Agenda packet — Seaside City Council, November 16, 2023

AMENDED A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, November 16, 2023
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual options for viewing based on availability. ___________________________________________________________________________________ ___________________________________________________________________________________

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 view 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 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, 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.

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).

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City Council REGULAR Meeting November 16, 2023 5:00 PM Agenda Page 2

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. UPCOMING CITYWIDE EVENTS & COMMUNITY ANNOUNCEMENTS
(RECREATION DIRECTOR DAN MEEWIS)
B. FIRST QUARTER FINANCIAL RESULTS (FINANCE DIRECTOR, VICTOR

DAMIANI)
C. VACCINE UPDATE (FIRE CHIEF, MARY GUTIERREZ)

8. CONSENT AGENDA
A. APPROVE AND FILE CITY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of August 26, 2023 through September 29, 2023, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending September 1, 2023 and September 15, 2023. Total Accounts Payable and Payroll for the above referenced period is $5,136,241.95.

B. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of August 26, 2023 through September 29, 2023, including the payroll and benefits checks, direct deposits and wired payments related to the pay period ending September 1, 2023 and September 15, 2023. Total Accounts Payable and Payroll for the above referenced period is $2,353.91.

C. ACCEPT AND FILE DEVELOPMENT IMPACT FEES REPORTS FOR THE FISCAL YEAR ENDING JUNE 30, 2023.

RECOMMENDATION: Accept and file development impact fees reports for the fiscal year ending June 30, 2023.

D. ACCEPT AND FILE THE CASH AND INVESTMENTS REPORT FOR THE CITY Packet Page 2
City Council REGULAR Meeting November 16, 2023 5:00 PM Agenda Page 3

OF SEASIDE AND THE SUCCESSOR AGENCY OF THE REDEVELOPMENT

AGENCY OF THE CITY OF SEASIDE FOR THE QUARTER ENDING
SEPTEMBER 30, 2023
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 September 30, 2023.

E. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL WOOD SHOP PROGRAM
RECOMMENDATION: Approve a request from the Seaside High School Wood Shop Program for a donation of $3,000.00 from the Mayor's Youth Fund to help cover the cost of consumables such as glue, sandpaper, saw blades and planer blades.

F. APPROVE A FEE WAIVER FROM THE BOYS & GIRLS CLUB OF MONTEREY

COUNTY FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THE 2024 MARTI MULFORD YOUTH ARTS EXHIBIT ON JANUARY 19, 2024 RECOMMENDATION: Approve a fee waiver request from the Boys & Girls Club of Monterey County in the amount of $410.25 for the use of Laguna Grande Hall and Kitchen for the 2024 Marti Mulford Youth Arts Exhibit.

G. AUTHORIZATION TO DISPOSE OF SURPLUS CITY VEHICLES AND

EQUIPMENT
RECOMMENDATION: Approve the disposal of select City vehicles and equipment that are no longer needed and considered excess due to inoperability or poor condition.

H. ADOPT A RESOLUTION AUTHORIZING AN AGREEMENT WITH SEASIDE

COUNTY SANITATION DISTRICT (SCSD) FOR REIMBURSEMENT OF

COSTS TO COMPLETE THE SUTTER STREET SEWER RELOCATION

PROJECT
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute an agreement with the Seaside County Sanitation District (SCSD) for reimbursement of construction costs for the Sutter Street Sewer Relocation Project, constructed as part of the City Hall and Library Parking Lot Repaving Project.

I. APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS
RECOMMENDATION: Accept the appointments of Darryl Choates and Nathalie Smith, as recommended by the Mayor.

9. PUBLIC HEARING
A. ZONING ORDINANCE AMENDMENT ZOA-23-02: ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING ORDINANCE) TO ADD CHAPTER 17.13 IMPLEMENTING SENATE BILL 9 (DUPLEXES AND PARCEL MAPS FOR Packet Page 3
City Council REGULAR Meeting November 16, 2023 5:00 PM Agenda Page 4 URBAN LOT SPLITS). THE AMENDMENT IS NOT A PROJECT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N) (SECOND

READING)
RECOMMENDATION: Consider the adoption of an ordinance amending Title 17 to add Chapter 17.13 to the Seaside Municipal Code to implement Senate Bill 9.

B. AMEND SEASIDE MUNICIPAL CODE CHAPTER 8.32 FIREWORKS; ADDING SECTION 8.32.211 - CURFEW FOR USE OF SAFE AND SANE FIREWORKS (FIRST READING, ROLL CALL VOTE)
RECOMMENDATION: Approve an ordinance amending the City of Seaside Municipal Code Chapter 8.32 fireworks; adding section 8.32.211 - Curfew for the use of Safe and Sane Fireworks.

Requires publication (noticing) in a newspaper of general circulation. This item will be postponed and rescheduled for early 2024.

10. BUSINESS ITEMS
A. HOT SPOT PAVEMENT REPAIR PROJECT UPDATE
RECOMMENDATION: Receive an update on the Hot Spot Pavement Repair Project
B. FAMILY AND COMMUNITY SUPPORT PROGRAM INCLEMENT WEATHER UPDATE
RECOMMENDATION: Receive an update from the Family and Community Support Program.

C. CONSIDERATION OF THE CITY OF SEASIDE 2024 LEGISLATIVE

PLATFORM
RECOMMENDATION: Receive, file and give direction on the City of Seaside 2024 Legislative Platform to City Staff.

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

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.

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City Council REGULAR Meeting November 16, 2023 5:00 PM Agenda Page 5

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

A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 - EXISTING LITIGATION
RECOMMENDATION: Monterey County Superior Court Case No 23PR000490 Case Name: In Re Clyde and Claudia Marie Trust dated September 20, 2011 B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9
Potential Litigation (2 MATTERS)

14. ADJOURNMENT
Next Regularly Scheduled Meeting:

December 7, 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.

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First Quarter FY 2023-24
Financial Report
(Unaudited)

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CITY OF SEASIDE

1 TABLE OF CONTENTS
Introduction ........................................................................................................................... 2-3 General Fund FY 2023-24 Budget Recap…............. ............................................................... 4 General Fund Revenues Summary......................................................................................... 5-7 General Fund Expenditure Summary..................................................................................... 8-11 Budget Amendments............................................................................................................. 11 General Fund Net Results and Budget Outlook..................................................................... 12-13 Long Term Forecast................................................................................................................ 13-14 Other Funds ........................................................................................................................... 15 Packet Page 7

CITY OF SEASIDE

2 Q1 FY 2023-24 FINANCIAL REPORT

INTRODUCTION
This is the first quarterly report for Fiscal Year 2023-24, and comprises results for the three-month period
ending September 30, 2023. 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 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
2020-21.

Throughout the pandemic the economy performed
surprisingly well due to two prime factors; the
development and distribution of a vaccine for the virus and federal stimulus dollars. California declared an end to the 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 2.5% in FY22-23,
and projects it will remain flat in FY 23-24. FY 24-25 is expected to slow further to 1.2%.
 California’s unemployment rate is expected
to remain low at 4.7% in FY 23-24 before
climbing slightly to 5.2% in FY 24-25.
 Statewide Sales & Use Tax growth is expected
to turn negative in FY 23-24 at -0.6% before
swinging back positive in FY 24-25 at 2.1%.
 California’s median existing home price is
expected to increase from $673k in FY 23-24
to $709k in FY 24-25.

Source: Hdl
During the pandemic the Federal Government 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 bottlenecks 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
bottlenecks and staffing shortages, which would recede
with time. That prediction did not prove correct, as
inflation remained unsustainably high throughout 2022
and much of 2023. Faced with sustained inflation, the
Federal Reserve responded with increases to the Federal Funds Rate, which generally speaking has a cooling effect on inflation. Beginning March 17, 2022 the Federal
Reserves raised rates eleven times; from .25% to 5.5%.

The 12-month increase in CPI (indicator of inflation) as of September 2022, as reported by the U.S. Bureau of Labor Statistics was 8.2%. It appears that rate increases have had the desired effect, with the increase in CPI dropping Packet Page 8

CITY OF SEASIDE

3 Q1 FY 2023-24 FINANCIAL REPORT
to 3.7% as of September 2023. While this is certainly
good news, the traditional target rate for inflation is 2%, which indicates we are still in a high inflationary period.

While the risk of a recession has decreased somewhat,
many economists still believe a recession is possible in the first half of 2024. It remains to be seen, if, how long, and how severe a potential recession will be or if the
economy will make the so-called “soft landing”.

LOCAL ECONOMIC OUTLOOK
At the local level, the City of Seaside unemployment rate steadily decreased since reaching a high mark of 19.0%
in April of 2020 and reaching a low point of 2.5% in
September of 2022. As of September of 2023 that
number has increased to 3.4%.

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 the local
Hotel Tax (Transient Occupancy Tax) dropped off severly due to shelter in place orders. 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 and 2023 Summer months. From a pandemic era
low of $2.1 million in fiscal year 20-21, this sector ended fiscal year 22-23 at approximately $3.4 million. By way of comparison, fiscal year 18-19 (the most recent “nonpandemic” fiscal year) generated $3.4 million in hotel tax.

While entire sectors and larger businesses have
performed strongly throughout the pandemic, many
smaller businesses have strugled. 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. A
clearer picture of the City’s finacial outlook is likely to emerge at the mid-year budget review in early March of
2024.
0 1
2 3
4 5
6 7
8 9
10 Q4
2020
Q1
2021
Q2
2021
Q3
2021
Q4
2021
Q1
2022
Q2
2022
Q3
2022
Q4
2022
Q1
2023
Q2
2023
Q3
2023
CPI - % Change from 12 Month's Prior
Fiscal Year 2022-23 Sales & Use Tax by Category
Source; Hdl
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CITY OF SEASIDE

4 Q1 FY 2023-24 FINANCIAL REPORT

GENERAL FUND
FY 2023-24 BUDGET RECAP:

In June of 2023, the City of Seaside City Council adopted the FY 2023-24 annual budget. Due to a projection of strong Revenue growth and a collaborative effort between staff and the City Council to manage cost increases, a surplus budget was adopted including an operating surplus of $148k. Additionally, $5.6M of fund balance was provided for capital improvements.

The operating budgetshowed 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 $1M over the previous fiscal year budget. The staffing plan included an effort to continue hiring open positions approved in the previous year budget as well as a substantial cost of living increase for staff. As a matter of practice, the City management team reviews staffing levels each year and adjusts in an effort to achieve maximum efficiency while achieving the City Council’s strategic goals. In this year’s budget cycle, six positions were frozen and five positions added, resulting in a net decrease in funded positions of one. The effort to hold staffing levels flat was instrumental in the passage of a balanced budget.

Budget line items such as equipment, supplies and vehicles were increased to coincide with the staffing ramp up. For a fourth year running, the City appropriated funds ($500k) for grants to support community non-profits and also funded the Family and Community Support Program with an additional allocation of $554k.

The capital budget was funded entirely from fund balance. 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 2023-24 budget at the following amounts:

Operating Capital Total Budget
FY24 FY24 FY24
Revenues $ 46,255,651 $ - $ 46,255,651
Fund Balance - $ 5,644,029 $ 5,644,029
Expenditures (46,108,073) (5,644,029) (51,752,102)
Surplus (Deficit) $ 147,577 $ - $ 147,577
General Fund Changes in
Fund Balance:

Emergency Reserve - 15% $ 6,919,211
Special Reserve - 10% 4,610,807
Capital Reserve - 5% 2,305,404
Total Reserves $ 13,835,422 Packet Page 10

CITY OF SEASIDE

5 Q1 FY 2023-24 FINANCIAL REPORT
Q1 GENERAL FUND REVENUES:

Total budgeted revenue for FY 2023-24 transfers in, is $46.3M. This compares to a FY 2022-23 budget of $44.1M; a budgeted revenue increase of nearly $2.2M. When looking at first quarter revenue results, staff believes that a year over year analysis is more effective than an analysis against budget for two reasons:
 Revenues are not received in a uniform manner (often times two months in arrears)  The City does not accrue revenues in the first quarter The following table and chart compares first quarter results for FY24 with first quarter results for FY22 and FY23. FY22 is considered the final pandemic year while FY23 and FY 24 may be considered post-pandemic.

As can be seen in the table, revenues in the first quarter totaled $7.7M which is 14% or $950k higher than the first quarter of the previous year and 16% or $1M higher than FY22. The $7.7M equals 16.6% of total budgeted revenue. Similarly, in the first quarter of the previous year the City had realized 15% of total budgeted revenue. This indicates that actual revenue collections may be trending slightly higher than budgeted revenue.

Budget
Q1
FY24 FY24 FY23 FY22 $ % $ %
Sales and Use Tax $ 5,047,529 $ 1,974,689 $ 1,921,650 $ 1,886,686 $ 53,040 3% $ 88,003 15% Property Tax 1,580,680 1,457,096 1,358,086 1,303,049 99,010 7% 154,047 13% Transient Occupancy Tax 1,131,807 1,353,274 1,106,689 997,444 246,585 22% 355,831 92% Business License Tax 222,510 916,512 736,212 649,961 180,300 24% 266,551 35% Utility User Tax 762,596 689,166 463,688 452,417 225,479 49% 236,750 75% Miscellanous-Other Revenue 178,882 105,958 297,338 252,249 (191,380) -64% (146,291) 3326% Licenses & Permits 205,442 238,109 286,169 264,272 (48,060) -17% (26,163) 176% Marijuana Receipts Tax 293,121 237,092 248,395 235,859 (11,303) -5% 1,233 39% Fees & Charges 209,766 221,140 164,843 154,523 56,297 34% 66,617 271% Income from Investments 97,049 121,500 87,264 81,789 34,236 39% 39,711 2393% Grant Revenue 6,239 245,196 73,800 29,740 171,396 232% 215,456 17% Other Agency Revenue 136,136 84,456 25,799 9,617 58,657 227% 74,839 -90% Fines & Forfeitures 32,562 66,000 22,604 12,541 43,397 192% 53,459 -32% Motor Vehicle In-Lieu 1,177,375 - - - n/a - n/a
Franchise Fees 482,219 - - - - n/a - n/a
Transfer In - - - 367,232 - n/a (367,232) n/a
Revenues by Source $ 11,563,913 $ 7,710,189 $ 6,792,536 $ 6,697,380 $ 917,654 14% $ 1,012,810 15% Results:

Q1
General Fund Revenues:

Year over Year Vs.

FY22
Variances:

Year over Year Vs.

FY23
$2.0
$1.5 $1.4
$0.9 $0.7
$1.9
$1.4
$1.1
$0.7
$0.5
$1.9
$1.3
$1.0
$0.6 $0.5
$-
$0.5
$1.0
$1.5
$2.0
$2.5
Sales and Use Tax Property Tax Transient Occupancy Tax Business License Tax Utility User Tax Millions Three Year Comparison - Top Five Revenues
FY24 FY23 FY22 Packet Page 11

CITY OF SEASIDE

6 Q1 FY 2023-24 FINANCIAL REPORT
DISCUSSION OF SIGNIFICANT REVENUE SOURCES:
 Sales and Use Tax
In the first Quarter of the fiscal year $2.0M of sales and use taxes were collected. This equates to a $53k or 3% 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 taxes appear to have hit a plateau. 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 final quarter of fiscal year 2022-23, sales taxes in general were down 2.9% on a year over year basis. Fuel and service stations were the largest decline at negative 18.8%. The second biggest decline was for Cannabis Related taxpayers, with a decline of 14.4%. This is in line with collection of the City’s local Cannabis tax. Surprisingly, tax derived from new auto sales increased in the quarter by 3.1%. Unfortunately, this increase may be more the result of a change in reporting procedure by one of the City’s major auto dealerships, rather than indicative of a market increase generally. Since sales tax reporting and remittance runs in arrears, it is difficult to say if the final quarterly results will continue on pace for a 3% increase. Staff believes it is possible this category will remain flat or possibly show a small decline.  Property Tax
Similar to auto sales, demand for and sales of homes has been high the last three 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 climbed and there was an expectation that demand would diminish. That scenario did not play out, however. While mortgage rates have more than doubled and inventory has continued to decline, the median price of a detached single-family home in Seaside has climbed to $815.000 as of the 3rd quarter of 2023 – far higher than pre-pandemic. With elevated prices, the assessed value of a property increases significantly upon change of ownership and this leads to increased tax collections.

The majority of the City’s property tax receipts do not arrive until December and April each year. Therefore, they are not generally accounted for in the first quarter. One category of property tax, Successor Agency pass through distributions, however is received in the first quarter. Additionally, as the recognized obligations of the previous Redevelopment Agency are paid down or settled more property tax becomes available for pass through distribution. FY 2023-24 is showing receipts of $1.5M, an increase in this revenue source of $99k or 7% over the previous fiscal year.  Transient Occupancy Tax (TOT)
In the first Quarter of the fiscal year $1.4M of TOTs were collected. This equates to a $246k or 22% increase over the same quarter in the previous year. This indicates that this sector still has room for growth after experiencing extreme lows during the pandemic. Pent up demand for travel and increasing prices appear to be driving this revenue source higher. Through the first quarter, TOT appears to be on track to outpace budget forecasts.  Business License Tax
In the first quarter of the fiscal year $917k of Business License Taxes were collected. This represents an increase of $180k or 24% over the previous fiscal year. This increase is likely being driven by inflation. Business license taxes are based on gross receipts. As inflation drives up prices it drives up gross receipts in tandem. This revenue source may outpace budget forecasts for the fiscal year. As inflation cools, this revenue source may also flatten out.

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CITY OF SEASIDE

7 Q1 FY 2023-24 FINANCIAL REPORT
 Utility User Tax (UUT)
In the first quarter of the fiscal year $689k of Utility User Taxes were collected. This represents an increase of $226k or 49% over the previous year. The year over year increase is due to improved collection and processing in the Finance department as opposed to increased revenue. 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 first quarter results. The first quarter revenue is in line with the quarterly budget amount of $762k and the annual forecast appears likely to be achievable.  Marijuana Receipts Tax
In the first quarter of the fiscal year $237k of Marijuana Receipts Taxes were collected. This represents a decrease of $11k or 5% over the previous year. This rate of collection is slightly lower than expected as compared to budget. One factor contributing to the decline in revenue is the closure of two of the six approved retail dispensaries. Although the Council has approve a total of eight licenses, as of this writing only four outlets are operating.

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, and then even lower in FY 2022-23 to $970k. Based on first quarter results, staff believes this revenue source is likely to end the year lower than the $1.3M budget.  Licenses and Permits
In the first Quarter of the fiscal year $238k of Licenses and Permits were collected. This equates to a $48k or 17% decrease over the same quarter in the previous year. This source of revenue is likely to increase in the second quarter of the year with the Ascent project moving forward. The budget forecast is likely to be achieved by year-end.  Fines and Forfeitures
In the first Quarter of the fiscal year $66k of Fines and Forfeitures were collected. This equates to a $44k or 192% 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 and code enforcement capabilities.

In fiscal year 2022-23, 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 generated $90k for the entire year. In the first quarter of 2023-24, the City has similarly collected $17k in parking fines and staff expects this category may end the year again at about $90k.

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CITY OF SEASIDE

8 Q1 FY 2023-24 FINANCIAL REPORT
Q1 GENERAL FUND EXPENDITURES:

Total budgeted expenditures for FY 2023-24 including transfers are $51.8M. This compares to a FY 2022-23 budget of $48.3M; a budgeted expenditure increase of approximately $3.5M. As mentioned previously personnel cost were increased by approximately $1M on a year over year basis. Additionally, the services and supplies budget increased by $1.3M and the capital improvement budget also increased by $1.3M.

First quarter expenditures were $9.0M or 17% of the total fiscal year 2023-24 budget. For comparison, first quarter expenditures in the prior year were only 23% of the fiscal year 2022-23 budget. This year’slowerfirst quarter expenditures are mainly due to vacancies in several key positions at the start of the year. As of this writing most of these key positions have been filled and therefore it is likely that personnel costs will increase in subsequent quarters.

EXPENDITURES BY TYPE:

It should be noted that Debt Service is dependent on payment schedules and Capital Outlay is dependent on project schedules. Since these categories are not necessarily expended evenly throughout the year, it is difficult to infer a trend from the first quarter results.

Budget
Q1
FY24 FY24 FY23 FY22 $ % $ %
Personnel Services $ 8,485,408 $ 7,043,957 $ 7,409,154 $ 5,341,844 $ (365,198) -5% $ 1,702,112 32% Services & Supplies 2,190,904 1,787,038 1,630,006 1,364,327 157,032 10% 422,711 31% Capital Outlay-Projects 226,071 58,610 178,588 68,257 (119,978) -67% (9,647) -14% Transfer Out 1,900,021 - 87,183 - (87,183) -100% - n/a
Debt Service 131,000 41,859 38,579 14,348 3,280 9% 27,511 192% Internal Service Charge 601,504 601,504 631,621 530,873 (30,117) -5% 70,631 n/a Administrative Allocation (559,600) (559,600) (355,523) (332,884) (204,078) 57% (226,716) n/a Expenditures by Type $ 12,975,308 $ 8,973,368 $ 9,619,609 $ 6,986,766 $ (646,241) -7% $ 1,986,602 21% General Fund Expenditures by Type:

Variances:

Year over Year Vs.

FY23
Results:

Year over Year Vs.

FY22 Q1 $7.0
$1.8
$0.1
$7.4
$1.6
$0.2
$5.3
$1.4
$0.1
$-
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
$8.0
Personnel Services Services & Supplies Capital Outlay-Projects Millions Three Year Comparison - Top Three Expenditure Types
FY24 FY23 FY22 Packet Page 14

CITY OF SEASIDE

9 Q1 FY 2023-24 FINANCIAL REPORT
DISCUSSION OF SIGNIFICANT EXPENDITURES BY TYPE:
 Personnel Services
In the first quarter, Personnel Services were down $365kM or 5% on a year over year basis. The decrease occurred even as the City had expected personnel costs to increase. The decrease occurred due to vacancies in several key positions, offset somewhat by cost of living adjustments. Overall, personnel costs were below budget by approximately $1.4M. It is anticipated that this cost will come more in line with budget as the year progresses since many of the vacant positions have already been filled as of this writing. Positions filled in the first quarter include; Assistant Public Works Director, Assistant City Manager PT, five Administrative Assistants, Economic Development Director and Project Manager. While the City made excellent progress in the first quarter in filling vacant positions, there are still several more positions yet to be hired. Open positions include a Public Works Services Manager, Communications and Public Engagement Coordinator, and six Police Officers.  Services & Supplies
Services and supplies were up 10% on a year over year basis yet under budget by 18%. While the City is experiencing cost increases due to inflation, the increases were adequately planned for in the budget. Inflation is likely to effect the City more in the area of major capital projects where construction bids continue to increase.

Budget Results:

General Fund Personnel Costs by Q1 Q1
Department: FY24 FY24 $ %
Legislative Body $ 18,120 $ 11,646 $ (6,475) -36%
Administration 288,659 192,833 (95,826) -33%
City Clerk 43,230 42,007 (1,223) -3%
City Attorney 120,851 83,831 (37,019) -31%
Human Resources 168,093 155,801 (12,292) -7%
Finance Department 284,398 240,761 (43,637) -15%
Police Department 3,220,022 2,596,366 (623,655) -19%
Fire Department 2,048,945 1,821,710 (227,235) -11%
Building and Code Enforcement 229,497 179,154 (50,343) -22% Community Development Administration 88,239 40,367 (47,873) -54% Planning 150,877 84,551 (66,326) -44%
Economic Development 151,756 117,194 (34,561) -23%
Public Works/Engineering 768,200 575,127 (193,073) -25% Recreation 904,521 902,608 (1,912) 0%
$ 8,485,408 $ 7,043,957 $ (1,441,451) -17%
Variances:

Q1 vs. Budget
Packet Page 15

CITY OF SEASIDE

10 Q1 FY 2023-24 FINANCIAL REPORT
EXPENDITURES BY DEPARTMENT:

As can be seen in the table above, nearly all departments were under budget in the first quarter of the year.

DISCUSSION OF SIGNIFICANT EXPENDITURES BY DEPARTMENT:
 Legislative Body
The Legislative Body is $88k under the quarterly budget. Factors contributing to the variance include a reduction in the City’s required LAFCO contribution, project timing in the Neighborhood Improvement Commission and timing of contributions to Community Support groups.  Administration
The Administration Department is approximately $138k below the amount that would be expected as of the first quarter of the year. This is largely due to several open positions in the department. The Project Manager Position and the Assistant City Manager position were filled in the first quarter. The Communications and Public Engagement Coordinator position remains vacant. On a year over year basis, departmental costs decreased by $118k.
 City Attorney
The City Attorney’s Office is under budget by $195k in the first quarter. The department had an open Legal Assistant position for much of the first quarter. Additionally, legal costs are not necessarily expended evenly throughout the year, but are expended as needed. Lastly, cost allocations are based on actual costs one year prior, which is the cause of the negative expense amount.

Budget
General Fund Expenditures by
Q1
Department: FY24 FY24 FY23 FY22 $ % $ %
Legislative Body $ 169,943 $ 81,728 $ 168,739 $ 38,183 $ (87,011) -52% $ 43,545 114% Administration 154,015 35,109 173,356 114,207 (138,248) -80% (79,099) -69% City Clerk 30,351 20,001 25,537 15,205 (5,536) -22% 4,796 32% City Attorney 70,933 (103,849) 91,780 245 (195,630) -213% (104,094) -42543% Human Resources 162,545 122,870 163,331 (24,636) (40,461) -25% 147,507 -599% Finance Department 79,168 28,617 64,779 (58,403) (36,162) -56% 87,020 -149% Police Department 4,183,276 3,530,551 3,546,505 2,780,267 (15,954) 0% 750,283 27% Fire Department 2,709,804 2,227,720 2,339,415 1,988,868 (111,695) -5% 238,852 12% Building and Code Enforcement 329,975 233,990 245,071 215,511 (11,081) -5% 18,479 9% Community Development Administration (14,268) (121,411) (69,066) (8,748) (52,345) 76% (112,663) 1288% Planning 190,543 200,704 214,882 95,213 (14,178) -7% 105,491 111% Economic Development 238,558 260,913 231,222 401,201 29,691 13% (140,288) -35% Public Works/Engineering 1,284,443 1,116,317 1,001,327 482,712 114,990 11% 633,605 131% Recreation 1,486,003 1,340,109 1,422,730 902,186 (82,622) -6% 437,923 49% Transfer Out 1,900,021 - - 44,755 - n/a (44,755) -100%
Expenditures by Department $ 12,975,308 $ 8,973,368 $ 9,619,609 $ 6,986,766 $ (646,241) -7% $ 1,986,601 21% Q1
Variances:

Year over Year Vs.

FY23
Year over Year Vs.

FY22
Results:

Packet Page 16

CITY OF SEASIDE

11 Q1 FY 2023-24 FINANCIAL REPORT
 Police Department
The Police Department is $652k under budget in the first quarter due largely to personnel costs. A concerted effort remains underway between the Police Department, the City Manager’s Office and the Human Resources Department to bring the City’s Police Department up to full staff. Still, with six open Police Officer Positions, personnel costs are under budget by $623k. Overtime expenditures have decreased year over year by $50k, but still outpace budget by $23k for the quarter. On a year over year basis, overall department costs are essentially flat.
 Fire Department
The Fire Department is $482k under budget in the first quarter due largely to personnel costs ($227k), capital equipment purchases (94k) and debt service ($95k). In the first quarter, the department had one vacant Firefighter and one vacant Fire Engineer position. Overtime decreased year over year by $66k but was over budget by $48k. Capital equipment purchases occur irregularly and were not undertaken in the first quarter.

Likewise, debt service payments are irregular with a payment for the City’s ladder truck not due until the second quarter of the year.
 Community Development
The Planning Department is $107k under budget in the first quarter due largely to personnel costs and services and supplies costs. Personnel costs are under budget by $48k due to staffing vacancies. Services and Supplies for the department are under budget by $59k. The variance is largely due to low consulting costs that are a result of the unexpected departure of the department director. On a year over year basis, departmental costs are down 76%.
 Public Works/Engineering
The Public Works/Engineering department is approximately $168k below the amount that would be expected as of the first quarter of the year when compared to the adopted budget. This is largely due vacant positions in the department. In the first quarter, the department had a vacant Public Works Services Manager/City Engineer position as well as a vacant Senior Civil Engineer position. On a year over year basis, the department costs have increased $115k or 11%. Cost increases were anticipated and budgeted for, especially in the area of water costs for the City’s golf course.

BUDGET AMENDMENTS:

In the first quarter, the City of Seaside City Council approved a few budget amendments totaling $149k: A new appropriation was approved for the Seaside Stars program in the amount of $59k. A new appropriation was approved to increase the budget for the City Hall Parking Lot project in the amount of $74k. Lastly, a new appropriation was approved to provide funding for a project at Fernando Park in the amount of $16k. Some amendments were needed due to unforeseen costs, others were needed due to changing circumstances.

Packet Page 17

CITY OF SEASIDE

12 Q1 FY 2023-24 FINANCIAL REPORT
GENERAL FUND NET RESULTS & BUDGET OUTLOOK:

Overall, the first quarter showed expenditures of $9.0M (17% of the annual budget) in comparison with revenues of $7.7M (16.6% of the annual budget). This is not a cause for concern in light of the fact that certain revenues are not received at all in the first quarter (Franchise Fees and Motor Vehicle in-Lieu Fees) and others run two months in arears (Sales, Use & Transaction Taxes). Still, first quarter results can provide some insights:
 TOTs have recovered from pandemic era lows.
 Sales and Use Tax is has flattened out and may turn negative in fiscal year 2023-24.  Property Taxes remain strong, defying expectations of a slow down due to increasing mortgage rates and decreasing inventory.
 Marijuana Receipts tax are decreasing.
 Personnel costs were lower in the first quarter due to vacant positions, but are likely to end the year higher as compared to the previous year.

As can be seen, the results of the first quarter indicate that the ongoing operations of the City are expected to continue producing positive financial results, albeit at a slower rate as compared to the last couple of years. As planned, capital improvements will continue to be funded with fund balance.

The City’s total fund balance is projected to be $33.5M at fiscal year-end. The chart above shows several commitments and reserves held against the total balance. The City’s emergency, special and capital reserves are fully funded at the rates set by policy and provide a fiscal safety net for the City’s operations. The unassigned fund balance is expected to decrease to $6.7M by year-end.

Projected
Results
FY2024
Projected Fund Balance $ 33,502,164
Nonspendable (2,425,725)
Seaside Muni Loan (7,522,232)
Pension Trust (3,000,000)
Emergency Reserve - 15% (6,919,211)
Special Reserve - 10% (4,610,807)
Capital Reserve - 5% (2,305,404)
Unassigned Fund Balance $ 6,718,785
Fund Balance General Fund Changes in
Fund Balance:

Beginning Fund Balance (unaudited) $ 44,799,157
Prior Year Encumbrances (5,651,410)
Revenue 46,255,651
Expenditures (51,901,233)
Net Revenue (5,645,583)
Ending Fund Balance $ 33,502,164
Projected Budget
FY24
Packet Page 18

CITY OF SEASIDE

13 Q1 FY 2023-24 FINANCIAL REPORT
Headwinds:
 Inflation rates have reduced over the course of the last year, but still remain high. Many economists still believe a recession is possible in 2024.
 Expenses are likely to increase (due to inflation as well as increased cost of labor) especially in the area of major construction projects with bids expected to come in higher than originally anticipated.  PERS unfunded liabilities continue to grow.
 Possible Federal government shutdown.
 Geopolitical unrest.

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 2023-24 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, such as debt service schedules. Another example is pension costs, which can be estimated with some accuracy. Additionally, the City’s capital costs were input according to the five-year CIP.

The following updates were made to the LTF for the Q1 report:
 FY2022-23 projections were updated with preliminary (unaudited) results  FY2023-24 budget amendments were added

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. The City recently established a Section 115 Trust in an effort to mitigate these rising pension costs. 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 projects progress.

DEVELOPMENT OUTLOOK
Three notable development projects are expected to increase City costs for services and infrastructure, as well as generating revenue. They are 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. One additional development that is close to breaking ground is the Ascent project. The Ascent project is a ten building workforce rental housing project consisting of one bedroom, two bedroom, and three bedroom units and townhouses along Olympia Avenue.

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 projects through and the fiscal impact for the City’s operations is likely to be a net positive.

Packet Page 19

CITY OF SEASIDE

14 Q1 FY 2023-24 FINANCIAL REPORT

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. Overall, unassigned fund balance is projected to be nearly spent down by 2026. The current projection does however show the City maintaining policy level reserves for the next five years. With many headwinds on the horizon, this forecast is subject to change and will be re-evaluated at the Mid-year budget review in March of 2024. Staff will continue to update the forecast and present it to Council as specific information becomes available. 43 48 49 50 51 52
Actual Actual Actual Actual Preliminary
Results
Adjusted
Budget Projected Projected Projected Projected Projected 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029

REVENUES
Sales, Use & Transaction Tax 14,834,786 13,751,243 17,794,977 19,903,626 20,287,290 20,190,116 20,270,876 20,574,940 21,192,188 21,827,953 22,482,792 Property Tax 7,118,845 8,493,623 9,407,980 10,030,828 12,078,650 11,032,222 11,663,281 12,219,564 12,790,091 13,380,867 13,989,573 Transient Occupancy Tax 3,424,302 3,038,525 2,662,172 4,121,251 4,129,418 4,527,226 4,617,771 4,710,126 4,804,329 4,900,415 4,998,424 Utility User Tax 2,415,132 2,405,125 2,803,550 2,744,471 3,071,788 3,050,383 3,172,398 3,299,294 3,365,280 3,432,586 3,501,237 Franchise Fees 1,725,050 1,288,511 1,764,355 1,899,159 1,928,742 1,928,878 1,962,633 2,001,886 2,041,924 2,082,762 2,124,417 Marijuana Receipts Tax 514,565 1,209,596 1,416,668 1,198,045 967,985 1,172,483 1,242,832 1,292,545 1,331,321 1,371,261 1,412,399 Other Revenues 3,219,237 6,878,513 6,618,636 6,010,683 5,732,751 4,354,343 5,194,934 5,353,458 5,477,229 5,604,714 5,736,024 Developer Deposits - - - 959,369 - - - - - - -
Transfer In 135 - 118,983 9,175,575 - - - - - - - Water Fund Loan Repayment - - - - - - 394,838 394,838 394,838 394,838 394,838 Projected SRD; net revenue - - - - - - - 3,134,478 3,187,871.50 3,159,713.73 3,130,772.95 Proected Maingate/Campus Town; net revenue - - - - - - - 3,835,856.50 3,837,503.75 3,562,710.76 Total Revenues 33,252,052 37,065,136 42,587,320 56,043,006 48,196,623 46,255,651 48,519,564 52,981,128 58,420,928 59,992,614 61,333,187

EXPENDITURES BY TYPE
Personnel Services
Salaries & Overtime 15,138,471 15,949,592 13,659,269 16,236,861 18,096,930 20,658,547 21,483,918 24,368,176 25,099,215 25,852,186 26,627,746 Benefits 7,992,470 9,192,128 9,574,493 10,915,815 12,325,130 13,337,759 14,201,509 14,392,014 15,074,442 15,676,541 16,260,333 Total Personnel Services 23,130,940 25,141,720 23,233,762 27,152,676 30,422,060 33,996,306 35,685,427 38,760,190 40,173,657 41,528,727 42,888,078 Services & Supplies 4,506,135 4,532,224 5,591,424 7,913,532 10,081,125 8,720,442 8,850,543 9,115,010 9,296,610 9,481,842 9,670,779 Internal Service Charge 2,387,516 2,024,982 2,414,863 2,135,415 2,528,925 2,406,017 2,627,370 2,706,191 2,760,315 2,815,522 2,871,832 Operating Transfer Out 1,281,860 2,517,092 810,540 1,426,159 3,316,461 1,806,922 1,752,196 1,778,551 1,810,693 1,841,289 1,840,129 Debt Service 318,773 710,915 189,914 237,888 405,080 524,002 700,929 745,488 771,675 761,277 732,808 Non-project Capital 1,176,915 282,296 888,962 566,360 892,785 327,316 337,136 343,878 350,756 357,771 Debt Service Fire Station #2 - - - - - - 2,000,000 2,000,000 2,000,000 2,000,000 Administrative Allocation (1,004,152) (1,304,327) (1,344,047) (1,331,538) (1,412,639) (2,238,401) (2,421,055) (2,493,686) (2,568,497) (2,645,552) (2,724,918) Total Operating Expenditures 30,621,072 34,799,522 31,178,753 38,423,094 45,907,372 46,108,073 47,522,727 52,948,879 54,588,333 56,133,860 57,636,479 Operating Surplus/(Deficit) 2,630,980 2,265,614 11,408,567 17,619,912 2,289,251 147,578 996,837 32,249 3,832,595 3,858,754 3,696,708 Capital Outlay 1,525,942 931,830 940,757 3,598,510 1,794,474 5,793,160 4,231,271 3,040,522 3,086,737 3,118,472 3,150,841 Net Change in Fund Balance 1,105,038 1,333,784 10,467,810 14,021,402 494,777 (5,645,583) (3,234,434) (3,008,273) 745,858 740,282 545,867 End of Year Fund Balance 18,974,801 19,815,169 30,282,979 44,304,381 44,799,157 39,153,574 35,919,140 32,910,867 33,656,726 34,397,008 34,942,875 Less Prior Year Budget Roll Forward 5,651,410
Less Rainy Day Reserves 12,340,000 9,045,764 11,459,000 11,231,853 13,031,157 13,835,422 14,359,281 19,094,956 19,688,776 20,252,964 20,816,923 Less Restricted Balances 3,221,633 2,425,725 2,655,428 3,614,797 10,177,660 12,947,957 13,447,957 13,656,401 13,788,390 13,919,013 13,548,265 Unassigned Fund Balance 3,413,168 8,343,680 16,168,551 29,457,731 21,590,340 6,718,785 8,111,903 159,510 179,559 225,031 577,687 Long Term Forecast
$32.1 $35.7 $32.1
$42.0 $47.7
$51.9
$51.8
$56.0 $57.7 $59.3
$60.8
$33.3
$37.1 $42.6
$56.0
$48.2
$46.3
$48.5
$53.0
$58.4 $60.0
$61.3
$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 2029
Total Fund Balance Expenditures Revenues Rainy Day Reserves (policy level) Unassigned Fund Balance Packet Page 20

CITY OF SEASIDE

15 Q1 FY 2023-24 FINANCIAL REPORT

OTHER FUNDS
In addition to the General Fund, the budget includes funds from a range of restricted sources as well as business-type 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. The final increase of a five-year rate plan went into effect on January 1, 2023. A new rate study is currently under way with plans to implement new rates in the Fiscal Year 2024-25 budget.

Year over year, expenditures were somewhat lower in FY 24 as compared to FY23. This is due to some project work getting under way in the first quarter. Design work for a new well was programmed for the previous fiscal year, but the project did not get under way. The well design project was rolled forward to the current fiscal year. First 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 in the first quarter were $131k. Storm Water costs were $240k lower than the same quarter of the previous year, mainly due to timing of capital Improvement projects. 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
Q1
FY23 FY23 FY22 $ %
Operating Revenue $ 1,312,575 $ 336,962 $ 301,529 $ 35,433 12% Grant Revenue 1,500,000 - - - n/a
Expenditures (2,815,039) (250,976) (120,869) 130,107 108% Net Revenues $ (2,464) 85,986 $ 180,660 $ (94,674) -52% Year over Year Vs.

FY22
Variances:

Water Enterprise Q1
Results
Results:

Q1
Budget
Q1
FY24 FY24 FY23 $ %
Operating Revenue $ 314,154 $ 356,004 $ 336,962 $ 19,042 6% Expenditures 444,974 (121,638) (250,976) (129,338) -52% Net Revenues $ 759,128 234,366 $ 85,986 $ 148,380 173%
Year over Year Vs.

FY23
Variances:

Water Enterprise Q1
Results
Results:

Q1
Packet Page 21

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: November 16, 2023
SUBJECT: APPROVE AND FILE CITY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of August 26, 2023 through September 29, 2023, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending September 1, 2023 and September 15, 2023. Total Accounts Payable and Payroll for the above referenced period is $5,136,241.95.

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

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

A description of the checks and wires exceeding $10,000.00 are as follows:
• $15,050.00 to A. G. Davi LTD for United Way rental assistance for 1 tenant for the periods of: January-February 2023 & September-December 2023. • $46,513.19 to American Signal Company for Purchase of (3) changeable message signs.
• $24,578.59 to Bureau Veritas Technical Assessments LLC for Prof. plan review Packet Page 22

Item No.

8.A.

Page 2 of 4 ends

services for FYE 2024 facilities condition assessments for the period of July 2023. • $38,655.50 to California-American Water for Water consumption for multiple City of Seaside service addresses. Billing period of 7/25/23-8/23/23. Service addresses include city buildings, parks, fire hydrants, irrigation stations, and city affordable housing.
• $16,651.19 to Coastal Fabrication Company, Inc. for fabrication services of new handicap ramp and stair rails at 1583 Del Monte Blvd.
• $100,922.77 to Coastal Paving & Excavating, Inc. for Construction services of the Ord Terrace Elementary School Crossing Improvement Project through July 31, 2023.
• $14,070.45 to Coastal Paving & Excavating, Inc. for construction services of the Ord Terrace Elementary School Crossing Improvement Project through August 31, 2023.
• $187,821.82 to County of Monterey for Payment for FY 2023-24 Quarter 2 Dispatch Services.
• $31,148.53 to Enterprise FM Trust for monthly payments for (17) leased City vehicles for the periods of July-September 2023.
• $219,753.14 to Granite Rock Company for Construction services for Cutino Park Improvement Part 2, Phase 1 through July 31, 2023.
• $25,099.16 to Hamilton, Ellis & Martin Plaza for United Way rental assistance for 3 tenants for the periods of: August-November 2023, February 2022- August 2023 & August-November 2023.
• $27,854.00 to Hamilton, Ellis & Martin Plaza for United Way rental assistance for 4 tenants for the periods of: August-December 2023, September-December 2023, August-December 2023 & June-December 2023.
• $13,679.25 to Hope Services for Maintenance services for the period of August 2023.
• $17,753.76 to Kimley-Horn and Associates, Inc. for RSTP Grant Assistance for FY 2022-23 & professional services for the Broadway Streets Corridor project through May 31, 2023.
• $192,026.32 to Marina Coast Water District for Recycled water meter services for the period of 8/1/23-8/31/23.
• $40,439.52 to Monterey Co. Convention & Visitor's Bureau for TID (Tourism Improvement District) remittance for the reporting period of July 2023 for the 13 Seaside motels/hotels.
• $35,187.37 to Monterey County Auditor-Controller for the City's portion of FY 2023-24 LAFCO Budget Allocation.
• $13,677.50 to Monterey One Water for SCSD prof. services for Lift Station Maintenance during April-June 2023.
• $255,493.00 to Monterey Peninsula Engineering for Prof. construction services of the Lincoln Cunningham Basketball Court through the period of July 2023. • $11,420.30 to Natural Structures Inc. for Purchase of (1) portable seal slide. • $32,500.25 to Olympus and Associates, Inc. for Prof. services for the rehabilitation of the City Municipal Water Tanks.

Packet Page 23

Item No.

8.A.

Page 3 of 4 ends

• $55,196.25 to Pavement Engineering, Inc. for Professional services for the 2023 Hot Spot Repair project through August 31, 2023 & Pavement Rehab Project Phase 5 services through August 31, 2023.
• $54,749.37 to PG&E for Collective accts for street lights, highway lighting, park lights and city office buildings. Service for the statement period of August 2023. • $100,300.00 to Raimi & Associates, Inc. for Prof. services for the City's 6th Cycle Housing Element for the period of July 2023.
• $21,609.02 to RRM Design Group for Professional architectural and engineering services for the Fire Station 2 project through July 31, 2023. • $16,630.00 to Schaaf & Wheeler, Consulting Civil Engineers for Professional engineering services for the Storm Drain Master Plan Project through June 2023. • $22,530.00 to Seaview Affordable Communities, L.P. for United Way rental assistance for 4 tenants for the periods of: January-November 2023, SeptemberDecember 2023, June-December 2023 & January-February 2021/January-March 2023/October-December 2023.
• $13,231.18 to Sturdy Oil Company for 2,070 gallons of regular gas (ethanol) and 602 gallons of clear diesel delivered to the public works department on 8/23/23. • $275,617.06 to U.S. Bank St. Paul for City of Seaside joint powers financing authority lease revenue bonds: Measure X Road Improvements & Cutino Park Improvement Projects.
• $39,709.75 to U.S. Bank-Calcard for City of Seaside purchase card transactions for the billing period of August 2023.
• $51,056.52 to Wallace Group for July 2023 invoices for: Cutino & Ellis Parks Improvement services (Part 2, Phase 1); Bike Safe Strom Grates services; Lincoln Cunningham Basketball Court Improvement project services; Ord Terrace Elementary School Crossing project services; Fire Station Upgrade services; Del Monte LID project services.
• $14,177.24 to Wallace Group for August 2023 invoices for: Bike Safe Strom Grates services; Ord Terrace Elementary School Crossing project services; Fire Station Upgrade services.
• $20,216.74 to Whitson Engineers for August 2023 invoices for: Professional services for Cutino Park Improvements; Lincoln-Cunningham & Havanna-Soliz Parks Review; Del Monte Manor LID Project; Yosemite/San Pablo Storm Drain project; City Hall Parking Lot Repaving project.

The Net Payroll and Payroll benefits total was $2,079,111.36.

The remaining checks, totaling $1,011,811.85, include payments to vendors for operating expenditures.

The check report is available on the City's website here:
https://www.ci.seaside.ca.us/194/Check-Draft-Register
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Item No.

8.A.

Page 4 of 4 ends

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 25

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: Successor Agency to the Redevelopment Agency of the City of Seaside FROM: Jaime M. Fontes, City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: November 16, 2023
SUBJECT: APPROVE AND FILE SUCCESSOR AGENCY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of August 26, 2023 through September 29, 2023, including the payroll and benefits checks, direct deposits and wired payments related to the pay period ending September 1, 2023 and September 15, 2023. Total Accounts Payable and Payroll for the above referenced period is $2,353.91.

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

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

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

The Checks report is available on the City's website here:
https://www.ci.seaside.ca.us/194/Check-Draft-Register
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Item No.

8.B.

Page 2 of 2 ends

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None

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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: November 16, 2023
SUBJECT: ACCEPT AND FILE DEVELOPMENT IMPACT FEES REPORTS FOR THE FISCAL YEAR ENDING JUNE 30, 2023.

RECOMMENDATION
Accept and file development impact fees reports for the fiscal year ending June 30, 2023.

BACKGROUND
In order to comply with the California Government Code Subsection 66006(b)(1), the City must report annually on the amount of Development Impact Fees collected, the beginning and ending balances in the account and any interest earned. The reports are due within one hundred eighty days of the close of the fiscal year. The council must review the information at a regularly scheduled public meeting not less than 15 days after the information is made available.

The required reports were first made available to the Council and to the public on Friday, October 20, 2023.

The Mitigation Fee Act, California Government Code Section 66000 et. seq. authorizes the City of Seaside (City) to impose, collect and expend mitigation fees to offset the impact of development within the City. The only impact fees currently collected by the City are imposed as conditions of approval in specific developer agreements and are commonly referred to as "fair share fees". The City has adopted a water capacity fee.

However, no water capacity fees have been collected thus far. Cities that levy and collect fees have certain annual reporting requirements and if unspent balances remain after five years, the City must make certain findings regarding the fees after five years and every five years thereafter. The City of Seaside City Council made findings in 2022, therefore additional findings are not required in 2023.

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Item No.

8.C.

Page 2 of 2 ends

FISCAL IMPACT
There are no fiscal impacts associated with accepting the report.

ATTACHMENTS

1. Developer Agreement_Impact Fees_FY23
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 29
City of Seaside, California
Development Impact Fees Report
Developer Agreement Fair Share
Fees
Fiscal Year Ended June 30, 2023
Prepared by City of Seaside Finance Director
Victor Damiani
Packet Page 30
City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2023
pg. 1
For purpose of compliance with California Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented in connection with the City’s Impact Fees fund:
(A) A brief description of the type of fee in the account or fund.

Fair Share Fees - Fees collected are used for the planning, design, construction or support activities of facilities in existence at the time the charge is imposed or for new facilities to be constructed in the future that are necessitated by the development project. (B) The amount of the fee.

FY 2022/2023:

Fair Share Fees: $172,796
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.

Statement of Revenues, Expenditures and Changes in Fund Balance

REVENUES
Seaside Resort Development $ 172,796
Interest $ 12,129
Total Revenues $ 184,925

EXPENDITURES
Fire Station Design $ 138,392
Total Expenditures $ 138,392

OTHER FINANCING SOURCES (USES)
Transfers in $ -
Transfers out $ -
Total Other Financing Sources & Uses $ -
REVENUES OVER (UNDER) EXPENDITURES $ 46,533
Beginning Fund Balance as of 07/01/22 $ 837,014
Ending Fund Balance as of 06/30/23 $ 883,547
For the Year Ended Jun 30, 2023
Packet Page 31
City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2023
pg. 2
(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. • Fees were transferred to the Capital Project fund for Government Facilities (Fund 344) . The transferred funds were used for design of a second fire station on the north side of the City of Seaside.
(F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

Fires Station # 2 Design and Construction
• A Second Fire Station on the North side of the City of Seaside • Estimated cost is $20,000,000.00 and design is scheduled to be undertaken in FY 22/23 and construction planned for FY 24/25.
(G) A description of each interfund transfer or loan made from the account or fund,including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. • Fees were transferred to the Capital Project fund for Government Facilities (Fund 344) . The transferred funds were used for design of a second fire station on the north side of the City of Seaside.
(H) The amount of the refunds made pursuant to subdivision € Section 66001 andany allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Jessica Riley, Assistant Finance Director
DATE: November 16, 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 SEPTEMBER 30, 2023

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 September 30, 2023.

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 July 1, 2023, and ending September 30, 2023.

The September 30, 2023 report shows that approximately 100% of the portfolio is City of Seaside funds and less than 1% is Successor Agency Funds. 46% of the funds are invested in the Local Agency Investment Fund with the State of California.

FISCAL IMPACT
None.

ATTACHMENTS

1. LAIF Program Description
Packet Page 33

Item No.

8.D.

Page 2 of 2 ends

2. LAIF Quarterly Apportionment Rates

3. PMIA Performance Report 20230930

4. Quarterly Investment Exhibits - 1Q quarter ended 09-30-23 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 34
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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Exhibit A

DESCRIPTION INSTITUTION VALUATION AMOUNT
LAIF - City Funds State Treasurer Market $ 24,205,288.58 General Checking Bank of West Market $ 15,614,547.17
Money Market Bank of West Market $ 6,799,147.17
2022 Lease Escrow Account Webster Bank Market $ 29,159.31 PARS Retirement Account US Bank Market $ 20,270.25
PARS 115 Trust PARS Market $ 3,499,432.19
York Tail Claims Bank of America Market $ 29,629.80
Bond 2018 Cutino Reserve account US Bank Market $ 1,111,955.53 Bond 2018 Measure X Reserve account US Bank Market $ 192,466.60 Bond 2014 Reserve account US Bank Market $ 232.19
Bond 2006 Reserve & Installment accounts US Bank Market $ 339,564.22 Pension Obligation Bond Program Reserve account Wells Fargo Bank Market $ 799,318.22 Total $ 52,641,011.23
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 SEPTEMBER 30, 2023
Packet Page 39
Exhibit B
Book % of Market
Yield Value Total Value
Investments
State Treasurer LAIF - City Account 1.58% 24,205,288.58 45.98% 24,205,288.58 Checking Account
BMO - General Checking 0.00% 15,614,547.17 29.66% 15,614,547.17 BMO - Money Market 1.71% 6,799,147.17 12.92% 6,799,147.17 Webster Bank - 2022 Lease 0.68% 29,090.89 0.06% 29,159.31 PARS Retirement Account 2.07% 20,270.25 0.04% 20,270.25 PARS 115 Trust -6.86% 3,499,432.19 6.65% 3,499,432.19
Bank of America-York Checking 0.00% 29,629.80 0.06% 29,629.80 US Bank - Cutino Revenue 2018 Bonds
Installment Payment, Reserve 0.00% 1,111,955.53 2.11% 1,111,955.53 US Bank - Measure X Revenue 2018 Bonds
Installment Payment, Reserve 0.00% 192,466.60 0.37% 192,466.60 US Bank - Redevelopment Agency Merged Area Refunding 2014 Bonds Installment Payment, Reserve 20497.90% 232.19 0.00% 232.19 US Bank - Golf Course 2006 Bonds
Installment Payment, Reserve 0.00% 339,564.22 0.65% 339,564.22 US Bank - PNC Equipment Lease Escrow Account 0.00% - 0.00% - Wells Fargo Bank
Pension Obligation Bond Program Reserve Account 1.99% 799,318.22 1.52% 799,318.22 Total Cash and Investments 100.00% 52,640,942.81 52,641,011.23 CITY OF SEASIDE and THE SUCCESSOR AGENCY

SUMMARY OF POOLED CASH AND INVESTMENTS
AS OF SEPTEMBER 30, 2023
Packet Page 40
Exhibit C
ACCOUNT BEGINNING EXPENDED or INTEREST ENDING

INSTITUTION STATUS BALANCE DEPOSITED TRANSFERRED EARNED BALANCE

INVESTMENTS
LAIF - City OPEN $ 24,016,723.65 - 188,564.93 $ 24,205,288.58

CHECKING ACCOUNT
BMO - General Checking OPEN $ 25,327,151.08 12,695,812.38 22,408,416.29 $ 15,614,547.17 BMO - Payroll Checking OPEN $ - 10,947,432.07 10,947,432.07 $ - BMO - Money Market OPEN $ 6,741,908.67 - - 57,238.50 $ 6,799,147.17 BMO - Athens Tail Claims OPEN $ 0.00 6,559.26 6,559.26 - $ 0.00 Webster Bank - 2022 Lease OPEN $ 29,090.89 - 30.00 98.42 $ 29,159.31 PARS Retirement Account OPEN $ 20,093.88 14,340.00 14,370.10 206.47 $ 20,270.25 PARS 115 Trust OPEN $ 3,122,850.44 500,000.00 4,638.40 (118,779.85) $ 3,499,432.19 Bank of America York Tail Claims OPEN $ 29,629.80 - - - $ 29,629.80

BOND RESERVE ACCOUNT - HELD BY TRUSTEES
Bond 2018 Cutino Accounts - Reserve, Interest OPEN $ 1,028,758.92 83,183.64 - 12.97 $ 1,111,955.53 Bond 2018 Meas X Accounts - Reserve, Interest OPEN $ 16.59 192,450.01 - - $ 192,466.60 Bond 2014 Accounts - Reserve, Interest OPEN $ 83.27 150,172.98 150,256.25 232.19 $ 232.19 Bond 2006 Accounts - Reserve, Installment OPEN $ 573,939.23 38.42 234,419.67 6.24 $ 339,564.22 Wells F Pension Obligation Bond Prog-Reserve Acct. OPEN $ 37,167.83 758,254.82 213.75 4,109.32 $ 799,318.22 $ 60,927,414.25 25,348,243.58 33,766,335.79 131,689.19 $ 52,641,011.23 CITY OF SEASIDE and THE SUCCESSOR AGENCY

CASH AND INVESTMENT ACTIVITY REPORT FOR THE PERIOD
JULY 1, 2023 THROUGH SEPTEMBER 30, 2023
Packet Page 41

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: November 16, 2023
SUBJECT: APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST

FROM SEASIDE HIGH SCHOOL WOOD SHOP PROGRAM

RECOMMENDATION
Approve a request from the Seaside High School Wood Shop Program for a donation of $3,000.00 from the Mayor's Youth Fund to help cover the cost of consumables such as glue, sandpaper, saw blades and planer blades.

BACKGROUND
The Seaside High School Wood Shop Program is requesting a $3,000 donation from the Mayor's Youth Fund to cover the costs of consumables such as glue, sandpaper, saw blades and planer blades. The program serves 150 students annually. The majority of the students use wood donated by local construction and woodworking companies. The wood would otherwise be discarded or burned but is instead repurposed into beautiful projects. The wood sawdust produced is composted for the school garden.

Based on the information provided, staff has determined that the application meets the requirements of the Mayor's Youth Fund Policy. This is the first time that Seaside High School Wood Shop has requested a donation.

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $63,107.02. If the City Council approves this request, the balance will decrease to $60,107.02. This is for fiscal year 2023-2024.

In the event that all of the funds in the Mayor's Youth Fund are exhausted, staff will Packet Page 42

Item No.

8.E.

Page 2 of 2 ends

keep a file of all applications. Upon Green Waste's issuance of the next round of funding, all applications on file will be processed at the next available City Council meeting.

ATTACHMENTS

1. MYF Seaside High School Wood Shop 2023

2. W-9 Seaside High School Wood Shop 2023
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 43
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Packet Page 49

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: November 16, 2023
SUBJECT: APPROVE A FEE WAIVER FROM THE BOYS & GIRLS CLUB OF

MONTEREY COUNTY FOR THE USE OF THE LAGUNA GRANDE
HALL AND KITCHEN FOR THE 2024 MARTI MULFORD YOUTH
ARTS EXHIBIT ON JANUARY 19, 2024

RECOMMENDATION
Approve a fee waiver request from the Boys & Girls Club of Monterey County in the amount of $410.25 for the use of Laguna Grande Hall and Kitchen for the 2024 Marti Mulford Youth Arts Exhibit.

BACKGROUND
The Boys & Girls Club of Monterey County has requested a fee waiver to help cover the cost associated with their 2024 Marti Mulford Youth Arts Exhibit set to take place on Friday, January 19, 2024 from 4:30 p.m. to 8:30 p.m. in the Laguna Grande Hall at the Oldemeyer Center.

The Boys & Girls Club of Monterey County provides youth who are dedicated to the visual and performing arts a way to showcase their work at the annual Marti Mulford Youth Arts Exhibit. The exhibit was named after Marti Mulford, a local ceramist, for her legacy of art and nurturing the creativity of youth.

The last fee waiver submitted to the City Council by the Boys & Girls Club of Monterey County was approved on October 17, 2019, for their Marti Mulford Youth Arts Exhibit that was held in the Laguna Grande Hall at the Oldemeyer Center on January 16, 2020.

FISCAL IMPACT
Should the City Council approve the full fee waiver request, the approximate fiscal Packet Page 50

Item No.

8.F.

Page 2 of 2 ends

impact is as follows:

Laguna Grande Hall & Kitchen Rental Fee 4 Hours @ $56.25 $225.00 Insurance $ 87.00
Non-Refundable Deposit $ 98.25
TOTAL $410.25

ATTACHMENTS

1. Fee Waiver Request - Boys & Girls Clubs of Monterey County 2023

2. Boys & Girls Clubs of Monterey County 501(c)(3)
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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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
Dave Fortune, Maintenance and Utilities Superintendent
DATE: November 16, 2023
SUBJECT: AUTHORIZATION TO DISPOSE OF SURPLUS CITY VEHICLES

AND EQUIPMENT

RECOMMENDATION
Approve the disposal of select City vehicles and equipment that are no longer needed and considered excess due to inoperability or poor condition.

BACKGROUND
Section 2.49 of the Seaside Municipal Code addresses the disposal of surplus items no longer needed or usable by a City department. It requires the City Manager to provide an itemized list of property to the City Council valued in excess of $100.00. Should the Council determine the items are no longer usable by the City, the City Manager or his designee will have the authority to dispose of all such items. Disposal would be accomplished by sale, auction or donation to any nonprofit organization or governmental entity providing services to the City or its residents, or to any Seaside Sister City.

Vehicles and equipment on the list below are no longer needed by the City. They have either been replaced by new equipment or they have reached the end of their useful life. The plan is to sell vehicles and equipment on the list using Public Surplus.com, an online auction site for government vehicles and equipment. Anything that is not sold at the auction will be donated or sold to a recycling facility. The values placed on the vehicles and equipment were estimated using the best judgment of past auction sales.

City of Seaside Vehicles and Equipment Surplus Vehicles Packet Page 58

Item No.

8.G.

Page 2 of 3 ends

Veh#

Description

Make Model Yr Dept

Miles Disp. Value
675

Backhoe John
Deere
410 G 2002

PW 3,000
Hrs
Sell $15,000
68 Patrol Ford Crown
Vic
2007

PD 130,000 Sell $500
673

Sweeper Elgin M2-106 2006

PW 49,000 Sell $2,000
601

Compressor Ingersoll
Rand
160WW 1984

PW 1,500
Hrs
Sell $100
680 Truck Chevrolet

C2500 1989

PW TMU Sell $500
628

Truck Dodge Ram
3500
2002

PW 130,000 Sell
$2,500
62 Patrol Ford Crown
Vic
2006

PD 110,000 Sell $500
82 Admin Ford Crown
Vic
2007

PW 105,000 Sell $2,000
693

Truck GMC C-3500 1988

PW 165,000 Sell $1,500
656

Truck GMC S-15 1985

Rec. 50,000 Sell $500
660

SUV Chevrolet

Tahoe 2002

Eng. 235,000 Sell
$2,500
679 Truck Chevrolet

2500 HD 2006

PW 185,000 Sell $500
704

Signboard Nat
Signal
Sun Ray
380
2007

PW N/A Sell $1,000
705

Signboard Nat
Signal
Sun Ray
380
2007

PW N/A Sell $250
706

Signboard Nat
Signal
Sun Ray
380
2007

PW N/A Sell $1,000
639

Truck Chevrolet

C2500 1989

PW 160,000 Sell $1,500
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Item No.

8.G.

Page 3 of 3 ends

624

Truck Dodge Ram2500

2002

PW 170,000 Sell $1,500
Gustine

K-9 Ford Crown
Vic
2008

160,000 Sell $1,500

FISCAL IMPACT
Sale of the vehicles and equipment could generate approximately $35,350.00.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 60

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
Patrick Grogan, Associate Engineer
DATE: November 16, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AGREEMENT WITH

SEASIDE COUNTY SANITATION DISTRICT (SCSD) FOR

REIMBURSEMENT OF COSTS TO COMPLETE THE SUTTER

STREET SEWER RELOCATION PROJECT

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an agreement with the Seaside County Sanitation District (SCSD) for reimbursement of construction costs for the Sutter Street Sewer Relocation Project, constructed as part of the City Hall and Library Parking Lot Repaving Project.

BACKGROUND
The Seaside County Sanitation District (SCSD) provides sewer utility services to the City of Seaside, Sand City, and City of Del Rey Oaks. The City has started construction on the City Hall and Library Parking Lot Repave Project, which includes repaving the parking lot in front of City Hall and the library, improving ADA paths of travel, and routing the Sutter Street sewer main from a private easement to the City's parking lot.

The sewer line that runs down the easement from the corner of Sutter Street to Harcourt Avenue is a 6" corrugated metal pipe (CMP) sewer line that is damaged, and has rusted through the wall of the pipe in several locations. The easement is 5 feet wide and is located along the west side of the parcel at 594 Harcourt Avenue. As part of the project, the City is proposing to abandon the existing sewer line in place, fill the line with flowable cementous slurry, and construct a new 8" HDPE sewer main. The new sewer main is to be routed from the manhole on Sutter Street, east of the library, through the library parking lot, and reconnected to the sewer main on Harcourt Avenue.

The City proposed to perform this work concurrently and with the same construction Packet Page 61

Item No.

8.H.

Page 2 of 3 ends

contract as the City’s construction project.

The City retained the services of Whitson Engineers (Whitson) and Schaaf & Wheeler (S&W) as the civil engineering firms to design the proposed upgrades. As part of this work, S&W entered into a contract with SCSD on February 1, 2023, for an amount not to exceed $24,606.00 for project management, data collection and analysis, and pipeline design. The attached agreement proposes that the SCSD pay its share of the actual cost of the work determined on the basis of the actual bid price of the construction contract. The estimated cost to SCSD for their portion of the work being done by the City construction contractor is $157,215.00. A contingency amount of approximately 15% of the construction cost for unforeseen circumstances associated with the construction has been authorized by the Council. The construction contract was awarded to Monterey Peninsula Engineering at the July 20, 2023 Seaside City Council meeting. The total SCSD amount of the construction cost, including contingency, to be reimbursed to the City upon completion of the scope of work of the City project, is $180,800.00.

At their meeting on October 10, 2023, the SCSD Board approved executing a reimbursement agreement to reimburse the City of Seaside for upgrades to the sanitary sewer system made as part of the City Hall and Library Parking Lot Repaving Project.

Staff is now recommending the City Council authorize the City Manager to execute the reimbursement agreement.

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 parking lot and sanitary sewer utility, and involves negligible or no expansion of use.

FISCAL IMPACT
The reimbursement agreement with the Seaside County Sanitation District is for an estimated amount of $157,215.00 plus 15% contingency for total amount of $180,800.00, to be funded from the Sewer Main Replacement fund (Account 953-8820- 9215), to the project account (Account 344-8910-9552).

ATTACHMENTS

1. Resolution

2. Reimbursement Agreement

3. Reimbursement Agreement Exhibit A
Packet Page 62

Item No.

8.H.

Page 3 of 3 ends

Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 63
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AGREEMENT WITH SEASIDE COUNTY SANITATION

DISTRICT (SCSD) FOR REIMBURSEMENT OF COSTS TO COMPLETE THE

SUTTER STREET SEWER RELOCATION PROJECT
WHEREAS, the Sutter Street Sewer Relocation project is an approved Seaside County Sanitation District Capital Improvement Project; and WHEREAS, the City Hall and Library Parking Lot Repaving project is an approved City of Seaside Capital Improvement Project; and
WHEREAS, the Sutter Street Sewer Relocation project will be completed concurrently and with the construction contract for the City of Seaside City Hall and Library Parking Lot Repaving project (Project); and
WHEREAS, Whitson Engineers completed design of the project in May 2023; and WHEREAS, The City of Seaside (City) is currently constructing the City Hall and Library Parking Lot Repaving Project, which includes repaving the parking lot in front of City Hall and the Seaside Library, improving ADA paths of travel, and routing the Sutter Street sewer main; and
WHEREAS, the portion of the sewer line which is within the easement at 594 Harcourt Avenue is damaged, and requires replacement; and WHEREAS, the sewer line is located in close proximity to the structure of the private residence at 594 Harcourt Avenue; and
WHEREAS, to avoid disturbance to private property, the sewer line is being rerouted from the manhole on Sutter Street, through the City Hall and library parking lot, to Harcourt Avenue, prior to the placement of the new parking lot pavement; and WHEREAS, Seaside County Sanitation District (District) is the owner and operator of the sanitary sewer system within the proposed project limits; and Packet Page 64
WHEREAS, the City is constructing line sewer line replacement with the City Hall and Library Parking Lot construction project with the District paying its share of probable cost; and
WHEREAS, Monterey Peninsula Engineering was awarded the construction contract for the project, with a total cost of $157,215.00 pertaining to the portion of work to be performed for the Sutter Street Sewer Relocation Project; and WHEREAS, at the July 20, 2023 Meeting, the City Council approved a 15% contingency be applied to the estimated sum as is typical with construction projects, to accommodate unforeseen circumstances and construction management and inspection costs should the need arise; and
WHEREAS, 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 parking lot and sanitary sewer utility and involves negligible or no expansion of use.

WHEREAS, Seaside County Sanitation District has willfully entered into an agreement to reimburse the City of Seaside for costs related to the construction of the Sutter Street Sewer Relocation project, up to a reimbursement limit of $180,800.00; and WHEREAS, the City agrees to pay for the initial costs related to construction, in advance of reimbursement by SCSD, per the agreement, and all costs above the reimbursement limit.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to enter into a Reimbursement Agreement with Seaside County Sanitation District to allow for reimbursement for sanitary sewer improvements of Sutter Street Sewer Relocation project constructed as part of the City Hall and Library Parking Lot Repaving project.

Packet Page 65
PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 16th day of November, 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 66

CITY HALL AND LIBRARY PARKING LOT REPAVE PROJECT

REIMBURSEMENT AGREEMENT

This is a Sewer Line Improvement and Relocation Reimbursement Agreement between the City of Seaside (“CITY”) and Seaside County Sanitation District (“SCSD”) for the purpose of relocating and replacing certain portions of sewer line and the reimbursement to CITY by SCSD for relocating and replacing certain portions of the existing sewer line.

RECITALS
WHEREAS, the City of Seaside (“CITY”, “DEVELOPER”), in conjunction with its parking lot repaving project has planned to relocate and reconstruct a portion of the SCSD sewer line; and
WHEREAS, SCSD is the owner and operator of an older sewer line which is required to be relocated and replaced as a part of the City’s repaving project; and WHEREAS, SCSD and CITY have agreed that such relocation and replacement of the sewer line is of benefit to SCSD as it will improve both access and quality of the sewer line all to the benefit of SCSD; and
WHEREAS, SCSD has reviewed and approved the improvements associated with the relocation of the sewer, and as described in PLANS and Exhibit A (“Improvements”), will benefit other properties within the City and are therefore properly the subject of this Reimbursement Agreement; and

NOW THEREFORE, SCSD AND CITY AGREE AS FOLLOWS:

AGREEMENT

1. Recitals Correct. The recitals set forth above are true and correct.

2. Reimbursement. SCSD and CITY agree that Improvements consisting of the relocation of the sewer line shown on the PLANS and as described in Exhibit A are properly the subject of a Reimbursement Agreement and that the sum of $157,215.00 is a fair and equitable reimbursement for CITY’S costs of relocating the sewer line to benefit other properties within the City. SCSD agrees to pay CITY amount listed above upon completion of the Improvements by DEVELOPER, approval of and acceptance of dedication of Improvements by the City Engineer.

3. Construction. CITY shall construct Improvements. The Improvements as described in PLANS and Exhibit A have been reviewed and approved by CITY. However, CITY has not made an independent investigation of the job site, soil conditions, and any and all other conditions that might affect the design and construction of the facilities. It is the Packet Page 67
responsibility of CITY to construct all Improvements in accordance with the PLANS and Exhibit A. In the event that job conditions require changes in the PLANS and/or Exhibit A, a request for such deviation must be submitted in writing by CITY for approval by SCSD; no deviation will be allowed without such approval.

4. Access; Compliance with Plans and Exhibit A. CITY shall allow SCSD’S duly authorized representative access to the work at all times and shall furnish representative with every reasonable facility for ascertaining that the methods, materials, and workmanship comply with the requirements and intent of the PLANS and Exhibit A. SCSD may reject defective work and require its repair, replacement, or removal by CITY, all at no expense to SCSD. All work shall conform to the PLANS and Exhibit A.

5. Default. In the event that the Improvements are not completed to the satisfaction of CITY, CITY in addition to any other remedy at law or equity, may complete such work with its own forces or by contract. In the event of such default by DEVELOPER, and CITY’s subsequent undertaking, CITY shall have no obligation to reimburse DEVELOPER for any partial performance of this agreement, except that CITY shall reimburse DEVELOPER for that portion of the work which is determined by CITY to be acceptable.

6. Indemnity. CITY agrees to accept all responsibility for loss or damage to any person or entity, and to defend indemnify, hold harmless and release SCSD, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities or expenses that maybe asserted by any person or entity, including CITY, arising out of or in connection with the performance of CITY hereunder, whether or not there is concurrent negligence on the part of SCSD but excluding liability due to the sole active negligence or sole willful misconduct of SCSD. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CITY or its agents under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

CITY shall be liable to SCSD for any loss of, or damage to, SCSD property arising from or in connection with CITY’S performance hereunder.

8. Permits. Prior to commencing construction of Improvements, CITY shall be responsible for obtaining all required permits for the construction and installation of said improvements and facilities, including but not limited to building, grading and encroachment permits from CITY.

9. Prevailing Wages. This is a public works project and CITY shall comply with all provisions of California Labor Code §§ 1770 et seq. regarding prevailing wages.

10. Workmanship. CITY hereby warrants that the design and construction of improvements will not adversely affect any portion of adjacent properties, and that all work will be performed in a proper and workmanlike manner.

12. No Third Party Beneficiary. Nothing in this agreement does or is intended to create an interest in any person or entity not a party to this agreement.

Packet Page 68

13. Merger. This writing is intended both as the final expression of the agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the agreement, pursuant to Code of Civil Procedure ' 1856. No modification of this agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties.

14. Notice. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows:

SCSD : District Engineer
SCSD
440 Harcourt Engineering
Seaside, CA 93955
CITY: City Engineer
Public Works Engineering
440 Harcourt Avenue
Seaside, CA 93955
and when so addressed shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notice, bills and payments shall deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving notice pursuant to this paragraph.

15. Governing Law; Venue. This Agreement shall be construed, and its performance enforced, under California law. Because this Agreement is to be performed in the County of Monterey, The parties hereto agree that the forum for the adjudication of any dispute regarding this Agreement or enforcement thereof shall be brought exclusively and solely in Sonoma County, California.

16. Assignment. CITY shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of the District Engineer, in the District Engineer’s sole and absolute discretion. CITY agrees that the District Engineer shall have the right to approve any and all subcontractors and subconsultants to be used by CITY in the performance of this Agreement before CITY contracts with or otherwise engages any such subcontractors or subconsultants.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
Packet Page 69
CITY: SCSD:

By: By: ______________________________
Title: Title: _____________________________

Date: Date: _____________________________
By:________________________________
Title:______________________________
Date:______________________________
ATTEST:

By: ______________________

APPROVED AS TO FORM:

By: ______________________
Office of the City Attorney
Attachments:
• Exhibit A – City Hall and Library Parking Lot Repave Project Cost Packet Page 70
Bid Item Original Reimbursement Amount Revised Reimbursement Amount Line Item 20 $1,500.00 $1,500.00
Line Item 21 $9,000.00 $18,000.00
Line Item 22 $9,000.00 $0.00
Line Item 23 $10,000.00 $0.00
Line Item 24 $52,200.00 $52,200.00
Line Item 25 $7,500.00 $0.00
Line Item 26 $15,000.00 $15,000.00
Extra Work PCO 3.01 $0.00 $11,695.00
Extra Work PCO 6.00 $0.00 $58,820.00
Total $104,200.00 $157,215.00
Sutter Street Sewer Reroute Reimbursement Tabulation
Exhibit A
Packet Page 71
Packet Page 72
Packet Page 73
August 28, 2023
Patrick Grogan
City of Seaside
Associate Civil Engineer
440 Harcourt Ave.

Seaside, CA 93955
(831) 899-6885
[email protected]
Re: City of Seaside City Hall & Library Parking Lot- PCO #003.01, Sewer Changes M.P.E. proposes to provide all labor, equipment, and materials required to install new sewer system as per revised plan sheet C2.2, dated 8/23/23.

Work to be Performed (Extra Work):
• Bid Item 21: SSMH 1 EA @ $9,000
• Additional depth for new sewer installation 1 / LS @ $11,695 Total Add: $20,695.00
Work to be Omitted (Credit):
• Bid Item 22: Construct shallow SSMH (1 EA @ $9,000)
• Bid Item 23: Construct polymer drop SSMH (1 EA @ $10,000) • Bid Item 25: Construct storm drain crossing (1 LS @ $7,500) Total Credit: ($26,500.00)
Notes:
• This proposal does not include additional work related to sewer lateral relocations. • This proposal does not include additional potholing work performed on Force Account. • Credited bid items are provided to show the effect on total contract value. If credited items are incorporated into this CCO and billed for, corresponding Contract bid items will also be billed for to balance.

Total Change: ($5,805.00)
It is mutually agreed that for such change the contract price is decreased by $5,805.00 (five thousand, eight hundred, five dollars, and 0/100).

Packet Page 74
M.P.E. specifically excludes the following items:
• Sewer lateral relocation work
• Engineering, permits, and/or fees
• All bonds, as-builts, and/or construction staking
• All construction testing
• SWPPP installation and/or maintenance
• Any items not specifically listed above
Please review the above cost proposal and, if acceptable, issue a change order for the work described.

In addition, we request a Contract Time Extension of one (1) working day(s) or two (2) calendar day(s). If you have any questions, please feel free to contact me by phone at (831) 277-5917, or by email at [email protected].

Sincerely,
Bart Bruno
Bart Bruno
Estimator/Project Manager
Packet Page 75
September 21, 2023
Patrick Grogan
City of Seaside
Associate Civil Engineer
440 Harcourt Ave.

Seaside, CA 93955
(831) 899-6885
[email protected]
Re: City of Seaside City Hall & Library Parking Lot- PCO #006.00, Relocate SS Laterals
M.P.E. proposes to provide all labor, equipment, and materials required to install new sewer lateral(s) as shown on revised plan sheet C2.2 dated 8/23/23.

Work to be Performed (Extra Work):

Option A: Shared 6” Lateral
• USA and layout $650.00
• Pothole existing utilities and points of connection as shown on plans $4,550.00 • Excavate, connect to existing sewer main, and install 90 LF of new 6” shared lateral within existing easement $29,600.00
• Bypass existing sewer while connecting new wyes $2,800.00 • Prepare grade for 10 LF of new concrete curb, gutter, and sidewalk $1,300.00 • Form, pour, and finish 10 LF new concrete curb, gutter, and sidewalk $1,650.00 • Restore pavement with 4” HMA $7,400.00
• Provide all traffic control required for work described above $7,920.00 • Furnish pipe materials for work described above $2,950.00 Total Option A: $ 58,820.00
Option B: Individual Laterals
• USA and layout $650.00
• Pothole existing utilities and points of connection as shown on plans $9,100.00 • Sawcut and demolish existing PCC and brick paving at 590 Harcourt $3,350.00 • Excavate, connect to existing sewer main, and install two (2) 90 LF 4” sewer laterals $50,000.00
• Bypass existing sewer while connecting new wyes $3,250.00 Packet Page 76
• Prepare grade for 20 LF of new concrete curb, gutter, and sidewalk $2,600.00 • Form, pour, and finish 20 LF new concrete curb, gutter, and sidewalk $3,300.00 • Prepare grade for new concrete hardscape at 590 Harcourt $5,200.00 • Form, pour, and finish new concrete at 590 Harcourt $14,500.00 • Restore pavement with 4” HMA $13,300.00
• Provide all traffic control required for work described above $10,550.00 • Furnish pipe materials for work described above $3,150.00 Total Option B: $118,950.00
Notes:
• This proposal excludes all landscape and/or irrigation restoration. If required, repairs with be performed on a Force Account basis.
• We cannot guarantee colored concrete to match existing color. • Bypass for tie-in work assumed to be plugs with submersible trash pump and lay flat hose. If a more robust bypass system is required, additional costs will be warranted. • Because of the nature of working on private property, we suggest performing ALL work on a Force Account basis.

If Option A is chosen, it is mutually agreed that for such change the contract price is increased by $58,820.00 (fifty-eight thousand, eight hundred, twenty dollars, and 0/100).

If Option B is chosen, it is mutually agreed that for such change the contract price is increased by $118,950.00 (one hundred, eighteen thousand, nine hundred, fifty dollars, and 0/100).

M.P.E. specifically excludes the following items:
• Sewer lateral relocation work
• Engineering, permits, and/or fees
• All bonds, as-builts, and/or construction staking
• All construction testing
• SWPPP installation and/or maintenance
• Any items not specifically listed above
Please review the above cost proposal and, if acceptable, issue a change order for the work described.

In addition, we request a Contract Time Extension of ten (10) working day(s) or sixteen (16) calendar day(s). If you have any questions, please feel free to contact me by phone at (831) 277-5917, or by email at [email protected].

Sincerely,
Bart Bruno
Bart Bruno
Estimator / Project Manager
Packet Page 77

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
Rosa Salcedo, Executive Assistant
DATE: November 16, 2023
SUBJECT: APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS

RECOMMENDATION
Accept the appointments of Darryl Choates and Nathalie Smith, as recommended by the Mayor.

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

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

The Mayor has made the following appointments:

APPLICANT ADVISORY BODY
Darryl Choates Commission on Jobs, Opportunities & Businesses in Seaside Nathalie Smith Homeless Commission

FISCAL IMPACT
None.

Packet Page 78

Item No.

8.I.

Page 2 of 2 ends

ATTACHMENTS

1. Darryl Choates CJOBS

2. Nathalie Smith HC
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 79
Dominique Davis - Online Form Submittal: Application for Appointment to a City Board/Commission/Committee
From: <[email protected]>
To: <[email protected]>
Date: 10/4/2023 7:46 PM
Subject: Online Form Submittal: Application for Appointment to a City Board/Commission/Committee Application for Appointment to a City
Board/Commission/Committee
I'd like to serve on: Commission on Jobs, Opportunities & Businesses in Seaside Name Darryl
Email Address
Address
City Seaside
State Ca
Zip Code 93955
Phone Number
Alternate Phone Number Field not completed.

Please list your background,
education, experience, and
special skills:

Resident for 61 years , local Businessman in the city , former councilman
Are you willing to file
Statements of Economic
Interest (Form 700)?
Yes
Are you able to attend
meetings during business
hours? (Most Boards and
Commissions meet after 5
pm)
Yes
Comments: Field not completed.

Electronic Signature
Agreement
I agree.

Electronic Signature Darryl Choates

Page 1 of 2 ends

file:///E:/TEMP/XPgrpwise/651DC110COSIS_PO100134373612498E1/GW_00002.HTM 10/9/2023 Packet Page 80 Date 10/4/2023
Dear Applicant: As an employer with an Affirmative Action Program, we comply with Federal and State government record keeping, reports and other legal requirements. The completion of this data is voluntary and in no way affects your application to participate on any City Board, Commission or Committee. All data is kept in a separate confidential file by the Affirmative Action Office.

Name Darryl
Ethnic Origin Black
Email not displaying correctly? View it in your browser.

Page 2 of 2 ends

file:///E:/TEMP/XPgrpwise/651DC110COSIS_PO100134373612498E1/GW_00002.HTM 10/9/2023 Packet Page 81 Dominique Davis - Online Form Submittal: Application for Appointment to a City Board/Commission/Committee
From: <[email protected]>
To: <[email protected]>
Date: 10/5/2023 8:35 AM
Subject: Online Form Submittal: Application for Appointment to a City Board/Commission/Committee Application for Appointment to a City
Board/Commission/Committee
I'd like to serve on: Homeless Commission
Name Nathalie Smith
Email Address
Address
City Seaside
State CA
Zip Code 93955
Phone Number
Alternate Phone Number Field not completed.

Please list your background,
education, experience, and
special skills:

I'm a retired nurse practitioner, moved to Seaside 2020, I'm interested in serving on the homeless commission but first in learning a lot about homelessness in Seaside and Mont.

County - the wheres, whys and available services..

I have particular interest in welfare of homeless children and women because of their particular vulnerability and in
prevention of homelessness (all persons).

Thanks,,
Nathalie Smith
Are you willing to file
Statements of Economic
Interest (Form 700)?
Yes
Are you able to attend
meetings during business
hours? (Most Boards and
Yes

Page 1 of 2 ends

file:///E:/TEMP/XPgrpwise/651E756DCOSIS_PO10013437361249C31/GW_00002.HTM 10/9/2023 Packet Page 82 Commissions meet after 5
pm)
Comments: with some limitations (my work schedule)
Electronic Signature
Agreement
I agree.

Electronic Signature Nathalie Smith
Date 10/5/2023
Dear Applicant: As an employer with an Affirmative Action Program, we comply with Federal and State government record keeping, reports and other legal requirements. The completion of this data is voluntary and in no way affects your application to participate on any City Board, Commission or Committee. All data is kept in a separate confidential file by the Affirmative Action Office.

Name Nathalie Smith
Ethnic Origin White
Email not displaying correctly? View it in your browser.

Page 2 of 2 ends

file:///E:/TEMP/XPgrpwise/651E756DCOSIS_PO10013437361249C31/GW_00002.HTM 10/9/2023 Packet Page 83

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: November 16, 2023
SUBJECT: ZONING ORDINANCE AMENDMENT ZOA-23-02: ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING ORDINANCE) TO
ADD CHAPTER 17.13 IMPLEMENTING SENATE BILL 9
(DUPLEXES AND PARCEL MAPS FOR URBAN LOT SPLITS). THE

AMENDMENT IS NOT A PROJECT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO GOVERNMENT
CODE SECTIONS 65852.21(J) AND 66411.7(N) (SECOND

READING)

RECOMMENDATION
Consider the adoption of an ordinance amending Title 17 to add Chapter 17.13 to the Seaside Municipal Code to implement Senate Bill 9.

BACKGROUND
On September 16, 2021, Governor Newsom signed Senate Bill 9 (SB 9) into law, substantially altering low-density, single-family zoning throughout the state. The most significant component of this bill is that it requires ministerial approval of one-time, twolot subdivision and/or development projects for up to two (2) units per lot. The proposed subdivision or development project is required to meet certain qualifying location and development criteria. Although the new law supersedes varying City of Seaside regulations regarding subdivision and development standards, SB9 preserves some authority for local agencies to enact regulations through the adoption of new objective subdivision and zoning regulations. The law became effective on January 1, 2022.

On December 2, 2021, staff presented a summary of the new state regulations to the City Council. Following discussion of the issues surrounding the new law, the City Council directed staff to prepare an Urgency Ordinance which would allow the City of Packet Page 84

Item No.

9.A.

Page 2 of 2 ends

Seaside to establish regulations prior to January 1, 2022. On December 16, 2021, the Council adopted Urgency Ordinance 2011, which established interim standards to comply with the requirements of SB9 while the City evaluated a long-term regulatory program for SB9 projects. This Urgency Ordinance was effective for 45 days. On January 27, 2022, the Council approved Urgency Ordinance 2012, which extended the effective period of Urgency Ordinance 2011 by ten months and fifteen days through December 12, 2022. On December 1, 2022, the Council approved Ordinance 2020 to extend the Urgency Ordinance by one year to December 12, 2023.

Staff has reviewed the language in the previously adopted Urgency Ordinances and believes that the language contained therein is consistent with SB 9. Therefore, staff is recommending that the previously adopted Urgency Ordinance be made permanent.

This item was heard by the Planning Commission on October 11, 2023. The Planning Commission unanimously recommended to the City Council that it adopt the proposed Ordinance.

FISCAL IMPACT
No fiscal impact is associated with this item.

ATTACHMENTS

1. ZOA-23-02 DRAFT Ordinance 2023-11-15
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 85
ORDINANCE ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEASIDE AMENDING TITLE 17 OF THE CITY OF SEASIDE
MUNICIPAL CODE TO ADD CHAPTER 17.13 (SENATE BILL 9

DUPLEXES AND PARCEL MAPS FOR URBAN LOT SPLITS) TO

IMPLEMENT RECENT HOUSING BILLS
WHEREAS, on or about September 16, 2021, Governor Newsom signed into law Senate Bill 9 (“SB 9”), entitled the “California Home Act”, an act to amend Section 66452.6 of and to add Sections 65852.21 and 66411.7 to the Government Code relating to land use; and
WHEREAS, on December 16, 2021, the City Council adopted Urgency Ordinance 2011 to implement the new state legislation SB 9 pursuant to Government Code 65858; and
WHERAS, on January 27, 2022, the City Council adopted Urgency Ordinance 2012 to extend Urgency Ordinance 2011 by an additional 10 months and 15 days which extended Urgency Ordinance 2011 to and through December 12, 2022; and WHEREAS, on December 1, 2022, the City Council adopted Urgency Ordinance 2020 to extend Urgency Ordinance 2011 by an additional year through December 12, 2023; and
WHEREAS, the City now desires to permanently adopt the language included in its Urgency Ordinance 2011 to implement SB9; and
WHEREAS, this Ordinance is not a project under the California Environmental Quality Act pursuant to Government Code Sections 65852.21(j) and 66411.7(n).

NOW, THEREFORE, the City of Seaside City Council hereby amends the Zoning Ordinance by adding Chapter 17.13 as described in the attached Exhibit A.

ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, held on the 15th day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Packet Page 86
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 87

EXHIBIT A
Title 17. Zoning Ordinance Code
Chapter 17.13 Residential Zones
Objective Standards for Qualified
Senate Bill 9 Subdivisions and
Development Projects

17.13.010 Purpose and Intent.

The purpose of this Chapter is to establish objective standards and regulations to govern the development of qualified Senate Bill 9 subdivisions and development projects on single family residential zoned properties within the City of Seaside. The establishment of these regulations will result in the orderly subdivision and development of qualified Senate Bill No. 9 (2021) (“SB 9”) projects while ensuring that the new units are consistent with the character of the City and do not create any significant impacts with regards to public infrastructure or public safety. The regulations are established to implement the requirements under California Government Code Sections 65852.21 and 66411.7.

17.13.020 Definitions.

For purposes of this Chapter, the following definitions apply:
(a) “Accessory dwelling unit” or “ADU”, means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
(b) “Dwelling unit” includes an ADU, JADU, a primary dwelling unit, and a SB 9 dwelling unit.

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(c) “Junior accessory dwelling unit” or “JADU”, or “efficiency unit”, means a dwelling unit that is up to 500 square feet in size and contained entirely within an existing primary dwelling unit that provides an efficiency kitchen and a separate exterior entrance, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (d) “Conservation Easement” means restrictive covenants that run with the land and bind upon successive owners that protects against future development such as preservation of open space, scenic, riparian, historical, agricultural, forested, or similar conditions. Open space and riparian easements are included in this definition.
(e) “Existing dwelling unit” means a primary dwelling unit or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where more than 50% of the exterior wall framing has been removed or altered. Any existing dwelling unit where more than 50% of the exterior wall framing has been removed is considered a new dwelling for purposes of this Chapter.
(f) “Panhandle” means the narrow strip of land on a flag lot, typically less than 30 feet in width, that provides access to a public or private road. “Primary dwelling unit” means a single-family residence on the parcel and is the larger of the two if there is an existing accessory dwelling unit on the parcel. (g) “Private Road” means a road, way, or street in private ownership and under private maintenance, not offered for dedication as a public road, way, place, or street, which affords the principal means of access to three or more lots or parcels which do not have frontage on a public street.
(h) “SB 9 dwelling unit” or “SB 9 unit” means a dwelling unit that is developed using the provisions in this Chapter and the provisions identified in California Government Code Sections 65852.21 and 66411.7.
(i) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by Packet Page 89
reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.

17.13.030 Eligibility of properties for a subdivision.

The following parcels are not eligible for a subdivision under this Chapter:
(a) Any parcel that was established through a prior exercise of a subdivision as provided for in this Chapter.
(b) Any parcel that is not located within existing single family residential zoning (R-8 and R-12).
(c) Any parcel proposing to be subdivided by a person or any person acting in concert with that person who has previously subdivided an adjacent parcel using the provisions of this Chapter. For the purposes of this Chapter, “any person acting in concert” with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner. (d) Any parcel located within an historic district or included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site that is designated or listed as a City of Seaside or Monterey County landmark or historic property or district pursuant to a City of Seaside or Monterey County ordinance.
(e) Any parcel where the subdivision would require the demolition or alteration of any of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

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(3) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (4) Housing that has been occupied by a tenant in the last three years. (f) Any parcel located with a severe earthquake hazard zone as designated on the Geotechnical and Seismic Hazard Zones Map for the City of Seaside unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the City’s Building Department pursuant to Government Code section 8875 et seq. (g) Any parcel fully encumbered with a conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (h) Any parcel that is designated prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure. (i) Any parcel containing wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993), that would prevent the development of the parcel.
(j) Any parcel within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Packet Page 91
Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(k) Any parcel with a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use.
(l) Any parcel within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by the FEMA. However, a subdivision and/or development project may be located on a parcel described in this subsection if (1) the parcel is otherwise eligible for approval under the provisions of this Chapter and (2) the project applicant is able to satisfy all applicable federal qualifying criteria demonstrating either of the following are met:
(1) The site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the City.
(2) The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(m) Any parcel within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the subdivision and/or Packet Page 92
development project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. (n) Any parcel containing habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code) or Environmentally Sensitive Habitat Areas (ESHA) in the Coastal Zone.

17.13.040 Objective standards and requirements for a subdivision.

The following objective standards and regulations apply to all subdivisions under this Chapter:
(a) A Parcel Map and a Subdivision Application shall be submitted to the City for all proposed subdivisions, including but not limited to any ownership and rental questionnaires and affidavits.
(b) The subdivision shall create no more than two new parcels of approximately equal area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. In no instance shall any resulting parcel be smaller than 1,200 square feet in area. (c) Existing parcels shall be split approximately perpendicular to the longest contiguous property line. However, this requirement shall be waived if the subdivision applicant demonstrates that it would prohibit a subdivision that otherwise meets the requirements of subsection (b).
(d) The subdivision shall not result in a new parcel with an average width that is less than the average width of the original parcel. Any panhandle on a flag lot shall not be used to calculate the average width. However, this requirement shall be waived if the subdivision applicant demonstrates that it would prohibit a subdivision that otherwise meets the requirements of subsection (b).

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(e) The front parcel line of any newly created parcel shall be the parcel line that is closest to or parallel to the public or private road that serves the parcel. (f) The property owner for a lot served by a private road or common driveway shall, prior to issuance of a building permits, record an appropriate deed restriction guaranteeing the following to adjoining property owners who utilize the private road or common driveway for the primary access to their lot(s): a) a reciprocal ingress/egress easement; and b) participation in a reciprocal maintenance agreement. A 25-foot-wide panhandle (for a flag lot) or an ingress/egress easement and maintenance agreement shall be provided for all new parcels that do not have direct frontage on a public or private road.

Driveway access to the new parcels shall be shared unless the new driveways are a minimum of 100 feet apart.
(g) Easements for access and public and private utilities shall be provided for any newly created parcel that does not front on a public or private street. (h) A note shall be placed on the parcel map that each building shall have separate meters.. (i) All newly created parcels shall be connected to public sewer. (j) Any existing structure must meet the setback requirements in section

17.13.060 from a newly proposed property line unless by doing so would prohibit the creation of a parcel that otherwise meets the requirements of this Chapter.
(k) The subdivision is subject to all impact or development fees related to the creation of a new parcel and shall provide proof that all school fees, water or other impact fees have been paid.
(l) Upon receipt of a subdivision application using the provisions of this Chapter, the City shall notify all owners and occupants within a 500-foot radius from the subject parcel that a parcel map has been filed with the City of Seaside. (m) A note on the parcel map and a recorded deed restriction in a form approved by the City Attorney’s Office shall be applied to all newly created parcels indicating that the parcel was split using the provision of this Chapter, no further subdivision of the parcels is permitted and the parcels may only be Packet Page 94
used for residential use. In addition, the deed restriction shall stipulate that all new units developed on the new parcels shall be for residential use only and income restricted to low and very low-income households based on the most recent Monterey County Area Median Income (AMI) levels. A timeshare or short term rental of less than 30 days is not considered residential use. (n) The parcel map shall include a note stating the requirement for off-street parking of up to one space per unit, except if the parcel is located within ½ mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (o) Prior to the recordation of the parcel map, the applicant shall sign and record an affidavit stating that the applicant intends to reside in one of the proposed or existing primary dwelling units or SB 9 units for three years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the Revenue and Taxation Code.

17.13.045Map Extension. Any parcel map created pursuant to the provisions of this Chapter shall be subject to extension in compliance with the provisions of Government Code section 66452.6.

17.13.050 Objective standards and requirements for new dwelling units on a parcel that is not being subdivided.

The following objective standards and regulations apply to all new SB 9 development on a parcel that is not being subdivided:
(a) Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no accessory dwelling unit or a junior accessory dwelling unit shall be permitted on any lot in single-family residence district (R-8 or R-12) if a lot split has been approved pursuant to Section 17.13.040 and two residential units have been approved for construction pursuant to this chapter 17 (Government Code Section 65852.21).
(b) The maximum floor area ratio (FAR) permitted on the parcel shall be Packet Page 95
determined as defined in Section 17.12.050 of the Municipal Code unless application of that FAR prohibits a 800 square foot SB 9 unit, in which case, additional floor area shall be allowed.
(c) The maximum floor area of an SB 9 unit shall be 800 square feet. Basements and bunkers are not permitted.
(d) Setbacks: The minimum setback for any new SB 9 dwelling unit shall be 15 feet from the front parcel line and four (4) feet from the side and rear parcel lines.

Exception:

A new SB9 dwelling unit shall not be required to meet the setbacks above if it replaces a non-conforming existing structure.
(e) The maximum height of all new SB 9 dwelling units shall be no higher than the height of the primary dwelling, but shall not exceed 24 feet and shall not impede 100% of an ocean or mountain viewshed of any property owners within 500’ radius of the property. In the case where viewshed or height limitations preclude the minimum sized SB 9 unit, the unit shall be placed in the least impactful location.
(f) One uncovered parking space, located a minimum of 5-feet from the front parcel line abutting the street frontage and one (1) feet from the side and rear parcel lines, is required for each dwelling unit, except as provided in Chapter

17.34 of the Seaside Municipal Code. The parking space shall be at least 8 feet wide by 16 feet deep, except where such project is located within ¼ mile of a transit stop.
(g) A solid (no openings) one-hour rated fire wall is required between any SB 9 unit and the primary dwelling unit or an ADU.
(h) Driveway access to all new units shall be compliant with the City of Seaside Fire Department standard details and specifications for driveways and turnarounds.
(i) The owner shall sign and record an affidavit placing a covenant that will run with the parcel to confirm that the owner will reside in either the primary Packet Page 96
dwelling unit or an SB 9 unit on the parcel for three years from the issuance of an SB 9 dwelling unit’s Certificate of Occupancy and closing of all construction permits pertaining to the parcel.
(j) All newly created dwelling units shall be connected to public sewer. (k) All outdoor patios, covered patios, decks, and other hardscape shall meet the City’s minimum 5-foot front yard and 4-foot side and rear yard setbacks. (l) No dwelling unit shall be rented for a period of less than thirty (30) days and cannot be occupied as a short-term rental unit, as defined under section

17.52.251.
(m) An SB 9 dwelling unit may be rented separately from the primary dwelling unit. (n) Development projects pursuant to this section shall be subject to all impact or development fees related to the development of a new dwelling unit.

17.13.060 Objective standards and requirements for dwelling units on a parcel subdivided pursuant to this chapter article.

The following objective standards and regulations apply to all development on a parcel that has been subdivided or concurrently subdivided under the provisions of this chapter:
(a) The following development is permitted on the parcel:
(1) A primary dwelling unit and an SB 9 unit; or
(2) If there is an existing primary dwelling unit and ADU on the property, then no further development is permitted for that property. (b) The maximum floor area ratio (FAR) permitted on the parcel shall be determined as defined in Section 17.12.050 of the Municipal Code unless application of that FAR prohibits a 800 square foot SB 9 unit, in which case, additional floor area shall be allowed. Basements and bunkers are not permitted.
(c) Setbacks: The minimum setback for any new primary dwelling unit or SB 9 dwelling unit shall be 15 feet from the front parcel line and four (4) feet from the side and rear parcel lines.

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Exception:

A new SB9 dwelling unit shall not be required to meet the setbacks above if it replaces a non-conforming existing structure.
(d) The maximum height of all new SB 9 dwelling units shall be no higher than the height of the primary dwelling, but shall not exceed 24 feet and shall not impede 100% of an ocean or mountain viewshed of any property owners within 500’ radius of the property. In the case where viewshed or height limitations preclude the minimum sized SB 9 unit, the unit shall be placed in the least impactful location. ...
(e) One uncovered parking space, located a minimum of 5-feet from the front property line abutting the street frontage and One (1) feet from the side and rear property lines, is required for each new dwelling unit, except as provided in Chapter 17.34 of the Seaside Municipal Code. The parking space shall be at least 8 feet wide by 16 feet deep. All parking required for an existing primary dwelling on the parcel shall be retained.
(f) If the two SB 9 dwelling units are configured as a duplex on a parcel, a solid one-hour fire wall between the units is required. In addition, a deed restriction in a form approved by the City Attorney’s Office shall be recorded stipulating that the duplex shall be maintained as two separate units. (g) If the parcel is fully developed with the number of units permitted under section 17.13.060 above, then the applicant or property owner shall record a deed restriction in a form approved by the City Attorney’s Office stipulating that no further development of the parcel is permitted. (h) Driveway access to all new units shall be compliant with the City of SeasideFire Department standard details and specifications for driveways and turnarounds. (i) If the proposed dwelling units are developed subsequent to a subdivision completed pursuant to this Chapter, the owner shall sign and record an affidavit placing a covenant that will run with the parcel to confirm that the owner intends to reside in either the primary dwelling unit or an SB 9 unit on the parcel for three years from the issuance of an SB 9 dwelling unit’s Packet Page 98
Certificate of Occupancy and closing of all construction permits pertaining to the parcel.
(j) All newly created dwelling units shall be connected to public sewer. (k) All outdoor patios, covered patios, decks, and other hardscape shall meet the minimum 5-foot front yard and 4-foot side and rear yard setbacks. (l) No dwelling unit shall be rented for a period of less than thirty (30) days and cannot be occupied as a short-term rental unit, as defined under section

17.52.251.
(m) An SB 9 dwelling unit may be rented separately from the primary dwelling unit. (n) Any development constructed in accordance with this section shall be subject to all impact or development fees related to the development of a new dwelling unit.

17.13.070 Objective building and design requirements for all SB 9 dwelling units.

All SB 9 dwelling units shall be reviewed and approved without discretionary review or a hearing. As part of the ministerial approval, the following objective design requirements shall be confirmed:
(a) The design of the dwelling unit shall be as follows:
(1) For a detached unit, the exterior materials and design shall match the design of any existing primary dwelling unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch. (2) For an attached unit, the exterior materials, windows and other architectural features shall match the existing structure by employing the same building form, color tones, window design, door and window trims, roofing materials and roof pitch.
(b) Exterior building lighting shall be fully shielded and downward facing and limited to one exterior light fixture per exterior doorway, or the minimum necessary to comply with the California Building Standards Code. (c) All new dwelling units are required to have fire sprinklers.

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(d) All portions of the SB 9 dwelling unit, include eave overhangs and other projections, shall meet the required setbacks as set forth in this Chapter. (e) Roof decks are permitted on SB 9 dwelling units.
(f) Structures shall not be located in the following locations:
(1) In areas encumbered by a recorded easement, including but not limited to, public utility easements, conservation easements, access easements, pedestrian pathway easements and open space easements;
(2) In areas within the critical root zone of any tree with a diameter of four (4) feet or greater measured at four (4) feet above grade. Review and approval of an arborist report prepared by a licensed or consulting arborist is required if a structure is proposed within the critical root zone of a heritage oak tree.
(g) All electrical and utility services to a new dwelling unit shall be undergrounded. (h) Notwithstanding the foregoing subsections, any development or design standards that physically precludes an SB 9 dwelling unit from being 800 square feet in floor area shall be waived.

17.13.070 Compliance with California Coastal Act. All projects seeking to either develop units or subdivide shall comply with the California Coastal Act and shall seek a coastal development permit. No public hearing shall be held for any such coastal development permit in accordance with Government Code section 66411.7.

17.13.080 Ineligible for Condominium Conversions. Any dwelling unit approved pursuant to this Chapter shall be ineligible for conversion to a condominium, community apartment, or stock cooperative project. Any application for a tentative subdivision map or tentative parcel map for a residential condominium conversion of a unit created pursuant to this Chapter shall be denied.

17.13.090 Ministerial Reviews and Approvals. Any application submitted pursuant to the provisions of this Chapter for either a dwelling or urban lot split shall be reviewed and approved ministerially, if it meets the requirements of the Government Section 66411.7 and conforms to all the applicable requirements of this Chapter.

Notwithstanding such review, an application, may be denied if the building official makes Packet Page 100
a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

17.13.100 Consistency. All SB 9 dwelling units shall comply with, to the extent permissible, and not be in conflict with the specific provisions of this Chapter with the provisions of Chapter 17.12 related to residential development.

17.13.200 Permit review process.

All applications for lot splits and new development using this Chapter shall be ministerially approved without public hearings or discretionary review.

17.13.300 Effective Date. This Chapter shall remain in effect until such time as Government Code Section 65842.21 is repealed or superseded or its requirements for ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.

17.13.400 Fees.

The City Council may establish and set by resolution all fees and charges, consistent with Government Code sections 65852.2 and 65852.22, and related provisions, as may be necessary to effectuate the purpose of this Chapter.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Mary Gutierrez, Fire Chief
DATE: November 16, 2023
SUBJECT: AMEND SEASIDE MUNICIPAL CODE CHAPTER 8.32 FIREWORKS; ADDING SECTION 8.32.211 - CURFEW FOR USE OF SAFE AND SANE

FIREWORKS (FIRST READING, ROLL CALL VOTE)

RECOMMENDATION
Approve an ordinance amending the City of Seaside Municipal Code Chapter 8.32 fireworks; adding section 8.32.211 - Curfew for the use of Safe and Sane Fireworks.

BACKGROUND
At the October 5, 2023 Regular City Council meeting, the city council discussed and made decisions regarding changes to the use of Safe and Sane fireworks in the city.

The police and fire departments presented eleven (11) recommendations for discussion.

One of the recommendations included having a curfew for the use of safe and sane fireworks during the period when they are sold surrounding the 4th of July holiday period. The city council approved eight (8) of the eleven (11) recommendations. The recommendation to have a curfew necessitates an addition to the City of Seaside Municipal Code Chapter 8.32 fireworks. Section 8.32.211 will be added - Curfew for the use of Safe and Sane fireworks will be added.

Below is a review of the recommendations to be adopted in July 2024.

1. Include parking enforcement team on July 4. - Majority voted YES

2. Increase the number of drones deployed - Majority voted YES

3. Recommend Safe and Sane zones within the City - Majority voted NO

4. Pass out educational fliers to problematic areas earlier - Majority voted YES

5. Increase educational outreach - Majority voted YES

6. Recommend NO PARKING signs / curbs / on General Jim Moore - Majority voted YES

7. Host community meeting to obtain community feedback - Majority voted YES Packet Page 102

Item No.

9.B.

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8. Curfew for use of Safe and Sane fireworks - Majority voted YES

8.32.211 - Curfew for use of Safe and Sane Fireworks.

There will be a 10:00 p.m. curfew each evening for the use of Safe and Sane Fireworks.

The curfew will go into effect on the first day of the sale of safe and sane fireworks, beginning at 12:00 June 28, and ending at 10:00 p.m. on July 5 (the final day of sales).

Per Ordinance No. 1014 – Ordinance of the City Council of the City of Seaside. The use of Safe and Sane fireworks is permitted during that period, beginning at 12:00 p.m. on June 28 and ending at 10:00 p.m. July 5 of the same year.

9. Enhance enforcement of Sane and Sane fireworks use after the 10:00 curfew - Majority voted YES

10. Sale of Safe and Sane fireworks shall only be sold to city of Seaside residents. - Majority voted NO

11. Discontinue sale of Safe and Sane fireworks on city-owned property. - Majority voted NO

FISCAL IMPACT
No fiscal impact

ATTACHMENTS

1. Fire Works Ordinance chapter 8.32 with Addition November 16_2023 Council Meeting

2. Fireworks Ordinance_ First Reading November 16_2023
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Seaside Municipal Code
Chapter 8.32 FIREWORKS

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The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.

Chapter 8.32

FIREWORKS
Sections:

8.32.010 Purpose.

8.32.020 Definitions.

8.32.030 General prohibition against possession, use, or sale of fireworks.

8.32.040 Exception – Public displays and special events – Agricultural and wildlife fireworks – Model rockets.

8.32.050 Repealed.

8.32.060 Repealed.

8.32.070 Repealed.

8.32.080 Repealed.

8.32.090 Repealed.

8.32.100 Repealed.

8.32.110 Repealed.

8.32.120 Revocation of permit.

8.32.130 Seizure of fireworks.

8.32.140 Police and fire department illegal fireworks operation plan and after action report.

8.32.150 Repealed.

8.32.160 Repealed.

8.32.170 Repealed.

8.32.180 Manufacture of fireworks prohibited.

8.32.190 Administrative fines and penalties.

8.32.200 Concurrent authority.

8.32.210 Fees deemed debt to the city.

8.32.211 Curfew for use of Safe and Sane Fireworks.
* Prior legislation: Ords. 368, 369, 589, 760 and 884, and prior code §§ 8-100 – 8-109.

8.32.010 Purpose.

The purpose of this chapter is to regulate the possession, use, storage, sale and display or fireworks within the city of Seaside. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.020 Definitions.

When used in this chapter, the following words shall have the meanings ascribed to them in this section:
“Affiliated organizations,” for purposes of this chapter, shall be presumed to be the following:

1. Organizations incorporated under the same charter or organization and their auxiliaries if the auxiliary is incorporated under the same charter;

2. Organizations sharing the same officers and/or place of meetings and/or national parent organization;

3. Subdivisions and/or fractional divisions however named or delineated of organizations. “Citation” means an administrative citation issued pursuant to this section to remedy a violation. “Citee” means any person served with an administrative citation charging him or her as a responsible person for violation.
“City” means the city of Seaside.
“Code” means the city of Seaside Municipal Code.

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Seaside Municipal Code
Chapter 8.32 FIREWORKS

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The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. “Code enforcement officer” or “CEO” means any employee or agent of the city of Seaside designated by the city council to enforce any provision of this code.
“Dangerous fireworks” means fireworks as listed and defined in California Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19 of the California Code of Regulations, as the same may be amended from time to time.
“Eligible nonprofit organization” means a duly organized nonprofit, tax exempt charitable, religious, civic, patriotic, or community service association, organization, or corporation (collectively “the organization”) which has met all the following criteria continuously for a minimum period of one year immediately preceding the filing of an application for a permit to display for sale or to sell safe and sane fireworks.

1. The organization must be a duly organized nonprofit entity which has tax exempt status from the Internal Revenue Service or the Franchise Tax Board, or which is an organization affiliated with and operating solely in support of an elementary school, junior high school, high school, university or community college that is located within the city of Seaside and that serves, in whole or in part, residents of the city of Seaside.

2. The organization must have its principal place of business and principal meeting place within the city of Seaside and must hold its regularly scheduled meetings within the city of Seaside.

3. The organization must be one which provides direct and regular community services and benefits to the residents of the city of Seaside.

4. The organization must not have had a permit to sell revoked within twenty-four months prior to the organization’s submittal of an application for a permit to sell. “Exempt fireworks” means any special item containing pyrotechnic compositions which the state Fire Marshal, with the advice of the state fire advisory board, has investigated and determined to be limited to industrial, commercial, and agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
“Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. These items include, but are not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. These terms include both “dangerous fireworks” and “safe and sane fireworks.” “Fireworks sales permit” or “permit” means a permit issued pursuant to this chapter authorizing the display for sale and the sale of state-approved fireworks.
“Fireworks stand” means any building, counter, or other structure of a temporary nature used in the sale, the offering for sale, or display for sale of “safe and sane fireworks.” “Fireworks wholesaler” and “fireworks distributor” means a person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale. It also includes any person who sells dangerous fireworks to public display permittees. “Hearing officer” means the person appointed by the city manager to serve as the hearing officer for administrative hearings hereunder.
“Issuance” or “issued” means:

1. The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Article III (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedures; or
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Seaside Municipal Code
Chapter 8.32 FIREWORKS

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The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.

2. Mailing of administrative fine citation to the citee by certified mail with return receipt, to the address shown on the official records of the county assessor; or

3. By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service. Substituted service may be accomplished as follows:
a. By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by first class mail, postage prepaid, a copy to the recipient at the address where the copy was left; or
b. In the event the responsible party cannot be served by first class mail, postage prepaid, or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency or may be effected by posting the property with the administrative fine citation and mailing a copy by first class mail, postage prepaid, to the responsible party in violation at the address of the property where the violation exists. “Permittee” means an eligible nonprofit organization to which a permit has been issued pursuant to this chapter. “Person” means any person, partnership, organization, firm, corporation, association or any combination thereof, or any city, county, city and county, and state, and shall include any of their employees and authorized representatives. “Principal place of business” and “principal meeting place” includes, but is not limited to, a permanent structure, playing field, geographic area, or service population which resides in or is located within the city of Seaside. “Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks, including but not limited to those defined in this chapter. “Responsible person” means a person who causes a violation of this chapter to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this chapter, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this chapter may be issued a citation in accordance with the provisions of this chapter. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of eighteen years, who knows or responsibly should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this chapter, in addition to any citation that may be issued to the offending minor. “Violation” or “violates” means any violation of any provision of this chapter. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.030 General prohibition against possession, use, or sale of fireworks.

Except as otherwise provided in this chapter, no person shall possess, sell, use, display, explode, or discharge any fireworks within the city of Seaside. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.040 Exception – Public displays and special events – Agricultural and wildlife fireworks – Model rockets.

A. The display of fireworks shall be permitted as a part of an entertainment feature which is either a city-sponsored or co-sponsored event or for which a special event permit has been issued pursuant to SMC 17.62.040(E)(3) and to which the general public is admitted.

B. It shall be unlawful for any person to possess, sell, furnish, or give away, or offer or expose for sale, or fire, discharge, or explode, any agricultural and wildlife fireworks within the city of Seaside without first obtaining a permit to do so from the fire chief. The permit shall not be transferable and shall particularly describe the place where agricultural and wildlife fireworks are to be stored, sold, or discharged. Such permit shall be for such length of time as the fire chief shall determine, but in any event, not to exceed twelve months.

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The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.

C. The sale, purchase, storage, firing or discharge of model rockets may be allowed by written permit from the fire chief or his/her designee which shall include, but not be limited to, the conditions contained in Title 19 of the California State Administrative Code and any other conditions the fire chief may deem reasonably necessary for the safety and welfare of the public and the community. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.050 Exception – Safe and sane fireworks.

Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)

8.32.060 Permit to sell safe and sane fireworks – Application – Qualified applicants.

Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)

8.32.070 Limitation on permits to sell safe and sane fireworks – Selection of eligible nonprofit organizations.

Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)

8.32.080 Operator safety seminar.

Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)

8.32.090 Operation of fireworks stand.

Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)

8.32.100 Fireworks stands.

Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)

8.32.110 General requirements for permittees.

Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)

8.32.120 Revocation of permit.

A. The city fire chief or his/her designee or the city fire marshal or his/her designee may revoke, immediately and without notice or hearing, the permit of any permittee who violates any provision of this chapter. In the event of any such revocation the permittee must immediately cease operations and shall no longer display for sale or sell any fireworks. Any permittee whose permit has been revoked shall be prohibited from applying for or from receiving a permit under this chapter for a period of two years from the date of revocation.

B. Any revocation made pursuant to this section may be appealed by the permittee to the city manager on the next business day following such revocation. The city’s fire chief and/or fire marshal or his/her designee shall provide the city manager with written notice of the revocation, including the name of the permittee and a brief statement on the grounds for revocation. The city manager shall consider the appeal at his/her earliest convenience and may, in his/her sole discretion, meet with the permittee to review the revocation and may, in his/her discretion, support or overturn the revocation. The city manager’s decision shall be final and dispositive of the matter. In the event the city manager overturns the revocation the permittee may immediately resume operations pursuant to the originally issued permit and shall remain eligible for participation in the next year’s application selection process. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.130 Seizure of fireworks.

The fire chief or the fire marshal may seize, take, remove, or cause to be removed, at the expense of the permittee or owner thereof, all stocks of fireworks displayed or available for sale, stored, or held in violation of this chapter. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.140 Police and fire department illegal fireworks operation plan and after action report.

A. On or before the first regular city council meeting in May of every year, both the city’s police and fire departments must present to the city council an operation plan for the thirty-day period surrounding the 4th of July (June 17th through July 16th) for that year. Said operation plan should include, but not be limited to, the following information:

1. Identification of areas within the city where illegal fireworks were a problem in the previous year;

2. A general explanation of the supplemental fire and law enforcement personnel deployed within the city; Packet Page 107
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The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.

3. A report on the additional apparatus and personnel who’ll be on duty for the period of June 17th through July 16th of that year;

4. Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcement patrols there should be for that year and all other relevant information and statistics deemed necessary by the city council;

5. A detailed discussion of the costs that will be incurred by the city that year to be delivered in the operation plan; what, if any, of these costs will be covered by existing fees levied on the permittees, and unexpended surcharge revenue from prior years;

6. A proposed recommendation for a surcharge resolution establishing the surcharge amount to be levied that year on each retail sale of safe and sane fireworks in an amount not to exceed seven percent.

B. On or about September 1st of that same year, both police and fire departments must report back to the city council with an after action report. That report should include, but is not limited to:

1. An evaluation of the effectiveness of that department’s operation plan for that year including a listing of any significant fireworks-related incidents, both “dangerous fireworks” and “safe and sane fireworks”;

2. Relevant incident statistics for the period of June 17th through July 16th, and identification of fireworks related incidents;

3. A report on how many calls there were regarding suspected “dangerous fireworks,” how many of those calls either of the departments responded to, how many of those calls resulted in seizures and/or administrative fine citations. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.150 Fireworks surcharge.

Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)

8.32.160 Wholesale storage of safe and sane fireworks.

Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)

8.32.170 Fireworks wholesaler public education plan.

Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)

8.32.180 Manufacture of fireworks prohibited.

No person, firm, or corporation shall manufacture fireworks of any type within the city of Seaside. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.190 Administrative fines and penalties.

A. Repealed by Ord. 1095.

B. Any person or entity who possesses, uses, stores, sells, and/or displays safe and sane fireworks on or at dates, times, and/or locations other than those permitted under this chapter are subject to an administrative fine, together with all costs of enforcement, of an amount not to exceed one thousand dollars for each such offense. Administrative fines shall be subject to the procedures established in Chapter 2.56 SMC.

C. The remedies set forth in this chapter are in addition to all other legal and equitable remedies, administrative, criminal or civil, that may be pursued by the city to address violations of this chapter.

D. The imposition of administrative fines under this section related to the use, possession, sale, or display for sale of dangerous fireworks shall be limited to persons who possess, sell, use, and/or display, or the seizure of, less than twenty-five pounds of dangerous fireworks measured by gross weight. Any person or entity who possesses, uses, stores, sells, and/or displays less than twenty-five pounds of dangerous fireworks is subject to an administrative fine, together with all costs of enforcement, of not less than one thousand dollars for each such offense.

E. Administrative fines collected pursuant to this section and related to dangerous fireworks shall not be subject to the restrictions of California Health and Safety Code Sections 12500 through 12759; however, the city shall provide Packet Page 108
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The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. cost reimbursement to the state Fire Marshal pursuant to regulations adopted by the state Fire Marshal addressing the state Fire Marshal’s cost for the transportation and disposal of dangerous fireworks seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted, the city shall hold in trust two hundred fifty dollars, or twenty-five percent of administrative fines collected, to cover the cost reimbursement to the state Fire Marshal for the cost of transportation and disposal of the dangerous fireworks.

F. Because of the serious threat of fire or injury posed by the use of “dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.200 Concurrent authority.

This chapter is not the exclusive regulation of fireworks within the city. It shall supplement and be in addition to other state, local, or federal laws, regulations, or ordinances and any other legal entity or agency having jurisdiction. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.210 Fees deemed debt to the city.

The amount of any fine, fee, cost or charge imposed by this chapter shall be deemed a debt to the city that is recoverable in any court of competent jurisdiction. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)

8.32.211 Curfew for use of Safe and Sane Fireworks.

There will be a 10:00 p.m. curfew each evening for the use of Safe and Sane Fireworks beginning the first day of sane and sane fireworks sales at 12:00 June 28 and ending 10:00 p.m. on July 5 (the final day of sales).

Per Ordinance No. 1014 – Ordinance of the City Council of the City of Seaside. The use of Safe and Sane fireworks is permitted during that period beginning at 12:00 p.m. on June 28 and ending at 10:00 p.m. July 5 of the same year.

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ORDINANCE NO. XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING SEASIDE MUNICIPAL CODE SECTION 8.32
FIREWORKS TO ADD A NEW SECTION 8.32.211 DAILY CURFEW FOR

USE OF SAFE AND SANE FIREWORKS (FIRST READING - ROLL CALL VOTE) WHEREAS, the City of Seaside has regulated fireworks since 1970; and WHEREAS, in 2014 the City added Chapter 8.32 to the Seaside Municipal Code to prohibit all fireworks, but provided a narrow exception to allow the sale, use and possession of safe and sane fireworks during the period of June 28 through noon on July 5; and
WHEREAS, in 2019 and 2020, the City adopted Urgency Ordinances establishing a daily curfew for the use of safe and sane fireworks at 10:00 p.m.; and WHEREAS, there continue to be multiple complaints of noise and abuses related to the use of fireworks; and
WHEREAS, during the 2023 fireworks season, Seaside Police Department reported that use of safe and sane fireworks inhibited and obscured their ability to enforce against illegal fireworks users; and
WHEREAS, on or about October 5, 2023, the Seaside Police Department and Fire Department made a series of recommendations to assist in the enforcement against illegal fireworks, including that a daily curfew be imposed on the use of safe and sane fireworks and the City Council directed staff to pursue certain of those recommendations; and
WHEREAS, it is appropriate to amend Seaside Municipal Code (SMC) Chapter 8.32 to create a daily curfew for the use of safe and sane fireworks; and WHEREAS, amendments to SMC Chapter 8.32 adding a new provision for a curfew on the use of safe and sane fireworks. This item is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

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NOW THEREFORE, 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 add a new Section to Chapter 8.32 Fireworks, establishing a curfew for the use of safe and sane during the time period June 28 through July 5.

SECTION 2. PROPOSED TEXT AMENDMENT
The Seaside Municipal Code Section 8.32 shall add a new section and reference to the same as follows:

8.32.211 Daily Curfew for use of Safe and Sane Fireworks.

There will be a 10:00 p.m. curfew each evening for the use of Safe and Sane Fireworks beginning the first day of sane and sane fireworks sales at 12:00 p.m.

June 28 and ending 10:00 p.m. on July 5 (the final day of sales).

SECTION 3. SEVERABILITY
A. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provision of this Ordinance are severable.

B. The City Council hereby declares that it would have passed each section subsection, subdivision, paragraph, sentence, clause or phase thereof irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences clause or phrases be held unconstitutional, invalid or unenforceable.

SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after its final passage and adoption.

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 November, 2023.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the __ day of _____, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
__________________________
Ian M. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:

Sheri L. Damon, City Attorney
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: November 16, 2023
SUBJECT: HOT SPOT PAVEMENT REPAIR PROJECT UPDATE

RECOMMENDATION
Receive an update on the Hot Spot Pavement Repair Project

BACKGROUND
On March 2, 2023, the City Council approved the Streets Pavement Rehabilitation Funding Policy (Policy) through proposed modifications to the FY 2022-23 Annual Operating Budget detailed in the Mid-Year Financial Report (Resolution 23-52). The Policy was created to provide additional funding sources for street maintenance and rehabilitation. The Policy provides that at the time of the mid-year budget review, twenty five percent (25%) of any projected year-end operating budget surplus will be committed to the pavement rehabilitation project for the following year. The FY 2022- 23 projected year-end operating surplus was $2.5 million, yielding approximately $614,000 which was committed to this fiscal year's pavement rehabilitation project. The additional funding allowed Public Works to pursue proceeding with a pavement repair project.

The City Council awarded a professional services agreement with Pavement Engineering Inc. (PEI) to design and prepare construction bid documents for the 2023 Hot Spot Pavement Repair Project (Project). The design included field investigation and evaluation of pothole locations based upon observations of the Public Works crew, frequently requested locations, and See-Click-Fix reported pothole locations. The evaluation presented a mixture of permanent repair as well as temporary repair options.

The temporary repairs are meant to act as a barrier such that the roadway does not further deteriorate and to act as a stop gap measure until funding is obtained for more appropriate treatment. The Project bid documents include 4-inch deep 'dig out' pavement repairs totaling 20,723 square feet within 14 area zones and 1-1/2 inch thin Packet Page 113

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maintenance overlays (TMOs) on four street segments. The latter is intended as a stopgap measure. PEI completed the design and the project was advertised for bids for construction and the project was advertised for bids for construction on June 29, 2023.

On August 3, 2023, the Council awarded a construction contract to Don Chapin Company for an amount not to exceed $513,690.00. They started construction on September 18, 2023. To date, Don Chapin has completed construction of all ‘dig out’ repairs and TMOs that were included as part of the project. The only work remaining is the striping.

In addition, City PW Maintenance staff have repaired numerous potholes throughout the year with in-house equipment. They were not able to crack seal streets that have alligator cracking because of staffing issues, but they have scheduled this for the springtime, when the temperatures are more appropriate to perform the work.

FISCAL IMPACT
The contractor performed extra work of a 1” leveling course on Roberts Avenue and a fog seal on TMO street sections. The extra work is within the approved contingency of $45,561.00.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Derrick Elder, Family & Community Support Practitioner Dan Meewis, Recreation Director
DATE: November 16, 2023
SUBJECT: FAMILY AND COMMUNITY SUPPORT PROGRAM INCLEMENT

WEATHER UPDATE

RECOMMENDATION
Receive an update from the Family and Community Support Program.

BACKGROUND
The Family and Community Support Program (FCSP) recognizes that the community experiences increased needs for resources and services during the winter months and inclement weather season. Such needs include access to food, warm clothing, shelter/housing, and linkages to social services. During the 2022 winter, FCSP collaborated with the Monterey County Department of Social Services to acquire hotel vouchers for unhoused individuals and families when shelter access was unavailable.

Last year, FCSP received 49 requests for hotel vouchers. The FCSP team distributed 17 hotel vouchers to individuals and families, guided the remaining 32 households to shelter (Casa Noche Buena, Salvation Army, Safe Place, I-Help, Natividad, Hamilton, and China Town Navigation Center). In addition, the FCSP team engaged in weekly homeless outreach efforts in the community where they provided hot meals, care kits containing hygiene items, warm clothes, as well as providing case management to link to other City and County social services.

FCSP will partner again this winter with the Monterey County Department of Social Services to acquire hotel vouchers. FCSP plans to collaborate with the County proactively to obtain the vouchers before the inclement weather starts, allowing FCSP to better and more-quickly assist community members in need. FCSP will also continue its collaboration with the Coalition of Homeless Services Providers to identify shelters, Packet Page 115

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warming centers, and housing programs for linkage. For those in need of food, the team will work with the Food Bank of Monterey County, Meals on Wheels, and FaithBased organizations to provide food boxes and/or identify the locations of food distribution sites that can be shared with the community. Staff will also begin its monthly homeless outreach program providing food and hygiene kits to those in need, and may increase the frequency depending on the needs of the community and the severity of the inclement weather this season.

Outreach to low-income and unhoused individuals and families will be conducted through mobile crisis response, communications with community partners, receipt of referrals, office drop-in's, and proactive direct contact while traveling throughout the community.

FISCAL IMPACT
There is no fiscal impact to the City for the hotel vouchers that are received from the county. FCSP has sufficient funds in their operating budget for the distribution of supplies associated with the homeless outreach program. The estimated cost of this is $2,000-$3,000.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Manny Gonzalez, Assistant City Manager
DATE: November 16, 2023
SUBJECT: CONSIDERATION OF THE CITY OF SEASIDE 2024 LEGISLATIVE

PLATFORM

RECOMMENDATION
Receive, file and give direction on the City of Seaside 2024 Legislative Platform to City Staff.

BACKGROUND
On September 21, 2023, the City Council approved a professional services agreement (PSA) with JEA & Associates to provide Lobbyist and Advocacy Services to the City of Seaside. The City Manager, Public Works Director, Economic Development Director and the Project Manager met with the JEA & Associates team on Tuesday, November 7, 2023 to discuss items to be included in the 2024 Legislative Platform for the City of Seaside.

Attached is the Legislative Platform developed and presented for consideration and direction from the City Council.

FISCAL IMPACT
There is no fiscal impact because services provided are within the professional services agreement amount approved on September 21, 2023.

ATTACHMENTS

1. City of Seaside 2024 Legislative Platform
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Item No.

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Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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LEGISLATIVE
2024

CITY OF SEASIDE

P L A T F O R M
Prepared by

JEA & ASSOCIATES
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CITY COUNCIL VISION
Seaside is a vibrant, proudly diverse, energetic and safe community, with extraordinary natural beauty, quality of life and economic opportunities.

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CITY OF SEASIDE LEGISLATIVE PLATFORM EXECUTIVE SUMMARY
The City of Seaside City Council recognizes the need to identify and advocate for its legislative and funding priorities in Sacramento and Washington, D.C. To be effective in this mission, the City Council is pleased to present its Legislative Platform.

The City of Seaside’s Legislative Platform is a summary of the priorities of the City Council and Executive Staff and establishes the basis for its advocacy efforts with the Executive and Legislative branches of the U.S. Government and the State of California regarding legislation and regulation. It also provides general direction to the City Council and Executive Staff and City departments, legislative advocates, state and federal delegation members and the public on positions of support or opposition to key policy initiatives that impact the way the City of Seaside does business. The City Council may review and modify this document annually as necessary.

CITY OF SEASIDE LEGISLATIVE PLATFORM
ABOUT
The City of Seaside is an ocean-side community that overlooks the beautiful Monterey Bay on the Central Coast of California, approximately 115 miles south of San Francisco.

Founded in 1887 and incorporated in 1954, this 10 square-mile city continues to grow while holding on to the rich values upon which it was established. Young families and retirees are drawn to the community, providing a healthy residential mix of people and solid sense of community.

VISION: Seaside is a vibrant, proudly diverse, energetic and safe community, with extraordinary natural beauty, quality of life and economic opportunities.

PURPOSE
The purpose of the City of Seaside Legislative Platform is to unify the city's voice and to proactively frame sponsorship, support, and advocacy regarding critical legislative and regulatory priorities.

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STATE LEGISLATIVE PLATFORM
Local Water Issues
● Advocate for policy and increased state funding for water infrastructure improvements and maintenance.
● Advocate for policy and increased state funding for expanding the local water supply and distribution systems to meet future development needs. ● Support legislation that promotes water conservation and sustainable water management practices.
● Collaborate with state agencies to address water quality, ensuring that Seaside residents have access to safe and clean drinking water.

Economic Development
● Advocate for resources and policies that facilitate economic expansion and growth and increase the opportunity for discretionary revenues and programmatic and financial flexibility.
● Support state policies and funding for the expansion of workforce training, focusing on vital trades, to support the future growth and economic development of the City.

Tourism
● Promote policies that enhance and diversify Seaside's tourism industry while protecting the environment.
● Support funding for marketing initiatives to attract tourists to Seaside, boosting the local economy.
● Work with the state to ensure tourism-related regulations align with the unique needs of the City.

Housing and Homelessness
● Support state policies to streamline and reduce barriers for the development of ADU's, Multi-Family, and Workforce housing
● Support state funding opportunities to develop affordable housing and expand housing and homeless assistance programs.
● Expand funding and enhance funding opportunities for homelessness prevention programs, rapid housing assistance, and affordable housing development and assistance programs.

Land Development Issues
● Advocate for grants and resources to support sustainable land development, affordable housing, and brownfield redevelopment projects in Seaside. ● Support programs that address housing affordability issues and provide incentives for environmentally responsible land development.
● Work with state agencies to streamline permitting and regulatory processes for development projects, encouraging responsible growth.

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● Support state funding for implementing broadband infrastructure, particularly the lastmile infrastructure.

Community Safety and Quality of Life
● Seek state support for public safety through funding for law enforcement and firefighting services.
● Support legislation and regulations that maximize the ability to effectively mitigate, prepare for, respond to, and recover from natural and man-made disasters and public health emergencies, protecting both physical and fiscal health. ● Seek funding for the expansion and development of the City’s 25 local parks.

Streets and Roads
● Support state policies and funding to expand bicycle and pedestrian infrastructure, as well as expand access and improvements to the City's 25 parks for its residents. ● Support state policies and funding for streets and roads maintenance, rehabilitation, and improvements to address congestion and enhance traffic circulation and safety
Fort Ord Reuse Property
● Work closely with state authorities to expedite the redevelopment of the Fort Ord property, fostering economic growth and job creation.
● Seek state assistance in ensuring that the Fort Ord area redevelopment is conducted to benefit the local community and preserve historical and environmental assets. ● Support state advocacy efforts and funding to build a Visitors Center and expand access to the Fort Ord National Monument.

Federal Legislative Platform
Local Water Issues
● Advocate for federal funding and support for water infrastructure improvements, including water treatment facilities, stormwater management, and groundwater replenishment projects.
● Pursue federal grants for climate-resilient infrastructure to address potential water scarcity challenges due to climate change.
● Advocate for increased federal funding for expanding the local water supply and distribution systems to meet future development needs.
● Collaborate with federal agencies to address regional water quality concerns and support sustainable water supply practices.

Economic Development
● Seek or support legislation and regulations determined to benefit the City of Seaside project and economic development initiatives.
● Seek federal funding and financing for capital improvements. ● Support federal policies and funding for the expansion of workforce training, focusing on vital trades, to support the future growth and economic development of the City.

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Tourism
● Seek federal grants and assistance to promote Seaside as a tourist destination through marketing campaigns, cultural events, and infrastructure improvements. ● Advocate for policies that enhance visitor experiences, such as national park initiatives, and funding for local museums and cultural attractions. ● Engage with federal agencies to ensure that tourism regulations align with Seaside's unique needs.

Land Development Issues
● Advocate for federal grants and resources to support sustainable land development, affordable housing, and brownfield redevelopment projects in Seaside.
● Support federal programs that address housing affordability issues and provide incentives for environmentally responsible land development. ● Work with federal agencies to streamline permitting and regulatory processes for development projects, encouraging responsible growth.
● Support federal funding for implementing broadband infrastructure, particularly the last-mile infrastructure.

Fort Ord Reuse Property
● Collaborate with federal authorities to expedite the redevelopment of the Fort Ord property, creating job opportunities and economic growth in Seaside. ● Advocate for federal grants and resources to support infrastructure improvements and historical preservation within the Fort Ord area. ● Ensure that federal policies align with the interests of the local community and prioritize the long-term sustainability of the Fort Ord redevelopment. ● Support federal advocacy efforts and funding to build a Visitors Center and expand access to the Fort Ord National Monument.

This legislative platform should serve as a foundation for Seaside's engagement with state and federal legislators, guiding the city's efforts to address crucial issues related to water, tourism, land development, and the Fort Ord reuse property. Adaptations and specific policies may be required as new issues emerge and legislative priorities evolve.

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Seaside City CouncilNovember 16, 2023

Seaside City Council
November 16, 2023