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.
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)
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
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.
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 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 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.