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Agenda packet

Seaside City Council
December 15, 2022

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Agenda packet
Meeting
December 15, 2022
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Seaside City Council
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1.2 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, December 15, 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 December 15, 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. BUSINESS ITEMS
A. ADOPT A RESOLUTION MAKING FINDINGS IN ACCORDANCE WITH AB361: HYBRID MEETINGS AND GOVERNMENT CODE SECTION 54953 (BROWN ACT) AUTHORIZING REMOTE/TELECONFERENCE

PARTICIPATION IN CITY MEETINGS
RECOMMENDATION: Adopt a resolution making findings under AB361 and Government Code section 54953(e) authorizing teleconference (Zoom) hybrid meetings
B. ADOPT A RESOLUTION RECITING THE RESULTS OF THE NOVEMBER 8, 2022 MUNICIPAL ELECTION AND CERTIFYING THE APPOINTMENT IN

LIEU OF ELECTION FOR THE OFFICES OF MAYOR AND CITY COUNCIL

MEMBERS
RECOMMENDATION: Adopt a resolution reciting the results of the November 8, 2022 Municipal Election and certifying the appointment of Ian N. Oglesby to the Packet Page 2
City Council REGULAR Meeting December 15, 2022 5:00 PM Agenda Page 3 Office of Mayor for a two-year term from 2022-2024, and Rita Burks and Alex Miller to the Office of City Council Member for four-year terms from 2022-2026.

7. PRESENTATIONS
A. PRESENTATION TO COUNCIL MEMBER JASON CAMPBELL FOR HIS YEARS OF SERVICE TO THE CITY COUNCIL FROM 2014-2022
B. PRESENTATION TO COUNCIL MEMBER JON WIZARD FOR HIS YEARS OF SERVICES TO THE CITY COUNCIL FROM 2018 - 2022

8. REFLECTIONS FROM THE CITY COUNCIL AND MEMBERS OF THE PUBLIC

9. OATH OF OFFICE AND INSTALLATION OF MAYOR AND COUNCIL

MEMBERS
A. RITA BURKS, COUNCIL MEMBER
B. ALEX MILLER, COUNCIL MEMBER
C. IAN N. OGLESBY, MAYOR
D. CITY COUNCIL COMMENTS

10. ROLL CALL - RECONSTITUTION OF THE CITY COUNCIL/SUCCESSOR AGENCY
Ian N. Oglesby
David R. Pacheco
Alexis Garcia-Arrazola
Rita Burks
Alex Miller
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member

11. NEW BUSINESS ITEMS
A. ADOPT A RESOLUTION APPROVING THE ANNUAL APPOINTMENTS TO LOCAL COMMITTEE ASSIGNMENTS FOR JANUARY 1, 2023 TO
DECEMBER 31, 2023
Packet Page 3
City Council REGULAR Meeting December 15, 2022 5:00 PM Agenda Page 4 RECOMMENDATION: Adopt a resolution confirming the Mayor's appointments of Mayor Pro Tempore and members of the City Council to represent the City of Seaside on local boards and committees for the year 2023.

12. ADJOURNMENT TO RECEPTION (CITY HALL - WALTER LEE AVERY

GALLERY)
Next Regularly Scheduled Meeting:

January 5, 2023
5:00 PM
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 4

CITY OF SEASIDE

STAFF REPORT
Item No.: 6.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: December 15, 2022
SUBJECT: ADOPT A RESOLUTION MAKING FINDINGS IN ACCORDANCE WITH AB361: HYBRID MEETINGS AND GOVERNMENT CODE
SECTION 54953 (BROWN ACT) AUTHORIZING

REMOTE/TELECONFERENCE PARTICIPATION IN CITY

MEETINGS

RECOMMENDATION
Adopt a resolution making findings under AB361 and Government Code section 54953(e) authorizing teleconference (Zoom) hybrid meetings

BACKGROUND
On or about March 4, 2020, Governor Newsom declared a State of Emergency in the State of California pursuant to Government Code Section 8625 as a result of the COVID19 pandemic and that declaration is ongoing. In the month of April 2022, Monterey County Health Officer reiterated the need for ongoing social distancing and masking due to a substantial increase in COVID infections. In the months of April through August 2022, the City of Seaside has observed an uptick in COVID cases by Seaside residents and City staff. Government Code Section 54953(e), authorizes remote teleconference meetings without complying with the notice requirements of 54953(b) and physical location of Council member participation, so long as the local agency has made appropriate findings and the state continues to be in a state of emergency.

FISCAL IMPACT
Zoom account and on-line services are already included in the budget.

ATTACHMENTS
Packet Page 5

Item No. 6.A. Page 2 of 2

1. AB361 Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 6
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

MAKING FINDINGS FOR AND AUTHORIZING REMOTE

TELECONFERENCE/ZOOM MEETINGS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54953(e)
WHEREAS, on or about March 4, 2020, Governor Newsom declared a State of Emergency in the State of California pursuant to Government Code section 8625 as a result of the COVID-19 pandemic and that declaration is ongoing; and WHEREAS, Government Code Section 54953(e), authorizes the remote teleconference meetings without complying with the noticing requirements of 54953(b) and physical location of Council member participation, so long as the local agency has made appropriate findings and the state continues to be in a state of emergency; and WHEREAS, the City Council now desires to adopt a Resolution finding that the requisite conditions exist for the legislative bodies of the City of Seaside, to conduct remote electronic/teleconference meetings without compliance with Government Code Section 54953(b)(3).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby makes the following findings:

1. The above recitals are true and correct and are incorporated herein by this reference.

2. The City Council determines that as a result of the proclaimed state of emergency in California due to COVID-19, and in particular the continued spread of the virus in Monterey County, the notable increase in COVID cases amongst City residents and City staff are grounds to authorize the use of remote teleconference participation pursuant to Government Code section 54953(e) when determined by the City to be necessary, in the conduct of the City’s business.

3. The City Manager and City Attorney shall ensure that all City bodies are authorized to conduct their meetings via the hybrid method, including in person and/or fully remote Zoom/teleconference meetings and are directed to take all steps to implement this Resolution including, but not limited to, conducting open and public remote meetings in accordance with the requirements of Government Code section 54953(e) and/or other applicable provisions of the Brown Act.

Packet Page 7
This Resolution shall take effect immediately upon its adoption and shall be effective for thirty (30) days, unless extended by the City Council.

PASSED AND ADOPTED by meeting of City of Seaside duly held on the 15th day of December, 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
Packet Page 8

CITY OF SEASIDE

STAFF REPORT
Item No.: 6.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: December 15, 2022
SUBJECT: ADOPT A RESOLUTION RECITING THE RESULTS OF THE NOVEMBER 8, 2022 MUNICIPAL ELECTION AND CERTIFYING

THE APPOINTMENT IN LIEU OF ELECTION FOR THE OFFICES

OF MAYOR AND CITY COUNCIL MEMBERS

RECOMMENDATION
Adopt a resolution reciting the results of the November 8, 2022 Municipal Election and certifying the appointment of Ian N. Oglesby to the Office of Mayor for a two-year term from 2022-2024, and Rita Burks and Alex Miller to the Office of City Council Member for four-year terms from 2022-2026.

BACKGROUND
On August 25, 2022, the City Council adopted Resolution No. 22-105, providing for the appointment of nominated City Officials as if elected at the November 8, 2022 municipal election and canceling the November 8, 2022 City of Seaside municipal election.

Pursuant to Elections Code Section 10229, the City Council determined that by appointing the officers as permitted, the City saved the cost associated with the Municipal Election in the amount of approximately $150,000.00.

The appointed officers shall take office at a regular City Council meeting after receipt of certification of the General Election from the Monterey County Elections Department.

The receipt of certification for the General Election was received from the Monterey County Elections Department on November 30, 2022.

The following persons were appointed to the office to which they were nominated:

Packet Page 9

Item No. 6.B. Page 2 of 2

NAME OFFICE TERM
Ian N. Oglesby Mayor 2022-2024
Rita Burks City Council Member 2022-2026
Alex Miller City Council Member 2022-2026

FISCAL IMPACT
None

ATTACHMENTS

1. Certificate of Registrar of Voters

2. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 10
Packet Page 11
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE ADOPT A RESOLUTION RECITING THE RESULTS OF THE NOVEMBER 8, 2022

MUNICIPAL ELECTION AND CERTIFYING THE APPOINTMENT IN LIEU OF

ELECTION FOR THE OFFICES OF MAYOR AND CITY COUNCIL MEMBERS WHEREAS, at the close of the nomination period of August 12, 2022, there are the exact total of candidates as offices to be elected at the November 8, 2022 Municipal Election; and
WHERAS, the City Council adopted to follow the course of action as prescribed in Government Code Section 36512 to appoint to the office the person who has been nominated; and
WHEREAS, the City Clerk certified to the passage and adoption of Resolution 22- 105; and
WHEREAS, the City Clerk transmitted a certified copy of Resolution 22-105 to the Monterey County Elections Department and the Board of Supervisors of Monterey County; and
WHEREAS, on September 13, 2022, certified the number of nominees did not exceed the number of offices required by law to be filled at the Election on November 8, 2022; and
WHEREAS, the Registrar of Voters requested the City Council to appoint the qualified persons, and take office and serve as exactly as if elected at a municipal election for office; and
WHEREAS, on November 30, 2022, the Monterey County Registrar of Voters certified the November 8, 2022 General Election appointing the following qualified persons as listed below:

NAME OFFICE TERM
Ian N. Oglesby Mayor 2022-2024
Rita Burks City Council Member 2022-2026
Alex Miler City Council Member 2022-2026
Packet Page 12
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside certify the appointment in lieu of election for the offices of Mayor and City Council Members.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 15th day of December 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
Packet Page 13

CITY OF SEASIDE

STAFF REPORT
Item No.: 11.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: December 15, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE ANNUAL

APPOINTMENTS TO LOCAL COMMITTEE ASSIGNMENTS FOR
JANUARY 1, 2023 TO DECEMBER 31, 2023

RECOMMENDATION
Adopt a resolution confirming the Mayor's appointments of Mayor Pro Tempore and members of the City Council to represent the City of Seaside on local boards and committees for the year 2023.

BACKGROUND
In addition to the duties on the City Council, the Mayor and Council members serve as the City’s representatives to outside agencies. City of Seaside participation in regional bodies and internal committees enables us to work toward achieving the City's strategic priorities. City staff may serve as alternates to some outside agencies or as the City’s representative on the agency or subcommittee.

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution

2. Exhibit A - 2023 Local Agency Assignments
Reviewed for Submission to the City Council by:

Packet Page 14

Item No. 11.A. Page 2 of 2
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 15
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE MODIFICATION OF THE ANNUAL APPOINTMENTS TO LOCAL COMMITTEE ASSIGNMENTS FOR JANUARY 1, 2023, TO DECEMBER 31, 2023 WHEREAS, annually, the Mayor considers City Council Member assignments to various commissions, boards, committees in special districts and organizations, joint powers authorities, and other agencies; and
WHEREAS, Mayor Oglesby considered the necessary annual appointments made recommendations for City Council member assignments to the various commissions, boards and committees in special districts and organizations, joint powers authorities and other agencies for January 1, 2023, to December 31, 2023; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside does hereby approve Mayor Oglesby’s recommendations for City Council Member assignments to various outside commissions, committees, and boards as listed in Exhibit A.

PASSED AND ADOPTED by meeting of City of Seaside duly held on the 15th day of December 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
Packet Page 16

SEASIDE CITY COUNCIL MEMBER LOCAL COMMITTEE ASSIGNMENTS January 1, 2023 –December 31, 2023
Item Committee Representative Alternate Date/Time

1. Seaside Groundwater Basin Watermaster Mayor Oglesby Mayor Pro Tem Pacheco 1st Wednesday, 2 p.m.

2. Monterey-Salinas
Transit District (MST) Mayor Pro Tem Pacheco Council Member GarciaArrazola 2nd Monday, 10 a.m.

3. Monterey One Water Council Member GarciaArrazola Mayor Oglesby Last Monday, 7 p.m.

4. North Salinas Mosquito Abatement District Jason Campbell Mayor Oglesby 2nd Tuesday, 12 noon

5. Seaside County Sanitation District Mayor Oglesby Mayor Pro Tem Pacheco 2nd Tuesday, 9:30 a.m.

6. Association of Monterey Bay Area
Governments (AMBAG) Council Member Miller Council Member Burks 2nd Wednesday, 7 p.m.

7. ReGen Monterey (Waste Management) Jason Campbell Council Member GarciaArrazola 3rd Friday, 9 a.m.

8. Monterey Peninsula Water Management
District (MPWMD):

Policy Advisory Committee
Current Mayor Mayor Pro Tem Called

9. Access Monterey Peninsula Board Council Member Burks Council Member Miller 3rd Monday at 5:00 p.m.

10. Community Human Services of Monterey
County JPA
Council Member GarciaArrazola Council Member Miller 3rd Thursday, 11:30 a.m.

11. Traffic Advisory Committee Mayor Pro Tem Pacheco Council Member Burks 3rd Tuesday, 5:00 p.m.

12. Transportation Agency of Monterey County
(TAMC) Mayor Oglesby Mayor Pro Tem Pacheco 4th Wednesday, 9 a.m.

13. Monterey Peninsula Unified School District
(MPUSD) & City of Seaside Trustees and City
Council Collaboration
Mayor Oglesby
Mayor Pro Tem Pacheco MPUSD Trustees Called

14. Laguna Grande Joint Powers Authority Mayor Pro Tem Pacheco Council Member Miller Called

15. California Joint Powers Insurance Group Council Member Miller Council Member Burks Called

16. Homeless Leadership Council Mayor Oglesby Council Member GarciaArrazola Called

17. Seaside Housing Non-Profit Cooperation Mayor & City Manager n/a TBD ATTEST: Per Resolution No. 22-XX ________________________________________ Dominique L. Davis, City Clerk
Packet Page 17

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