommended to proceed (Wowee Canna), the other requires further evaluation. A summary of the application follows. If approved for a license, the applicant would take the next step of applying for a conditional use permit before the Planning Commission.

1. Wowee Canna
The proposed business is located at 1605/1609 Santa Barbara Street, Seaside, CA, 93955, APN# 001-545-001. The proposed site is located in the mixed-use (MX) zone of the West Broadway Urban Village Specific Plan. The location consists of two combined retail spaces, 1,692 sq. ft. is an existing building with 5 occupied tenants. Application included a Zoning Conformation Letter, accurate site diagram and street view photographs. Tenant improvements included window replacement, new awnings, paint, and refacing the existing structure. Signs will comply with 17.40.

The Safety plan was developed by a professional fire prevention and suppression consultant. The plan described potential hazards and provided a diagram of fire extinguisher locations, emergency exits, and alarm locations. All accidents will be immediately reported to Management and the proper accident procedure implemented.

Waste management procedures and locations were clearly described, All cannabis waste will be rendered unusable and unrecognizable.

The Security plan was developed by a professional security consultant which was in line with state regulations. A premises diagram identified 14 camera locations. The diagram Packet Page 193

Item No. 10.B. Page 3 of 3
clearly identified the use of each area. The proposed facility will be a limited cash location. Delivery vehicles will be equipped with a GPS monitoring system. An on-site guard will be present during business hours. A complete outline of ongoing training for fire/security was provided in the application.

All employees will be encouraged to complete a minimum of 40 hrs. per year of community service. Applicant stated a contribution commitment of 2% annual gross income to local non-profits, Partnership of Youth, and Friends of Seaside Park Association. The proposed business will commit to actively engaging with the local community.

2. Higher Level of Care Express
Higher Level of Care proposes operating at 305 Amador. The applicant submitted a completed application package, but there is additional information that staff must analyze and consider regarding the proposed use at this location, therefore staff is not proposed to make a recommendation to Council regarding this application at the April 7, 2022, meeting.

FISCAL IMPACT
None. Potential future impact should licensees complete a Conditional Use Permit.

ATTACHMENTS

1. Resolution

2. Application
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 194
Meeting Date: 4/07/22
Item #: 10.B.

RESOLUTION NO. 22-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING A LICENSE TO WOWEE CANNA TO ALLOW A MEDICAL/ADULT RECREATIONAL CANNABIS RETAIL OPERATION LOCATED AT 1605/1609 SANTA BARBARA STREET (APN# 001-545-001) IN THE MIXED-USE (MX)

ZONE OF THE WEST BROADWAY URBAN VILLAGE SPECIFIC PLAN
WHEREAS, in November 2016, voters in the State of California approved Proposition 64 – Adult Use of Marijuana Act, which legalized the recreational use of cannabis; and
WHEREAS, the City of Seaside approved SMC 19 Cannabis in 2017 to allow for legal adult and medical cannabis dispensaries; and
WHEREAS, in December 2017, the City of Seaside approved six adult and medical-use cannabis dispensaries; and
WHEREAS, on April 1, 2021, the City of Seaside approved updating SMC 19 text to increase cannabis dispensaries, not to exceed five in the West Broadway Urban Village specific plan area and not to exceed three outside the West Broadway Urban Village specific plan area (it is anticipated dispensaries will be both medical and adult); and WHEREAS, in March and April, 2021, the City of Seaside stated that additional dispensary applications are not to be accepted until the Council indicates to do so at a time in the future; and
WHEREAS, on April 1, 2021, the City of Seaside passed to print an amendment to SMC 19.08.010.B and on April 1, 2021, the City of Seaside adopted amendment to SMC 19.08.010.B which requires that the criteria for dispensary selection to be established by resolution; and
WHEREAS, the Seaside City Council adopted a new application process and selection criteria by resolution for additional cannabis retail shops at a duly noticed public meeting held on January 20, 2022; and
WHEREAS, the new application process and selection criteria were created using available best practices with business friendliness, transparency, and fairness as paramount values; and
WHEREAS, the City published the selection criteria and the notice of available licenses in a request for proposal on the official City website ending February 28, 2022; and
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WHEREAS, the City received two applications for a License to allow the establishment of a Medical/Adult Recreational Cannabis Retail operations at their respective locations:

A. Wowee Canna located at 1605/1609 Santa Barbara Street (APN# 001-545- 001), and
B. Higher Level Care Express 305 Amador Avenue (APN# 011-311-018); and WHEREAS, the City has reviewed and evaluated according to the adopted criteria, and found Wowee Canna to have scored above the required 90% threshold and Higher Level Care Express needing further review; and
WHEREAS, the Seaside City Council has weighed the merits of the Wowee Canna application and reviewed the summary provided by staff at a duly noticed public meeting; and
NOW, THEREFORE, BE IT RESOLVED, that the Seaside City Council approve a license to allow a Medical/Adult Recreational Cannabis Retail Operation to Wowee Canna.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, duly held on the 7th of April, 2022, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE OPPOSING INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2022 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities, and more.

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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby oppose Initiative 21-0042A1;
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected]
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the _____ day of _______, 2022 by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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