A G E N D A
CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, March 2, 2023
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 March 2, 2023 5:00 PM Agenda Page 2
1. CALL TO ORDER
2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Alexis Garcia-Arrazola
Rita Burks
Alex Miller
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member
3. INVOCATION AND PLEDGE OF ALLEGIANCE
4. REVIEW OF AGENDA
If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3-majority vote is required).
5. PUBLIC COMMENT
Members of the public wishing to address the City Council on matters within the jurisdiction of the City of Seaside, but not on this agenda, may do so during the Public Comment period for up to three (3) minutes. Public Comments for "Presentations" on this agenda are also taken at this time; comments on specific agenda items are heard under that item. For the public record, please state your name.
6. PUBLIC AGENCY COMMUNICATIONS
This is a time specifically set aside for representatives of public agencies to make brief comments of general interest to the City Council and the community.
7. PRESENTATIONS
A. PRESENTATION OF MAYOR'S KEY TO THE CITY AWARDED TO MELVIN T.
MASON (MAYOR IAN N. OGLESBY)
B. CENTRAL COAST COMMUNITY ENERGY ANNUAL PRESENTATION
(SOPHIA SCHWIRZKE, CUSTOMER ACCOUNTS MANAGER)
C. PRESENTATION OF THE FEBRUARY 2023 HOUSE OF THE MONTH (NEIGHBORHOOD IMPROVEMENT COMMISSION)
D. FAMILY AND COMMUNITY SUPPORT PROGRAM UPDATE (FAMILY &
COMMUNITY SUPPORT PRACTITIONER DERRICK ELDER)
Packet Page 2
City Council REGULAR Meeting March 2, 2023 5:00 PM Agenda Page 3 E. PRESENTATION OF THE ANNUAL INDEPENDENT AUDITOR'S REPORT (FINANCE DIRECTOR VICTOR DAMIANI)
F. CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS
8. CONSENT AGENDA
A. APPROVE MINUTES FROM FEBRUARY 16, 2023
RECOMMENDATION: Approve minutes as presented in the agenda packet.
B. 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, 2022
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, 2022.
C. ACCEPT AND FILE THE FISCAL YEAR ENDING JUNE 30, 2022 ANNUAL
COMPREHENSIVE FINANCIAL REPORT, THE GOVERNANCE LETTER AND
THE GANN LIMIT REPORT
RECOMMENDATION: Receive, and accept the June 30, 2022 Annual Comprehensive Financial Report, the Governance Letter and the Gann Limit Report for the City of Seaside.
D. APPROVE A PROCLAMATION RECOGNIZING RAMADAN FROM MARCH 22, 2023, TO APRIL 21, 2023
RECOMMENDATION: Approve a proclamation recognizing Ramadan in the City of Seaside, from sundown on March 22, 2023 to sundown on April 21, 2023.
E. APPROVE A FEE WAIVER FROM COMMUNITY HUMAN SERVICES FOR THE "2023 RECOVERY RUN - MEMORIAL FLAG EVENT AND NARCAN
DISTRIBUTION" ON THE SEASIDE CITY HALL LAWN ON MAY 6, 2023 RECOMMENDATION: Approve the fee waiver request from Community Human Services to hold the "2023 Recovery Run - Memorial Flag Event/Narcan Distribution on the City Hall Lawn in the amount of $267.75.
F. ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR CUTINO PARK IMPROVEMENTS PART 2 PHASE 1 PROJECT,
APPROPRIATING $495,000.00 FROM THE GENERAL FUND TO THE
PROJECT, AWARDING A CONSTRUCTION AGREEMENT TO GRANITE ROCK COMPANY FOR AN AMOUNT NOT TO EXCEED $1,251,353.50 AND A TOTAL
PROJECT CONSTRUCTION COST INCLUDING CONTINGENCY OF
$1,376,488.30
Packet Page 3
City Council REGULAR Meeting March 2, 2023 5:00 PM Agenda Page 4 RECOMMENDATION: Adopt a resolution approving the plans and specifications for Cutino Park Improvements Part 2 Phase 1 Project, appropriating $495,000.00 from the General Fund to the project, awarding a construction agreement to Granite Rock Company for an amount not to exceed $1,251,353.50, establishing a 10% contingency for a total project project construction amount of $1,376,488.30, and authorizing the City Manager to execute the construction agreement and any amendments, extensions, and change orders until completion of the project in accordance with the plans and specifications up to the total project construction amount.
G. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH RINCON CONSULTANTS, INC. TO PREPARE A
CALIFORNIA ENVIRONMENTAL QUALITY ACT INITIAL STUDY/
MITIGATED NEGATIVE DECLARATION FOR FIRE STATION NO. 2 PROJECT FOR AN AMOUNT NOT TO EXCEED $114,765.78, AND APPROPRIATING $126,242.36 TO THE PROJECT FROM THE GENERAL FUND
RECOMMENDATION: Adopt a resolution authorizing a professional services agreement with Rincon Consultants, Inc. to prepare a California Environmental Quality Act Initial Study/ Mitigated Negative Declaration for the Seaside Fire Station No. 2 Project for an amount not to exceed $114,765.78, and appropriating $126,242.36 to the Project from the General Fund.
H. ADOPT A RESOLUTION AUTHORIZING A BUDGET TRANSFER OF
$90,000.00 FROM THE NEIGHBORHOOD IMPROVEMENT COMMISSION (NIC) BUDGET TO THE FERNANDO PARK IMPROVEMENT PROJECT AND $20,000.00 FROM THE NEIGHBORHOOD IMPROVEMENT COMMISSION
TO PACHETTI DOG PARK AND MESCAL NEIL PARK
RECOMMENDATION: Adopt a resolution allocating $90,000.00 from the Neighborhood Improvement Commission budget to the Fernando Park Improvement Project, and $20,000.00 from the Neighborhood Improvement Commission budget to Pachetti Dog Park and Mescal Neil Park.
I. ADOPT A RESOLUTION AUTHORIZING THE AMENDMENT AND
RESUBMITTAL OF THE 2020 HOUSING ELEMENT ANNUAL PROGRESS
REPORT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE GOVERNOR'S OFFICE OF
PLANNING AND RESEARCH
RECOMMENDATION: Adopt a resolution authorizing the amendment and resubmittal of the 2020 Housing Element Annual Progress Report to the California Department of Housing and Community Development and the Governor's Office of Planning and Research, as proposed.
J. CONSIDER THE TRAFFIC ADVISORY COMMITTEE RECOMMENDATION TO DENY EXEMPTION TO 2-HOUR PARKING RULES ON SANTA BARBARA STREET FOR EMPLOYEES OF OTHER BROTHER BEER CO.
RECOMMENDATION: Deny the request for exemption to 2-hour parking rules on Santa Barbara Street for employees of Other Brother Beer Co.
Packet Page 4
City Council REGULAR Meeting March 2, 2023 5:00 PM Agenda Page 5 K. AUTHORIZE THE CITY ATTORNEY TO SUBMIT AN ONLINE PUBLIC
COMMENT TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC)
ON BEHALF OF THE CITY OF SEASIDE IN CALIFORNIA PUBLIC UTILITIES COMMISSION PROCEEDING A-2111024 REQUESTING THAT THE CPUC
COMPEL CALIFORNIA-AMERICAN WATER COMPANY (CAL- AM) TO
EXECUTE THE AMENDED AND RESTATED WATER PURCHASE AGREEMENT
WITH MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (NOT A PROJECT UNDER CEQA PER ARTICLE 20, SECTION 15378 AND GENERAL RULE ARTICLE 5 SECTION 15061)
RECOMMENDATION: Authorize the City Attorney to submit the attached letter as an online public comment to the California Public Utilities Commission (CPUC) Public Comment to the California Public Utilities Commission (CPUC) on Behalf of the City of Seaside in California Public Utilities Commission Proceeding A-2111024 Requesting that the CPUC Compel California-American Water Company (Cal- Am) to Execute the Amended and Restated Water Purchase Agreement with Monterey Peninsula Water Management District.
L. ADOPT A RESOLUTION TERMINATING THE PROCLAMATIONS OF LOCAL EMERGENCY AND RELATED COVID-19 RESOLUTIONS AND ORDINANCES RECOMMENDATION: Adopt a resolution to terminate the local emergency and related COVID-19 resolutions and ordinances.
M. ADOPT A RESOLUTION ADDING THE CLASSIFICATION OF PROJECT
MANAGER TO THE CLASSIFICATION PLAN AND MODIFYING THE
POSITION ALLOCATION LIST
RECOMMENDATION: Adopt a resolution adding the classification of Project Manager to the Classification Plan and modifying the Position Allocation List.
9. PUBLIC HEARING
A. ADOPT AN ORDINANCE APPROVING THE PART-TIME (REGULAR,
TEMPORARY, AND SEASONAL) DEFINITION AND CLASSIFICATION TO
MONITOR THE ALLOWED NUMBER OF HOURS WORKED PER FISCAL
YEAR (SECOND READING - ROLL CALL VOTE)
RECOMMENDATION: Second reading of an ordinance on defining part-time classifications (regular and temporary/seasonal part-time) and maximum hours worked, per fiscal year.
B. ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING ORDINANCE OF THE SEASIDE MUNICIPAL CODE MODIFYING SECTION 17.52.230
(ACCESSORY DWELLING UNITS) TO IMPLEMENT RECENT HOUSING
BILLS - THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DOES NOT
APPLY (SECOND READING - ROLL CALL VOTE)
RECOMMENDATION: Second reading of an ordinance amending title 17 (Zoning Ordinance of the Seaside Municipal Code modifying Section 17.52.230 (Accessory Packet Page 5
City Council REGULAR Meeting March 2, 2023 5:00 PM Agenda Page 6 Dwelling Units) to implement recent housing bills. CEQA does not apply pursuant to Public Resources Code Section 21080.17.
C. ADOPT A RESOLUTION ADOPTING THE INITIAL STUDY AND NEGATIVE
DECLARATION AND APPROVING THE BROADWAY AVENUE COMPLETE
STREETS PROJECT
RECOMMENDATION: Open a public hearing to accept public comment on the Initial Study/ Negative Declaration prepared for the Broadway Avenue Complete Streets Project; adopt the Initial Study and Negative Declaration under the California Environmental Quality Act; and approve the Project.
10. BUSINESS ITEMS
A. ADOPT A RESOLUTION ACCEPTING THE ANNUAL MID-YEAR FINANCIAL
REPORT AND ADOPTING PROPOSED CHANGES TO THE BUDGET OF THE CITY OF SEASIDE FOR THE FISCAL YEAR 2022-2023
RECOMMENDATION: Adopt a resolution accepting the annual mid-year financial report and adopting proposed changes to the budget for the Fiscal Year 2022- 2023.
B. ADOPT A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE 2022
HOUSING ELEMENT ANNUAL PROGRESS REPORT TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND THE GOVERNOR'S OFFICE OF PLANNING AND RESEARCH.
RECOMMENDATION: Adopt a resolution authorizing the submittal of the 2022 Housing Element Annual Progress Report to the California Department of Housing and Community Development and the Governor's Office of Planning and Research, satisfying the reporting requirements of Government Code section 65400.
11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
B. FOLLOW UP ON PREVIOUS COUNCIL MEMBER REQUESTS
1. Explore options for vacant buildings in the downtown area on Broadway Avenue; and 2. Discuss the option of establishing a new City Commission (Miller)
12. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR
COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
This is a time specifically set aside for members of the City Council, the City Manager and City Attorney to make brief comments of general interest to the community and report on committee assignments.
13. CLOSED SESSION
Pursuant to Government Code Section 54956 et seq., the City Council and Successor Packet Page 6
City Council REGULAR Meeting March 2, 2023 5:00 PM Agenda Page 7 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. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Potential Litigation (2 Matters)
14. ADJOURNMENT
Next Regularly Scheduled Meeting:
MARCH 16, 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 7
DRAFT MINUTES
CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, February 16, 2023
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: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco 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
George Riley, Lynda Cunningham, Karla Lobo, Ann Marie Pagan, Ruthie Watts
6. PUBLIC AGENCY COMMUNICATIONS
Monterey Peninsula Water Management District Director (Division 2) George Riley – provided an update about upcoming action regarding a feasibility study for 2018’s “Measure J”.
A. DANIELLE PATTERSON, HEAD OF SCHOOL AT CHARTWELL SCHOOL Ms. Patterson introduced herself to the Council and provided two introductory videos about Chartwell School.
View Video 1
View Video 2
B. BARBARA NITIS, PUBLIC INFORMATION OFFICER, U.S. SMALL
BUSINESS ADMINISTRATION - OFFICE OF DISASTER RECOVERY AND
RESILIENCE
Ms. Nitis provided information to the Council about the U.S. Small Business Administration disaster loans.
Packet Page 8
Thursday, February 16, 2023 City Council REGULAR Meeting Page 2
7. PRESENTATIONS
A. PRESENTATION RECOGNIZING THE FIRST WALK OF FAME AD-HOC
COMMITTEE (ASSISTANT CITY MANAGER ASHLEY COLLICK)
City Clerk Dominique Davis introduced the item and Mayor Oglesby presented certificates to each of the Broadway Ave Walk of Fame Ad-Hoc Committee members.
Chair Annalisa Mitchell provided remarks about the work of the Committee, and Franco Pacheco, Emerson Brown, Ruthie Watts, Jeanette Walton, Bobby Maxwell, Joy Anderson were present to accept their certificates. Francoise Avery and Gracie Rubio were honored in their absence.
B. PRESENT PROCLAMATION ACKNOWLEDGING FIREFIGHTER JOSH
SISNEROS AS 2022 FIREFIGHTER OF THE YEAR AND KENDALL EMERICK AS 2022 RESERVE FIREFIGHTER OF THE YEAR (FIRE CHIEF MARY
GUTIERREZ)
Chief Gutierrez presented the awards and Mayor Oglesby read the proclamations acknowledging each awardee.
C. PRESENT PROCLAMATION ACKNOWLEDGING DAVID DILLON AS 2022 POLICE OFFICER OF THE YEAR, AND CURTIS OLIVARES AS 2022
COMMUNITY SUPPORT SERVICES PERSONNEL OF THE YEAR (POLICE
CHIEF NICHOLAS BORGES)
Chief Borges presented the awards and Mayor Oglesby read the proclamation acknowledging each awardee.
D. POLICE DEPARTMENT ANNUAL CRIME REPORT (POLICE CHIEF
NICHOLAS BORGES)
Chief Borges provided the presentation and responded to questions from Council.
E. RECEIVE PRESENTATION REGARDING REQUESTED MODIFICATIONS TO
THE CONCEPUTAL FIRE STATION MURAL DESIGNED BY LA NETA
MURALS (RECREATION SUPERVISOR KEE HYON HIGGINS)
Mr. Higgins provided the presentation and responded to questions from Council with the artist group La Neta Murals.
F. UPCOMING CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS (ASSISTANT CITY MANAGER ASHLEY COLLICK)
Mr. Higgins provided a presentation of upcoming events and announcements.
G. REVIEW OF THE CITY COUNCIL PRIORITIES ESTABLISHED ON NOVEMBER 21, 2022, STRATEGIC PLANNING RETREAT, AND THE 2023- 2025 STRATEGIC PLAN (CITY CLERK DOMINIQUE DAVIS)
Packet Page 9
Thursday, February 16, 2023 City Council REGULAR Meeting Page 3 City Manager Fontes introduced the item and Perla Rodriguez, Voler Strategic Advisors provided a consultants perspective of the work that was done, and Ms.
Davis provided an overview of the work plan and next steps to the Council.
8. CONSENT AGENDA
Mayor/Chair Oglesby read the Consent Agenda items. There were no comments from the public.
On motion by Council/Agency Member Miller and second by Mayor Pro Tem/Vice Chair Member Pacheco, and carried by the following vote, the City Council/Successor Agency moved to approve the consent agenda as presented.
RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM JANUARY 30, 2023 SPECIAL MEETING ACTION: Approved
B. APPROVE PROCLAMATION CELEBRATING MARCH AS WOMEN'S
HISTORY MONTH
ACTION: Approved
C. APPROVE PROCLAMATION CELEBRATING MARCH AS IRISH AMERICAN
HERITAGE MONTH
ACTION: Approved
D. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$3,000.00 FROM THE SEASIDE HIGH SCHOOL GIRLS BASKETBALL
PROGRAM
ACTION: Approved
E. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE
AGREEMENT WITH WALLACE GROUP FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE CUTINO PARK
IMPROVEMENTS PART 2 PHASE 1 PROJECT FOR AN AMOUNT NOT TO EXCEED $189,914.00
ACTION: Adopted Reso #23-31
F. ADOPT A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CITY
OF MONTEREY TO PROVIDE INSTALLATION SUPPORT SERVICES TO THE
ARMY WITHIN SEASIDE CITY LIMITS, AND AUTHORIZING THE
WITHDRAWAL FROM AND TERMINATION OF THE PRESIDIO PUBLIC
Packet Page 10
Thursday, February 16, 2023 City Council REGULAR Meeting Page 4
WORKS AGENCY
ACTION: Adopted Reso #23-32
G. ADOPT A RESOLUTION AUTHORIZING A MAINTENANCE SERVICES
AGREEMENT WITH HOPE SERVICES IN AN AMOUNT NOT TO EXCEED $137,046.00
ACTION: Adopted Reso #23-33
H. ADOPT A RESOLUTION ACCEPTING A DONATION OF PLAYGROUND EQUIPMENT FOR FERNANDO PARK FROM FRIENDS OF SEASIDE PARKS;
AMENDING THE CAPITAL PROGRAM TO INCLUDE THE FERNANDO PARK IMPROVEMENT PROJECT; APPROPRIATING A BUDGET OF $80,000.00 TO THE PROJECT FROM GENERAL FUND; AND AUTHORIZING A
PROFESSIONAL SERVICES AGREEMENT WITH WHITSON ENGINEERS
FOR AN AMOUNT NOT TO EXCEED $42,770.00 FOR THE PROJECT
ACTION: Adopted Reso #23-34
I. ADOPT RESOLUTIONS INDUCTING COLONEL ALFRED P. GLOVER, SR, DR. BETTYE J. LUSK, MAYOR JERRY SMITH (POSTHUMOUSLY), CARLOS
RAMOS (POSTHUMOUSLY), RUTHIE WATTS AND HELEN RUCKER INTO
THE BROADWAY AVE WALK OF FAME
ACTION: Adopted Reso #23-35, 23-36, 23-37, 23-38, 23-39, and 23-40
9. PUBLIC HEARING
A. FIRST READING OF AN ORDINANCE APPROVING THE PART-TIME (REGULAR, TEMPORARY, AND SEASONAL) DEFINITION AND
CLASSIFICATION TO MONITOR THE ALLOWED NUMBER OF HOURS
WORKED PER FISCAL YEAR (FIRST READING - ROLL CALL VOTE) Human Resources Analyst, Samantha Alcaraz Sakhrani presented the item and reviewed the proposed amendments that would result in the ability to monitor hours work and assist the City in containing pension costs.
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 defining part-time classifications (regular and temporary/seasonal parttime) and maximum hours worked, per fiscal year. A second reading of the ordinance is required and will be conducted at a subsequent meeting.
RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
Packet Page 11
Thursday, February 16, 2023 City Council REGULAR Meeting Page 5 NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: Second Reading to be held on March 2, 2023
B. FIRST READING OF AN ORDINANCE AMENDING TITLE 17 (ZONING
ORDINANCE OF THE SEASIDE MUNICIPAL CODE MODIFYING SECTION
17.52.230 (ACCESSORY DWELLING UNITS) TO IMPLEMENT RECENT
HOUSING BILLS - THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
DOES NOT APPLY (FIRST READING - ROLL CALL VOTE)
Economic Development and Community Planning Manager, Andrew Myrick presented the item and responded to questions from the Council. The significant changes noted by the amendment included Modified Height Limitations (Section 17.52.230(G)(2)); Added Definition of “Exempt ADU” (17.52.230(F)); Defines Projects which are not subject to most Zoning regulations; Implements Government Code Section 65852.2(e); Added Definition of “Utility ADU” (Multiple Sections); Clarifies applicability of various codes to ADUs; Implements Gov. Code Section 65852.2(c)(2)(C); and Added clarification that Codes are in addition to Building and Fire Codes for all ADU applications; Relocated language prohibiting short-term rentals and separate sales of ADUs to clarify applicability of requirements to Exempt ADUs.
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 amend Title 17 (Zoning Ordinance of the Seaside Municipal Code modifying Section 17.52.230 (Accessory Dwelling Units) to implement recent housing bills. A second reading of the ordinance is required and will be conducted at a subsequent meeting.
RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: Second Reading to be held on March 2, 2023
10. BUSINESS ITEMS
A. APPROVE AND ACCEPT A BID NOT TO EXCEED $105,650.00 (YEAR 1) TO
PURCHASE FLOCK SAFETY LICENSE PLATE READER CAMERAS AND SHOT DETECTION WITH AN ANNUAL RENEWAL COST OF $90,000.00 AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO A TWO-YEAR
RENEWAL AGREEMENT WITH FLOCK SAFETY
Police Chief Nicholas Borges provided the presentation and responded to questions from the Council. The goals were noted as an increase response time, increase case Packet Page 12
Thursday, February 16, 2023 City Council REGULAR Meeting Page 6 solvability, deter violent crime, investigate in an objective manner (remove human bias), regional approach to crime solving, and be transparent through community dashboard and policy / police response & community engagement.
PUBLIC COMMENT: Robert Daniel, Ann Marie Pagan, Lynda Cunningham, unidentified speaker, Amir Chapel, Peter Kaiser, Karla Lobo
On motion by Council/Agency Member Miller and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to approve the purchase of Flock Safety License Plate Reader cameras and shot detection, not to exceed $105,650.00 and authorize the City Manager to enter into a two-year renewal agreement to maintain the program, not to exceed $90,000.00 (annually).
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: Adopted Reso #23-41
B. RECEIVE UPDATE ON THE PAVEMENT MANAGEMENT PROGRAM
REPORT, AND ADOPT A RESOLUTION APPROVING A 5 YEAR PAVEMENT REHABILITATION POLICY AND STREET LIST FOR THE FY 2022/23
PAVEMENT REHABILITATION PROJECT
Public Works Director/Engineer Nisha Patel introduced Joe Ririe, Pavement Engineering, Inc. whom provided the presentation and responded to questions from the Council.
PUBLIC COMMENT: Lynda Cunningham, LisAnne Sawhney, Peter Kaiser, Karla Lobo On motion by Council/Agency Member Miller and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to approve a 5 Year Pavement Rehabilitation Policy and approve a street list for the FY 2022/23 Pavement Rehabilitation Project.
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: Adopted Reso #23-42
C. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH WALLACE GROUP TO
EVALUATE ADDITIONAL LOCATIONS IN THE WELL SITING STUDY FOR AN AMOUNT NOT TO EXCEED $94,046.00
Packet Page 13
Thursday, February 16, 2023 City Council REGULAR Meeting Page 7 Public Works Director/Engineer Nisha Patel provided the presentation and responded to questions from the Council.
PUBLIC COMMENT: LisAnne Sawhney, Peter Kaiser
On motion by Council/Agency Member Miller and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to authorize the City Manager to execute an amendment to the professional services agreement with Wallace Group to evaluate additional locations in the well siting study for an amount not to exceed $94,046.00.
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: Adopted Reso #23-43
D. CONSIDER ADOPTION OF A RESOLUTION GRANTING OR DENYING
CONSENT TO THE CITY OF MONTEREY TO RENEW THE MONTEREY
COUNTY TOURISM IMPROVEMENT DISTRICT (MCTID) AND INCLUDE
THE CITY OF SEASIDE IN THE MCTID
City Manager Fontes provided an introduction to the item and introduced Rob O’Keefe, President & CEO of Monterey County Convention & Visitors Bureau provided the presentation and responded to questions from the Council.
PUBLIC COMMENT: Todd Fisher, Kevi Ellis, LisAnne Sawhney, Amrish Patel, Mitchel Sawhney
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 grant consent to the City of Monterey to renew the MCTID, and include the City of Seaside in the MCTID.
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco
NOES: Miller
ABSTAIN: None
ABSENT: None
ACTION: Adopted Reso #23-44
At 11:48 p.m. Mayor Oglesby called for a motion to extend the meeting in order to adjourn, and the remainder of the items would be addressed at a future meeting and the closed session items would be a one on one briefing with the City Attorney for each Council Member.
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Thursday, February 16, 2023 City Council REGULAR Meeting Page 8
11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
B. FOLLOW UP ON PREVIOUS COUNCIL MEMBER REQUESTS
12. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR COMMENTS
AND REPORTS ON COMMITTEE ASSIGNMENTS
13. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 - EXISTING LITIGATION
Committee for Sound Water and Land Development v. City of Seaside, et al.
Monterey County Superior Court
Case No. 20CV002326
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Potential Litigation (2 Matters)
14. ADJOURNMENT
The meeting adjourned at 12:02 a.m.
Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.B.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Jessica Riley, Assistant Finance Director
DATE: March 2, 2023
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, 2022
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, 2022.
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 2022-2023 2nd quarter beginning October 1, 2022, and ending December 31, 2022.
The December 31, 2022 report shows that approximately 99.5% of the portfolio is City of Seaside funds and 0.5% is Successor Agency Funds. 45% of the funds are invested in the Local Agency Investment Fund with the State of California.
FISCAL IMPACT
None.
ATTACHMENTS
1. LAIF Program Description
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Item No. 8.B. Page 2 of 2
2. LAIF Quarterly Apportionment Rates
3. PMIA Performance Report 20221231
4. Quarterly Investment Exhibits - 2Q quarter ended 12-31-22 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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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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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
Home | Open Government | Careers | Contact | Calendar
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Home | Comments | Disclosure Notice | Privacy Notice | Accessibility Statement | Unclaimed Property | Site Map | Download Adobe Reader © 2023 California State Treasurer's Office
March June September December
2017 0.78 0.92 1.07 1.20
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
2022 0.32 0.75 1.35 2.07
*Revised 7/21/2020 per State Controller’s Office
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January 2.425
December 2.173
November 2.007
PMIA Quarter to Date(1): 1.98
PMIA Average Life 287 (1):
LAIF Apportionment Rate 2.07 (2):
0.00005680946709337
0.981389258
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 2.29
Treasuries
65.92%
Agencies
21.08%
Certificates of
Deposit/Bank Notes
6.24%
Time
Deposits
2.50%
Commercial
Paper
3.85%
Corporate
Bonds
0.23%
Loans
0.18%
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 02/15/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/22
Chart does not include $3,323,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
01/31/23
$206.0 billion
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Exhibit A
DESCRIPTION INSTITUTION VALUATION AMOUNT
LAIF - City Funds State Treasurer Market $ 23,731,963.50 General Checking Bank of West Market $ 18,418,132.83
Money Market Bank of West Market $ 6,701,264.63
2022 Lease Escrow Account Webster Bank Market $ 455,926.45 PARS Retirement Account US Bank Market $ 17,072.64
York Tail Claims Bank of America Market $ 29,809.20
Bond 2018 Cutino Reserve account US Bank Market $ 1,028,732.84 Bond 2018 Measure X Reserve account US Bank Market $ 1,238,860.68 Bond 2014 Reserve account US Bank Market $ 46.52
Bond 2006 Reserve & Installment accounts US Bank Market $ 443,938.70 Pension Obligation Bond Program Reserve account Wells Fargo Bank Market $ 769,721.66 Total $ 52,835,469.65
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,
Jaime Fontes
City Manager
CITY OF SEASIDE and THE SUCCESSOR AGENCY
SUMMARY OF POOLED CASH AND INVESTMENTS
AS OF DECEMBER 31, 2022
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Exhibit B
Book % of Market
Yield Value Total Value
Investments
State Treasurer LAIF - City Account 0.68% 23,731,963.50 45.31% 23,731,963.50 Checking Account
Bank of West - General Checking 0.00% 18,418,132.83 35.16% 18,418,132.83 Bank of West - Money Market 0.62% 6,701,264.63 12.79% 6,701,264.63 Webster Bank - 2022 Lease 0.18% - 0.00% 455,926.45
PARS Retirement Account 1.59% 17,072.64 0.03% 17,072.64 Bank of America-York Checking 0.00% 29,809.20 0.06% 29,809.20 US Bank - Cutino Revenue 2018 Bonds
Installment Payment, Reserve 0.00% 1,028,732.84 1.96% 1,028,732.84 US Bank - Measure X Revenue 2018 Bonds
Installment Payment, Reserve 0.00% 1,238,860.68 2.37% 1,238,860.68 US Bank - Redevelopment Agency Merged Area Refunding 2014 Bonds Installment Payment, Reserve ##### 46.52 0.00% 46.52
US Bank - Golf Course 2006 Bonds
Installment Payment, Reserve 0.00% 443,938.70 0.85% 443,938.70 US Bank - PNC Equipment Lease Escrow Account 0.00% - 0.00% - Wells Fargo Bank
Pension Obligation Bond Program Reserve Account 1.33% 769,721.66 1.47% 769,721.66 Total Cash and Investments 100.00% 52,379,543.20 52,835,469.65 CITY OF SEASIDE and THE SUCCESSOR AGENCY
SUMMARY OF POOLED CASH AND INVESTMENTS
AS OF DECEMBER 31, 2022
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Exhibit C
ACCOUNT BEGINNING EXPENDED or INTEREST ENDING
INSTITUTION STATUS BALANCE DEPOSITED TRANSFERRED EARNED BALANCE
INVESTMENTS
LAIF - City OPEN $ 23,651,486.19 - 80,477.31 $ 23,731,963.50
CHECKING ACCOUNT
Bank of West - General Checking OPEN $ 20,155,638.87 14,905,713.75 16,643,219.79 $ 18,418,132.83 Bank of West - Payroll Checking OPEN $ - 7,018,928.95 7,018,928.95 $ - Bank of West - Money Market OPEN $ 6,680,699.97 - - 20,564.66 $ 6,701,264.63 Webster Bank - 2022 Lease OPEN $ - 483,566.25 27,841.75 201.95 $ 455,926.45 PARS Retirement Account OPEN $ 20,782.65 8,040.00 11,899.24 149.23 $ 17,072.64 York Tail Claims OPEN $ 20,021.90 16,170.03 6,382.73 - $ 29,809.20
BOND RESERVE ACCOUNT - HELD BY TRUSTEES
Bond 2018 Cutino Accounts - Reserve, Interest OPEN $ 1,028,721.02 87,183.05 87,184.39 13.16 $ 1,028,732.84 Bond 2018 Meas X Accounts - Reserve, Interest OPEN $ 1,238,846.52 197,347.97 197,350.01 16.20 $ 1,238,860.68 Bond 2014 Accounts - Reserve, Interest OPEN $ 46.24 36.11 36.11 0.28 $ 46.52 Bond 2006 Accounts - Reserve, Installment OPEN $ 339,564.52 104,369.61 - 4.57 $ 443,938.70 Wells F Pension Obligation Bond Prog-Reserve Acct. OPEN $ 822,477.84 57,993.30 115,986.60 5,237.12 $ 769,721.66 $ 53,958,285.72 22,879,349.02 24,108,829.57 106,664.48 $ 52,835,469.65 CITY OF SEASIDE and THE SUCCESSOR AGENCY
CASH AND INVESTMENT ACTIVITY REPORT FOR THE PERIOD
OCTOBER 1, 2022 THROUGH DECEMBER 31, 2022
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.C.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Victor Damiani, Finance Director
DATE: March 2, 2023
SUBJECT: ACCEPT AND FILE THE FISCAL YEAR ENDING JUNE 30, 2022
ANNUAL COMPREHENSIVE FINANCIAL REPORT, THE
GOVERNANCE LETTER AND THE GANN LIMIT REPORT
RECOMMENDATION
Receive, and accept the June 30, 2022 Annual Comprehensive Financial Report, the Governance Letter and the Gann Limit Report for the City of Seaside.
BACKGROUND
The City of Seaside’s Annual Comprehensive Financial Report for the year ending June 30, 2022 is complete and audited. The auditors have given the City a clean opinion on the financial statements.
A copy of the City's Report is attached to this agenda item. Also attached are the Gann Limit Report and the Governance Letter.
The firm of Maze and Associates, from Pleasant Hill, California performed the City’s audit for the year ending June 30, 2022. They will make a presentation at the March 2, 2023 meeting and will be available to answer questions.
The City's Finance Director will provide a brief presentation on the financial results presented in the Annual Comprehensive Financial Report.
FISCAL IMPACT
The cost of the annual audit is included in the annual budget.
ATTACHMENTS
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Item No. 8.C. Page 2 of 2
1. Seaside FY22 ACFR FINAL
2. Seaside GANN FY22
3. Governance Letter_FY22
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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March 2, 2023
City Council Regular Meeting
CLICK LINK TO ACCESS
Item 8C – Attachment 1
Annual Comprehensive Financial Report
For Fiscal Year Ended June 30, 2022
Hard Copy Available for Review at City Clerk’s Office
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INDEPENDENT ACCOUNTANT’S REPORT ON
APPLYING AGREED UPON PROCEDURES FOR
COMPLIANCE WITH THE PROPOSITION 111
2021-2022 APPROPRIATIONS LIMIT INCREMENT
Honorable Mayor and Members of the City Council
City of Seaside, California
We have performed the procedures enumerated below on the Appropriations Limit Worksheet (Worksheet) of the City of Seaside, California, for the year ended June 30, 2022. The City’s management is responsible for the Worksheet.
The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of these procedures, which were suggested by the League of California Cities and presented in their Article XIIIB Appropriations Limitation Uniform Guidelines, were performed solely to assist you in meeting the requirements of Section 1.5 of Article XIIIB of the California Constitution. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.
The procedures and associated findings are as follows:
A. We obtained the Worksheet and determined that the 2021-2022 Appropriations Limit of $37,425,309 and annual adjustment factors were adopted by Resolution of the City Council. We also determined that the population and inflation options were selected by a recorded vote of the City Council.
B. We recomputed the 2021-2022 Appropriations Limit by multiplying the 2020-2021 Prior Year Appropriations Limit by the Total Growth Factor. We recomputed the Total Growth Factor by multiplying the population option by the inflation option.
C. For the Worksheet, we agreed the Per Capita Income Factor, City Population Factor and County Population Factor to California State Department of Finance Worksheets.
We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the Worksheet.
Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.
We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.
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This report is intended solely for the information and use of management and the City Council and is not intended to be and should not be used by anyone other than those specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record.
Pleasant Hill, California
January 13, 2023
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CITY OF SEASIDE, CALIFORNIA
REQUIRED COMMUNICATIONS
FOR THE YEAR ENDED JUNE 30, 2022
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CITY OF SEASIDE, CALIFORNIA
REQUIRED COMMUNICATIONS
For the Year Ended June 30, 2022
Table of Contents
Page
Required Communications ............................................................................................................................... 1 Significant Audit Matters:
Qualitative Aspects of Accounting Practices .................................................................................. 1 Difficulties Encountered in Performing the Audit .......................................................................... 3 Corrected and Uncorrected Misstatements ...................................................................................... 3 Disagreements with Management .................................................................................................... 3 Management Representations ........................................................................................................... 3 Management Consultations with Other Independent Accountants ................................................ 3 Other Audit Findings or Issues ......................................................................................................... 4 Other Matters ........................................................................................................................................... 4 Packet Page 32
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REQUIRED COMMUNICATIONS
To the City Council of
the City of Seaside, California
We have audited the basic financial statements of the City of Seaside (City) for the year ended June 30, 2022. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our engagement letter to you dated August 1, 2022. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Accounting Policies - Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted, and the application of existing policies was not changed during the year, except as follows:
GASB 87 – Leases
The objective of this Statement is to better meet the information needs of financial statement users by improving accounting and financial reporting for leases by governments. This Statement increases the usefulness of governments’ financial statements by requiring recognition of certain lease assets and liabilities for leases that previously were classified as operating leases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract. It establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. Under this Statement, a lessee is required to recognize a lease liability and an intangible right-to-use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources, thereby enhancing the relevance and consistency of information about governments’ leasing activities.
A lease is defined as a contract that conveys control of the right to use another entity’s nonfinancial asset (the underlying asset) as specified in the contract for a period of time in an exchange or exchange-like transaction. Examples of nonfinancial assets include buildings, land, vehicles, and equipment. Any contract that meets this definition should be accounted for under the leases guidance, unless specifically excluded in this Statement.
The pronouncement became effective, and as disclosed in Note 3G(4) to the financial statements. 1 Packet Page 34
Unusual Transactions, Controversial or Emerging Areas - We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting Estimates - Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were:
Estimated Net Pension Liabilities and Pension-Related Deferred Outflows and Inflows of Resources: Management’s estimate of the net pension assets and liabilities and deferred outflows/inflows of resources are disclosed in Note 4A to the financial statements and are based on accounting evaluations determined by the California Public Employees Retirement system and by actuarial studies determined by a consultant, which are based on the experience of the City.
We evaluated the key factors and assumptions used to develop the estimate and determined that it is reasonable in relation to the basic financial statements taken as a whole.
Estimated Total OPEB Liability and OPEB-Related Deferred Outflows and Inflows of Resources:
Management’s estimate of the total OPEB Liability is disclosed in Note 4B to the financial statements and is based on an actuarial study determined by a consultant, which is based on the experience of the City. We evaluated the key factors and assumptions used to develop the estimate and determined that it is reasonable in relation to the basic financial statements taken as a whole.
Estimated Fair Value of Investments: As of June 30, 2022, the City held approximately $72.6 million of cash and investments as measured by fair value as disclosed in Note 3 to the financial statements. Fair value is essentially market pricing in effect as of June 30, 2022. These fair values are not required to be adjusted for changes in general market conditions occurring subsequent to June 30, 2022.
Estimate of Depreciation: Management’s estimate of the depreciation is based on useful lives determined by management. These lives have been determined by management based on the expected useful life of assets as disclosed in Note 1D(3) to the financial statements. We evaluated the key factors and assumptions used to develop the depreciation estimate and determined that it is reasonable in relation to the basic financial statements taken as a whole.
Estimate of Compensated Absences: Accrued compensated absences which are comprised of accrued vacation, holiday, and certain other compensating time is estimated using accumulated unpaid leave hours and hourly pay rates in effect at the end of the fiscal year as disclosed in Note 1D(4) to the financial statements. We evaluated the key factors and assumptions used to develop the accrued compensated absences and determined that it is reasonable in relation to the basic financial statements taken as a whole.
Estimated Claims Liabilities: Management’s estimate of the claims liabilities payable is disclosed in Note 4C to the financial statements and is based on the claims experience of the City.
We evaluated the key factors and assumptions used to develop the estimate and determined that it is reasonable in relation to the basic financial statements taken as a whole. 2 Packet Page 35
Disclosures - The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. We did not propose any audit adjustments that, in our judgment, could have a significant effect, either individually or in the aggregate, on the City’s financial reporting process.
Professional standards require us to accumulate all known and likely uncorrected misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. We have no such misstatements to report to the City Council.
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in a management representation letter dated January 13, 2023.
Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
3 Packet Page 36
Other Matters
We applied certain limited procedures to the required supplementary information that accompanies and supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the required supplementary information and do not express an opinion or provide any assurance on the required supplementary information.
We were engaged to report on the supplementary information that accompanies the financial statements, but is not required supplementary information. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.
We were not engaged to report on the Introductory and Statistical sections which accompany the financial statements, but are not required supplementary information. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on them.
******
This information is intended solely for the use of City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties.
Pleasant Hill, California
January 13, 2023
4 Packet Page 37
CITY OF SEASIDE
STAFF REPORT
Item No.: 8.D.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: March 2, 2023
SUBJECT: APPROVE A PROCLAMATION RECOGNIZING RAMADAN FROM MARCH 22, 2023, TO APRIL 21, 2023
RECOMMENDATION
Approve a proclamation recognizing Ramadan in the City of Seaside, from sundown on March 22, 2023 to sundown on April 21, 2023.
BACKGROUND
The City of Seaside has a diverse, involved and active Muslim community with many cultural backgrounds.
Ramadan is a sacred month of fasting, praying, and reflecting, and is one of the Five Pillars of Islam, dating back to the seventeenth century.
Ramadan is a time to reflect spiritually, build communally, and aid those in need, and marks an annual spiritual renewal for each individual, a reason to celebrate and express gratitude this month.
FISCAL IMPACT
None
ATTACHMENTS
1. Ramadan Proclamation
Reviewed for Submission to the City Council by:
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Item No. 8.D. Page 2 of 2
_________________________________________
Jaime M. Fontes, City Manager
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City of Seaside
PROCLAMATION
RAMADAN
Commemorative Observance
WHEREAS, The City of Seaside has a diverse, involved, and active Muslim community with many cultural backgrounds; and
WHEREAS, Muslims have a long history in the United States, spanning back to the transatlantic slave trade, in which 10 to 15 percent of the enslaved African people were said to be Muslim; and
WHEREAS, Muslims have been key and essential staff, from the medical field to the service industry, in helping Seaside move through the COVID-19 pandemic and have been key contributors to the social movement in order to work toward justice and fair inclusion for all; and WHEREAS, Muslim residents of Seaside, with their hard work and contributions to medicine, science, information technology, education, police, military, and many other fields, have benefitted from and enriched the City’s open, tolerant, and economically vibrant environment; and WHEREAS, Ramadan is from sundown March 22nd, 2023, lasting 30 days and ending at sundown on Thursday, April 20th, 2023; and
WHEREAS, Ramadan is a time to reflect spiritually, build communally, and aid those in need and marks an annual spiritual renewal for each individual, a reason to celebrate and express gratitude in this month; and
WHEREAS, Ramadan is a sacred month of fasting, praying, and reflecting, and is one of the Five Pillars of Islam, dating back to the seventeenth century; and WHEREAS, Our Seaside Muslim community is experiencing a month of spiritual purification; and
WHEREAS, Ramadan draws to a close with Eid al-Fitr (Festival of Breaking the Fast), a three-day celebration commemorating a month and spiritual growth.
NOW THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim “The Holy Month of Ramadan” from sundown of Wednesday, March 22
nd
thru the sundown of Friday, April 21,
2023 in the City of Seaside.
_________________________
Ian N. Oglesby, Mayor
March 2, 2023
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.E.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: March 2, 2023
SUBJECT: APPROVE A FEE WAIVER FROM COMMUNITY HUMAN SERVICES FOR THE "2023 RECOVERY RUN - MEMORIAL FLAG EVENT AND
NARCAN DISTRIBUTION" ON THE SEASIDE CITY HALL LAWN
ON MAY 6, 2023
RECOMMENDATION
Approve the fee waiver request from Community Human Services to hold the "2023 Recovery Run - Memorial Flag Event/Narcan Distribution on the City Hall Lawn in the amount of $267.75.
BACKGROUND
Community Human Services is requesting a fee waiver to help cover the cost associated with their "2023 Recovery Run, Memorial Flag Event, and Narcan Distribution" on Saturday, May 6, 2023, from 10:00 a.m. to 4:30 p.m. on the City Hall Lawn. The event will feature a traveling Flag Memorial. The memorial will include 1,000 flags of different colors representing opioid overdose, opioid death, person in recovery, etc. There will be a brief flag ceremony, which is free and open to the public. The Mayor will be invited to speak, and there will be a keynote from a member of the community who has been affected by opioid use/overdose and will share their experience. Information and Narcan will also be distributed to the public for free following the ceremony.
FISCAL IMPACT
Should the City Council approve the request for full fee waivers for the event, the approximate fiscal impact is as follows:
Special Event Application Fee $110.00
City Hall Lawn Rental Fee $112.00
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Item No. 8.E. Page 2 of 2
Non-Refundable Deposit $ 45.75
TOTAL $267.75
ATTACHMENTS
1. Community Human Services - Fee Wavier & Special Event 2023
2. Community Human Services 501 (c)(3)
3. Community Human Services - Insurance - Recovery Run - Narcan Distribution 2023
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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AUTHORIZED REPRESENTATIVE
© 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD OP ID: CO
02/15/2023
Steve Mahlum
MVP Premier Insurance Agency
1843 E. Fir Avenue Suite 102
Fresno, CA 93720
Steve Mahlum [email protected]
COMMU-2
Community Human Services
P.O. Box 3076
Monterey, CA 93942-3076
CAState Compensation Ins. Fund 35076
NIAC
AXIS INS. CO
1,000,000
B X X 2022-02599 07/07/2022 07/07/2023 500,000
X 20,000
X Sexual & Phys Abu 2022-02599 07/07/2022 07/07/2023 1,000,000 X Prof liab 2022-02599 07/07/2022 07/07/2023 2,000,000
2,000,000
Other 1 1,000,000
1,000,000
B X 2022-02599 07/07/2022 07/07/2023
X X 2,000,000
2,000,000 B 2022-02599 07/07/2022 07/07/2023
X 10,000
A 9078603 11/15/2022 11/15/2023 1,000,000
1,000,000
1,000,000
B PROPERTY 2022-02599 07/07/2022 07/07/2023 Building 1,113,983 C Cyber Ins NAD110009/02 07/07/2022 07/07/2023 Cyber 1,000,000 The City of Seaside, its officers and employees are included as additionally insured and free from any and all liability in connection with work performed in the public right of way.
CITYSEA
City of Seaside
440 Harcourt Ave
Seaside, CA 93955
Event type: Recovery Run/Narcan Disribution
Date of the event: May 06, 2023
Location: Seaside City Hall Lawn
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.F.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: March 2, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE PLANS AND
SPECIFICATIONS FOR CUTINO PARK IMPROVEMENTS PART 2
PHASE 1 PROJECT, APPROPRIATING $495,000.00 FROM THE
GENERAL FUND TO THE PROJECT, AWARDING A
CONSTRUCTION AGREEMENT TO GRANITE ROCK COMPANY
FOR AN AMOUNT NOT TO EXCEED $1,251,353.50 AND A TOTAL
PROJECT CONSTRUCTION COST INCLUDING CONTINGENCY OF
$1,376,488.30
RECOMMENDATION
Adopt a resolution approving the plans and specifications for Cutino Park Improvements Part 2 Phase 1 Project, appropriating $495,000.00 from the General Fund to the project, awarding a construction agreement to Granite Rock Company for an amount not to exceed $1,251,353.50, establishing a 10% contingency for a total project project construction amount of $1,376,488.30, and authorizing the City Manager to execute the construction agreement and any amendments, extensions, and change orders until completion of the project in accordance with the plans and specifications up to the total project construction amount.
BACKGROUND
Cutino Park is located at the corner of Noche Buena Street and San Pablo Avenue.
Cutino Park Improvement Part 2 Phase 1 Project includes the demolition of existing concrete structures; removal and replacement of trees; installation of new lawn and irrigation, picnic tables and benches, and visitor bleachers and concrete pad (as a bid alternate); and construction of ADA-compliant pathways, a new parking lot with lighting, and playground with new equipment.
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Item No. 8.F. Page 2 of 3
The design was completed and the project was released for construction bids on January 12, 2023, and bids were opened on February 16, 2023. Bids were received from three (3) contractors as follows:
Contractors Base Bid Alternative Bid
Granite Rock
Company
$1,170,158.50 $81,195.00 $1,251,353.50
Monterey Peninsula
Engineering
$981,208.00 $100,000.00 $1,081,208.00
Kraemer Engineering $814,557.61 $37,500.00 $852,057.61
The bid alternate consists of bleachers and pedestrian pavement. Based upon an evaluation of bid documents received, Granite Rock Company was the lowest responsive and responsible bidder, with a total base bid plus alternative work of $1,251,353.50. Granite Rock Company has satisfactorily completed similar work projects to the Cutino Park Improvement, Part 2 Phase 1 for other municipalities.
Monterey Peninsula Engineering and Kraemer Engineering were missing required Community Development Block Grant (CDBG) documents in their submissions and were deemed non-responsive. Staff recommends a construction agreement for this project be awarded to Granite Rock Company.
ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines. This project is Categorically Exempt (Class 1, Existing Facilities). The project repairs and performs minor upgrades to the existing park and involves negligible or no expansion of use.
FISCAL IMPACT
The proposed construction agreement with Granite Rock Company is a not to exceed amount of $1,251,353.50. In addition, a construction agreement contingency of 10%, or $125,135.30 is required for expenses from unforeseeable issues that arise during construction. The engineer's estimate, including the bid alternate without construction contingency for construction of the project, was $1,098,101.00.
On September 2, 2022, the FY 2022/23 Budget was amended to reallocate $250,000.00 from the Pump Track Project to the Cutino Park Improvement Part 2 Project (Account No. 348-8910-9570), resulting in a revised project budget of $1,218,658.00.
Other expenses that have already been approved for the Cutino Park Part 2 Phase 1 Improvements Project are a Professional Services Agreement (PSA) for an amount up to $121,000.00 with Whitson Engineers for design services, a PSA in the amount of Packet Page 61
Item No. 8.F. Page 3 of 3
$5,000.00 with Michael Baker for CDBG compliance services, a PSA for an amount up to $208,905.00 with Wallace Group for construction management, inspection, and CDBG compliance services. Engineering will need $2,000.00 set aside for public notification and other project related outreach costs. With the mentioned costs and the construction cost, the additional budget required to deliver the project is $494,735.30.
Staff recommends adopting a resolution approving the plans and specifications for Cutino Park Improvements Part 2 Phase 1 Project, appropriating $495,000.00 from the General Fund to the project, awarding a construction agreement to Granite Rock Company for an amount not to exceed $1,251,353.50, establishing a 10% contingency for a total project project construction amount of $1,376,488.30, and authorizing the City Manager to execute the construction agreement and any amendments, extensions, and change orders until completion of the project in accordance with the plans and specifications up to the total project construction amount.
ATTACHMENTS
1. Resolution
2. Contract Agreement
3. Conform Specifications
4. Conform Plans
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
APPROVING THE PLANS AND SPECIFICATIONS FOR CUTINO PARK
IMPROVEMENTS PART 2 PHASE 1 PROJECT, APPROPRIATING $495,000.00
FROM THE GENERAL FUND TO THE PROJECT, AND AWARDING A
CONSTRUCTION AGREEMENT TO GRANITE ROCK COMPANY FOR AN AMOUNT NOT TO EXCEED $1,251,353.50 AND TOTAL PROJECT CONSTRUCTION COST, INCLUDING A 10% CONTINGENCY OF $1,376,488.30
WHEREAS, the Cutino Park Improvements, Part 2, Phase 1 Project (Project) is an approved City Capital Improvement Project identified in the fiscal year 2022-2023 annual budget; and
WHEREAS, Whitson Engineers completed design of the project in January 2023; and
WHEREAS, the proposed improvements include the demolition of existing concrete structures; removal and replacement of trees; installation of new turf/ landscaping, irrigation, picnic benches, water fountain, bike racks, and visitor bleachers; and construction of ADA pathways, concrete pad for the bleachers, a parking lot with lighting, and a playground with new equipment.
WHEREAS, on January 12, 2023, the project was released for construction bids, and on February 2, 2023, three bids were received; and
WHEREAS, Granite Rock Company was determined to have the lowest responsive and responsible bid in the amount of $1,251,353.50; and WHEREAS, an amount of $125,135.30 contingency, approximately 10% of the agreement value, should be authorized on an as required basis; and WHEREAS, Granite Rock Company has successfully completed similar park improvement projects for cities; and
WHEREAS, the project is categorically exempt per Article 19, section 15301 of CEQA since the project repairs and performs minor upgrades to the existing park and involves negligible or no expansion of use.
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NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the conformed plans and specifications for the Cutino Park Improvements Part 2 Phase 1 Project dated February 23, 2023; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council appropriates $495,000.00 from the General Fund to the Project; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a construction agreement with Granite Rock Company for an amount not to exceed of $1,251,353.50; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 10% contingency for written amendments, extensions, and change orders to the construction agreement outlined above such that the full value may not exceed $1,376,488.30.
PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 2nd March, 2023, 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
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March 2, 2023
City Council Regular Meeting
CLICK LINK TO ACCESS
Item 8F – Attachment 2
Contract Agreement by and between Granite Rock Company
and the City of Seaside
Hard Copy Available for Review at City Clerk’s Office
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March 2, 2023
City Council Regular Meeting
CLICK LINK TO ACCESS
Item 8F – Attachment 3
Project Manual for Cutino Park Improvements, Part 2, Phase 1 located at the Corner of Noche Buena Street and San
Pablo Avenue
Hard Copy Available for Review at City Clerk’s Office
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March 2, 2023
City Council Regular Meeting
CLICK LINK TO ACCESS
Item 8F – Attachment 4
Cutino Park Improvements, Part 2 Conform Plans
Hard Copy Available for Review at City Clerk’s Office
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.G.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: March 2, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL
SERVICES AGREEMENT WITH RINCON CONSULTANTS, INC. TO
PREPARE A CALIFORNIA ENVIRONMENTAL QUALITY ACT
INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION FOR
FIRE STATION NO. 2 PROJECT FOR AN AMOUNT NOT TO
EXCEED $114,765.78, AND APPROPRIATING $126,242.36 TO
THE PROJECT FROM THE GENERAL FUND
RECOMMENDATION
Adopt a resolution authorizing a professional services agreement with Rincon Consultants, Inc. to prepare a California Environmental Quality Act Initial Study/ Mitigated Negative Declaration for the Seaside Fire Station No. 2 Project for an amount not to exceed $114,765.78, and appropriating $126,242.36 to the Project from the General Fund.
BACKGROUND
The Fire Station No. 2 Project is a new City of Seaside Fire Station to be located at the corner of 1st Avenue and Gigling Road. The project site is approximately 4.56 acres in size. It includes a fire station, office and dormitory, storage buildings, parking, training area and related facilities. On November 3, 2022, the City entered into a Professional Services Agreement (PSA) with RRM Design Group to prepare the project design.
The project will convert the existing site from open space to a city Fire Station facility. A California Environmental Quality Act (CEQA) Initial Study/ Mitigated Negative Declaration is required due to the project size, traffic and construction impacts. A Request for Proposals was issued on January 19, 2023. Consultant proposals were received on February 10, 2023. Four proposals were received and reviewed by staff.
The four firms which proposed for providing the services are:
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Item No. 8.G. Page 2 of 3
• Denise Duffy & Associates (Monterey, CA)
• EMC Planning Group (Monterey, CA)
• Rincon Consultants (Monterey, CA)
• Precision Civil Engineering (Fresno, CA)
Based on the proposal reviews and ranking, staff recommends awarding the contract to Rincon Consultants. Rincon Consultants is familiar with projects on the former Fort Ord, having recently completed the CEQA Environmental Impact Report (EIR) for the Campus Town Specific Plan, which is located across the street from this site.
Staff recommends adopting a resolution authorizing a professional services agreement with Rincon Consultants for an amount not to exceed $114,765.78 to prepare a CEQA Initial Study/ Mitigated Negative Declaration for the Fire Station No. 2 Project.
FISCAL IMPACT
The adopted fiscal year 2022/2023 budget for the Fire Station No. 2 Improvements is $1,100,000.00. The Professional Services Agreement with Rincon Consultants to prepare a CEQA Initial Study/Mitigated Negative Declaration is for a not to exceed amount of $114,765.78. A 10% contingency adds $11,476.58 for a total of $126,242.36.
On November 3rd, the City Council approved a PSA with contingency with RRM Design Group for architectural and engineering design services in the amount of $1,085,044.40.
The remaining amount in the project budget is $14,955.60 budget. Staff would like to hold that budget for other support services for the project such as plan review and plat/legal review. A project budget increase of $126,242.36 is needed to fund this PSA with Rincon Consultants Inc.
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement with Rincon Consultants Inc for an amount not to exceed $114,765.78 to prepare a CEQA Initial Study/ Mitigated Negative Declaration for the Fire Station No. 2 Project, and appropriating $126,242.36 to the Project from the General Fund.
ATTACHMENTS
1. Resolution
2. Professional Services Agreement
Reviewed for Submission to the City Council by:
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Item No. 8.G. Page 3 of 3
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH RINCON CONSULTANTS, INC. TO PREPARE A TO PREPARE
A CALIFORNIA ENVIRONMENTAL QUALITY ACT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION FOR THE FIRE STATION NO. 2 PROJECT FOR AN AMOUNT NOT TO EXCEED $114,765.78, AND APPROPRIATING $126,242.36
TO THE PROJECT FROM THE GENERAL FUND
WHEREAS, the Fire Station No. 2 Design and Construction Project (Project) is adopted in the Fiscal Year 2022/2023 Capital Improvement Program (CIP) annual budget; and
WHEREAS, on September 16, 2021, the City approved the Fire Station Location Study; and
WHEREAS, on March 17, 2022, the City approved the Fire Station 2 conceptual architectural design, budget and space needs assessment; and WHEREAS, on November 3, 2022, the City Council approved a professional services agreement with 10% contingency with RRM Design Group for architectural and design services of Fire Station No. 2 in the amount of $1,085,044.40; and WHEREAS, the project design has progressed to the point where a California Environmental Quality Act (CEQA) impacts analysis is able be prepared; and WHEREAS, the City issued a request for proposals on January 19, 2023, and received four proposals to prepare the Initial Study and Mitigated Negative Declaration for the Project; and
WHEREAS, City Staff reviewed the proposals and recommends Rincon Consultants, Inc. as the best qualified firm to prepare the CEQA Initial Study/ Mitigated Negative Declaration for the Project;
WHEREAS, Rincon Consultant’s proposal to prepare the CEQA Initial Study/ Mitigated Negative Declaration for the Project was in the amount of $114,765.78; and WHEREAS, Staff has determined the proposed scope of work and budget are reasonable; and
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WHEREAS, an amount of $11,476.58 contingency, 10% of the contract value, should be authorized on an as required basis; and
WHEREAS, the adopted FY 2022/2023 budget for Fire Station No. 2 Design is $1,100,000.00; and
WHEREAS, staff is planning to use the $14,955.60 budget remaining for support services for the project such as plan review and plat/legal review; and WHEREAS, a budget appropriation of $126,242.36 is required to fund the professional services agreement with Rincon Consultants, Inc.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the Finance Director to a process an appropriation of $126,242.36 from the General Fund to the Fire Station No. 2 Project.
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a professional services agreement with Rincon Consultants, Inc. to prepare the CEQA Initial Study/ Mitigated Negative Declaration for the Fire Station No. 2 Project for an amount not to exceed $114,765.78 and written amendments such that the total professional services agreement does not exceed $126,242.36.
PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 2nd day of March, 2023, 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
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March 2, 2023
City Council Regular Meeting
CLICK LINK TO ACCESS
Item 8G – Attachment 2
Professional Service Agreement for Preparation
Of California Environmental Quality Act Initial
Study/Mitigated Negative Declaration
Hard Copy Available for Review at City Clerk’s Office
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.H.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: March 2, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A BUDGET TRANSFER OF $90,000.00 FROM THE NEIGHBORHOOD IMPROVEMENT
COMMISSION (NIC) BUDGET TO THE FERNANDO PARK
IMPROVEMENT PROJECT AND $20,000.00 FROM THE
NEIGHBORHOOD IMPROVEMENT COMMISSION TO PACHETTI
DOG PARK AND MESCAL NEIL PARK
RECOMMENDATION
Adopt a resolution allocating $90,000.00 from the Neighborhood Improvement Commission budget to the Fernando Park Improvement Project, and $20,000.00 from the Neighborhood Improvement Commission budget to Pachetti Dog Park and Mescal Neil Park.
BACKGROUND
Fernando Park is located on the 1700 block of Fernando Street, between San Pablo Avenue and Mingo Street. The park currently includes paths, low rock walls, a bench, and some landscaping. Friends of Seaside Parks Association (FOSPA) volunteers applied for and were granted $25,000.00 from Sunlight Giving to purchase play equipment for Fernando Park. The project also includes installation of a hand sanitizer station and playground equipment. Design services, site preparation, construction management, picnic table and bench installation, and inspections are also necessary to deliver this project.
At their February 7, 2023 meeting, the NIC approved recommending the City Council allocate $90,000.00 of NIC funds for construction of the Fernando Park Project and $20,000.00 of NIC funds for the installation of a bench at Pachetti Dog Park and a picnic table and bench at Neil Park. The rough engineer's cost estimate for construction of the Fernando Park Project is $90,000.00. It is expected that $20,000.00 will be Packet Page 74
Item No. 8.H. Page 2 of 3
sufficient to purchase and install the picnic table and benches at Pachetti Dog Park and Neil Park.
At their meeting of February 16, 2022, the City Council approved: a donation of playground equipment for Fernando Park from the Friends of Seaside Parks; amending the Capital Improvement Program to include the Fernando Park Improvement Project; and appropriating a budget of $80,000.00 to the Project from the General Fund; and authorizing a Professional Services Agreement with Whitson Engineers for an amount not to exceed $42,770.00 for the Project.
ENVIRONMENTAL REVIEW
Pursuant to the preliminary review of the activities associated with Council action, in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt (Class 1, Section 15301, Existing Facilities). Existing Facilities Class 1 exemptions consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use.
The proposed Fernando Park Project would consist of site grading, installation of playground equipment, hand sanitizer station, and a picnic bench and table which would not result in an expansion or significant modification of Fernando Park. There is no significant expansion of use associated with the Project.
The proposed improvements at the Pachetti Dog and Mescal Neil Parks include installation of a picnic bench, and a picnic bench and table, resp. Therefore, there is no significant expansion of use associated with the improvements.
FISCAL IMPACT
The budget approved for the Fernando Park Improvement Project is $80,000.00. The Whitson Engineers professional services agreement amount including contingency for the design of the project is $50,000.00. The estimated amount for construction management, inspection, and materials testing is $30,000.00. Construction of the project not including the playground equipment is estimated at $90,000.00. The playground equipment is being purchased directly by FOSPA and being donated to the City. The total cost of the project is $170,000.00. The additional budget needed to deliver the project is $90,000.00.
Staff recommends adopting a resolution authorizing a budget transfer of $90,000.00 from the Neighborhood Improvement Commission Budget (100-1350-7169) to the Fernando Park Project and $20,000.00 from the Neighborhood Improvement Commission Budget (100-1350-7169) to Pachetti Dog and Neil Parks (100-8910-1030).
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Item No. 8.H. Page 3 of 3
ATTACHMENTS
1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING A BUDGET TRANSFER OF $90,000.00 FROM THE
NEIGHBORHOOD IMPROVEMENT COMMISSION BUDGET TO THE FERNANDO PARK, AND $20,000.00 FROM THE NEIGHBORHOOD IMPROVEMENT
COMMISSION BUDGET TO PACHETTI DOG PARK AND MESCAL NEIL PARK WHEREAS, on February 7, 2022, City Council approved the Neighborhood Improvement Commission (NIC) recommendation of allocating $90,000.00 of their fiscal year 2022/23 allocation for the Fernando Park Improvement Project, and $20,000.00 to the Pachetti Dog Park and Mescal Neil Park; and
WHEREAS, the Fernando Park Improvements Project includes the addition of a swing sea horse coil swing rider, artificial rock for climbing, hand sanitizer station, and picnic table at the park; and
WHEREAS, on October 20¸2022, Friends of Seaside Parks (FOSPA) was awarded a Sunlight Giving Grant in the amount of $25,000.00 for park equipment for Fernando Park; and
WHEREAS, the Fernando Park Improvement Project also requires design services, site preparation, construction, construction management, testing, and inspections are to deliver this project; and
WHEREAS, on February 16, 2023 the City Council approved accepting a donation for park equipment at Fernando Park from Friends of Seaside Parks; amending the Capital Program to include the Fernando Park Improvement Project; appropriating $80,000.00 for design and construction of the project from the General Fund; and authorizing the City Manager to execute a professional services agreement with Whitson Engineers for an amount not to exceed $42,770.00 to provide design and construction support services for the project; and
WHEREAS, the total cost with contingency for design of the Fernando Park Packet Page 77
Improvement Project is $50,000.00; and
WHEREAS, the total rough cost estimate for construction of the project is $90,000.00; and
WHEREAS, construction management, testing, and inspection is estimated to cost $30,000.00; and
WHEREAS, the cost for the design, construction, construction management, inspection, and testing for the project is roughly estimated to cost $170,000.00; and WHEREAS, an additional $90,000.00 is needed to deliver the Fernando Park Improvement Project;
WHEREAS, Pachetti Dog Park could use an additional bench because there are many visitors of the Park that there is not enough seating for all of them; WHEREAS, Mescal Neil Park needs another bench and picnic table; NOW, THEREFORE BE IT RESOLVED, that the City of Seaside City Council appropriates $90,000.00 from the Neighborhood Improvement Commission fund balance (account No. 100-1350-7169) to the Fernando Park Improvement Project and $20,000.00 from the Neighborhood Improvement Commission fund balance (account No. 100-1350-7169) to the Pachetti Dog Park and Mescal Neil Park (100-8910-1030), and directs the Finance Director to make appropriate budget adjustments to the Fiscal Year 2022-2023 Capital Improvement Program budget.
PASSED AND ADOPTED at a regular meeting of the City of Seaside City Council duly held on the 2nd day of March, 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
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______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.I.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Alexia Garcia, Housing Program Manager
DATE: March 2, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE AMENDMENT AND RESUBMITTAL OF THE 2020 HOUSING ELEMENT ANNUAL
PROGRESS REPORT TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT AND THE
GOVERNOR'S OFFICE OF PLANNING AND RESEARCH
RECOMMENDATION
Adopt a resolution authorizing the amendment and resubmittal of the 2020 Housing Element Annual Progress Report to the California Department of Housing and Community Development and the Governor's Office of Planning and Research, as proposed.
BACKGROUND
California Government Code Section 64500 requires that the City submit a Housing Element Progress Report (HE APR) to the California Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR) annually by April 1st. HCD allows local jurisdictions to propose amendments to previously submitted HE APRs. Proposed amendments are received for consideration by an HCD representative.
On March 21, 2021, the 2020 City of Seaside HE APR was submitted to HCD and OPR.
Upon further review, City Staff has identified technical errors in Table A2, Row 13 (Attachment 1) and has determined that the resubmission of a 2020 HE APR containing a revised Table A2, Row 13 (Attachment 2) to be appropriate. The proposed correction deletes data from Table A2, Row 13 which was erroneously reported as having been issued building permits.
FISCAL IMPACT
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Item No. 8.I. Page 2 of 2
None
ATTACHMENTS
1. Resolution
2. Table A2
3. Table A2 Proposed Revision
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. XX-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING THE AMENDMENT AND RESUBMITTAL OF THE 2020 HOUSING
ELEMENT ANNUAL PROGRESS REPORT
WHEREAS, Government Code sections 65400 and 65700 mandates that all cities and counties submit an annual report on the status of the Housing Element portion of its General Plan and progress to their legislative bodies, the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development (HCD) each year; and
WHEREAS, the annual progress report provides local legislative bodies and the public with progress of implementation of the Housing Element and progress in meeting its Regional Housing Needs Allocation (RHNA) goals; and
WHEREAS, annual progress reports must be presented to the local legislative body, usually as a consent or discussion item on a regular meeting agenda for review and acceptance; and WHEREAS, HCD allows local jurisdictions to propose amendments to previously submitted Housing Element Annual Progress Reports; and
WHEREAS, City Staff have identified a technical error in the 2020 Seaside Housing Element Annual Progress Report; and
NOW, THEREFORE, BE IT RESOLVED, that the Seaside City Council hereby accepts the proposed amendment and authorizes City Staff to resubmit the 2020 Housing Element Annual Progress Report to HCD for consideration.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 2nd day of March 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
AS TO FORM:
________________________________
Sheri L. Damon
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.J.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: March 2, 2023
SUBJECT: CONSIDER THE TRAFFIC ADVISORY COMMITTEE
RECOMMENDATION TO DENY EXEMPTION TO 2-HOUR
PARKING RULES ON SANTA BARBARA STREET FOR EMPLOYEES
OF OTHER BROTHER BEER CO.
RECOMMENDATION
Deny the request for exemption to 2-hour parking rules on Santa Barbara Street for employees of Other Brother Beer Co.
BACKGROUND
The Traffic Advisory Committee reviewed and provided recommendation on the application from Other Brother Co. at the January 17, 2023.
Other Brother Beer Co. (Other Brother) is requesting exemption to the 2-hour parking rules on Santa Barbara Street for their employees. Other Brother Beer Co. is an industrial brewpub with beer garden seating plus pizza slices, pretzels and snacks.
Other Brother is open daily at 12:00 pm, and closes at 10 pm on Monday through Thursday, at 11:00 pm on Friday and Saturday, and at 8:00 pm on Sunday.
Per the Seaside Municipal Code Section 10.32.010, when authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle within the central traffic district between the hours of eight a.m. and six p.m. of any day except Sundays and holidays for a period longer than two hours.
Per the Seaside Municipal Code Section 10.32.175, the city can establish, by resolution, parking permits and would require parking spaces have adequate signs in place giving notice that said spaces are for permit parking only, it shall be unlawful for any person Packet Page 85
Item No. 8.J. Page 2 of 3
to stop, stand or park a vehicle in any such space unless such person possesses a valid, unexpired permit for parking issued by the city, and such permit is displayed or maintained in accordance with the conditions of issuance of said permit.
STAFF ANALYSIS
Other Brother is located at 877 Broadway Avenue, along the north side of Broadway Avenue, between Calaveras Street and Santa Barbara Street. Nearby parking areas include:
• Nine (9) parking spaces on Broadway Avenue (north side), property frontage, between Calaveras Street and Santa Barbara Street. Walking distance from Other Brother ranges from 50-200 feet. Three (3) of the spaces are occupied by temporary outdoor seating for Other Brother.
• Nineteen (19) parking spaces on Santa Barbara Street between Broadway Avenue and Fremont Boulevard. Walking distance from Other Brother ranges from 150-500 feet.
• One (1) parking space on Calaveras Street (east side) between Broadway Avenue and the alley. Walking distance from Other Brother is 325 feet.
All parking spaces are subject to the 2-hour parking restriction between the hours of 8 am (7 am on Calaveras Street) and 6 pm, with no time restrictions after 6 pm, on Sundays, or on holidays. In November 2019, City Council approved a request from Broadway businesses for 2-hour parking signs in order to help make more parking available for business customers.
Additionally, staff assessed business parking spaces behind the business in the alley.
The designated business parking for Other Brother, approximately 3-5 spaces, has been used to house their brewing machinery and an outdoor dining area.
A parking study of the three above listed parking areas was conducted on various days of the week and hours of the day. The results of the study were evaluated, and for each parking area an average was calculated of the percent of parking spaces being occupied. An average of 85% is considered a high parking occupancy rate. The parking area of Santa Barbara Street does not meet the definition of high parking occupancy.
The table below shows the averages for all three parking areas assessed, with only Calaveras reaching the high parking occupancy rate in the evening hours.
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Item No. 8.J. Page 3 of 3
PARKING
AREA
TOTAL
SPACES
AVERAGE
OCCUPANCY
RATE
12PM - 2PM
AVERAGE
OCCUPANCY
RATE
2PM - 5PM
AVERAGE
OCCUPANCY
RATE
5PM - 7PM
Santa
Barbara St.
19 42% 28% 74%
Broadway
Ave.
6 50% 61% 83%
Calaveras
St.
1 33% 33% 100%
Exemption to the 2-hour parking restriction would mean removal of the 2-hour parking restriction signs on Santa Barbara Street which would affect availability of parking for customers of Broadway businesses. Alternatively, the City can establish a parking permit program for employees of businesses in the City.
The Traffic Advisory Committee recommends denying the request for exemption to 2- hour parking rules on Santa Barbara Street for employees of Other Brother Beer Co. as it would require the City to remove the parking restriction signs which could negatively impact Broadway businesses and there is currently no parking permit program.
FISCAL IMPACT
There are costs associated with the approval of the exemption request. Costs associated with the removal of the 2-hour parking signs and striping would be covered by the applicant. Development of an employee parking permit program would include the cost of establishing a program and staffing the management of the program moving forward.
ATTACHMENTS
1. Application
2. Aerial
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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APPLICATION FEE PER THE CURRENT ADOPTED FEE SCHEDULE
Traffic Advisory Committee
Request Application
The following information is required to process all Traffic Advisory Committee requests. This information will be used to contact the applicant should staff have questions or needs clarification on the request. This information will also appear in the staff report presented to the Traffic Advisory Committee and/or City Council.
The Traffic Advisory Committee meets the 3rd Tuesday of every month at 5:00 PM in the City of Seaside’s City Hall Conference room. This meeting is open to the public and applicants are encouraged to attend.
Name: Date:
Address: Phone:
Type of Request (check all that apply):
□ Parking Designations □ Crosswalk □ Curb Markings (White, Yellow, etc.) □ Warning Sign □ Traffic Signal/Stop Sign □ Signing/Striping □ Other ______________________________________________________________________
FEES WILL APPLY FOR PARKING AND CURB MARKING REQUESTS
Request:
Request Procedures are outlined on the back of this form. For any questions regarding the Traffic Advisory Committee (TAC) please contact 899-6825.
Michael Nevares c/o Other Brother Beer Co 8/26/2022
REDACTED REDACTED
Exemptions to 2-hour parking rules on Santa Barbara for employees Please see attached.
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TAC REQUEST PROCEDURE
The Traffic Advisory Committee (TAC) acts as an advisory board to the City Council per Chapter 2.37 of the Municipal Code. Recommendations made by the TAC are to be ratified by the City Council prior to implementation. The TAC consists of five members: a Council Member; Director of Public Works; Chief of Police; Director of Community Development; and the Fire Chief. The TAC reviews all requests for traffic safety regulatory or control devices, signs and markings, and conducts studies as well as offers recommendations to the City Council, Planning Commission or appropriate City department.
Upon submittal of a request, staff will place the request on the next available TAC agenda for a future scheduled meeting. All TAC’s action will be forwarded for City Council consideration at their next available scheduled meeting.
Fees
Fees will be collected prior to installation of any approved requests that directly benefits the applicant, such as limited timed parking, white zones, etc. Prior to any required maintenance of the improvement, the same fee will apply and be billed to the applicant. The following fees have been determined based upon the cost of staff time and material for installation:
Description Fee*
Marking curb – per curb (20’ maximum length) Per current adopted fee schedule Installation of one sign
* Fees subject to change per City Council approved fee schedule. Fee determined by date of application.
PLEASE COMPLETE FOR
PARKING AND CURB MARKING REQUESTS
TAC REQUEST
ACKNOWLEDGEMENT STATEMENT
I,_______________________________________________understand that should my request be approved by the Traffic Advisory Committee and City Council, I will be responsible for the fee prior to the installation of my request. I also understand that if approved by City Council the improvements will be reviewed annually or whenever deemed appropriate by the Public Works Department for any required maintenance and I will be charged the corresponding fee. _________________________________________ _______________________ Applicant Signature Date
Michael Nevares
8/26/2022
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.K.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: March 2, 2023
SUBJECT: AUTHORIZE THE CITY ATTORNEY TO SUBMIT AN ONLINE
PUBLIC COMMENT TO THE CALIFORNIA PUBLIC UTILITIES
COMMISSION (CPUC) ON BEHALF OF THE CITY OF SEASIDE IN
CALIFORNIA PUBLIC UTILITIES COMMISSION PROCEEDING A2111024 REQUESTING THAT THE CPUC COMPEL CALIFORNIAAMERICAN WATER COMPANY (CAL- AM) TO EXECUTE THE
AMENDED AND RESTATED WATER PURCHASE AGREEMENT
WITH MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
(NOT A PROJECT UNDER CEQA PER ARTICLE 20, SECTION
15378 AND GENERAL RULE ARTICLE 5 SECTION 15061)
RECOMMENDATION
Authorize the City Attorney to submit the attached letter as an online public comment to the California Public Utilities Commission (CPUC) Public Comment to the California Public Utilities Commission (CPUC) on Behalf of the City of Seaside in California Public Utilities Commission Proceeding A-2111024 Requesting that the CPUC Compel California-American Water Company (Cal- Am) to Execute the Amended and Restated Water Purchase Agreement with Monterey Peninsula Water Management District.
BACKGROUND
The CPUC unanimously authorized Cal-Am to enter into the Amended and Restated Water Purchase Agreement at its Dec. 1, 2022, virtual meeting as reflected in Decision 22-12-001 in Application 21-11-024. The approval cleared the way for the expansion of the Pure Water Monterey Project. The amount of water created from the expanded Pure Water Monterey Project would potentially lift the Cease-and-Desist Order imposed upon the Monterey Peninsula by the State Water Resources Control Board.
The Monterey Peninsula region is in desperate need of the additional water as the Packet Page 92
Item No. 8.K. Page 2 of 2
Regional Housing Needs Assessment units are not being implemented because of the lack of water availability. As of February 16, 2023, two of the three parties needed to execute the Amended Water Purchase Agreement, Monterey One Water and the Monterey Peninsula Water Management District, have already signed the document.
The third party, Cal-Am has not yet signed the Agreement. Cal-Am indicates that it has not signed the agreement because Cal-Am can only move forward with the Amended and Restated Water Purchase Agreement if the CPUC approved its request for recovery of the costs related to the purchase of supplemental water pursuant to the Amended WPA, the additional facilities necessary to optimize the system and take advantage of water from the PWM expansion, and the pro-rated portion of the pre-construction costs for the California American Water facilities associated with the PWM project. However, it is the city’s view that once the Agreement is fully executed, the financing to construct the Pure Water Monterey Expansion Project can be secured and bidding the various components of the Project can begin. The delays caused by not executing the Agreement are delaying efforts to provide water security for the residents and businesses in our communities.
Seaside would benefit from the implementation of the Pure Water Monterey Expansion Project and the lifting of the water moratorium that precludes and limits CalAm's ability to serve the projects in Seaside. These two actions are dependent upon CalAm executing the Amended Water Purchase Agreement. Accordingly, it is respectfully requested that the City Council authorize the City Attorney to submit the draft letter as an online public comment to the CPUC in support of compelling Cal-Am to sign the Amended and Restated Water Purchase Agreement in order for the Pure Water Monterey Expansion Project to move forward.
FISCAL IMPACT
No immediate costs to submit. Potential long term benefit to the City in terms of lifting water moratorium allowing projects to proceed more expeditiously.
ATTACHMENTS
1. Letter
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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OFFICE OF THE MAYOR
440 Harcourt Avenue Telephone 831-899-6703
Seaside, CA 93955 Fax 831-624-5839
www.ci.seaside.ca.us
Include, Innovate, Inspire
March 3, 2023
President Alice Busching Reynolds
Commissioner Genevieve Shiroma
Commissioner Darcie L. Houck
Commissioner John Reynolds
Commissioner Karen Douglas
Commissioners of the California Public Utilities Commission 505 Van Ness Avenue
San Francisco, CA 94102
Re: Application 21-11-024 Request to Compel Execution of the Amended Water Purchase Agreement Authorized in D. 22-12-001
Dear President Reynolds and Commissioners:
As the elected body representing the City of Seaside, we want to thank you for your unanimous approval of the amended Water Purchase Agreement at the Dec. 1, 2022, virtual meeting by the issuance of D.22-12-001 in A. 21-11-024. The approval cleared the way for the expansion of the Pure Water Monterey Project. The amount of water created from the expanded Pure Water Monterey Project would potentially lift the Cease-andDesist Order imposed upon the area by the State Water Resources Control Board.
The area is in desperate need of the additional water as the Regional Housing Needs Assessment units are not being implemented because of the lack of water availability.
Our council is eager to move forward with the construction of much-needed housing and this project is essential in our ability to lift barriers towards that end.
It is our understanding that two of the three parties needed to execute the Amended Water Purchase Agreement -- Monterey One Water and the Monterey Peninsula Water Management District -- have already signed the document. The third party, California American Water, has not yet signed the Agreement. Once the Agreement is fully executed, the financing to construct the Project can be secured and bidding the various components of the Project can begin. The delays caused by not executing the Agreement are delaying efforts to provide water security for the residents and businesses in our communities.
As requested by the Water Management District in its December 16, 2022 Petition for Modification, we also respectfully request that the California Public Utilities Commission compel California American Water to sign the Amended Water Purchase Agreement in order for the Pure Water Monterey Expansion Project to move forward. California American Water can
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continue to work through the issues related to cost recovery at a later time without delaying the expansion of the Pure Water Monterey Expansion Project.
The delay in signing the Water Purchase Agreement is costing an estimated $14 million.
Further delays will add to the cost of construction and financing, putting a great burden on our ratepayers. M1W staff have secured over half of the project cost (~$40 million) in grant funding, that are at risk of being lost if not utilized in a timely manner.
We appreciate your consideration of our community’s request.
Sincerely,
Ian N. Oglesby
Mayor
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.L.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: March 2, 2023
SUBJECT: ADOPT A RESOLUTION TERMINATING THE PROCLAMATIONS OF LOCAL EMERGENCY AND RELATED COVID-19 RESOLUTIONS
AND ORDINANCES
RECOMMENDATION
Adopt a resolution to terminate the local emergency and related COVID-19 resolutions and ordinances.
BACKGROUND
Pursuant to Government Code section 8680.9, a local emergency is a condition of extreme peril to persons or property proclaimed as such by the governing body of the local agency affected by a natural or other disaster. The purpose of a local emergency is to provide extraordinary policy power, immunity for emergency actions, to authorize the issuance of orders and regulations, and activate pre-established emergency provisions.
Seaside Municipal Code section 2.40.060 requires the City Council to ratify the Director of Emergency Services (City Manager) proclamation of a local emergency.
Government Code section 8630(d) requires the City to terminate the local emergency at the earliest possible date that conditions warrant. On October 17, 2022, Governor Gavin Newsom announced that he intends to end the COVID-19 State of Emergency on February 28, 2023.
FISCAL IMPACT
None.
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Item No. 8.L. Page 2 of 2
ATTACHMENTS
1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX
A RESOLUTION OF THE CIY COUNCIL OF THE CITY OF SEASIDE
TERMINATING THE LOCAL EMERGENCY AND RELATED COVID-19 RESOLUTIONS
AND ORDINANCES
WHEREAS, on January 30, 2020, the World Health Organization declared the COVID19 outbreak a public health emergency of international concern; and WHEREAS, on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency in the United States; and WHEREAS, on March 3, 2020, the City Council appropriated $35,000 to prepare and respond to COVID-19; and
WHEREAS, the State of California proclaimed a state of emergency on March 4, 2020; and
WHEREAS, the County of Monterey declared a local emergency on March 10, 2020; and WHEREAS, the World Health Organization declared COVID-19 a global pandemic on March 11, 2020; and
WHEREAS, as of February 2, 2023, Monterey County has experienced 97,259 confirmed cases of COVID-19, resulting in 790 confirmed deaths; and WHEREAS, the Centers for Disease Control and Prevention (CDC) has determined that vaccines widely available in the United States significantly lowers the risk of getting very sick, being hospitalized, or dying from COVID-19; and
WHEREAS, there have been confirmed cases of COVID-19 in the counties neighboring Monterey County, including Santa Clara, Santa Cruz, San Benito, and Fresno; and WHEREAS, on March 12, 2020, Governor Newsom enacted Executive Order N-25-20 to mitigate the effects of the COVID-19 pandemic because “despite sustained efforts, the virus remains a threat, and further efforts to control the spread of the virus to reduce and minimize the risk of infection are needed.”; and
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WHEREAS, on March 13, 2020, the City Manager, in his capacity as the Director of Emergency Services, proclaimed a local emergency related to COVID-19; and WHEREAS, on March 19, 2020, and at multiple times thereafter, the City Council of the City of Seaside ratified the City Manager’s proclamations, which allowed the City to adequately plan, prepare, and deploy resources to effectively respond to the threat posed by COVID-19; and
WHEREAS, on October 17, 2022, Governor Gavin Newsom announced that he intends to end the COVID-19 State of Emergency on February 28, 2023; and WHEREAS, Monterey County has not seen significant rates of COVID-19 hospitalized patients since the two largest peaks of 217 hospitalized patients on January 15, 2021 and 114 hospitalized patients on January 26, 2022. Over the past 90 days, the peak number of hospitalized patients was 27 on December 9, 2022 and a low of 8 on February 1, 2023. 72.7% of eligible Monterey County residents are vaccinated as of February 1, 2023; and WHEREAS, the City of Seaside continues to work with other local entities to diligently implement CDC guidelines, provide vaccination clinics when possible, and protect the public; and
WHEREAS, the City of Seaside determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby resolve, that the current conditions do not warrant the need for emergency declaration to continue and hereby terminates the local emergency related to COVID-19 pursuant to Government Code section 8630(d).
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NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Seaside does hereby terminate all COVID-19 related resolutions and ordinances set forth in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 2nd day of March, 2023 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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EXHIBIT A TO RESOLUTION NO. 23-XX
SUMMARY OF LEGISLATIVE ACTIONS RELATED TO COVID-19
March 19, 2020 Reso. No. 20-13 Ratifying the Proclamation of Local Emergency
March 19, 2020 Ordinance No. 1079 Enacting a Temporary Moratorium on Evictions Due to Nonpayment of Rent for
Residential and Commercial Tenants Where
the Failure to Pay Rent Results from Income
Loss Resulting from the Novel Coronavirus
(COVID-19), and Setting Forth the Facts
Constituting Such Urgency
April 2, 2020 Reso No. 20-16 Ratifying the First and Revised Second Supplement to Proclamation of Local
Emergency
April 2, 2020 Ordinance No. 1083 Enacting a Temporary Moratorium on Foreclosures Due to Nonpayment of
Homeowner Association Assessments Which
Result From Income Loss Resulting from the
Novel Coronavirus (COVID-19), and Setting
Forth the Facts Constituting Such Urgency
April 2, 2020 Ordinance No. 1088 Enacting a Temporary Moratorium on Foreclosures Due to Nonpayment of
Homeowner Association Assessments Which
Result From Income Loss Resulting from the
Novel Coronavirus (COVID-19), and Setting
Forth the Facts Constituting Such Urgency
April 16, 2020 Reso. No. 20-21 Ratifying the Third Supplement to Proclamation of Local Emergency
May 7, 2020 Reso. No. 20-26 Ratifying the Fourth Supplement to Proclamation of Local Emergency and
Providing Additional Direction
May 21, 2020 Reso. No. 20-31 Modifying the Compensation Plan for Unclassified Positions
May 21, 2020 Reso. No. 20-33 Modifying Existing Labor and Employment Agreements to Reduce Compensation by
10% Through Furloughs and Salary
Reductions and Defer Scheduled Salary
Increases
June 4, 2020 Reso. No. 20-38 Ratifying the Fourth Supplement to Proclamation of Local Emergency and Providing
Additional Direction
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July 2, 2020 Ordinance No. 1090 An Urgency Ordinance of the City of Seaside Extending Ordinance 1083 Relating to
Residential and Commercial Evictions Caused
by a Failure to Pay Rent and Ordinance 1088
Relating to Foreclosure Due to Nonpayment of
Homeowner Association Assessments When
Such Failure to Pay Results from Income Loss
Resulting from the Novel Coronavirus (COVID19)
July 16, 2020 Reso. No. 20-63 Ratifying the Fourth Supplement to Proclamation of Local Emergency and
Providing Additional Direction
August 20, 2020 Reso. No. 20-73 Ratifying the Sixth Supplement to Proclamation of Local Emergency
September 17, 2020 Reso. No. 20-83 Ratifying the Seventh Supplement to Proclamation of Local Emergency
October 15, 2020 Reso. No. 20-90 Ratifying the Eighth Supplement to Proclamation of Local Emergency
February 4, 2021 Reso. No. 21-10 Modifying Existing Labor and Employment Agreements to Restore a Portion of Agreed
Upon Concessions on January 23, 2021, and
April 3, 2021
January 20, 2022 Reso. No. 22-14 Ratifying the Ninth Supplement to Proclamation of Local Emergency
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.M.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Samantha Alcaraz, Human Resources Analyst
DATE: March 2, 2023
SUBJECT: ADOPT A RESOLUTION ADDING THE CLASSIFICATION OF
PROJECT MANAGER TO THE CLASSIFICATION PLAN AND
MODIFYING THE POSITION ALLOCATION LIST
RECOMMENDATION
Adopt a resolution adding the classification of Project Manager to the Classification Plan and modifying the Position Allocation List.
BACKGROUND
In order to provide greater efficiency in the operation of the City, the Project Manager will be responsible for planning, organizing, directing and controlling all highly complex projects from concept to closeout of the projects. The Fiscal Year 2022/23 Adopted Budget does not include funding for this position. The Project Manager will be an FLSA Exempt position assigned to the Unclassified Compensation Plan, with a top estimated annual salary rate of $143,869.00.
FISCAL IMPACT
The Finance Department is authorized to make any budget adjustments that are necessary as a result of this change.
ATTACHMENTS
1. Program Manager Job Description
2. Resolution
3. Unclassified Positions 2022
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Item No. 8.M. Page 2 of 2
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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City of Seaside
February 2023
Project Manager
1 PROJECT MANAGER
FSLA: Exempt
Salary: $143,869 Annually
Bargaining Unit: Unclassified Compensation Plan
DEFINITION
Under general direction of the City Attorney and the City Manager and or designee, performs work in planning, managing, organizing, coordinating, and overseeing comprehensive project development programs. This position will be responsible for all highly complex projects from concept to close-out of the project. Perform related work as required.
The Ideal Candidate is someone with:
• Experience in public agency or related private organization with project management, engineering, design, and public relations skills to concurrently manage a wide range of City developing projects and programs.
• Experience establishing, monitoring, and tracking project budgets and schedules; preparing reports.
• Knowledge of applicable federal, state and local regulatory and legal statutes.
• Excellent communication and interpersonal skills, strong decision making and strategic thinking ability, and a commitment to customer service. • Strong organizational skills, attention to detail and self-motivated.
DISTINGUISHED CHARACTERISTICS
This class may be responsible for a number of projects, but a significant portion of the position’s time will be spent in management of projects. The Project Manager is distinguished from engineers and planning professionals in that the latter are typically responsible for the technical aspects of a project, but not usually involved in the oversight, administration, presentation, public information and management functions of the Project Manager. This classification requires strong management skills, as well as strong administrative, and policy implementation skills. The Project Manager performs a key leadership role in coordinating and administering the City’s sensitive projects that affect the economic well-being of the City; completion on schedule is crucial.
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City of Seaside
February 2023
Project Manager
2 The Project Manager should demonstrate competence in the following:
• Behave Ethically: Understand ethical behavior and business practices, and ensure that their own behavior and the behavior of others is consistent with these standards and aligns with the values of the City of Seaside. • Build Relationships: Establish and maintain positive working relationships with others, both internally and externally, to achieve the established goals. • Communicate Effectively: Speak, listen and write in a clear, thorough and timely manner using appropriate and effective communication tools and techniques.
• Focus on Client Needs: Anticipate, understand, and respond to the needs of internal and external clients to meet or exceed their expectations. • Foster Teamwork: Work cooperatively and effectively with others to help set goals, resolve problems, and make decisions that enhance organizational effectiveness.
• Lead: Positively influence others to achieve results. • Make Decisions: Assess situations to determine the importance, urgency and risks, and make clear decisions which are timely and in the best interest of the organization.
• Organize: Establish priorities, develop a work schedule, monitor progress toward goals, and track details, data, information and activities. • Plan: Determine strategies to move the organization forward, set goals, create and implement actions plans, and evaluate the process and results. • Solve Problems: Assess problematic situations to identify causes, gather and process relevant information, generate possible solutions, and make recommendations and/or resolve the problem.
• Ability to be effective in an extremely politically sensitive, in a highly volatile, complicated funding and permitting process; reports to City Manager and City Attorney.
PRIMARY DUTIES AND RESPONSIBILITIES:
The Project Manager performs a wide range of duties including some or all of the following:
1. Assists in the ongoing responsibility for monitoring and updating the City of Seaside Strategic Planning processes.
2. Manages programs, projects, and functions.
3. Assigns, reviews, and evaluates the work and performance of staff in accordance with the City Council’s strategic plan.
4. Assists in planning, developing, implementing, coordinating, and monitoring projects, programs, policies and procedures in area of assignment with other departments, agencies, and other community agencies.
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City of Seaside
February 2023
Project Manager
3 5. Consults with the City Attorney and/or City Manager on problems related to complex or high profile projects, and legal issues.
6. Provides instruction and guidance to staff and/or consultants in preparation of reports; ensuring timely collection of data necessary for evaluation of the project(s) and submit project reports.
7. Identify, evaluate and timely communication of risks or issues associated with projects and make recommendations to control the risks.
8. Reports evaluation findings and recommend changes in assigned areas, as appropriate.
9. Communicates frequently with City Manager and City Attorney to achieve division-wide goals.
10.Maintain and expand knowledge and skills through continuing education and professional interaction.
11.Plan, prepare and schedule meetings with staff and developers as needed.
12.Maintain confidentiality of work-related issues and City information.
13.Expected to facilitate effective communication between stakeholders; responsible for continued communication with City departments, boards and/or external agencies.
14.Perform other duties as assigned.
Minimum Qualifications:
Education: Equivalent to graduation from a four-year college or university with major coursework in project management, public administration, engineering, business, or equivalent, plus six (6) years of increasingly responsible experience of project coordination.
Licenses and Certifications:
• Must possess a valid California class C driver’s license and a satisfactory driving record.
• Project Management Professional Certification from the Project Management is desirable and may substitute for 2 years of experience.
Knowledge of:
• The methods, techniques, and practices utilized to oversee the operations and project management of related assignments.
• Technical aspects of architectural, civil, mechanical, electrical, structural, and geotechnical engineering design and specifications. • Working knowledge of various funding sources and restrictions. • Legal requirements for City projects, regulations and regulatory agencies and commissions affective planning, zoning, design and construction.
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City of Seaside
February 2023
Project Manager
4 • Construction management techniques and practices.
• Effective written and oral communications techniques used in working with individuals from a diverse ethnic and socio-economic background. • Strong organization and time management skills.
• Principles and practices of establishing, monitoring, and tracking projects and schedules.
• Effective written communication in preparing reports, reviewing contracts, and recommendations.
• Excellent communication and interpersonal skills, strong decision making and strategic thinking ability.
• Ability to identify, prioritize, and recommend projects with estimates of completion for Improvement Programs.
• Prepare, evaluate and manage proposals for professional consultant services; lead and prepare scope of work, fees, and schedules for professional services agreements, and process amendments. • Conduct meetings regarding projects, compile data, and make recommendations.
• Manage and assist in compliance and progress of projects. • Proficient in Excel, Power Point, Microsoft Project Management and Word. • Create, establish, and maintain effective working relationships.
Skills and Abilities In:
• Planning, organizing, directing, and appraising the work of professional, technical, administrative support, and assigned personnel. • Making decisions recognizing established precedents and practices and to use resourcefulness and tact in solving problems.
• Assessing processes and operational performance and to make appropriate adjustments to maximize efficiencies, quality of output and operational performance.
• Managing consultants, contractors, and vendors in their performance of their obligations on multiple projects.
• Monitoring work, maintaining records to ensure quality control and achieve compliance with contracts and deadlines.
• Communicating effectively orally and in writing.
• Communicating effectively and efficiently with diverse audiences, internal and external.
• Accurately and efficiently estimating project completion. • Working collaboratively in a team environment; may work independently or on a team.
• Managing multiple, complex, comprehensive requirements to accomplish goals and objectives.
• Interpreting and enforce applicable laws and ordinances.
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City of Seaside
February 2023
Project Manager
5 • Working collaboratively in a team environment; may work independently or on a team.
• Preparing and summarizing statistical and technical data for assigned projects and recommendations.
Physical Demands
• Standing & Walking – Standing for extended periods of time and/or walking distances (1 or more miles).
• Sitting – Ability to work in a seated position at a computer station for extended periods of time.
• Manual Dexterity - The ability to perform multiple work activities requiring a significant level of physical and mental coordination, such as accurate field measuring; repair and calibration of instruments; computer keyboard; writing.
• Visual - Acuity for driving long periods; reading literature for long periods; industry warning signs and instruments; reading maps and diagrams, computer screen.
• Hearing and Speech - Ability to communicate in person and over the telephone.
• Mobility - Ability to operate a motor vehicle, and reach, push, pull, stoop, bend, and squat.
• Reflexes - Ability to quickly and automatically respond to emergency situations.
Working Conditions:
Work is performed in an office environment as well as any city building and outdoors with exposure to inclement weather and exposure to noise.
Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. This position requires the ability to work a flexible schedule including weekends, evenings, and holidays and be available for work on an emergency basis.
Packet Page 109
RESOLUTION NO. 21-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE MODIFICATION OF THE CITY’S POSITION ALLOCATION LIST TO
ADD ONE PROJECT MANAGER AND TO ESTABLISH THE SALARY AND BENEFITS FOR
THE POSITION
WHEREAS, the City’s Position Allocation List may be amended on 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 classification have been prepared; and WHEREAS, the Project Manager will plan, organize, direct and control all highly complex projects and perform related duties; and
WHEREAS, the Project Manager will be an unclassified, exempt, and at-will employee; and
WHEREAS, the top step salary for the Project Manager will be $143,869; and WHEREAS, the Compensation Plan for Unclassified Positions describes the benefits for the position; and
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 Compensation Plan for Unclassified Positions and the modifications to the Position Allocation List and the Salary Schedule.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 2nd day of March, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________
Ian N. Oglesby, Mayor
ATTEST:
_________________________
Dominique L. Davis, City Clerk
Packet Page 110
City of Seaside
Compensation Plan for Unclassified Positions
Effective July 1, 2022
A. APPLICATION: This Compensation Plan applies to the position of ESCA Program Director. Due to the unique nature of these positions, when established by the City Council, they were determined to be exempt from the classified service.
B. EMPLOYMENT STATUS: In accordance with Municipal Code Section 2.44.030, employees not included in the classified service shall serve at the pleasure of the City Manager and they may be terminated or disciplined at will by the City Manager at any time, without any right of appeal.
C. ANNUAL SALARY: The following position is exempt from the overtime provisions of the FLSA.
a. ESCA Program Director
D. SALARY ADJUSTMENTS:
a. General Salary Adjustments:
i. Effective the pay period beginning July 9, 2022, all members will receive a 4% salary increase.
ii. Effective the first day of the first pay period in January 2023, all members will receive a 3% salary increase. This salary increase is contingent on bargaining unit members agreeing to pick up 3% of the City’s CalPERS contribution.
iii. Effective the first day of the pay period in July of 2023, all members will receive a 4% salary increase.
iv. Effective the first day of the pay period in July of 2024, all members will receive a 4% salary increase.
b. Longevity Pay:
i. Unclassified employees with five or more years of service shall receive longevity pay in the amount of 2.5% of the member’s Base Salary Rate. ii. Unclassified employees with ten or more years of service shall receive longevity pay in the amount of an additional 2.5% of the member’s Base Salary Rate (total of 5%).
iii. Unclassified employees with fifteen or more years of service shall receive longevity pay in the amount of an additional 2.5% of the member’s Base Salary Rate (total of 7.5%).
c. Performance Pay: The City Manager is authorized to grant up to a 7.5% increase to Unclassified employees who exceed expectations in the achievement of established performance goals and objectives. This gives the City Manager flexibility in setting salaries consistent with performance.
E. RETIREMENT:
a. Miscellaneous Classifications:
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City of Seaside
Compensation Plan for Unclassified Positions
Effective July 2022
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i. Tier 1 - CalPERS 2% @ 55
1. Eligibility: Employees determined by CalPERS to be “classic members.”
2. Employee Contribution: Employees will pay the 7.0% employee contribution to PERS.
3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
ii. Tier 2 - CalPERS 2% @ 62 Plan
1. Eligibility: Employees determined by CalPERS to be “new members.”
2. Employee Contribution: Employees will pay 50% of the normal cost as determined annually by CalPERS.
3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
b. The City provides the PERS 1959 Survivors Benefit Level Four. The employee cost is $2 per month.
c. Deferred Compensation: The City will pay up to $200 per month to the ICMA deferred compensation program for each employee who makes a matching contribution.
F. MEDICAL, DENTAL, VISION INSURANCE
a. Medical Contributions:
i. MCSIG PPO $40 (70/30 Plan).
The City will pay 100% of the employee only premium and 90% of the dependent premium. This will be the base contribution amount for all plans except the Grandfathered PACE Plan.
ii. MCISG PPO $25 (80/20 Plan).
Employees electing to participate in the MCSIG PPO $25 (80/20 Plan) Packet Page 112
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Compensation Plan for Unclassified Positions
Effective July 2022
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will pay the difference between the City’s contribution for the PPO $40 Plan and the PPO $25 Plan premium.
iii. PACE Plan (90/10 Plan) – Employees hired after October 15, 2015.
New employees enrolling in the PACE 90/10 Plan will pay the difference between the City’s contribution for the PPO $40 plan and the PACE Plan premium.
iv. PACE Plan (90/10 Plan) – Grandfathered Tier – open to employees hired before October 15, 2015.
The City will pay 81% of the employee only premium; 70% of the employee + 1 premium; and 73% of the family premium.
b. Dental and Vision Contributions: The City will contribute towards the cost of the employee’s dental and vision insurance as follows:
Dental
Employee Only: $44.80
Employee + Spouse: $92.90
Employee + Children: $102.74
Employee + Family: $150.85
Vision
Employee Only: $5.35
Employee + 1: $5.78
Employee + Family: $13.12
i. Annual Premium Adjustments: The City and the employee will split the cost of any increase or decrease to the premium on a 50/50 basis. c. Life Insurance: The City will provide term life insurance for all Employees in the amount of two times the employee’s annual salary.
d. Long-Term Disability: The City shall pay the cost of a long-term disability program.
e. IRS Section 125 Plan: The City shall make available an Internal Revenue Service Code Section 125 Plan for unreimbursed medical and dependent care expenses. The annual maximum is set by the IRS.
f. Wellness Program:
i. Health Club Membership: The City will pay up to $45 per month towards an employee membership at a health club upon submission of Packet Page 113
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Compensation Plan for Unclassified Positions
Effective July 2022
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receipt of contract to the Finance Division. The City will process dues by payroll deduction if administratively feasible.
ii. City Recreation Facilities: Employees and their families will have use of City Recreation facilities at no cost.
G. LEAVE BENEFITS:
a. Vacation: the City Manager has the authority to start a new employee covered under this compensation plan anywhere within the accrual schedule and provide them with a starting leave bank of vacation.
i. Accrual Rates: The regular accrual rate shall be:
Years of City Service Accrual Rate per year
Up to 4 10 days
5 – 9 15 days
10 – 14 17 days
15 – 19 20 days
20 – 24 21 days
25 + 25 days
ii. Vacation Upon Termination: Any employee, upon termination of City employment for any reason, who is entitled to vacation time and who has not had the same, shall be paid at his/her current salary rate for such vacation time on the effective date of such termination. If such person works over one-half (1/2) of the month, they shall be entitled to accumulate vacation for that month.
iii. Maximum Accumulation: Employees will be allowed to have no more than two years earned vacation accumulated as of the end of the 2nd pay period of January of any year. Payout for leave in excess of maximum will occur on the 1st pay period of March.
iv. The City will allow employees to cash out 40 hours of accumulated vacation time as set forth in this section. On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out up to forty (40) hours of accrued vacation (in whole hour increments) which will be earned in the following calendar year at the employee’s base rate of pay. On the pay day of the first pay period in November of the calendar year following election of the cash out, the employee will receive cash for the amount of vacation the employee irrevocably elected to cash out Packet Page 114
City of Seaside
Compensation Plan for Unclassified Positions
Effective July 2022
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in the prior year. However, if the employee’s vacation leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. This cash out provision is voluntary on the part of each employee, and does not change the practice of maintaining a maximum of two years of vacation accumulation at the end of any calendar year.
v. Accumulation during OJI Leave: An employee being paid because of an injury on-the-job will accumulate vacation time and sick leave. vi. No Interruption of Accumulation: No interruption in the accumulation of vacation time shall result when an employee takes sick leave, vacation, temporary military leave, or paid leave because of an on-thejob incurred illness or injury. b. Sick Leave with Pay for Non-Job Related Illness, Injury or Disability i. Accrual: Each employee shall earn eight (8) hours sick leave with pay for each calendar month or major fraction thereof served. At his / her discretion, the City Manager may provide a new employee with a starting leave bank.
ii. Sick Leave Use: Sick leave may be used for the illness/injury of family members and all other permissible uses under state law. iii. Bereavement Leave: Bereavement leave, to a maximum of three (3) working days, will be permitted, without charging such leave against sick leave, upon the death of a member of the employee’s immediate family. Immediate family is defined as a parent, child, spouse or domestic partner, brother, sister, grandparents, father-in-law, and mother-in-law of the employee. Employee may use an additional 16 hours of sick leave to extend said leave.
c. Management Leave
i. Annual Accrual: Employees shall earn 40 hours of management leave per calendar year.
ii. Initial Accrual: For newly hired employees, the initial management leave bank shall be prorated according to the following schedule:
Hired January 1 – March 31: 40 Hours
Hired April 1 – June 30: 30 Hours
Hired July 1 – September 30 20 Hours
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City of Seaside
Compensation Plan for Unclassified Positions
Effective July 2022
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Hired October 1 – November 30 10 Hours
Hired December 1 – December 31 0 Hours
iii. Additional Leave: The City Manager shall have the authority to grant sixteen (16) hours of management time leave to Employees at his/her discretion.
iv. Management Leave Payoff: Employees shall be permitted to sell back their unused annual management leave (up to five days) as of December 1st of each year.
d. Administrative Leave
i. Employees shall earn forty (40) hours, non-cumulative, nonreimbursable administrative leave per calendar year. ii. Initial Accrual: For newly hired employees, the initial management leave bank shall be prorated according to the following schedule:
Hired January 1 – March 31: 40 Hours
Hired April 1 – June 30: 30 Hours
Hired July 1 – September 30 20 Hours
Hired October 1 – November 30 10 Hours
Hired December 1 – December 31 0 Hours
e. Holidays: All employees in a pay status for the majority of a pay period shall be entitled to the following holidays:
• First day of January (New Year’s Day)
• Third Monday in January (Martin Luther King Observance) • Third Monday in February (President’s Day)
• Thirty-first day of March (Cesar Chavez Day)
• Last Monday in May (Memorial Day)
• Nineteenth day of June (Juneteenth)
• Fourth day of July (Independence Day)
• First Monday in September (Labor Day)
• Eleventh day of November (Veteran’s Day)
• Fourth Thursday of November (Thanksgiving Day)
• Day following Thanksgiving Day
• Working day immediately preceding Christmas Day (Christmas Eve) • Twenty-fifth day of December (Christmas Day)
f. Jury Duty:
i. Jury Duty: The City will grant an employee leave with pay for jury duty.
Any checks received from the courts must be submitted to Finance.
Travel pay which is included in the check, will be returned to the Packet Page 116
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Compensation Plan for Unclassified Positions
Effective July 2022
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employee. This rule also applicable to those employees serving on the Grand Jury.
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.A.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Samantha Alcaraz, Human Resources Analyst
Victor Damiani, Finance Director
Dan Meewis, Recreation Director
DATE: March 2, 2023
SUBJECT: ADOPT AN ORDINANCE APPROVING THE PART-TIME
(REGULAR, TEMPORARY, AND SEASONAL) DEFINITION AND
CLASSIFICATION TO MONITOR THE ALLOWED NUMBER OF
HOURS WORKED PER FISCAL YEAR (SECOND READING - ROLL
CALL VOTE)
RECOMMENDATION
Second reading of an ordinance on defining part-time classifications (regular and temporary/seasonal part-time) and maximum hours worked, per fiscal year.
BACKGROUND
A temporary/seasonal part-time employee is defined as working no more than 999 hours in a fiscal year and a classified regular part-time employee will work between 1,000 and no more than1,560 hours per fiscal year. Upon written approval of the City Manager, or his/her designee, the maximum hours worked by a regular part-time employee in a fiscal year may be increased to 1800 hours. For temporary/seasonal employees, they will be released and re-hired, if applicable, once the 999 hours are reached within a fiscal year. Written approvals shall automatically expire at the end of the fiscal year within which the original approval is granted. Regular part-time employees shall be eligible for those benefits required by applicable state and federal law and to participate in the appropriate City CalPERS Retirement System. Regular parttime employee classifications shall be eligible for those salary increases adopted by the City Resolutions.
FISCAL IMPACT
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Item No. 9.A. Page 2 of 2
The City's pension costs are expected to increase significantly in the coming years and reach as high as $7.5 million to $9.6 million per year. Pension cost is one of the most significant budget headwinds that the City faces. Having a well defined policy regarding temporary & seasonal workers will assist the City in containing pension costs.
ATTACHMENTS
1. Draft Ordinance
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 119
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE
PROVIDING A TEXT AMENDMENT TO SEASIDE MUNICIPAL CODE CHAPTER
2.44 PERSONNEL SYSTEM, UPDATING SECTION 2.44.060
AUTHORIZING THE PART-TIME (REGULAR, TEMPORARY, AND SEASONAL)
DEFINITION, CLASSIFICATION, AND NUMBER OF HOURS ALLOWED TO
WORK PER FISCAL YEAR
WHEREAS, the City’s need to establish an ordinance for Part-Time classification, definition, and allotted hours per fiscal year, and benefits on recommendation of the City Manager and approval by the City Council; and
WHEREAS, in order to provide the City’s cost savings, the maximum amount of hours of part-time temporary/seasonal employees will not exceed 1,000 hours in a fiscal year and will be eligible for benefits required by applicable state and federal law; and THE CITY COUNCIL OF THE CITY OF SEASIDE DOES ORDAIN AS FOLLOWS:
SECTION 1. GENERAL PURPOSE AND FINDINGS.
The purpose of this Ordinance is to consider the following text amendments to the Seaside Municipal Code:
Text amendment to Seaside Municipal Code Chapter 2.44 Personnel System, and to update Section 2.44.060 Appointments and probation.
SECTION 2. ENVIRONMENTAL COMPLIANCE.
The proposed changes to the Ordinance will not result in direct or indirect changes to the environment and do not meet the definition of project under California Environmental Quality Act (CEQA). (14 CCR 15378(b)).
SECTION 3. TEXT AMENDMENT
The ordinance revises section 2.44.060. Additions are show in underline as follows:
Appointments to vacant positions in the classified service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. All appointments and promotions in the city service shall be made without regard to race, religious creed, color, national origin, ancestry, sex, age, physical or mental disability, Packet Page 120
medical condition, sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military or veteran’s status, and/or any other category protected by federal, state, or local law.
All full-time appointments shall be for a probationary period of not less than twelve months. Appointments will not be considered regular until successful completion of the probationary period, which may be extended in accordance with the personnel rules.
Probation for promotional appointments shall be for a period of not less than six months except members of police and fire service associations which are subject to twelve-month probationary periods. (Ord. 1042 § 2 (Att. A), 2017; Ord. 442 § 1, 1974; prior code § 1- 409. Formerly 2.44.030)
The regular part-time will be defined as hours works between 1,000 and no more than 1560 per fiscal year. With written approval from the City Manager, or his/her designee, the maximum hours worked in a fiscal year may be increased to 1800 hours. Such approval shall automatically expire at the end of the fiscal year within which the original approval is granted.
The regular part-time employees shall be eligible for those benefits required by applicable state and federal law and to participate in the appropriate City retirement system. The regular part-time employees shall also be eligible for those salary adjustments as adopted by City Council Resolutions.
SECTION 4. FINDINGS.
The City Council hereby finds that the part-time established definitions, classifications, benefits, and number of hours allowed to work per fiscal year.
SECTION 5. 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 person or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable.
B. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that nay one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phases be held unconstitutional, invalid or unenforceable.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall become effective thirty (30) days after its final passage and adoption at a duly noticed public hearing for the second reading of the proposed text revisions.
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INTRODUCED AND PASSED TO PRINT at a regular meeting of the City Council of the City of Seaside, State of California, on the 16th day of February 2023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 2nd day of March 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
________________________
Ian N. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
__________________________
Sheri L. Damon, City Attorney
Packet Page 122
CITY OF SEASIDE
STAFF REPORT
Item No.: 9.B.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: March 2, 2023
SUBJECT: ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING
ORDINANCE OF THE SEASIDE MUNICIPAL CODE MODIFYING
SECTION 17.52.230 (ACCESSORY DWELLING UNITS) TO
IMPLEMENT RECENT HOUSING BILLS - THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT DOES NOT APPLY (SECOND
READING - ROLL CALL VOTE)
RECOMMENDATION
Second reading of an ordinance amending title 17 (Zoning Ordinance of the Seaside Municipal Code modifying Section 17.52.230 (Accessory Dwelling Units) to implement recent housing bills. CEQA does not apply pursuant to Public Resources Code Section 21080.17.
BACKGROUND
Chapter 17.74 of the Seaside Zoning Ordinance provides the process to be utilized when the Zoning Ordinance is amended. This Chapter specifies that the Planning Commission is to review all proposed Zoning Ordinance Amendments and provide a recommendation to the City Council to either approve, approve with modifications, or deny the Zoning Ordinance Amendment (ZOA).
The proposed ZOA 23-01 would repeal and replace the existing Section 17.52.230 of the Zoning Ordinance relating to Accessory Dwelling Units. An Accessory Dwelling Unit (ADU) is a residential unit that is built on the same site as another, principal dwelling unit. California Law (particularly Government Code Section 65852.2) includes a number of provisions that preempts much local regulation when it comes to approving Accessory Dwelling Units. As a result, City discretion regarding ADUs is limited.
The City Council approved an update to the previous Zoning Ordinance on April 7, 2022 Packet Page 123
Item No. 9.B. Page 2 of 4
(see attached Ordinance No. 2013). Since then, the State of California has approved two additional bills, AB 2221 and SB 897, which have further modified the preemptions to the City’s Code. The City’s Zoning Ordinance is therefore proposed to be modified to reflect these changes. Further, additional modifications are proposed to provide additional clarity to particular provisions of the Code and facilitate the use of the Code as a “manual” for Planners and the public. This has resulted in a partial reorganization of Section 17.52.230.
Update Summary
Significant changes to the Code which have been included are summarized as follows (note that some Section numbers have changed from the current Code):
Maximum Height of Structures – Under the current Ordinance, Section
17.52.230(E)(2) provides for a maximum height of 16 feet for detached ADUs and 22 feet if the ADU is located above a garage. Under the proposed ZOA, Section
17.52.230(G)(2) has been modified to reflect that detached ADUs may in certain situations be increased to 18 feet or more in height. Attached ADUs will be limited to the maximum height of the Zoning District or 25 feet, whichever is less. This change implements the recently adopted Government Code Section 65852.2(c)(2)(D).
Exempt ADUs – The proposed ZOA includes new language that establishes a class of “Exempt ADUs.” This implements Section 65852.2(e) of the Government Code. If a proposed ADU meets the criteria for an Exempt ADU, then the City is limited to reviewing only those criteria specified as being necessary for an Exempt ADU. For example, a detached ADU that is 800 square feet or less, meets minimum 4 foot side and rear yard setbacks, and meets the height maximums specified in the Government Code must be approved regardless of compliance with other provisions of the Zoning Ordinance. Exempt ADUs are not subject to the requirements of Subsections G and H (currently Subsections E and G) in the ZOA.
Utility ADUs – Utility ADUs are added as a definition to assist in the implementation of this Section. Government Code Section 65852.2(c)(2)(c) prohibits the application of most zoning criteria that would prevent the construction of an 800 square foot ADU meeting height and setback standards. The existing Code provides that many development regulations are applicable unless their applicability would prevent the construction of an ADU. The inclusion of the definition of a “Utility ADU” which corresponds to the language of Government Code 65852.2(c)(2)(C) will better define when these provisions are applicable and will help the City to ensure that development is consistent with the standards implemented by the community while not conflicting with State laws.
Other, less significant updates are summarized in the Table below:
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Item No. 9.B. Page 3 of 4
Current Code Proposed ZOA Summary of Change
17.52.230(E)(3) 17.52.230(A) Added clarification that Codes are in addition to Building and Fire Codes.
17.52.230(F) 17.52.230(E) Relocated language prohibiting short-term rentals and separate sales of ADUs to clarify applicability of
requirements to Utility ADUs.
17.52.230(E)(4) 17.52.230(G)(4) Increased maximum floor area for one-bedroom ADU from 800 to 850 square feet pursuant to
Government Code Section 65852.2(c)(2)(B).
Increased maximum size from 40% of size of
primary dwelling to 50% of the size of the primary
dwelling. Eliminated two-bedroom limit.
17.52.230(H)(4) In order to mitigate the effects from the loss of onsite parking when garages and/or carports are converted to ADUs, added language specifying that it
is not required to remove any on-site driveways that
formerly served this parking.
Due to the significant reorganization of the existing Ordinance, the use of "redlines" is unfortunately impractical. Therefore, the Ordinance proposes to repeal and replace the entirety of 17.52.230, rather than amending through a strikethrough/underline format.
The Planning Commission reviewed this language at its meeting of January 25, 2023, and recommended that the City Council adopt the language as presented. A copy of the Resolution is attached.
CEQA Review
Section 21080.17 of the California Public Resources Code provides that the adoption of Ordinances implementing Government Code Section 65852.2 are not subject to the California Environmental Quality Act (CEQA). As this ZOA serves to implement Government Code Section 65852.2, no review is necessary under CEQA.
FISCAL IMPACT
This item is not expected to have any fiscal impact upon the City.
ATTACHMENTS
1. Draft Ordinance
2. Ord 2013 Repealing and Amending Section 17.52.230 of SMC
3. PC Resolution 23-02
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Item No. 9.B. Page 4 of 4
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE
ADOPTING A ZONING ORDINANCE AMENDMENT REPEALING AND REPLACING SECTION 17.52.230 OF THE SEASIDE ZONING ORDINANCE REGARDING
ACCESSORY DWELLING UNITS
WHEREAS, on April 7, 2022, the City Council passed and adopted Ordinance No. 2013 to set forth requirements for Accessory Dwelling Units within the City of Seaside; and
WHEREAS, in September 2022, Governor Newsom signed into law Assembly Bill (AB) 2221 and Senate Bill (SB) 897 amending California Government Code section 65852.2, related to ADUs; and
WHEREAS, due to these changes in State law regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), the City’s ADU ordinance, Section 17.52.230 (Residential Second Units) of the Seaside Municipal Code (SMC) must be updated; and
WHEREAS, the proposed Zoning Ordinance Amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code; and
WHEREAS, on January 25, 2023, the Planning Commission held a duly noticed public hearing and adopted Resolution 23-02 recommending that the City Council adopt ZOA 23-01 as presented by staff.
NOW, THEREFORE, The City Council of the City of Seaside does hereby ordain as follows:
SECTION 1. The City Council hereby finds and determines the foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2. Section 17.52.230 of the Seaside Municipal Code is hereby amended in its entirety to read as provided in Exhibit A.
SECTION 3. The City Council hereby finds that this Ordinance implements Section 65852.2 of the California Government Code and is therefore not subject to the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code.
SECTION 4. If any provision, section, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, Packet Page 127
such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective thirty days following adoption of its second reading.
INTRODUCED, at a regular meeting of the City Council of the City of Seaside, State of California, duly held on the 16th day of February 2023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, held on the 2nd day of March 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
__________________________
Ian N. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
___________________________
Sheri L. Damon, City Attorney
Attach:
Exhibit “A” – Zoning Ordinance Amendment Text
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Exhibit “A”
Zoning Ordinance Amendment Text
17.52.230 Accessory Dwelling Units
Sections:
A. Purpose and intent.
B. Definitions.
C. Locations permitted.
D. Effect of nonconforming.
E. Legal use requirements.
F. Exempt Projects
G. ADU and JADU design standards.
H. Off-street parking requirements.
I. Processing.
J. Contents of applications.
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. These regulations shall be in addition to any requirements imposed by any other applicable law, including, but not limited to, the Seaside Building Code and Seaside Fire Code.
B. Definitions. As used in this section, terms are defined as follows:
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“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit located on a parcel with a proposed or existing primary residence 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 17858.1 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.
"Accessory structure" means a building or structure that is incidental to that of the main building on the same parcel.
"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 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
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4. Includes an efficiency kitchen, as defined in this Chapter. "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. “Multifamily ADU” means either:
1. ADUs established within the potions of multifamily structures previously used as livable space, not exceeding 25 percent of the existing multifamily structures; or
2. Detached single family ADUs on a lot that has existing multifamily dwellings being subject to height limits and 4-foot rear yard setbacks. "Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.
"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.
“Utility ADU” means an ADU no larger than 800 square feet and meeting four-foot required side and rear yard setbacks.
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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.
Unless specifically stated otherwise, nothing in this Section shall be interpreted to render any requirements applicable to the primary dwelling unit(s) on the site inapplicable.
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. Legal 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 except as provided in California Government Code Section 65852.26.
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F. Exempt Projects. The following Exempt Projects shall not be subject to the requirements set forth in Subsections G and H, below, when said projects are located within a residential or mixed use zoning district; however, these Exempt Projects shall comply with all applicable requirements of the Seaside Building and Fire Codes, including requirements for separation between structures and fire-resistance ratings:
1. One Accessory Dwelling Unit and one Junior Accessory Dwelling Unit per lot with a proposed or existing Single-Family Dwelling if all of the following apply:
a. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit is within the proposed space of a Single-Family Dwelling or is within the existing space of a SingleFamily Dwelling or Accessory Structure. If within the space of an existing Accessory Structure, the structure may be expanded a maximum of 150 square feet beyond its existing physical dimensions solely for the purpose of accommodating ingress and egress.
b. The ADU or JADU has its own exterior access without need to travel through the existing or proposed Single-Family Dwelling.
c. The side and rear yard setbacks are sufficient for fire and safety, as determined by the City Building Official and Fire Chief. d. Any JADU complies with the requirements of California Government Code 65852.22, as such may be amended from time to time.
2. One new construction Detached Accessory Dwelling Unit, which may also include a JADU within the same building, on a lot with an existing or proposed Single-Family Dwelling, if all of the following apply:
a. The structure shall be set back a minimum of four feet from the side and rear property lines.
b. The total floor area of the structure shall not exceed 800 square feet. c. The height of the structure shall be limited to no more than the heights specified in Section 17.52.230(G)(2).
3. Multiple Accessory Dwelling Units within the portions of existing buildings used for Multifamily Dwelling Units that are not used as livable space, including, but not limited Packet Page 133
to, storage rooms, boiler rooms, passageways, attics, basements, or garages. Spaces converted in this manner must meet applicable Building Code standards for dwelling units. The number of Accessory Dwelling Units created in this manner shall not exceed 25% of the originally existing Multifamily Dwelling Units, except that at least one Accessory Dwelling Unit shall be allowed.
4. Not more than two Detached Accessory Dwelling Units that are located on a lot that has existing Multifamily Dwelling Units, where the Detached Accessory Dwelling Units have a height that does not exceed the heights specified in Section 17-52.230 (G)(2) and are set back a minimum of four feet from all side and rear yard property lines.
G. ADU and JADU design standards. ADUs and JADUs shall comply with the following standards:
1. Maximum Number. One ADU and/or one JADU shall be allowed on each lot or parcel with a residential zoning designation. Multifamily ADUs shall comply with Government Code Section 65852.2.
2. Height limit. Accessory Dwelling Units shall comply with the following:
a. An attached accessory dwelling unit shall not exceed the maximum height specified for the Zoning District in which the ADU is located or 25 feet, whichever is less. b. A newly constructed detached ADU shall be limited to one story and shall not exceed a maximum overall height of sixteen feet (16’), except that a detached ADU may be constructed to a height of 18 feet if:
1) The detached ADU is located on a lot with an existing multistory multifamily dwelling unit; or
2) The detached ADU is located within one-half mile of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, in which case an additional two feet of height is permitted if necessary to align the roof pitch of the ADU with the roof pitch of the primary dwelling.
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c. An attached ADU, accessory to a duplex or multifamily, shall be limited to a conversion of existing non-livable space and must maintain the existing height of the structure being converted.
3. Setbacks. ADUs and JADUs shall comply with the setback standards of the primary dwelling(s) for the applicable zone, except that minimum side and rear setbacks of four feet shall be required. 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 a Utility ADU that would otherwise comply with all other provisions of this Section.
a. 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, or that is demolished and reconstructed in the same location as an ADU.
4. Maximum unit size.
a. The maximum square footage of an ADU shall not exceed 850 square feet for a studio or one-bedroom, and 1000 square feet for units with two or more bedrooms. In no case shall a detached ADU exceed fifty percent of the floor area of the living area of the primary dwelling. This requirement shall not prevent the establishment of a Utility ADU that would otherwise comply with all other provisions of this Section.
b. The floor area of a JADU shall not exceed a maximum of 500 square feet, and shall be contained within a proposed or existing single-family dwelling or within a converted garage, carport or covered patio.
c. The floor area for multifamily ADUs shall comply with Government Code Section 65852.2.
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5. Separate entrance required. An attached ADU and/or JADU shall provide a separate exterior access from the existing primary residence. Entry doors cannot be on the same facade as the primary entry/front door of the primary residence and exterior staircases or ramps shall be placed in the area furthest from any property lines if said staircase encroaches into a side or rear yard setback. This requirement shall not prevent the establishment of a Utility ADU that would otherwise comply with all other provisions of this Section.
6. Window placement. 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. This requirement shall not prevent the establishment of a Utility ADU that would otherwise comply with all other provisions of this Section.
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 a Utility 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, and exterior colors and finishes. This requirement shall not prevent the establishment of a Utility 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 or exterior concealment of the garage door(s), which shall be replaced or concealed with a wall meeting Building Code requirements and including architectural treatment and features, including if appropriate walls, doors, windows, trim, and accent details, consistent with the primary dwelling. This requirement shall not prevent the Packet Page 136
establishment of a Utility 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 a Utility 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 shall provide property owners with a preapproved 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 a Utility 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 a Utility ADU that would otherwise comply with all other provisions of this section.
H. 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 Packet Page 137
rear property setback areas, or as tandem parking in compliance with Chapter 17.34 (Off-Street Parking).
1. Notwithstanding the above, no additional parking shall be required if one or more of the following conditions applies to the ADU:
a. The ADU is located within one-half mile walking distance of public transit. b. The accessory dwelling unit is located within an architecturally and historically significant historic district within which the parking requirement would be inconsistent.
c. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
d. When on-street parking permits are required but have not been offered to the occupant of the accessory dwelling unit.
e. When there is a car share vehicle located within one block of the accessory dwelling unit.
f. When a permit application for an ADU is submitted at the same time as a permit application for a new single-family or multifamily dwelling or dwellings located upon the same lot and the ADU meets any of the criteria specified in this subsection.
2. 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.
3. A new driveway approach or curb cut for an ADU or JADU, if needed, may require a separate encroachment permit from the City’s Engineering Department.
4. Notwithstanding Section 17.34.120(A)(1)(d) of the Seaside Municipal Code, when an existing, legally constructed garage or carport is converted to an ADU or JADU, it is unnecessary to remove any existing driveway access or curb cut that formerly served said garage or carport, provided that the driveway is a minimum of 20 feet in length.
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I. 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, unless the applicant requests a processing delay, in which case the sixty-day period is tolled for the period of the requested delay, up to a maximum of 180 days. If a 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. 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.
J. 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, and demonstrating compliance with all 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 Packet Page 139
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 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 plans showing 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. Monterey Peninsula Unified School District (MPUSD): Release for any payment of school district fees.
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RESOLUTION NO. 23-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEASIDE
RECOMMENDING ADOPTION OF A ZONING ORDINANCE AMENDMENT
REPEALING AND REPLACING SECTION 17.52.230 OF THE SEASIDE ZONING
ORDINANCE REGARDING ACCESSORY DWELLING UNITS
WHEREAS, on April 7, 2022, the City Council passed and adopted Ordinance No. 2013 to set forth requirements for Accessory Dwelling Units within the City of Seaside; and
WHEREAS, in September 2022, Governor Newsom signed into law Assembly Bill (AB) 2221 and Senate Bill (SB) 897 amending California Government Code section 65852.2, related to ADUs; and
WHEREAS, due to these changes in State law regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), the City’s ADU ordinance, Section 17.52.230 (Residential Second Units) of the Seaside Municipal Code (SMC) must be updated; and
WHEREAS, the proposed Zoning Ordinance Amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code; and
WHEREAS, Section 17.74.040 of the Seaside Zoning Ordinance provides that the Commission shall make a recommendation to the City Council to approve, approve with modifications, or deny any proposed Zoning Ordinance Amendment.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING COMMISSION HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
1. The Planning Commission finds that: a) the facts set forth in the recitals in this Resolution are true and correct and incorporated by reference; b) the recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the action taken in this Resolution; c) the provisions in this Resolution and the proposed permanent Ordinance (Section 17.52.230) are consistent with the General Plan, Seaside Municipal Code and applicable federal and state law; and d) neither this Resolution nor the Ordinance and associated fee schedule amendments will be detrimental to the public interest, health, safety, convenience or welfare.
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2. The Planning Commission hereby recommends that the City Council adopt an Ordinance repealing and replacing Section 17.52.230 to read as described in the attached Exhibit “A” and make the findings contained therein.
PASSED AND ADOPTED at a meeting of the Planning Commission of the City of Seaside, State of California, on the 25th day of January, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Will Silva, Chairperson
ATTEST:
______________________________
Dominique L. Davis, City Clerk
Attach:
Exhibit “A” – Zoning Ordinance Amendment Text
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Exhibit “A”
Zoning Ordinance Amendment Text
17.52.230 Accessory Dwelling Units
Sections:
A. Purpose and intent.
B. Definitions.
C. Locations permitted.
D. Effect of nonconforming.
E. Legal use requirements.
F. Exempt Projects
G. ADU and JADU design standards.
H. Off-street parking requirements.
I. Processing.
J. Contents of applications.
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. These regulations shall be in addition to any requirements imposed by any other applicable law, including, but not limited to, the Seaside Building Code and Seaside Fire Code.
B. Definitions. As used in this section, terms are defined as follows:
“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit located on a parcel with a proposed or existing primary residence 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 Packet Page 157
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 17858.1 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.
"Accessory structure" means a building or structure that is incidental to that of the main building on the same parcel.
"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 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. "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.
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“Multifamily ADU” means either:
1. ADUs established within the potions of multifamily structures previously used as livable space, not exceeding 25 percent of the existing multifamily structures; or
2. Detached single family ADUs on a lot that has existing multifamily dwellings being subject to height limits and 4-foot rear yard setbacks. "Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.
"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.
“Utility ADU” means an ADU no larger than 800 square feet and meeting four-foot required side and rear yard setbacks.
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. Unless specifically stated otherwise, nothing in this Section shall be Packet Page 159
interpreted to render any requirements applicable to the primary dwelling unit(s) on the site inapplicable.
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. Legal 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 except as provided in California Government Code Section 65852.26.
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F. Exempt Projects. The following Exempt Projects shall not be subject to the requirements set forth in Subsections G and H, below, when said projects are located within a residential or mixed use zoning district; however, these Exempt Projects shall comply with all applicable requirements of the Seaside Building and Fire Codes, including requirements for separation between structures and fire-resistance ratings:
1. One Accessory Dwelling Unit and one Junior Accessory Dwelling Unit per lot with a proposed or existing Single-Family Dwelling if all of the following apply:
a. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit is within the proposed space of a Single-Family Dwelling or is within the existing space of a SingleFamily Dwelling or Accessory Structure. If within the space of an existing Accessory Structure, the structure may be expanded a maximum of 150 square feet beyond its existing physical dimensions solely for the purpose of accommodating ingress and egress.
b. The ADU or JADU has its own exterior access without need to travel through the existing or proposed Single-Family Dwelling.
c. The side and rear yard setbacks are sufficient for fire and safety, as determined by the City Building Official and Fire Chief. d. Any JADU complies with the requirements of California Government Code 65852.22, as such may be amended from time to time.
2. One new construction Detached Accessory Dwelling Unit, which may also include a JADU within the same building, on a lot with an existing or proposed Single-Family Dwelling, if all of the following apply:
a. The structure shall be set back a minimum of four feet from the side and rear property lines.
b. The total floor area of the structure shall not exceed 800 square feet. c. The height of the structure shall be limited to no more than the heights specified in Section 17.52.230(G)(2).
3. Multiple Accessory Dwelling Units within the portions of existing buildings used for Multifamily Dwelling Units that are not used as livable space, including, but not limited Packet Page 161
to, storage rooms, boiler rooms, passageways, attics, basements, or garages. Spaces converted in this manner must meet applicable Building Code standards for dwelling units. The number of Accessory Dwelling Units created in this manner shall not exceed 25% of the originally existing Multifamily Dwelling Units, except that at least one Accessory Dwelling Unit shall be allowed.
4. Not more than two Detached Accessory Dwelling Units that are located on a lot that has existing Multifamily Dwelling Units, where the Detached Accessory Dwelling Units have a height that does not exceed the heights specified in Section 17-52.230 (G)(2) and are set back a minimum of four feet from all side and rear yard property lines.
G. ADU and JADU design standards. ADUs and JADUs shall comply with the following standards:
1. Maximum Number. One ADU and/or one JADU shall be allowed on each lot or parcel with a residential zoning designation. Multifamily ADUs shall comply with Government Code Section 65852.2.
2. Height limit. Accessory Dwelling Units shall comply with the following:
a. An attached accessory dwelling unit shall not exceed the maximum height specified for the Zoning District in which the ADU is located or 25 feet, whichever is less.
b. A newly constructed detached ADU shall be limited to one story and shall not exceed a maximum overall height of sixteen feet (16’), except that a detached ADU may be constructed to a height of 18 feet if:
1) The detached ADU is located on a lot with an existing multistory multifamily dwelling unit; or
2) The detached ADU is located within one-half mile of a major transit Packet Page 162
stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, in which case an additional two feet of height is permitted if necessary to align the roof pitch of the ADU with the roof pitch of the primary dwelling.
c. An attached ADU, accessory to a duplex or multifamily, shall be limited to a conversion of existing non-livable space and must maintain the existing height of the structure being converted.
3. Setbacks. ADUs and JADUs shall comply with the setback standards of the primary dwelling(s) for the applicable zone, except that minimum side and rear setbacks of four feet shall be required. 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 a Utility ADU that would otherwise comply with all other provisions of this Section.
a. 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, or that is demolished and reconstructed in the same location as an ADU.
4. Maximum unit size.
a. The maximum square footage of an ADU shall not exceed 850 square feet for a studio or one-bedroom, and 1000 square feet for units with two or more bedrooms. In no case shall a detached ADU exceed fifty percent of the floor area of the living area of the primary dwelling. This requirement shall not prevent the establishment of a Utility ADU that would otherwise comply with all other provisions of this Section.
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b. The floor area of a JADU shall not exceed a maximum of 500 square feet, and shall be contained within a proposed or existing single-family dwelling or within a converted garage, carport or covered patio. c. The floor area for multifamily ADUs shall comply with Government Code Section 65852.2.
5. Separate entrance required. An attached ADU and/or JADU shall provide a separate exterior access from the existing primary residence. Entry doors cannot be on the same facade as the primary entry/front door of the primary residence and exterior staircases or ramps shall be placed in the area furthest from any property lines if said staircase encroaches into a side or rear yard setback. This requirement shall not prevent the establishment of a Utility ADU that would otherwise comply with all other provisions of this Section.
6. Window placement. 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. This requirement shall not prevent the establishment of a Utility ADU that would otherwise comply with all other provisions of this Section.
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 a Utility ADU that would otherwise comply with all other provisions of this Section.
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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, and exterior colors and finishes. This requirement shall not prevent the establishment of a Utility 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 or exterior concealment of the garage door(s), which shall be replaced or concealed with a wall meeting Building Code requirements and including architectural treatment and features, including if appropriate walls, doors, windows, trim, and accent details, consistent with the primary dwelling.
This requirement shall not prevent the establishment of a Utility 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 a Utility 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 shall provide property owners with a pre-approved list of acceptable Packet Page 165
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 a Utility 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 a Utility ADU that would otherwise comply with all other provisions of this section.
H. 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).
1. Notwithstanding the above, no additional parking shall be required if one or more of the following conditions applies to the ADU:
a. The ADU is located within one-half mile walking distance of public transit. b. The accessory dwelling unit is located within an architecturally and historically significant historic district within which the parking requirement would be inconsistent.
c. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
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d. When on-street parking permits are required but have not been offered to the occupant of the accessory dwelling unit.
e. When there is a car share vehicle located within one block of the accessory dwelling unit.
f. When a permit application for an ADU is submitted at the same time as a permit application for a new single-family or multifamily dwelling or dwellings located upon the same lot and the ADU meets any of the criteria specified in this subsection.
2. 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.
3. A new driveway approach or curb cut for an ADU or JADU, if needed, may require a separate encroachment permit from the City’s Engineering Department.
4. Notwithstanding Section 17.34.120(A)(1)(d) of the Seaside Municipal Code, when an existing, legally constructed garage or carport is converted to an ADU or JADU, it is unnecessary to remove any existing driveway access or curb cut that formerly served said garage or carport, provided that the driveway is a minimum of 20 feet in length.
I. 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, unless the applicant requests a processing delay, in which case the sixty-day period is tolled for the period of the requested delay, up to a maximum of 180 days. If a 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. 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.
J. Contents of Applications. An ADU and/or JADU application shall include the following:
1. Completed Residential Building Permit Application;
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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, and demonstrating compliance with all 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; Packet Page 168
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 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 plans showing 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. Monterey Peninsula Unified School District (MPUSD): Release for any payment of school district fees.
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.C.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: March 2, 2023
SUBJECT: ADOPT A RESOLUTION ADOPTING THE INITIAL STUDY AND
NEGATIVE DECLARATION AND APPROVING THE BROADWAY
AVENUE COMPLETE STREETS PROJECT
RECOMMENDATION
Open a public hearing to accept public comment on the Initial Study/ Negative Declaration prepared for the Broadway Avenue Complete Streets Project; adopt the Initial Study and Negative Declaration under the California Environmental Quality Act; and approve the Project.
BACKGROUND
In 2020, the City applied for and received grant funds from the Active Transportation Program (ATP) and the Regional Surface Transportation Program (RSTP) for the design and construction of the Broadway Complete Street Corridor Improvements Project. The Broadway Avenue Complete Streets Project (Project) will implement a road diet on Broadway Avenue from Fremont Boulevard to General Jim Bouldevard, reducing Broadway Avenue from a 4 lane roadway into a 2 lane roadway with curb extensions, bike lanes, roundabouts, and crosswalks. Project conceptual design plans are attached as Attachment 3.
SITE LOCATION AND DESCRIPTION
The Broadway Avenue Complete Street Corridor Improvements Project (Project) is located within the public right of way of Broadway Avenue between Fremont Boulevard and General Jim Moore Boulevard, and along Yosemite Street between San Pablo Avenue and Wanda Avenue.
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Item No. 9.C. Page 2 of 3
PROJECT DESCRIPTION
The Project includes the design and construction of a 1.3-mile road diet on Broadway Avenue from Fremont Boulevard to General Jim Moore Boulevard and safe routes to school improvements on Yosemite Street from San Pablo Avenue to Wanda Avenue.
The road diet will transform the 4- lane roadway to a 2‐lane roadway with curb extensions, buffered and protected bike facilities, roundabouts, and Safe Routes to School improvements including crosswalks, rectangular rapid flashing beacons, and accessible design. Improvements on Yosemite Street will include bicycle pavement markings and signage.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA) Guidelines 15074, an Initial Study and Negative Declaration (IS/ND) has been prepared for the Broadway Avenue Complete Streets Project. The IS/ND is provided as Exhibit A to Draft Resolution provided as Attachment 1 recommending the adoption of a Negative Declaration for the Broadway Avenue Complete Streets Project. The Initial Study/Negative Declaration document was available for public review between January 19 and February 17, 2023.
Notification to responsible agencies for the review period and public hearing was completed via mailings to the State Clearinghouse, community and regional interest groups, noticed in the Monterey County Weekly, posted at the Monterey County Clerk's office, and posted on the City's website. No comments were received during the 30- day public review period or in response to the legal notice that was published in the Monterey Weekly on January 19, 2023.
STAFF ANALYSIS/FINDINGS
The Initial Study examined any potentially significant impacts based on CEQA thresholds of significance and concluded that there is no substantial evidence to suggest that the project would have a significant effect on the environment. The following reasons support these findings:
1. The proposal is a logical component of the existing land use pattern and circulation system of this area.
2. Potentially adverse construction effects will be addressed by implementation of construction best practices and/or standard conditions of approval.
3. The project will yield beneficial impacts with respect to bicycle and pedestrian safety.
4. The project is contained within the existing street rights of way on previously disturbed lands
5. No significance thresholds under CEQA will be exceeded.
6. The proposed project is consistent with the adopted goals, policies and land uses of the City of Seaside General Plan and Municipal Code.
7. The proposed project is consistent with the West Broadway Urban Village Specific Plan.
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Item No. 9.C. Page 3 of 3
Specifically, environmental issues that could have effects requiring mitigation or standard conditions of approval include air quality (construction emissions) and tribal and cultural resources (protection of inadvertently discovered resources). Overall, the project has very minor environmental consequences, compared to the benefits that would be achieved with its implementation.
CONCLUSION
Based on the analysis, staff recommends the City Council, as a Responsible Agency, adopt the Initial Study/Negative Declaration for the Broadway Avenue Complete Street Project and approve the Project for future funding consideration. Completion of this action by the City Council is a requirement of the project’s grant obligations.
FISCAL IMPACT
There is no impact to the General Fund. The project is paid for with grant funds from the Regional Surface Transportation Program (RSTP) and the Active Transportation Program (ATP) Cycle 10.
ATTACHMENTS
1. Resolution
2. Exhibit A - Initial Study/Negative Declaration
3. Conceptual Design Plan
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
APPROVING THE BROADWAY AVENUE COMPLETE STREET CORRIDOR
IMPROVEMENTS PROJECT AND ADOPTING THE INITIAL STUDY AND
NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Seaside has a Capital Improvement Program (CIP) that included the Broadway Avenue Complete Streets Corridor Improvements Project (Project); and
WHEREAS, the Project is located within the public right of way on Broadway Avenue between Fremont Boulevard and General Jim Moore Boulevard, and along Yosemite Street between San Pablo Avenue and Wanda Avenue; and WHEREAS, the Project includes the design and construction of a 1.3-mile road diet on Broadway Avenue from Fremont Boulevard to General Jim Moore Boulevard and Safe Routes to School improvements on Yosemite Street from San Pablo Avenue to Wanda Avenue. The road diet will transform the 4- lane roadway to a 2‐lane roadway with curb extensions, buffered and protected bike facilities, roundabouts, and Safe Routes to School improvements including crosswalks, rectangular rapid flashing beacons, and accessible design; and WHEREAS, pursuant to Public Resources Code Section 21067 of the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.) (“CEQA”) and Section 15367 of the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq.), the City of Seaside (City) is the lead agency for the proposed Project; and
WHEREAS, an Initial Study and Negative Declaration was prepared for the Project, to determine the potential environmental impacts, and is provided as Exhibit A attached hereto; and
WHEREAS, the City circulated a Notice of Intent to adopt a Negative Declaration for the proposed Project; and
WHEREAS, the Notice of Intent to Adopt a Negative Declaration was circulated for a 30-day public review period beginning Thursday, January 19, 2023 and ending on Friday, February 17, 2023; and
WHEREAS, no written comments were received during the public review period; and
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WHEREAS, the Seaside City Council, at a duly noticed public hearing on March 2, 2023 considered public comments and written information concerning the Initial Study and Notice of Intent to Adopt a Negative Declaration for the proposed Project.
NOW, THEREFORE, BE IT RESOLVED, that the Seaside City Council in its independent judgement adopts the following findings in support of its adoption of the proposed Negative Declaration for the Broadway Avenue Complete Streets Improvements Project (Project):
1. The proposed Project will not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory.
2. The proposed Project will not have any impacts that are individually limited but cumulatively considerable.
3. The proposed Project will not have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly.
4. Construction effects will be addressed by implementation of construction best practices and/or standard conditions of approval.
5. The Project will yield beneficial impacts with respect to bicycle and pedestrian safety.
6. No significance thresholds under CEQA will be exceeded.
Evidence: The proposed Project and limits of construction are located in an urbanized area void of riparian habitat, wetlands, fisheries, or otherwise biologically sensitive habitat. The Project will not impact or alter any historic structures or examples of the area’s history or pre-history. Therefore, the Project will not have any impacts that would cause substantial adverse effects on human beings, either directly or indirectly. Improvements will be implemented within the existing public right of way with no expansion of the existing roadway.
BE IT FURTHER RESOLVED THAT the City of Seaside, State of California, in its independent judgement, hereby approves the Broadway Avenue Complete Street Corridor Improvements Project Initial Study/Negative Declaration; and BE IT FURTHER RESOLVED THAT, the City of Seaside, State of California approves the Project and directs the Public Works Director to complete the associated Packet Page 174
project development activities including but not limited to preparation of the final plans and specifications, preparation of ready-to-advertise contract documents, and public advertisement and bidding of the project.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 2nd of March, 2023 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
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March 2, 2023
City Council Regular Meeting
CLICK LINK TO ACCESS
Item 9C – Attachment 2, Exhibit A
Broadway Avenue Complete Streets Corridor Project
Environmental Initial Study
Hard Copy Available for Review at City Clerk’s Office
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March 2, 2023
City Council Regular Meeting
CLICK LINK TO ACCESS
Item 9C – Attachment 3
Broadway Avenue Complete Streets Corridor Project
Conceptual Design Plan
Hard Copy Available for Review at City Clerk’s Office
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.A.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Victor Damiani, Finance Director
DATE: March 2, 2023
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE ANNUAL MID-YEAR
FINANCIAL REPORT AND ADOPTING PROPOSED CHANGES TO
THE BUDGET OF THE CITY OF SEASIDE FOR THE FISCAL YEAR
2022-2023
RECOMMENDATION
Adopt a resolution accepting the annual mid-year financial report and adopting proposed changes to the budget for the Fiscal Year 2022-2023.
BACKGROUND
This item provides the City Council with an opportunity to review the Annual Operating and Capital Budgets as of mid-year and amend the budget as deemed necessary. The City's Finance Director will provide a presentation summarizing the mid-year financial report which is attached to the agenda item.
FISCAL IMPACT
The City's general fund fiscal year operating budget is projected to produce a surplus of approximately $2.5 million. Staff are requesting budget revisions of approximately $2.7 million. Of the requested revisions, $2.4 million is requested as new appropriations from the general fund, $80k is requested from existing special revenue funds, $25k is requested as a new appropriation from the Muni Water enterprise fund, and $200k is requested to be repurposed from existing general fund appropriations.
ATTACHMENTS
1. Resolution
2. Mid-Year FY 23 Financial Report
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Item No. 10.A. Page 2 of 2
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23- XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
ACCEPTING THE ANNUAL MID YEAR FINANCIAL REPORT AND ADOPTING
PROPOSED CHANGES TO THE BUDGET OF THE CITY OF SEASIDE FOR THE FISCAL YEAR 2022-2023
WHEREAS, The City Council of the City of Seaside reviewed and adopted the 2022-2023 Annual Operating Budget in June of 2022; and
WHEREAS, the City Council conducts an annual mid-year review of the Operating Budget; and
WHEREAS, the City Council of the City of Seaside has conducted the mid-year review and the proposed changes to the FY 2022-2023 Annual Budget; and WHEREAS, the City Council is required to approve changes to the 2022-2023 Operating Budget by resolution.
NOW THEREFORE BE IT RESOLVED,
1. The City Council of the City of Seaside accepts the annual Mid-year Financial Report and adopts the proposed modifications to the 2022-2023 Annual Operating Budget, as detailed in the Mid-year Financial Report, attached, as may be modified and incorporated by staff, as authorized.
2. The City Council of the City of Seaside authorizes the City Manager to execute any contracts or contract amendments associated with any of the budget modifications approved by this resolution.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Seaside duly held on the 2nd day of March 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
__________________________
Ian N. Oglesby, Mayor
ATTEST:
_____________________________
Dominique L. Davis, City Clerk
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APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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Mid-Year FY 2022-23
Financial Report
(Unaudited)
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CITY OF SEASIDE
1 TABLE OF CONTENTS
Introduction ........................................................................................................................... 2-3 General Fund FY 2022-23 Budget Recap………………………………………………………………............. 4 General Fund Revenues Summary......................................................................................... 5-7 General Fund Expenditure Summary..................................................................................... 8-11 Budget Amendments............................................................................................................. 12 Long Term Forecast................................................................................................................ 12-14 General Fund Net Results and Budget Outlook..................................................................... 15-16 Budget Requests.................................................................................................................... 16 Other Funds ........................................................................................................................... 17 Packet Page 183
CITY OF SEASIDE
2 Q2 FY 2022-23 FINANCIAL REPORT
INTRODUCTION
This is the second quarterly report for Fiscal Year 2022- 23, and comprises results for the six month period
ending December 31, 2022. While a few other notable
funds are reviewed, this report focuses primarily on the City’s general fund. General Fund operating revenues
and expenditures as compared to previous years and/or
budget are presented, and any notable changes or
trends in these numbers are explained. The report is
presented on a cash basis, which means that revenues
are recognized at the time revenues are received and
expenditures are recognized at the time payment is
processed. The City does not accrue any revenues or
expenditures in the first quarter.
The purpose of this report is twofold. First, it ensures that the City is consistently monitoring its revenues and expenditures so that it may proactively respond to
unanticipated changes or emerging trends. Second, and
equally important, consistent reporting increases the
transparency of the City’s finances. Quarterly reporting provides the City Council, City Administration, taxpayers and ratepayers with information that demonstrates the
City is meeting this standard.
The information in this report is the most accurate and up-to-date information available at the time of
publication. It is not meant to be inclusive of all financial and accounting transactions. It is intended only to
provide the Council, Management and the public with
an overview of the state of the City’s general fiscal
condition. It should be noted that this report is not an audited financial statement, and the numbers provided
herein are preliminary and subject to change as the year progresses. No data on revenues and expenditures is
final until the City has completed its annual audit and finalized its Annual Comprehensive Financial Report
(ACFR), which is released in the winter of each year for the prior fiscal year.
ECONOMIC OUTLOOK
In March of 2020, the City declared a local emergency in response to the COVID-19 worldwide pandemic. The
ensuing statewide shelter in place orders coupled with
various levels of “reopening” created financial turmoil in the fourth quarter of FY 2019-20 and throughout FY
2021-22.
Till now, the economy has recovered surprisingly well
due to two prime factors; the development and
distribution of a vaccine for the virus and federal
stimulus dollars. As 2022 has progressed, infection,
hospitalization, and death rates have fluctuated. As of October, rates appear to have stabilized at a relatively low level (in relation to previous spikes) which has led California Governor, Gavin Newsom, to announce that he
will end the California COVID-19 State of Emergency on
February 28, 2023.
NATIONAL & STATE ECONOMIC OUTLOOK
Hdl (The City’s revenue enhancement consultant)
reports the national economy grew 4.1% in FY21-22,
and projects it will remain flat in FY 22-23. The flat
growth rate is in comparison to FY19-20 and FY 20-21
which saw very robust growth rates.
• California’s unemployment rate is expected
to continue declining from 5.7% in FY 21-22
to 3.7% in FY 22-23.
• Sales & Use Tax growth is expected to
decrease from 14.8% in FY 21-22 to 3.8% in
FY 22-23.
• California’s median existing home price is
expected to decrease from $669k in FY 21-22
to $652k in FY 22-23.
Source: Hdl
Since the start of the pandemic the Federal Government
has passed and implemented five economic stimulus
packages totaling approximately $6 trillion. The Federal Reserve also lowered the Federal Funds rate to between
0% and .25%. In many ways the federal stimulus may
have slowed the economic damage caused by the health
and safety response to the pandemic and stabilized the
economy. On the other hand, the vigorous amounts of
stimulus coupled with supply chain bottle necks appear
to have contributed to rising inflation. Late in 2021 and early in 2022, many economists believed inflation would be short lived and come as a result of supply chain bottle necks and staffing shortages which would recede with
time. That prediction has not proven correct as inflation has remained unsustainably high as the year has
progressed. The 12-month increase in CPI as of
December, 2022, as reported by the U.S. Bureau of
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Labor Statistics stands at 6.5%. Faced with sustained
inflation, the Federal Reserve has responded with
increases to the Federal Funds Rate. Beginning March
17, 2022 the Federal Reserves has raised rates eight
times; from .25% to 4.75%. Rate hikes in December of
2022 and January of 2023 were .50% and .25%
respectively, indicating that the Federal Reserve has
begun slowing the rate of increases. The hope is that the increased cost of borrowing will lead to reduced demand and more saving. These two outcomes generally lead to
reduced inflation.
Many economists have diverged on whether or not they
believe the economy will fall into recession in 2023.
Many believe a recession is more likely than not, while some believe we will only see an economic slow-down.
It remains to be seen, if, how long, and how severe a
potential recession will be.
LOCAL ECONOMIC OUTLOOK
At the local level, the City of Seaside unemployment rate increased from 3.1% in March of 2020 to 19.0% in April
of 2020 and currently stands at 2.0%
The City of Seaside unexpectedly experienced strong
results in several business sectors thoughout the
pandemic, including Auto Sales, Online Sales, and
Building and Construction Materials. Historically, sales tax from Auto Sales have accounted for approximately
41% of the City’s Sales Tax total and 16% of the General Fund revenue total. In a potential recession, revenue
losses in this sector could have a substantial impact on the City’s finances.
Not all sectors of the local economy, however, fared as well. One major sector of Seaside’s local economy is
based on tourism. Early in the pandemic the local Hotel Tax (Transient Occupancy Tax) dropped off severly and
served as a clear indicator of just how hard that sector was hit. With the lifting of many travel restrictions
beginning in June of 2021, however, this sector
experienced some much needed relief. TOT collections
showed strong signs of recovery throughout the 2021
Summer months and again in the 2022 Summer months.
From a pandemic era low of $2.1 million in fiscal year 20- 21, this sector ended the first half of they year at
approximately $2.3 million. By way of comparison, fiscal year 21-22 generated $1.9 million in hotel tax in the first half of the year.
While entire sectors and larger businesses have
performed strongly throughout the pandemic, many
smaller businesses have struggled. Staffing shortages
have been particulaly difficult and rising pay rates are likely to prove challenging as well.
City staff will continue to monitor and report City
financial health to the City Administration, City Council and Public, as well as monitoring the Federal Reserve ‘s and the Federal Government’s efforts to reduce inflation and avoid or lessen the impacts of a potential recession.
Staff recommends that the City remain flexible should
conditions require action as the year progresses. As of now the City’s finances appear to be on solid ground but recession persists as a potential headwind and the City is already seeing increased costs from labor to materials
and supplies .
Fiscal Year 2021-22 Sales & Use Tax by Category
Source; Forbes Advisor
Economic Indicators:
Source; Hdl
Indicator Period Reported Grade
GDP Q4 2022 +2.9% Good
CPI December 2022 +6.5% Bad
ISM Manufacturing Index December 2022 48.4 Bad
Industrial Production December 2022 +1.6% Neutral
Retail Sales December 2022 -1.1% Bad
Conference Board Leading Indicators December 2022 -1% Bad Markets Data YTD as of 2/2023 +6.5% Neutral
Treasury Yield Curve 10/2 Year Spread January 24, 2023 -0.66% Bad Unemployment Rate January 2023 3.4% Good
Initial Jobless Claims January 19, 2023 183,000 Good
Job Openings and Labor Turnover December 2022 11 million Good Consumer Confidence January 2023 64.6 Good
NFIB Small Business Optimism Index December 2022 89.8 Bad Housing Starts December 2022 -1.4% Bad
NAHB Home Builders Index January 2023 35 Bad
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4 Q2 FY 2022-23 FINANCIAL REPORT
GENERAL FUND
FY 2022-23 BUDGET RECAP:
In June of 2022, the City of Seaside City Council adopted the FY 2022-23 annual budget. Due to a projection of significant revenue recovery and growth, a surplus budget was adopted including an operating surplus of $61k and a capital budget surplus of $4.7M.
The operating budget showed a surplus even while continuing to re-staff the City’s workforce, and provide for a substantial cost of living adjustment. Personnel costs, the City’s largest cost, were budgeted to increase by approximately $3.8M over the previous fiscal year budget. The staffing plan included the addition of 16 new positions which were approved at the fiscal year 2021-22 mid-year budget review. The majority of the positions approved are funded by the general fund.
Budget line items such as equipment, supplies and vehicles were increased to coincide with the staffing ramp up. For a third year running, the City appropriated funds ($500k) (subsequently increased by $110k) for grants to support community non-profits and also funded the Family and Community Support Program with an additional allocation of $540k.
The capital budget likewise showed a surplus. The City expected to receive a one-time land sale revenue of $9M and will provide funding for the City’s CIP (Capital Improvement Program) in the amount of $4.3M (subsequently increased) from the City’s general fund. At the mid-point of the year it appears unlikely that the City will receive the one-time land sale revenue of $9M in the current fiscal year. Projects in the CIP include government buildings, parks, water infrastructure, and stormwater.
RESERVES:
The City’s reserve accounts are fully funded in the fiscal year 2022-23 budget at the following amounts:
Operating Capital Total Budget
FY23 FY23 FY23
Revenues $ 44,092,396 $ 9,000,000 $ 53,092,396
Expenditures (44,031,865) (4,306,113) (48,337,978)
Surplus (Deficit) $ 60,531 $ 4,693,887 $ 4,754,418
General Fund Changes in
Fund Balance:
Emergency Reserve - 15% $ 6,604,780
Special Reserve - 10% 4,403,186
Capital Reserve - 5% 2,201,593
$ 13,209,559
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Q2 GENERAL FUND REVENUES:
Total budgeted revenue for FY 2022-23 including one-time sales and transfers is $53.1M. Excluding the onetime sales the budget is $44.1M. This compares to a FY 2021-22 budget of $39.6M; a budgeted revenue increase of nearly $4.5M.
The following table and chart compares Q2 results for FY23 with Q2 results for FY21 and FY22. FY21 and FY22 are considered pandemic years while FY20 may be considered pre-pandemic. As can be seen in the table, revenues through the second quarter totaled $21.4M which is 5% or $998k higher than the second quarter of the previous year and 25% or $4.2M higher than FY21. The $21.4M equals 48% of total budgeted revenue.
Similarly, though the second quarter of the previous year the City had realized 51% of total budgeted revenue.
This indicates that the City’s revenues are on target with the budget.
General Fund Revenues: Results:
Q2 - 50% Q2 Year-End Vaiance vs.
Budget
FY23 FY23 $ % $ % FY23 $
Sales and Use Tax $ 9,759,779 $ 8,588,266 $ 1,186,307 16% $ 1,771,667 26% $ 20,354,526 $ 834,969 Property Tax 3,022,952 2,839,345 129,065 5% 369,696 15% 6,096,036 50,133 Transient Occupancy Tax 2,082,319 2,246,645 301,560 16% 1,112,268 98% 4,438,457 273,818 Motor Vehicle In-Lieu 2,219,604 2,217,279 128,240 6% 233,615 12% 4,434,557 (4,650) Utility User Tax 1,416,408 1,456,876 234,001 19% 107,162 8% 2,933,061 100,245 Business License Tax 410,000 758,435 90,186 13% 156,346 26% 839,661 19,661 Franchise Fees 776,054 638,248 (38,067) -6% 382,742 150% 1,552,108 - Marijuana Receipts Tax 722,150 550,494 (97,735) -15% (139,377) -20% 1,184,326 (259,974) Miscellanous-Other Revenue 425,978 523,266 112,179 27% 368,664 238% 878,332 26,376 Licenses & Permits 354,101 429,723 (27,834) -6% 205,719 92% 775,255 67,052 Fees & Charges 375,902 382,755 3,401 1% 222,235 138% 741,119 (10,684) Grant Revenue 107,813 315,942 (171,448) -35% (311,125) -50% 107,813 (107,813) Income from Investments 77,245 239,900 82,067 52% 180,079 301% 531,860 377,370 Other Agency Revenue 230,662 110,036 25,804 31% (465,522) -81% 319,581 (141,743) Fines & Forfeitures 65,232 88,689 24,175 37% 24,427 38% 153,922 23,457 Transfer In 25,000 - (983,684) n/a - n/a 50,000 -
Revenues by Source $ 22,071,198 $ 21,385,898 $ 998,219 5% $ 4,218,596 25% $ 45,390,613 $ 1,248,218 Variances:
Year over Year Vs.
FY22
Year over Year
Vs. FY21
Budget Projection
$8.6
$2.8 $2.2 $2.2 $1.5
$7.4
$2.7 $1.9 $2.1 $1.2
$6.8
$2.5
$1.1 $2.0 $1.3
$-
$2.0
$4.0
$6.0
$8.0
$10.0
Sales and Use Tax Property Tax Transient Occupancy Tax Motor Vehicle In-Lieu Utility User Tax Millions
Three Year Comparison - Top Five Revenues
FY23 FY22 FY21
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DISCUSSION OF SIGNIFICANT REVENUE VARIANCES:
Sales and Use Tax
Through the second quarter of the fiscal year $8.6M of sales and use taxes were collected. This equates to a $1.2M or 16% increase over the same quarter in the previous year. Sales and Use Tax projections are provided to the City by Hdl, which is a revenue enhancement consultant used widely by Cities throughout California.
After two years of very strong growth, the City’s sales and use tax growth rate appearsto be slowing somewhat.
Throughout the pandemic years, this category performed quite well particularly in the areas of auto sales, cannabis retail and online sales. Demand for and sales of new and used vehicles remained high despite rising prices related to supply shortages. It is notable that in the first of fiscal year 2022-23 (the most recent report available), sales taxes from auto sales were down approximately 5.5% as compared to the same period a year earlier. As the year progresses it is expected that sales and use tax will remain strong but essentially flat compared to fiscal year 2021-22.
Property Tax
The majority of the City’s property tax receipts do not arrive until December and April each year. FY 2022-23 is showing receipts of $2.9M, an increase in this revenue source of $129k or 5% over the previous fiscal year.
Similar to auto sales, demand for and sales of homes has been high the last two years. High levels of demand coupled with low interest rates and low inventory pushed home prices significantly higher. With the Federal Reserve raising interest rates, however, mortgage rates have climbed and demand has begun to diminish. Hdl is forecasting a small increase in median home prices for the year and a corresponding increase in property tax of 5%.
Additionally, as the recognized obligations of the previous Redevelopment Agency are paid down or settled, more property tax becomes available for pass through distribution. Transient Occupancy Tax (TOT)
Through the second quarter of the fiscal year $2.3M of TOTs were collected. This equates to a $302k or 16% increase over the same quarter in the previous year. It is important to note that this increase is in comparison to a time of imposed capacity restrictions as well as a high level of caution (related to perceived level of trust) on the part of potential tourists. As of the end of FY 2021-22, the travel and hospitality sector had recovered swifter than expected from the lows of FY21 and are trending higher than the pre-pandemic fiscal year 2018-
19. Business License Tax
Through the second quarter of the fiscal year $758k of Business License Taxes were collected. This represents an increase of $90k or 13% over the previous fiscal year and 156k or 26% over fiscal year 2020-21. This indicates that local businesses on the whole are recovering to pre-pandemic levels of gross receipts.
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Utility User Tax (UUT)
Through the second quarter of the fiscal year $1.5M of Utility User Taxes were collected. This represents an increase of 234k or 19% over the previous year. This rate of collection indicates that this revenue source will likely exceed budget by approximately $100k by year end.
Recently the City’s Finance department has taken steps to improve processes and procedures related to administration of the UUT tax program. This has resulted in timelier receipting of UUTs which is reflected in the second results. A clearer trend for this category is beginning to emerge after the change of process. Marijuana Receipts Tax
Through the second quarter of the fiscal year $551k of Marijuana Receipts Taxes were collected. This represents a decrease of $98k or 15% over the previous year. This rate of collection is lower than expected as compared to budget.
The Marijuana Receipts Tax was a new tax revenue for the City beginning in FY 2019-20. The first quarter of FY 2019-20 showed a relatively modest $140k in receipts as operations got under way. The following three quarters ballooned significantly so that the fiscal year total was $1.2M. Fiscal year 2020-21 then increased to $1.4M. Subsequently, however, this revenue source decreased in fiscal year 2021-22 to $1.2M, indicating a leveling out. Based on first two quarterly results, staff believes this revenue source is likely to end the year lower than budget by about $260k.
Licenses and Permits
Through the second quarter of the fiscal year $430k of Licenses and Permits were collected. This equates to a $28k or 6% decrease over the same quarter in the previous year and $206k or 92% as compared to the period two years prior. Much of this revenue recovery is due to an increase in building projects generally. More specifically a portion of the increase is attributable to the Enclave housing development, which generated permit revenue in fiscal year 2021-22 and again in the first quarter of fiscal year 2022-23. Revenue from Enclave building permits is now slowing.
Fines and Forfeitures
Through the second quarter of the fiscal year $89k of Fines and Forfeitures were collected. This equates to a $24k or 37% increase over the same quarter in the previous year. While this category is not generally considered a significant revenue source for the City, it is noted particularly in light of the City’s new parking enforcement program.
In fiscal year 2021-22, the City implemented a parking enforcement program, which consisted of two parking enforcement officers, associated vehicles and other equipment. The program only got under way in earnest during the first quarter of the fiscal year and is expected to generate $55k in revenue by year end. This is more than double the amount generated in the same period one year earlier. While the early results are modest, the program is expected to generate more revenue as it becomes better established.
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Q2 GENERAL FUND EXPENDITURES:
Total budgeted expenditures for FY 2022-23 including transfers are $54.3M. This compares to a FY 2021-22 budget of $51.0; a budgeted expenditure increase of nearly $3.3M. As mentioned previously personnel cost were increased by approximately $3.8M on a year over year basis, which accounts for substantially all of the year over year increase.
Expenditures through the second quarter were $23.1M or 43% of the total fiscal year 2022-23 budget. For comparison, expenditures through the second quarter in the prior year were 44% of the fiscal year 2021-22 budget. This indicates that the City is trending very similar on a year over year basis as compared to the prior year.
EXPENDITURES BY TYPE:
It should be noted that Debt Service is dependent on payment schedules and Capital Outlay is dependent on project schedules.
$14.8
$3.0 $3.0
$14.9
$3.2
$0.2
$11.6
$2.3
$0.2
$-
$2.0
$4.0
$6.0
$8.0
$10.0
$12.0
$14.0
$16.0
Personnel Services Services & Supplies Capital Outlay-Projects Millions
Three Year Comparison - Top Three Expenditure Types
FY23 FY22 FY21
Results:
Annual Q2 - 50% Q2 Year-End Vaiance vs.
Budget
FY23 FY23 FY23 $ % $ % FY23 $
Personnel Services $ 33,053,871 $ 16,526,936 $ 14,803,605 $ (108,827) -1% $ 3,245,432 28% $ 32,619,311 $ 434,561 Services & Supplies 7,843,002 3,921,501 2,998,177 (162,200) -5% 659,433 28% 7,328,915 514,088 Capital Outlay-Projects 3,973,751 1,986,876 3,007,737 2,794,849 1313% 2,803,817 1375% 3,997,721 (23,970) Debt Service 503,848 251,924 189,759 7,865 4% 48,743 35% 503,848 - Internal Service Charge 2,526,484 1,263,242 1,263,242 199,736 n/a 55,810 n/a 2,526,484 - Transfer Out 7,855,018 3,927,509 1,587,183 (2,191,035) n/a 1,452,183 n/a 7,855,018 - Administrative Allocation (1,422,090) (711,045) (711,045) (45,309) n/a (711,045) n/a (1,422,090) - Expenditures by Type $ 54,333,884 $ 27,166,942 $ 23,138,657 $ 495,080 2% $ 7,554,372 48% $ 53,409,206 $ 924,678 General Fund Expenditures by Type:
Variances: Projection
Year over Year Vs.
FY22
Year over Year
Vs. FY21
Budget
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9 Q2 FY 2022-23 FINANCIAL REPORT
DISCUSSION OF SIGNIFICANT EXPENDITURE VARIANCES BY TYPE:
Personnel Services
Personnel Services were similar to results at mid-year in the previous fiscal year. Total cost was $14.8M compared to $14.9M a year earlier. Considering the City’s efforts to rebuild its workforce and cost of living adjustments agreed to during labor negotiations, staff believes personnel costs will trend closer to budget by year end. Still, staff believes year-end results will be about $435k below budget Services & Supplies
Services and supplies were down 5% on a year over year basis and under budget by 24%. Capital Outlay – Projects
Capital outlay and projects were up $2.8M over the previous fiscal year almost entirely due to the purchase of two parcels of land – on Del Monte Avenue and Canyon Del Rey Boulevard.
Budget: Results:
General Fund Personnel Costs by Q2 Q2
Department: FY23 FY23 $ %
Legislative Body $ 44,940 $ 33,191 $ (11,749) -26% Immaterial Administration 460,768 478,868 18,101 4%
City Clerk 87,767 75,543 (12,224) -14% Immaterial
City Attorney 222,583 215,815 (6,768) -3%
Human Resources 381,501 315,080 (66,421) -17% Staffing Vacancies Finance Department 470,536 413,015 (57,521) -12% Lower benefits participation Police Department 6,298,772 5,512,519 (786,253) -12% Staffing Vacancies Fire Department 4,018,702 4,071,969 53,267 1%
Building and Code Enforcement 514,754 371,655 (143,099) -28% Staffing Vacancies Community Development Administration 159,659 115,326 (44,333) -28% Staffing Vacancies Planning 362,472 256,055 (106,417) -29% Staffing Vacancies Economic Development 260,450 239,591 (20,860) -8% Immaterial Public Works/Engineering 1,558,995 1,251,171 (307,823) -20% Staffing Vacancies Recreation 1,685,038 1,453,809 (231,230) -14% PT Summer Employees $ 16,526,936 $ 14,803,605 $ (1,723,331) -10%
Variances:
Q2 vs. Budget Primary Cause of
Variance:
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EXPENDITURES BY DEPARTMENT:
As can be seen in the table above, nearly all departments were under budget through the second quarter of the year.
DISCUSSION OF SIGNIFICANT EXPENDITURE VARIANCES BY DEPARTMENT:
Legislative Body
The Legislative Body is approximately $37k under the amount that would be expected as of the second quarter of the year. This is largely due to the planned improvements to the Council Chambers.
Improvements have been made and have come in approximately $35k lower than budgeted. Administration
The Administration department is approximately $40k under the amount that would be expected as of the second quarter of the year. The variance is largely due to consulting services. Consulting services for a Diversity, Equity and Inclusion program as well as for SB1383 costs are yet to be expended. City Clerk
The City Clerk’s department is approximately $25k under the amount that would be expected as of the second quarter of the year. The department is expected to end the year approximately $89k under budget largely due to elections cost savings.
Human Resources
The Human Resources department is approximately $170k under the amount that would be expected as of the second quarter of the year. The department is expected to end the year approximately $117k under budget due to tapering costs for personnel recruitment.
Results:
General Fund Expenditures by
Annual Q2 - 50% Q2 Year-End
Vaiance
vs.
Budget
Department: FY23 FY23 FY23 $ % $ % FY23 $
Legislative Body $ 427,723 $ 213,861 $ 176,668 $ 91,118 107% $ 33,918 24% $ 403,749 $ 23,973 Administration 857,851 428,925 389,386 200,440 106% 176,728 83% 770,719 87,132 City Clerk 153,969 76,984 52,398 (29,221) -36% (119,041) -69% 72,314 81,654 City Attorney 707,780 353,890 189,445 45,374 31% (26,312) -12% 698,843 8,937 Human Resources 955,881 477,940 308,572 221,288 254% 8,857 3% 838,713 117,167 Finance Department 375,881 187,941 92,141 109,197 -640% (407,316) -82% 361,731 14,150 Police Department 16,199,682 8,099,841 7,424,026 (229,935) -3% 1,599,157 27% 16,026,939 172,743 Fire Department 10,495,739 5,247,869 5,022,843 (268,097) -5% 1,184,302 31% 10,372,693 123,046 Building and Code Enforcement 1,354,818 677,409 477,869 (60,833) -11% 176,004 58% 1,336,866 17,952 Community, Housing & Economic Developme 4,723,911 2,361,955 3,351,742 2,102,934 168% 2,725,182 435% 4,601,406 122,505 Community Development Administration (125,465) (62,733) (136,891) (130,832) (217,699) (135,491) 10,025 Planning 1,193,022 596,511 369,191 139,851 174,376 1,176,766 16,256 Economic Development 3,656,354 1,828,177 3,119,442 2,093,916 2,768,505 3,560,131 96,224 Public Works/Engineering 5,028,967 2,514,483 1,808,712 294,214 19% (567,087) -24% 4,954,763 74,203 Public Works/Engineering (Transfers) 5,978,495 3,739,248 1,500,058 (2,278,159) -60% 1,328,955 n/a 5,978,553 (58) Recreation 5,573,189 2,786,594 2,344,798 296,760 14% 1,441,025 159% 5,491,915 81,273 Expenditures by Department $ 54,333,884 $ 27,166,942 $23,138,657 $ 495,080 2% $ 7,554,372 48% $ 53,409,206 $ 924,678 Budget Variances:
Year over Year
Vs. FY22
Year over Year
Vs. FY21
Projection
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Police Department
The Police department is approximately $676k under the amount that would be expected as of the second quarter of the year. The department is expected to end the year approximately $173k under budget largely due to vacant positions in the department. The department has had some recent success in recruiting officers and staff is hopeful that this success will continue. Fire Department
The Fire Department is $225k under budget through the second quarter of the year due largely to services and supplies costs. Services and Supplies for the department are under budget at the mid-year by $270k largely due scheduled equipment purchases that did not occur in the first half of the year.
The department is expected to end the year approximately $123k under budget again due to service and supplies costs – various accounts are expected to come in under budget. The department is experiencing high overtime and is requesting additional overtime funds at the mid-year. Community, Housing & Economic Development
The Community, Housing & Economic Development department is $990k over budget through the second quarter of the year due largely to the purchase of two real estate properties. These were onetime costs that were expended in the first half of the year. By year-end, the department is expected to be under budget by approximately $123k. The year-end variance is due to some programs running behind budget due to staff turnover.
Public Works & Engineering
The Public Works & Engineering department is $705k over budget through the second quarter of the year. $300k of the variance is due to staffing shortages. The remaining variance is due to project timing and comprised mainly of consulting services and sub contracted work budgets that have yet to be expended. By year-end the department is expected to come closer in line with budget and show a $74k surplus.
Recreation Department
The Recreation department is approximately $442k above the amount that would be expected as of the first two quarters of the year when compared to the adopted budget. $231k of the variance is largely due to the youth Summer Intern program. This program has higher expenditures in the summer months, which includes the first quarter and fourth quarters of the fiscal year. Additionally, many of the events hosted by the Recreation department occur in the spring and summer months – pushing costs up in the first quarter and fourth quarter of the fiscal year. The Community Social Services grant was increased by $110k early in 2023. Those funds have yet to be dispersed. By yearend the department is expected to come closer in line with budget and show an $81k surplus.
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CITY OF SEASIDE
12 Q2 FY 2022-23 FINANCIAL REPORT
BUDGET AMENDMENTS:
Below is a summary of budget amendments appropriated or committed by the City Council in the first two quarters of the year:
As may be seen, the City Council has approved $14.2M in funds through the first two quarters of the year.
Operating budget amendments will affect the operating budget/surplus calculation. Capital Budget amendments will result in an expenditure of fund balance. Commitments will shift funds from the “unallocated” fund balance category to the “committed” fund balance category. While this does not decrease fund balance overall, it does reduce Council’s discretionary balance.
LONG TERM FORECAST
On the following page may be found the City’s five year long-term forecast (LTF). The forecast provides 5 years of historical data as context, the amended budget for FY 2022-23 and five years of forward looking projections. The LTF was developed at a high level (low level of detail). The City’s major sources of revenue were grouped into categories and projected. Likewise, the City’s major expenditures were grouped into categories and projected. The majority of the assumptions used in the report were based on a five-year historical trend or provided by outside consultants. Some projections however are based on known payment or increase percentages. The City’s capital costs, for example, were input according to the five-year CIP.
The following updates were made to the LTF for the Q2 report:
• FY2021-22 projections were updated with audited year-end results • FY2022-23 budget amendments were added
• CalPERS pension costs were updated to include projections provided by NHA advisors in September of 2022.
Operating Budget Amendments Capital Budget Amendments
Laguna Grande Trail Maintenance $ 6,200 Fire Station Upgrades $ 103,713 On Call Transportation Contract $ 50,000 San Pablo Bridge $ 39,960 Roll Over FLIP Program $ 70,208 Emergency Storm Drain Repairs $ 463,744 Real Property - Del Monte Blvd $ 1,150,000
Real Property - Canyon Del Rey $ 1,590,000
Fernando Park $ 80,000
Total $ 230,033 Total $ 3,427,417
Move Sr. Maint. Worker from Water
fund to General fund $ 103,625
Committed Funds
Loan to Muni Water Seaside $ 7,522,232
115 Pension Trust $ 3,000,000
Total $ 10,522,232
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OPERATING OUTLOOK
Late in fiscal year 2021-22, the City agreed to three year labor agreements with all labor groups. This provides more accurate long term forecasting in the area of personnel costs, which is the City’s largest cost. Personnel costs are expected to increase steadily over the next several years, particularly pension costs. One mitigation effort the City has adopted to offset rising pension costs, was establishment of a Section 115 Trust on December 1 of 2022. The initial Trust funding and investment returns are expected to provide a modest $2.86M in pension saving over the next 23 years.
Fire Department personnel costs are expected to push personnel costs up significantly in FY 2026 as Fire Station #2 is anticipated to come online. Overall, operating results are expected to produce small increases or decreases over the next few years. Surpluses may increase in FY 2026 and 2027 as certain development project progress.
43 48 49 50 51 52
Actual Actual Actual Audited
Results
Adjusted
Budget Projected Projected Projected Projected Projected 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028
REVENUES
Sales, Use & Transaction Tax 14,834,786 13,751,243 17,794,977 19,903,626 20,354,526 20,435,944 20,742,483 21,364,758 22,005,700 22,665,872 Property Tax 7,118,845 8,493,623 9,407,980 10,030,828 10,530,593 11,133,632 11,664,707 12,209,448 12,773,525 13,354,720 Transient Occupancy Tax 3,424,302 3,038,525 2,662,172 4,121,251 4,438,457 4,527,226 4,617,771 4,710,126 4,804,329 4,900,415 Sales of Real/Personal Property - - - - - - - - - -
Utility User Tax 2,415,132 2,405,125 2,803,550 2,744,471 2,933,061 3,050,383 3,172,398 3,235,846 3,300,563 3,366,574 Franchise Fees 1,725,050 1,288,511 1,764,355 1,899,159 1,552,108 1,579,270 1,610,856 1,643,073 1,675,934 1,709,453 Marijuana Receipts Tax 514,565 1,209,596 1,416,668 1,198,045 1,184,326 1,255,386 1,305,601 1,344,769 1,385,112 1,426,665 Other Revenues 3,219,237 6,878,513 6,618,636 6,010,683 4,347,542 4,479,286 4,612,821 4,717,535 4,825,391 4,936,483 Developer Deposits - - - 959,369 - - - - - -
Transfer In 135 - 118,983 9,175,575 50,000 - - - - -
Water Fund Loan Repayment - - - - - - 394,838 394,838 394,838 394,838 Campus Town Land Sale - - - - - 6,000,000 - - - -
Projected SRD; net revenue - - - - - - - 3,134,478 3,169,783.32 3,120,475.71 Proected Maingate/Campus Town; net revenue - - - - - - - 4,110,910 3,933,114.57 3,464,938.36 Total Revenues 33,252,052 37,065,136 42,587,320 56,043,006 45,390,613 52,461,127 48,121,474 56,865,782 58,268,291 59,340,435
EXPENDITURES BY TYPE
Personnel Services
Salaries & Overtime 15,138,471 15,949,592 13,659,269 16,236,861 19,402,733 20,177,615 20,984,720 23,506,982 24,212,192 24,938,557 Benefits 7,992,470 9,192,128 9,574,493 10,915,815 5,996,621 6,337,463 6,669,676 7,177,985 7,473,505 7,738,399 Retirement 4,486,506 5,098,131 5,113,279 5,903,103 7,253,877 7,335,852 7,890,202 7,542,310 7,919,426 8,236,203 Total Personnel Services 23,130,940 25,141,720 23,233,762 27,152,676 32,653,231 33,850,930 35,544,598 38,227,278 39,605,122 40,913,159 Services & Supplies 4,506,135 4,532,224 5,591,424 7,913,532 4,801,265 8,400,001 8,568,001 8,739,361 8,914,149 9,092,432 Internal Service Charge 2,387,516 2,024,982 2,414,863 2,135,415 2,526,484 2,785,196 2,840,899 2,897,717 2,955,672 3,014,785 Operating Transfer Out 1,281,860 2,517,092 810,540 1,426,159 3,872,939 1,510,647 1,535,878 1,566,862 1,596,262 2,560,101 Debt Service 318,773 710,915 189,914 237,888 503,848 674,301 716,806 741,985 731,987 704,612 Debt Service Fire Station #2 - - - - - - - 825,000 825,000 825,000 Administrative Allocation (1,004,152) (1,304,327) (1,344,047) (1,331,538) (1,422,090) (1,538,133) (1,584,277) (1,631,805) (1,680,759) (1,731,182) Total Operating Expenditures 30,621,072 33,622,607 30,896,457 37,534,132 42,935,676 45,682,942 47,621,906 51,366,399 52,947,432 55,378,907 Operating Surplus/(Deficit) 2,630,980 3,442,530 11,690,863 18,508,874 2,454,938 6,778,185 499,568 5,499,383 5,320,859 3,961,528 Capital Outlay 2,524,156 2,108,745 1,223,053 4,487,472 10,473,530 3,246,774 3,316,645 3,352,978 3,390,038 3,427,839 Phase II Campus Town Demolition - - - - - 6,000,000 - - - - Net Change in Fund Balance 106,824 1,333,784 10,467,810 14,021,402 (8,018,593) (2,468,589) (2,817,077) 2,146,404 1,930,821 533,689 End of Year Fund Balance 18,974,801 19,815,169 30,282,979 44,304,381 36,285,787 33,817,198 31,000,121 33,146,526 35,077,347 35,611,036 Less Rainy Day Reserves 12,340,000 9,045,764 11,459,000 11,231,853 15,880,703 17,213,128 18,301,091 23,026,295 24,154,628 19,765,291 Less Restricted Balances 3,221,633 2,425,725 2,655,428 3,614,797 9,947,957 9,947,957 9,656,401 9,288,390 8,919,013 8,548,265 Unassigned Fund Balance 3,413,168 8,343,680 16,168,551 29,457,731 10,457,128 6,656,113 3,042,629 831,841 2,003,706 7,297,480 Long Term Forecast
$27.2 $33.1
$35.7 $32.1
$42.0
$53.4
$48.9
$50.9 $54.7 $56.3
$33.3
$37.1 $42.6
$56.0
$45.4
$52.5
$48.1
$56.9 $58.3 $59.3
$0.0
$10.0
$20.0
$30.0
$40.0
$50.0
$60.0
$70.0
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028
Total Fund Balance Expenditures Revenues Rainy Day Reserves (policy level) Unassigned Fund Balance Packet Page 195
CITY OF SEASIDE
14 Q2 FY 2022-23 FINANCIAL REPORT
The City Council has appropriated or committed various and significant amounts of fund balance in the first half of fiscal year 2022-23. Those amounts will be reflected in the long term forecast in terms of decreasing “unassigned” fund balance.
DEVELOPMENT OUTLOOK
Three notable development projects are expected to increase City costs for services and infrastructure, as well as generating revenue; Seaside Resort Development, Campus Town and Main Gate. All three of the projects are expected to increase sales tax and property tax. The Seaside Resort Development and Campus Town Project will also generate significant transient occupancy taxes. The long term forecast uses results of Fiscal Impact Analyses (prepared by outside consultants) where possible and nets revenue and expense so as to make the net effect easier to discern. The City is committed to seeing these project through and the fiscal impact for the City’s operations is likely to be a net positive.
OVERALL OUTLOOK
The LTF indicates that the City is in a good financial position for the next five years. Due to the exceptionally strong results for FY2020-21 and again for FY 2021-22, the long term forecast has improved since it was first presented to the City Council. This is true even with the $1.2M appropriation in FY2021-22 for the downtown parking lot, another $2.7M for two properties on Del Monte Blvd and Canyon Del Rey Blvd., and the $7.5M capacity fees required to acquire recycled water to water the golf course. Overall unassigned fund balance has decreased, but on the current trajectory it is not likely to drop below rainy day reserve levels. With many headwinds on the horizon, this forecast is subject to change. Staff will continue to update the forecast and present it to Council as specific information becomes available.
PROPOSED STREETS PAVEMENT REHABILITATION FUNDING POLICY At the February 16, 2023 City Council meeting, the Council reviewed and adopted a 5 year Pavement Rehabilitation Policy. The adopted 5 year plan identified $2.4M of available funding in year one and $1M of available funding in years two through five. It was shown that at this level of funding, the City’s streets will decrease from the current Pavement Condition Index (PCI) of 59 to a PCI of 49. The 5 year pavement rehabilitation policy and plan clearly showed that the City must find additional funding sources for street maintenance and rehabilitation. In addition to seeking other funding sources, city staff proposes the following funding policy to compliment the 5 year Pavement Rehabilitation Policy recently adopted:
Each year, at the mid-year budget review a projected year-end operating surplus or deficit will be calculated for the City’s general fund. Twenty five percent (25%) of any projected surplus will be committed to the following year pavement rehabilitation project. This amount will be in addition to any Maintenance of Effort (MOE) imposed upon the City by any outside agency.
By way of example, the FY2022-23 projected year-end operating surplus is $2.5M. If the proposed policy is adopted by the City Council, then approximately $614K would be committed to the FY2023-24 pavement rehabilitation project.
Packet Page 196
CITY OF SEASIDE
15 Q2 FY 2022-23 FINANCIAL REPORT
GENERAL FUND NET RESULTS & BUDGET OUTLOOK:
Overall, the first half of the year showed expenditures of $23.1M (43% of the annual budget) in comparison with revenues of $21.4M (48.4% of the annual budget). This is not a cause for concern in light of the fact that certain revenues run two months in arears (Sales, Use & Transaction Taxes). Additionally, the Council has opted to use fund balance to pay for capital expenditures. Some insights may be gained at the mid-year budget review:
• Revenues remain strong but have begun to flatten out after surprising pandemic era highs. • Sales and Use Tax is beginning to flatten (auto sales in particular). • Property Taxes are beginning to flatten.
• Marijuana Receipts tax are likely to decrease.
• Personnel costs are up as expected with the City rebuilding its workforce and providing robust cost of living adjustments.
• Multiple sizeable one-time transactions have recently been completed.
As can be seen, results at the mid-year indicate that the ongoing operations of the City are expected to continue producing positive financial results. Multiple one-time transactions are expected to decrease fund balance and shift funds from the “unallocated” category to the “committed category.
Projected
Results
FY2023
Projected Fund Balance $ 36,285,787
Unspendable (2,425,725)
Loan to Muni Water Seaside (7,522,232)
Pension Trust (3,000,000)
Emergency Reserve - 15% (6,440,351)
Special Reserve - 10% (4,293,568)
Capital Reserve - 5% (2,146,784)
Unassigned Fund Balance $ 10,457,128
Fund Balance
Operating Capital Total Budget
FY23 FY23 FY23
Beginning Fund Balance (Audited) $ 44,304,380
Revenues 45,390,613 - 45,390,613
Expenditures (42,935,676) (10,473,530) (53,409,206)
Surplus (Deficit/Fund Balance) 2,454,938 (10,473,530) (8,018,593) Ending Fund Balance $ 36,285,787
General Fund Changes in Fund
Balance:
Packet Page 197
CITY OF SEASIDE
16 Q2 FY 2022-23 FINANCIAL REPORT
Headwinds:
• The nation is currently experiencing high inflation rates. Economists are now split on whether a recession is likely to hit in 2023 or if we will only see a slowdown. • Expenses are likely to increase (due to inflation as well as increased cost of labor) and revenues are likely to flatten out.
• PERS unfunded liabilities continue to grow.
BUDGET AMENDMENT REQUESTS:
Following is a list of staff budget requests at the mid-year:
$2.4 million is requested from the projected operating surplus. If all requests are approved, the remaining projected operating surplus would be $67.5k.
Funding Source Request
Projected General Fund operating surplus $ 2,387,427
Special Revenue 80,000
Water User fees 25,000
Existing budget 200,000
Total $ 2,692,427
Projected General Fund operating surplus $ 2,454,938
Staff budget requests $(2,387,427)
Remaining Surplus $ 67,510
Fiscal Impact of Staff Budget Requests
Description Fund Funding Source Amount
Police Department - 2x part-time Police Reserves General Fund Projected General Fund operating surplus 19,000 Fire Department- Utility truck for emegergency incidents and training General Fund Projected General Fund operating surplus 100,000 Fire Department - Overtime General Fund Projected General Fund operating surplus 182,000 Fire Department - Personal safety equipment General Fund Projected General Fund operating surplus 25,000 Fire Department - Increase budget for Fire Station Alert System General Fund Projected General Fund operating surplus 60,000 Fire Department - Turnout storage room remodel General Fund Projected General Fund operating surplus 10,000 Fire Department - repurpose funding for Fire Station interior remodel to Fire Station reroof General Fund Existing budget 200,000 Fire Department - increase in state contract amount for Type III engine already on order General Fund Projected General Fund operating surplus 34,818 Public Works - Fire Station #2 (Agenda Item 8.G) General Fund Projected General Fund operating surplus 126,242 Public Works - Cutino Park (Agenda Item 8.F) General Fund Projected General Fund operating surplus 495,000 Public Works - Committ surplus to roads rehabilitation per proposed fiscal policy General Fund Projected General Fund operating surplus 613,734 Public Works Maintenace - re-budget FOSPA match from FY21-22 General Fund Projected General Fund operating surplus 50,000 Public Works Maintenace - Cost of recycled water from MCWD for the Golf course General Fund Projected General Fund operating surplus 541,633 Public Works Maintenance - Increase Disaster Kleenup Contract General Fund Projected General Fund operating surplus 100,000 Rec; Athletic Services - Increase personnel costs for PT EE converted to FT EE General Fund Projected General Fund operating surplus 15,000 Rec; 4th of July Red, White and Blues event General Fund Projected General Fund operating surplus 15,000 Consulting for Cal Home ADU program Housing Fund Special Revenue 80,000 Muni Water - Increase personnel budget to accommodate Water System Operator Water Enterprise Water User fees 25,000 Total $2,692,427
Packet Page 198
CITY OF SEASIDE
17 Q2 FY 2022-23 FINANCIAL REPORT
OTHER FUNDS
In addition to the General Fund, the budget includes funds from a range of restricted sources as well as businesstype activities that are used to provide specific services, including:
WATER FUND:
The Water Enterprise Fund appears to be functioning as designed. Recent rate increases have greatly increased revenues putting the enterprise in a much better position. Per the City’s approved rate structure, rates increased 15% on January 1, 2022. Year over year, expenditures were somewhat higher in FY 23 as compared to FY22. This is due to some project work getting under way in the first quarter. Design work for a new well is programmed for this fiscal year, but just recently got under way. Second quarter results indicate the fund is on track to collect revenues in line with budget and expenditures are within budget as well.
STORM WATER FUND:
The Storm Water fund expenditures through the first two quarters were $688k. Storm Water costs were $2527k higher than the same quarter of the previous year, mainly due to work on the Del Monte Manor Storm Drain Improvement project. Capital projects for the year are budgeted at $1.3M. The fund appears to be trending within budget for both capital and operating.
Currently the primary source of funding for the Storm Water fund is the City’s General Fund. City staff continues to seek grant funding when available as well.
Requests for additional financial information may be directed to:
City of Seaside, Finance Department, 440 Harcourt Avenue, Seaside CA, 93955 Attention: Victor Damiani, Finance Director| Email; [email protected]| Phone; (831) 899-6718
Budget
Q2
FY23 FY23 FY22 $ %
Revenues $ 656,288 $ 538,436 $579,705 $ (41,269) -7%
Expenditures (657,520) (577,337) (265,699) 311,638 117% Net Revenues $ (1,232) (38,901) $314,006 $ (352,907) -112% Year over Year
Variances:
Water Enterprise
Q2 Results
Results:
Q2
Packet Page 199
CITY OF SEASIDE
STAFF REPORT
Item No.: 10.B.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Alexia Garcia, Housing Program Manager
DATE: March 2, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE 2022 HOUSING ELEMENT ANNUAL PROGRESS REPORT TO THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT AND THE GOVERNOR'S OFFICE OF PLANNING
AND RESEARCH
RECOMMENDATION
Adopt a resolution authorizing the submittal of the 2022 Housing Element Annual Progress Report to the California Department of Housing and Community Development and the Governor's Office of Planning and Research, satisfying the reporting requirements of Government Code section 65400.
BACKGROUND
State planning law (California Government Code Section 64500) requires that the City submit a Housing Element Annual Progress Report (HE APR) to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) annually by April 1st. The 2022 HE APR (Attachment 1) addresses the City’s Housing Element status, implementation of housing-related policies and programs, and annual housing production for calendar year 2022.
HCD has specific reporting requirements for the annual HE APR. The 2022 HE APR form consists of 14 data tables as follows:
1. Table A: Housing Development Applications Submitted
2. Table A2: Annual Building Activity Report Summary- New Construction, Entitled, Permits, and Completed Units
3. Table B: Regional Housing Need Allocation Progress, Permitted Units by Affordability
Packet Page 200
Item No. 10.B. Page 2 of 3
4. Table C: Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law
5. Table D: Program Implementation Status pursuant to GC Section 65583
6. Table E: Commercial Development Bonus Approved pursuant to GV Section 65915.7
7. Table F: Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to GC section 65583.1(c)
8. Table F2: Above Moderate Income Units Converted to Moderate Income Pursuant to GC section 65400.2
9. Table G: Locally Owned Lands Included in the Housing Element Sites Inventory that have been Sold, Leased, or Otherwise Disposed of.
10. Table H: Locally Owned Surplus Sites
11. Table I: Units Constructed Pursuant to GC section 65852.21 and Applications for Lot Splits Pursuant to GC section 66411.7 (SB 9).
12. Table J: Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915
13. Summary
14. (Local Early Action Planning) LEAP Reporting
2022 HE APR Highlights:
In 2022, the City issued building permits for 54 Accessory Dwelling Units (ADUs) and 9 Single Family Units (SFDs). The City also continued the implementation of key housing programs aimed at addressing not only production, but also stabilization and affordability. Such programs included, but are not limited to, winding down the Covid Emergency Rent & Utility Assistance Program, moving forward with Seaside Housing Collaborative, and partnering with ECHO Housing to provide tenant and landlord fair housing services.
Progress Towards Meeting City’s RHNA Allocation
The City’s Housing Element outlines how it will meet its current and future housing needs within an eight-year period. As part of this process, the state allocates a target number of units to be built and/or accommodated across five income brackets. This numerical housing allocation is called the Regional Housing Needs Allocation (RHNA, pronounced “ree-nah”). Local jurisdictions are not required to build their RHNA units themselves; they are, however, required to accommodate the units within their housing element and zoning code.
The City of Seaside’s 5th Cycle RHNA allocation for 2015-2023 is as follows:
Income Level Number of Units Percent Area Median
Income (AMI)
Extremely Low Income 48 15-30% AMI
Packet Page 201
Item No. 10.B. Page 3 of 3
Very Low Income 95 30-50% AMI
Low Income 62 50-80% AMI
Moderate Income 72 80-120% AMI
Above Moderate Income 164 120% AMI <
TOTAL RHNA: 393 Housing Units
The City of Seaside’s 5th Cycle RHNA Progress To-Date:
Income Level Number of Units Units Approved
and/or Constructed
Extremely Low Income 48 0
Very Low Income 95 74
Low Income 62 78
Moderate Income 72 76
Above Moderate Income 164 155
TOTAL UNITS
APPROVED/CONSTRUCTED:
383 Housing Units
FISCAL IMPACT
None
ATTACHMENTS
1. 2022 HE APR
2. 2022 HE APR Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 202
Annual Progress Report January 2020
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
1_23_23
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
440 Harcourt Ave
Seaside
93955
Please Start Here
General Information
2022
Seaside
Contact Information
Alexia
Garcia
Housing Program Manager
[email protected]
8317187766
Mailing Address
Packet Page 203
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.
Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.
Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.
Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:
1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].
2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
Packet Page 204
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
Packet Page 205
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 12/31/2023
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable in
perpetuity enter 1000)+
Number of
Demolished/De
stroyed Units
Demolished or
Destroyed
Units
Demolished/D
estroyed
Units Owner
or Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given to
the Project (Excluding
Parking Waivers or
Parking Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or
Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards?
(Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 0 63 63 0 0 0 0 0 0 0 0 0 0 0 0 012-263-019 1221 Sonoma 22212 ADU O 0 1 1/7/2022 1 0 0 N 011 315 022 365 Sonoma 22942 ADU O 0 1 1/12/2022 1 0 0 N 012 732 017 1656 Waring 21636 ADU O 0 1 1/20/2022 1 0 0 N 012-361-016 907 Harcourt 22666 ADU O 0 1 1/20/2022 1 0 0 N 012-362-025 988 Harcourt 22948 ADU O 0 1 2/7/2022 1 0 0 N 012 274 034 1025 Trinity 23077 ADU O 0 1 2/17/2022 1 0 0 N 011 344 013 595 Harcourt 22598 ADU O 0 1 3/17/2022 1 0 0 N 012 165 003 1673 San Lucas 23207 ADU O 0 1 3/25/2022 1 0 0 N 012 323 024 1542 Wanda 23351 ADU O 0 1 3/25/2022 1 0 0 N 012 274 037 999 Trinity 23179 ADU O 0 1 4/1/2022 1 0 0 N 012 212 028 1518 Broadw ay 22858 ADU O 0 1 4/13/2022 1 0 0 N 011 094 004 1985 Luxton 23486 ADU O 0 1 4/28/2022 1 0 0 N 012 252 019 1426 Kenneth 23146 ADU O 0 1 5/10/2022 1 0 0 N 012 402 069 1176 1178 Waring 22937 ADU O 0 1 5/18/2022 1 0 0 N 012 266 012 1198 Hamilton 23354 ADU O 0 1 5/25/2022 1 0 0 N 011 343 005 440 Hamilton 21229 ADU O 0 1 6/21/2022 1 0 0 N 012 282 022 1343 Low ell 22396 ADU O 0 1 6/21/2022 1 0 0 N 012 274 044 933 Trinity 23109 ADU O 0 1 6/22/2022 1 0 0 N 011 042 018 1555 Mira Mar 21817 ADU O 0 1 6/27/2022 1 0 0 N 012 242 016 1478 Darw in 23253 ADU O 0 1 6/21/2022 1 0 0 N 012 856 008 1840 Luzern 24037 ADU O 0 1 7/6/2022 1 0 0 N 012-342-026 1250 San Lucas 23737 ADU O 0 1 7/11/2022 1 0 0 N 012 351 071 1090 Wanda 23806 ADU O 0 1 7/22/2022 1 0 0 N 012 272 032 1059 Sonoma 23797 ADU O 0 1 7/26/2022 1 0 0 N 012 352 020 1125 Harcourt 23971 ADU O 0 1 7/29/2022 1 0 0 N 012 762 038 1729 Vallejo 22242 ADU O 0 1 8/1/2022 1 0 0 N 012 202 008 1515 Low ell 22819 ADU O 0 1 8/3/2022 1 0 0 N 012 421 039 1495 Highland 23600 ADU O 0 1 8/4/2022 1 0 0 N 011 084 008 1945 Luzern 23227 ADU O 0 1 8/10/2022 1 0 0 N 012 173 006 1048 Clementina 23992 ADU O 0 1 8/11/2022 1 0 0 N 012 801 007 1801 Luxton 22816 ADU O 0 1 6/29/2022 1 0 0 N 012 621043 12 Yerba Buena 23630 ADU O 0 1 8/22/2022 1 0 0 N 012 753 037 1744 Kenneth 22116 ADU O 0 1 5/3/2022 1 0 0 N 012 664 006 3 Mauritania 24029 ADU O 0 1 9/13/2022 1 0 0 N 012 803 028 1787 Judson 23659 ADU O 0 1 9/9/2022 1 0 0 N 011-321-009 690 Elm 232666 ADU O 0 1 9/19/2022 1 0 0 N
012-342-018 1265 Harcourt 23739 ADU O 0 1 9/22/2022 1 0 0 N 012-331-003 1273 Kenneth 23741 ADU O 0 1 9/29/2022 1 0 0 N 012-796-006 1770 Harding 24053 ADU O 0 1 9/30/2022 1 0 0 N 012 352 022 1268 Prospect 23380 ADU O 0 1 10/4/2022 1 0 0 N 012 682 057 1601 Hilby 23578 ADU O 0 1 10/6/2022 1 0 0 N 012 194 025 1249 Elm 23773 ADU O 0 1 10/11/2022 1 0 0 N 012-265-025 1248 Hamilton 23215 ADU O 0 1 10/11/2022 1 0 0 N 012 202 013 1588 Kenneth 23304 ADU O 0 1 10/19/2022 1 0 0 N 012 673 003 1344 Skyview 23359 ADU O 0 1 10/24/2022 1 0 0 N 012-334-018 1206 Luxton 23636 ADU O 0 1 10/27/2022 1 0 0 N 012-109-046 1711 Fernandpost 24269 ADU O 0 1 11/2/2022 1 0 0 N 011-333-017 785 Trinity 21364 ADU O 0 1 11/2/2022 1 0 0 N 012-361-024 987 Harcourt Ave
Units A & B 23620 ADU O 0 2 11/8/2022 2 0 0 N
012 642 018 1518 Costa 23740 ADU O 0 1 11/21/2022 1 0 0 N 012-262-013 1293 Amador 24486 ADU O 0 1 12/5/2022 1 0 0 N 011-473-023 1775 Eucalyptus 24347 ADU O 0 1 12/12/2022 1 0 0 N 011 305 017 445 Elm 22139 ADU O 0 1 12/13/2022 1 0 0 N
031-052-036 1579 Fairw ay 22914 SFD O 0 1 1/5/2022 1 0 0 N 031-052-037 1571 Fairw ay 22916 SFD O 0 1 1/5/2022 1 0 0 N 031 052 038 1563 Fairw ay 22918 SFD O 0 1 1/5/2022 1 0 0 N 031 052 035 1587 Fairw ay 22911 SFD O 0 1 1/5/2022 1 0 0 N 031 052 034 1595 Fairw ay 22910 SFD O 0 1 1/5/2022 1 0 0 N 031 052 033 1603 Fairw ay 22906 SFD O 0 1 1/5/2022 1 0 0 N 031 052 032 1611 Fairw ay 22905 SFD O 0 1 1/5/2022 1 0 0 N 031 052 031 1619 Fairw ay 22904 SFD O 0 1 1/5/2022 1 0 0 N 011 081 008 1930 Luxton 24036 SFD O 0 1 7/28/2022 1 0 0 N 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
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Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Packet Page 206
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 12/31/2023
Note: "+" indicates an optional field
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Packet Page 207
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 12/31/2023
Note: "+" indicates an optional field
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Packet Page 208
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 12/31/2023
Note: "+" indicates an optional field
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Packet Page 209
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 12/31/2023
Note: "+" indicates an optional field
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Packet Page 210
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - 74 - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - 78 - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - 73 - - -
Non-Deed Restricted - 1 1 1 - - - - - -
Above Moderate 164 - - - - 3 5 13 71 63 - 155 9
393
- 1 1 1 3 5 238 71 63 - 383 30
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date Total Units
Remaining
48 - - - - - - - - - - 48
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
-
74 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
76 Moderate
95 62
72 Please contact HCD if your data is different than the material supplied here 78 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
21 -
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Packet Page 211
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Packet Page 212
Jurisdiction Seaside
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Code
Enforcement/Neighborhoo
d Improvement
Commission (NIC):
Continue to convene and implement the
Neighborhood Improvement
Commission and focus code
enforcement efforts in areas with a
concentration of code violations.
Conduct periodic housing conditions
surveys in targeted neighborhoods.
Promote the "See Click Fix" app which
allows community members to report
issues to the City via their smartphone.
Pursue funding available at the state
and federal levels ot assist in code
corrections and rehabilitation. Ensure
Code Enforcement Officers provide
information on resources available for
making code corrections.
2019-2023 The Neighborhood Improvement Commission continues to convene regularly, producing recommendations to City Council and identifying Abandoned Residential
Property Registration
The City adopted Ordinance No. 996,
establishing an Abandoned Residential
Property Registration Program as a
mechanism to protect residential
neighborhoods from blight.
2019-2023 This program is ongoing and residents continue to participate using the "See Click Fix" app.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Packet Page 213
Acquisition/Rehabilitation
Partner with non-profit organizations to
acquire and rehabilitate deteriorating
multifamily housing units. Annually
explore and pursue appropriate funding
resources available at all levels of
government to assist with rental and
owner-occupied housing.
2019-2023 This program is ongoing.
Adequate Sites for RHNA
Monitor and update the City's suitable
sites inventory annually to ensure that
adequate capacity is available to
accommodate future housing
developments and meet the City's RHNA
allocation. Review the City's sites
inventory with interested developers.
2019-2023 This program is ongoing.
Replacement Housing
Seaside will require replacement
housing units on sited identified in the
sites inventory when any new
development occurs on a site that has
been occupied by or restricted for the
use of lower income households at any
time in the previous five years, pursuant
to Government Code, Section 65915,
subdivision (c)(3).
2015-2023 This program is ongoing.
Monitoring of Residential
Capacity (No Net Loss)
Should a housing development result in
a reduction of capcity below the
residential capacity needed to
accommodate the remaining RHNA by
income level, the City will ensure
adequate capacity is provided in
existing Seaside neighborhoods and
future development areas.
2015-2023
This program is ongoing and the City has adhered to Assembly Bill 35 and Assembly Bill 879, submitting Housing Element Annual Progress Reports tracking progress by income level and development progression.
Packet Page 214
Lot Consolidation
Encourage lot consolidation by
assisting interested developers in
identifying sites with consolidation
potential. As part of the comprehensive
update to the Zoning Ordinance to
implement the General Plan, modify the
lot consolidation requirements and
establihs incentives for consolidation.
2019-2023 This program is ongoing.
Accessory Dwelling Units
(ADUs)
Maintain a variety of housing types,
sizes, and prices throughout the City to
increase housing choice and ensure that
households of all types and income
levels have the opportunity to find
suitable ownership or rental housing.
Updated the City website with ADU
development information. Adopt policies
and activities to facilitate the
development of ADUs.
2019-2023
This program is ongoing. Updated the City website with ADU development information including pre-approved ADU plans. The City also began the process of implementing its $1,000,000 CalHome ADU Loan Program grant.
CA Senate Bill 9
CA Senate Bill 9 allows for ministerial
approval of at least two units on a singlefamily zoned parcel. The bill also provides for ministerial approval of
qualifying urban lot splits.
2021-2023 The City adopted Urgency Ordinance 2011 to implement Senate Bill 9.
Homebuyer Assistance
Update the City website on a regular
basis, promoting resources available to
first-time homebuyers.
2019-2023 The City maintain's a dedicated housing page on its website to provide links to available housing resources.
Housing Assistance
Utilize public-private partnerships to
ensure that all community members
have access to safe and dignified
housing.
2019-2023
The City partnered with United Way Monterey County and the County of Monterey to implement the Emergency Rent and Utility Assistance Relief Program and provided $1.5 million in assitance to residents impacted by the COVID-19 pandemic.
Packet Page 215
Preservation of Publicly
Assisted Low Income
Housing
Monitor units at risk to ensure that no
affordable rental unit is allowed to
convert to a condominium without
meeting the requirements of the City's
adopted condominium conversion
ordinance in Cahpter 17.42 of the Zoning
Ordinance.
2019-2023
This program is ongoing. The City created an affordable housing development nonprofit called Seaside Housing Collaborative to design, produce, and maintain affordable housing within the City of Seaside.
Provide and Conserve
Affordable Housing
Provide First-Time Homebuyer
Downpayment Assistance loans of up to
$100,000 to moderate, low, and very low
income households at 3% simple
interest, and deed-restrict the purchased
units for long-term affordability. Provide
Homeowner Rehabilitation Loans for
owner-occupied, low and moderate
income households for major repairs up
to $60,000 at zero to 3% simple interest
with deed restriction. Promote the
repair, improvement, and rehabilitation
of housing in order to enahnce the
quality of life in neighborhoods and
promote community identity and pride.
2019-2023
The City has continued its contract with AmeriNat, professional loan servicing company, to support the City's First-Time Homebuyer Downpayment Assistance and Home rehabilitation loan programs.
Packet Page 216
Affordable Housing
Development
State-mandated density bonus, the City
may consider other incentives and
concessions, such as increased lot
coverage, reduced setback
requirements, reduced parking
requirements, increased permissible
building heights, increased FAR, and
reduced impact fees. As part of the
comprehensive update to the Zoning
Ordinance, establish objective
standards to accomodate SB 35
streamlining of affordable housing
projects. Annually contact affordable
housing developers to promote new
opportunities and incentives for
affordable housing development in the
City. Facilitate the development of 50
affordable housing units for lower
income households, including extremely
low income and those with special
housing needs. Support funding
applications for affordable housing by
private developers provided the
proposed projects are consistent with
the City's General Plan and other
specific plans. As funding permits,
provide financial assistance to
affordable housing development using
the City's Inclusionary Housing In-Lieu
fee and Transient Occupancy Tax
collected from short-term rentals within
2019-2023
This program is ongoing. The City established the Seaside Housing Collaborative, an aligned non-profit affordable housing developer, expanding its capacity to conceptualize, develop, and maintain affordable housing.
Density Bonus Ordinance
As part of the comprehensive update to
the Zoning Ordinance, the City will
update its density bonus provisions to
be consistent with State law.
2019-2023 The Comprehensive Zoning Ordinance Update is underway.
Packet Page 217
Inclusionary Housing
Program
Continue to implement the Inclusionary
Housing program. Review the
Inclusionary Housing Program with the
Density Bonus Ordinance (Program 13)
to ensure consistency with State Law. If
inconsistencies are identified, initiate
Zoning Ordinance revisions. Annually
monitor development trends and market
conditions to assess the effectiveness
of the Inclusionary Housing program.
2019-2023 The program is ongoing and has continued to be leveraged as developers propose new housing developments.
Multifamily and Mixed-Use
Design Guidelines
Establish design guidelines regarding
site planning, massing, and scale, and
architecture features for multifamily and
mixed use development. Adopt a form
based code to address site planning.
2019-2023 This program is ongoing.
Affordable Attached Single
Family Unit
As part of the comprehensive update to
the Zoning Ordinance, provide
consistent treatement for market-rate
and affordable attached single family
homes.
2019-2023 This program is ongoing.
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Adequate Water Supply for
the Development of New
Housing
Support efforts by the MPWMD to
expand the water supply with the new
water sources being earmarked for
development. Continue to work to have
the MPWMD and MCWD reverse its
policy decision of prohibiting the
transfer of water credits from one
property to another. Continue to work
with MPWMP and MCWD to develop
water conservation methods to augment
water for new development projects.
Seek to provide water for affordable
housing within larger, mixed use
developments and larger residential
subdivisions and provide water as an
incentive for development whihc
includes additional affordable housing
as a density bonus request. Upon
adoption of the Housing Element,
provide a copy of the Element to
MPWMD and MCWD for greater
awarenes of affordable housing
priorities and collaboration in
compliance with AB 1087. Pursue
various strategies to secure water for
Seaside's future development starting in
2019, including.
2019-2023
These efforts are ongoing. Stormwater reclamation and other conservation methods are being pursued to increase the availability of water for housing in Seaside. The City contracted the Wallace Group to conduct a feasibility study of groundwater recharge to potentially increase water supply. The City approved a water storage project to bring recycled water into the Seaside Basin.
Childcare Costs
Following housing costs, single femaleheaded families must allocate a large portion of their incomes towards
childcare costs as reliable child care is
often necessary to retain stable
employment.
2019-2023 Amended the Municipal Code to reduce discretion for both small and large family daycare homes, allowing them by-right in all residential and commercial zones.
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Housing for Extremely
Low Income and Special
Needs Households
As part of the comprehensive updat to
the Zoning Ordinance, address the
following housing-related code
amendments: transitional and
supportive housing, reasonable
accommodations, single-room
occupancy (SRO), Employee Housing,
Low Barrier Navigation Center (LBNC)
2019-2023 This work is ongoing.
Housing Facilities and
Services for the Homeless
Annually, evaluate the homeless needs
and gaps in services and facilities and
allocate funding via the homelessness
subcommittee and CDBG program.
2019-2023 These activities are ongoing with annual review and budgeting.
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Affirmatively Furthering
Fair Housing
Coordinate with the Housing Authority
of Monterery County to provide
brochures and other pertinent fair
housing materials bilingually at City
Hall, the librarcy, Oldemeyer Center, and
at the public counter. Annually allocate
CDBG funds to public and supportive
service programs that benefit the
geographically underserved
communities. Implement the Economic
Development policies of the Generla
Plan to promote economic development
activities to improve dmployment skills
and create high-paying jobs throughout
the County. Work with MST to expand
transit services in areas with limited
public transit services, especially the
frequency of services. Annually promote
the portability of Housing Choice
Vouchers to help tenants move to
communities of opportunity. Annually
promote the benefits fo the HCV
program to landlords to expand the
inventory of rental properties accepting
HCVs. Through the fiar hosuing servie
providers, connect residents with
financial literacy and homebuyer
education. Annually monitor lending
patterns and potentially discriminatory
practices and work with lenders to
address identified issues. On an
2019-2023
The City continues to partner with ECHO Housing to provide fair housing services for residents, landlords, property managers, and housing professionals, as well as first-time homebuyer counseling for residents.
Land Use Pattern and
Compatibility
Policy LU-4.1: Require that all new
development funds its share of
community services and facilities and is
compatible with surrounding uses, the
site, and available infrastructure.
2019-2023 Contracted with NBS to assist in the creation of a Community Facilities District (CFD).
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r
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General Comments
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Annual Progress Report January 2020
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
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Annual Progress Report January 2020
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+
.
For detailed reporting requirements, see the chcklist
here:
Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Packet Page 225
Jurisdiction Seaside
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Prior APN+ Current APN Street Address Project Name+
Summary Row: Start Data Entry Below
For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the plan Project Identifier
1 Packet Page 226
ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Housing Element Implementation Cells in grey contain a
2 3
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Table F2
Above Moderate Income Units Converted to Moderate Income Pursua nning agency may include the number of units in an existing multifamily building that were converted to d this table, please ensure housing developments meet the requirements descr Unit Types Affordability by Hou
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auto-calculation formulas
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
nt to Government Code section 65400.2
eed-restricted rental housing for moderate-income households by the imposition of affordability covenants a ribed in Government Code 65400.2(b).
4 5
usehold Incomes After Conversion Units credited toward Ab RHNA
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Notes
6 Date Converted Notes
and restrictions for the unit. Before adding information to ove Moderate
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Jurisdiction Seaside
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
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Jurisdiction Seaside
Reporting Period 2022
(Jan. 1 - Dec.
31)
1 2 3 4
APN Street Address/Intersection Existing Use Number of
Units
NOTE: This tab
ALL surplus/ex
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS
Housing Element Implemen
Table H
Locally Owned Surplus Site
For Monterey County jurisdictions, please format the APN Packet Page 231
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Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Designation Size Notes
5 6 7
Surplus
Designation
Parcel Size (in
acres) Notes
ble is meant to contain an invenory of
xcess lands the reporting jurisdiction
owns
S REPORT
ntation
es
N's as follows:999-999-999-999
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Annual Progress Report January 2020
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.
Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.
Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
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Annual Progress Report January 2020
Jurisdiction Seaside ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
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Jurisdiction Seaside
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
63 63
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 9 0
2 to 4 0 0 0
5+ 0 0 0
ADU 0 54 0
MH 0 0 0
Total 0 63 0
0 0
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
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Jurisdiction Seaside
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Tab Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
L
Please update the status of the proposed uses listed in the entity’s application for funding and the c 50515.02 or 50515.03, as applicable.
$
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
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Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
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Total award amount is auto-populated based on amounts entered in rows 15-26. ble A2)
Current Year
0 0
0 0
0 0
0 0
Current Year
0 0
0 0
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the -
Task Status
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0 0
63 63
Current Year
0 0
0 0
0 0
0 0
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Other
Funding Notes
eligible uses specified in Section
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RESOLUTION NO. XX-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE ACCEPTING AND AUTHORIZING THE SUBMITTAL OF THE 2022 HOUSING ELEMENT
ANNUAL PROGRESS REPORT
WHEREAS, Government Code sections 65400 and 65700 mandates that all cities and counties submit an annual report on the status of the Housing Element portion of its General Plan and progress to their legislative bodies, the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development (HCD) each year; and
WHEREAS, the annual progress report provides local legislative bodies and the public with progress of implementation of the Housing Element and progress in meeting its Regional Housing Needs Allocation (RHNA) goals; and
WHEREAS, annual progress reports must be presented to the local legislative body, usually as a consent or discussion item on a regular meeting agenda for review and acceptance; and NOW, THEREFORE, BE IT RESOLVED, that the Seaside City Council hereby accepts and authorizes City Staff to submit the 2022 Housing Element Annual Progress Report to HCD and OPR.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 2nd day of March 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
AS TO FORM:
________________________________
Sheri L. Damon
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