DRAFT MINUTES
CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, November 17, 2022
REDEVELOPMENT AGENCY 5:00 PM
1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:00 p.m.
2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard ABSENT: None
3. INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was held for the invocation. The pledge of allegiance was led by Mayor Pro Tem/Vice Chair Pacheco.
4. REVIEW OF AGENDA
No changes.
5. PUBLIC COMMENT
Charles Williams, Kevin Rangle, Jennie Reese, Melissa Sodowskey, Amy Shien, Kay Cline, Dr. Bettye Lusk, Abbey Mason, Peter Kaiser, Bobby Maxwell City Attorney Damon and City Manager Fontes responded to public comments regarding rumors of a test well location at a neighborhood park.
6. PUBLIC AGENCY COMMUNICATIONS
None.
7. PRESENTATIONS
A. REVIEW OF UPCOMING CITYWIDE EVENTS (ERNESTO ALTAMIRANO,
COMMUNICATIONS & COMMUNITY ENGAGEMENT SPECIALIST)
Mr. Altamirano presented and there were no questions from the Council.
Packet Page 21
Thursday, November 17, 2022 City Council REGULAR Meeting Page 2 B. QUARTERLY FINANCIAL STATUS UPDATE (JESSICA RILEY, ASSISTANT
FINANCE DIRECTOR)
Ms. Riley provided a presentation and responded to questions from the Council regarding the long term forecast and how the ARPA funds are considered in the estimate of 2023 revenues. Finance Director, Victor Damiani also responded to questions from the Council.
8. CONSENT AGENDA
Mayor/Chair Oglesby read the Consent Agenda items and asked there were any to be pulled for further discussion.
Item 8H was pulled by Mayor Pro Tem/Vice Chair Pacheco.
PUBLIC COMMENT: Ruthie Watts – thanked the Council for their support of the Coalition of Scholarship Organization’s application for a fee waiver to host a forum on scholarship opportunities for local high school seniors.
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council Member Garcia-Arrozola moved to approve the Consent Agenda except for item 8H.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSENT: None
ABSTAIN: None
A. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED & FILED
B. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED & FILED
C. ADOPT A RESOLUTION APPROVING THE CALENDER YEAR 2023
INVESTMENT POLICY FOR THE CITY OF SEASIDE AND THE CITY OF
SEASIDE SUCCESSOR AGENCY
ACTION: ADOPTED RESO #22-143
D. ADOPT A RESOLUTION AMENDING THE CITY ATTORNEYS CONTRACT TO REFLECT AN ANNUAL SALARY OF $228,096.00 AND ADDING A COST OF LIVING ALLOWANCE PROVISION AND APPROVE FISCAL YEAR 2022- 2023 BUDGET AMENDMENT
ACTION: ADOPTED RESO #22-144
Packet Page 22
Thursday, November 17, 2022 City Council REGULAR Meeting Page 3 E. ADOPT A RESOLUTION EXTENDING 0.101 ACRE FEET WATER
ALLOCATION PER YEAR FOR THE NEW CITY HALL STAFF TRAILER PROJECT TO BE LOCATED AT 440 HARCOURT AVENUE
ACTION: ADOPTED RESO #22-145
F. APPROVE A FEE WAIVER FROM HINDU TEMPLE OF MONTEREY
PENINSULA FOR THE USE OF THE LAGUNA GRANDE PARK FOR A HOLI CELEBRATION ON MARCH 11, 2023.
ACTION: APPROVED
G. APPROVE A FEE WAIVER FROM KINDNESS ROCKS 831 FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THE 831 TALENT SHOW ON JANUARY 7, 2023
ACTION: APPROVED
H. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM ROAD 2 REALITY
The item was pulled by Mayor Pro Tem/Vice Chair Pacheco. Recreation Director, Dan Meewis responded to questions about the qualifications of the cost for the requested items of cleaning equipment such as gloves, trash bags, garbage grabbers, buckets, and weed tools. The applicant representative Jessica provided comments and responded to questions and concerns from the Council; providing more context to the request of the application.
PUBLIC COMMENT: Ruthie Watts, Jessica
On motion by Council Member Wizard and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to table the item and invite the applicant to re-submit the application with more details that were expressed during the applicants comment, for the Council’s consideration at its next regular meeting.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSENT: None
ABSTAIN: None
ACTION: TABLED TO FUTURE MEETING
I. CONSIDER A REQUEST FROM THE COALITION OF SCHOLARSHIP
ORGANIZATION FOR CO-SPONSORSHIP AND FEES WAIVER FOR USE OF
THE LAGUNA GRANDE HALL AND KITCHEN AT THE OLDEMEYER CENTER,
FOR A FORUM ON SCHOLARSHIP OPPORTUNITIES FOR LOCAL HIGH Packet Page 23
Thursday, November 17, 2022 City Council REGULAR Meeting Page 4
SCHOOL SENIORS
ACTION: APPROVED
J. CONSIDER A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM
HAMILTON, ELLIS, & MARTIN TENANT ASSOCIATION FOR THEIR YOUTH
CHRISTMAS CELEBRATION GALA
ACTION: APPROVED
K. ACCEPT THE MAYOR'S KEY TO THE CITY AWARDED TO REVEREND DR.
HERBERT H. LUSK, II
ACTION: ACCEPTED
9. BUSINESS ITEMS
A. REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY COMMITTEE
RECOMMENDATIONS TO DENY A RED CURB ON JUAREZ STREET AND AN
ADDITIONAL DRIVEWAY ON AMADOR AVENUE
Melissa Savage, Associate Engineer, provided a presentation and responded to questions from the Council.
On motion by Council Member Campbell and second by Council Member Wizard and carried by the following vote, the City Council/Successor Agency moved to deny the installation of the red curb 1841 Juarez Street.
RESULT: 4-0-0-1
AYES: Campbell, Garcia-Arrazola, Pacheco, Wizard
NOES: None
ABSENT: None
ABSTAIN: Oglesby
ACTION: DENIED
On motion by Council Member Campbell and second by Council Member Wizard and carried by the following vote, the City Council/Successor Agency moved to approve the installation of an additional driveway approach at 700 Amador Avenue.
RESULT: 3-2-0-0
AYES: Campbell, Garcia-Arrazola, Wizard
NOES: Oglesby, Pacheco
ABSENT: None
ABSTAIN: None
Packet Page 24
Thursday, November 17, 2022 City Council REGULAR Meeting Page 5 ACTION: APPROVED
10. PUBLIC HEARING
A. ADOPTION OF AN ORDINANCE MODIFYING SEASIDE MUNICIPAL CODE SECTIONS 17.52.251 AND 17.52.252 PERTAINING TO SHORT-TERM
RENTAL PROGRAM (SECOND READING - ROLL CALL VOTE)
City Manager Fontes reiterated to the Council the second reading of the ordinance modifying SMC sections 17.52.251 and 17.52.252 pertaining to short-term rentals and advised the Council that Administrative Analyst II, Haroon Noori was on the line to answer any questions if needed.
There were no comments from the public.
On motion by Council/Agency Member Campbell and second by Mayor Pro Tem/Vice Chair Pacheco the City Council/Successor Agency moved to adopt an ordinance modifying the Seaside Municipal Code Sections 17.52.251 and 17.52.252 pertaining to Short-Term Rental Program.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED ORD #2016
B. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 15 OF THE
SEASIDE MUNICIPAL CODE INCORPORATING THE 2022 EDITIONS OF
THE CALIFORNIA BUILDING, RESIDENTIAL, PLUMBING, ELECTRICAL,
MECHANICAL, ENERGY, GREEN BUILDING STANDARDS, FIRE CODES,
AND RELATED MODEL CODES WITH AMENDMENTS (SECOND READING -
ROLL CALL VOTE)
Building Official, David Little reitereated to the Council that the ordinance amending Chapter 15 of the SMC was a second read and responded to questions from the Council.
There were no comments from the public.
On motion by Council/Agency Member Wizard and second by Council/Agency Member Campbell the City Council/Successor Agency moved to adopt an ordinance amending Chapter 15 of the Seaside Municipal Code Adopting the 2022 Editions of the California Building Code, Residential, Plumbing, Electrical, Mechanical, Energy, Green Building Standards, Fire Codes, and Related Model Codes with Amendments.
Packet Page 25
Thursday, November 17, 2022 City Council REGULAR Meeting Page 6 RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED ORD #2017
C. REPEAL AND REPLACE CHAPTER 10.32 SECTION 10.32.031 OF THE SEASIDE MUNICIPAL CODE AND ADDING A NEW SECTION 10.32.035
ESTABLISHING A FOUR HOUR TIME LIMIT AT CERTAIN CITY PARK PARKING LOTS. (FIRST READING - ROLL CALL VOTE)
Recreation Director, Dan Meewis presented the item and reviewed the following proposed amendments:
Sub-Section 10.32.031 Repealed and Replaced
Municipal Code Sub-Section 10.32.031 related to definitions repelled and restated to read as follows:
10.32.031 Overnight parking at Laguna Grande Park, Robert's Lake, Cutino Park, Oldemeyer Center, Seaside Community Center and Seaside City Hall parking lots.
A. Unlawful. It is unlawful for the operator of any vehicle to park said vehicle in Laguna Grande Park, Robert's Lake Park, Cutino Park, Oldemeyer Center, Seaside Community Center and the Seaside City Hall parking lot between the hours of nine p.m. and six a.m. Mondays through Sundays.
Sub-Section 10.32.035 Added
Municipal Code Sub-Section 10.32.035 added to read as follows:
10.32.035 Parking time limited at Laguna Grande Park, Robert's Lake, and Cutino Park.
A. When authorized signs are in place giving notice thereof, no person shall park any vehicle in the parking lots at Laguna Grande Park, Robert's Lake, or Cutino Park for a period longer than four hours on any day.
B. Exemptions. Persons participating in activities sponsored by the City of Seaside, or attending a permitted park rental, or City employees, or officials who are working or are on official City business are exempt from the provisions of sub-section A of this section.
There were no comments from the public.
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola the City Council/Successor Agency moved to adopt an ordinance to repeal and replace Chapter 10.32 Section 10.32.031 of the Seaside Municipal Code and add a new section 10.32.035 establishing a four-hour time limit at certain park parking lots. A second reading of the ordinance is required and will be conducted at a subsequent meeting.
Packet Page 26
Thursday, November 17, 2022 City Council REGULAR Meeting Page 7 RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: Second Reading to be held on December 1, 2022
Mayor/Chair Oglesby called for a recess break at 7:11 p.m., and the meeting resumed at 7:33 p.m.
D. ADOPT RESOLUTIONS FORMING A COMMUNITY FACILITY DISTRICT (CFD) TO PROVIDE FINANCING FOR VARIOUS PUBLIC FACILITIES AND
MUNICIPAL SERVICES, AUTHORIZING THE NECESSITY TO INCUR
INDEBTEDNESS AND CALLING FOR AN ELECTION; HOLD SPECIAL
ELECTION AND ADOPT RESOLUTION OF RESULTS OF SPECIAL
ELECTION; AND INTRODUCE AND WAIVE FIRST READING OF AN
ORDINANCE LEVYING SPECIAL TAXES WITHIN CITY OF SEASIDE
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FACILITIES AND
MAINTENANCE SERVICES) (FIRST READING - ROLL CALL VOTE)
City Attorney Sheri Damon provided a presentation and introduced consultants, Paul Thimming, (QT, LLP), and Sara Mares, (NBS Gov), to respond to questions from the Council.
Public comment: Peter Kaiser
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to adopt a Resolution of Formation of the CFD authorizing the levy of a special tax within the CFD.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-146
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to adopt a Resolution determining the necessity to incur indebtedness within the CFD.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard Packet Page 27
Thursday, November 17, 2022 City Council REGULAR Meeting Page 8 NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-147
On motion by Council/Agency Member Campbell and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution calling a special election within the CFD.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-148
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution declaring the results of the special election.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-149
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to introduce and waive the first reading of an ordinance levying special taxes within the CFD.
RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED ORD #2018
11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
Packet Page 28
Thursday, November 17, 2022 City Council REGULAR Meeting Page 9 There were no new requests received.
B. FOLLOW UP ON PREVIOUS REQUESTS
City Manager Fontes provided follow up on parking in parks, shopping carts, housing requests, and new parking program on Broadway.
12. CITY ATTORNEY, CITY MANAGER, MAYOR AND CITY COUNCIL COMMENTS
AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.
13. CLOSED SESSION
City Attorney Damon read the Closed Session items and did not anticipate any action to report.
There were no comments from the public.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 1272 Canyon Del Rey Blvd.
Agency Negotiators: City Manager, City Attorney, et. al Negotiating Parties: The Silva Trust, Jeff Davi, and City of Seaside Under Negotiation: Price, Terms of Payment, or Both
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 EXISTING LITIGATION
Petrovich Development Company, LLC v. City of Seaside, et al.
Monterey County Superior Court 21CV003630
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION
Potential Litigation (2 Matters)
Upon return from closed session, City Attorney Damon did not have any announcements to report.
14. ADJOURNMENT
With no further business, the meeting adjourned at 9:18 p.m.
Packet Page 29
Thursday, November 17, 2022 City Council REGULAR Meeting Page 10 Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 30