completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the cooperation and support you and Alexia Rapoport, Housing Program Manager provided during the housing element update and review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Clare Blackwell, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
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APPENDIX
CITY OF SEASIDE
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks and includes the Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Displacement: While the element identifies populations vulnerable to displacement within the City, it should utilize additional data sources for the analysis that reflect more recent trends of displacement vulnerability. Please see HCD’s Affirmatively Furthering Fair Housing (AFFH) Data Viewer for an additional data source. In addition, the element should analyze displacement risk relative to disproportionate housing needs (e.g., overcrowded and cost-burdened households), and consider other factors that may contribute to increased displacement concerns. Based on the results of a complete analysis, the element should add or revise programs to address any identified need for displacement protection.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the Regional Housing Need Allocation (RHNA): The City’s RHNA may be reduced by the number of new units built, approved, or pending (pipeline) since June 30, 2023; however, the element must demonstrate their availability or likelihood of completion in the planning period. While the element provided some information on the timing of the Campus Town Specific Plan, it did not include any information on the Enclave at Cypress Grove and Parker Flats projects. Availability should address the status, anticipated completion, any barriers to development and other relevant factors such as build-out horizons, phasing, and dropout rates to demonstrate the availability or likelihood of development in the planning period. Lastly, given the element’s reliance on pipeline projects, the element must include programs with actions that commit to Packet Page 505
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facilitating development and monitoring approvals of the projects (e.g., coordination with applicants to approve remaining entitlements, supporting funding applications, expediating approvals, rezoning or identification of additional sites should the applications not be approved).
Suitability of Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. While the element lists several factors such as age of structure and low improvement to land value ratios, to address this requirement, the element should expand the site-by-site discussion to include additional factors demonstrating the potential for redevelopment. The element can summarize past experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the City and relate those trends to the sites identified. The element could also consider indicators such as expressed developer interest in residential development, degree of underutilization, and other factors.
Zoning for Lower-Income Households: The element appears to be utilizing state legislation (SB 4) as a proxy for available local zoning to accommodate the Regional Housing Needs Allocation (RHNA). However, this does not satisfy the requirement that the City demonstrate adopted densities to accommodate the need for lower-income households (Government Code section 65583.2, subdivision (c)(3)). Further, zoning available under state legislation is conditional and must meet various eligibility requirements. At the least, if zoning was not available prior to the start of the planning period (December 15, 2023) and SB 4 was not in effect prior to the planning period, then the City should make zoning available, including appropriate development standards, to accommodate the RHNA. Particularly, any zoning that was not made available prior to the start of the planning period to accommodate the lower-income RHNA must address all by-right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). As a result, the element must list sites by local zoning and general plan designations and if necessary, add or modify programs to accommodate a shortfall of adequate sites, including addressing by-right requirements.
Infrastructure: The element describes infrastructure limitations in the City. However, it must also demonstrate sufficient total dry utility capacity (existing and planned) to accommodate the City’s regional housing need for the planning period. (Gov. Code, § 65583.2, subd. (b).) In addition, the element must clarify whether there is sufficient water set-aside to accommodate the projected number of Accessory Dwelling Units (ADUs).
For additional information, see the Building Blocks at https://www.hcd.ca.gov/planningand-community-development/housing-elements/building-blocks/analysis-sites-andzoning.
In addition, while the element includes Program 21 (Adequate Water Supply for the Development of New Housing) to maintain and augment the existing water supply, the program should be revised to include discrete timelines for implementation throughout the planning period.
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Finally, HCD received comments regarding the transfer of water outside of the MCWD service district. The element should clarify any impact on identified sites and pipeline projects, including the Campus Town project, and add a program, if necessary, that will commit to frequent monitoring (every other year) and appropriate alternative actions.
Zoning for a Variety of Housing Types:
• Emergency Shelters: While the element provides general information on emergency shelters, it must also describe how it complies with the requirements of Assembly Bill 2339 (2022). Among other changes, this amendment to Government Code section 65583, subdivision (a)(4) expands the definition of “emergency shelters”, specifies the type of zoning designations that must be identified to allow emergency shelters as a permitted use without a conditional use or discretionary permit, and demonstrate the appropriateness of sites to accommodate emergency shelters.
• Accessory Dwelling Units (ADU): The element notes that the City’s ADU ordinance was updated in March 2023, came effective in April 2023, and was submitted to HCD for review. Given the ordinance has not been reviewed to date, the element should include a program to amend the ordinance, if necessary, to comply with ADU law within a specified time period upon HCD’s review.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including… …local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).) Local Processing and Permit Procedures: The element lists several findings required to obtain a use permit that include potential subjectivity, including findings of approval relating to public interest and convenience. However, the element should analyze these standards for impacts on project timing, cost, supply, and approval certainty and include programs to address identified constraints.
In addition, the element states (App. 66) that the City does not have specific multifamily design guidelines and generally applies the single-family design guidelines to multifamily development. The element should clarify how design guidelines are applied to multifamily development and discuss any impacts on project timing, cost, supply, and approval certainty.
Constraints on Housing for Persons with Disabilities: The element briefly describes its reasonable accommodation procedures including approval findings related to compatibility with existing and planned land uses. However, this finding is generally similar to a conditional use permit finding and beyond the scope of a reasonable accommodation procedure. The element should identify this approval as a constraint and add or modify program(s) to amend the reasonable accommodation procedure to remove the constraint.
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4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need... (Gov. Code, § 65583, subd. (a)(6).) Developed Densities and Permit Times: While the element includes a brief discussion of approval times and requests for lesser densities (App. 35-36), it generally does not address this requirement. The element must include an analysis of requests to develop housing at densities below those identified in the inventory, and the length of time between receiving approval for a housing development and submittal of an application for building permits. The element must address any hindrance to the development of housing and include programs as appropriate.
B. Housing Programs
1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A1 the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
2. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).)
While the element includes Program 11 to assist in the development of housing for extremely low-income (ELI) and special needs households, the program must be revised to include additional actions and commitments. The program(s) could commit the City to granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to ELI and special needs households, assisting, supporting, or pursuing funding applications, and outreach and coordination with affordable housing developers.
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For additional information, see the Building Blocks at https://www.hcd.ca.gov/planningand-community-development/housing-elements/building-blocks/assist-developmenthousing.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings A2 and A3 the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised as follows:
• Program 18 (Parking Standards) should be revised with a discrete timeline to review parking requirements and should identify specific considerations for amendments to parking standards.
• Program 22 (Planning and Development Fees) should be revised with a discrete timeline to review planning and development fees and should identify specific fees to be evaluated.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding A1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the City may need to revise or add programs.
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CITY OF SEASIDE
STAFF REPORT
Item No.: 11.A.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: December 7, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDED FINAL
SUBDIVISION MAP FOR PHASE 3 OF THE ENCLAVE, AND
GRANT DEEDS TO SHEA HOMES, L.P.
RECOMMENDATION
Adopt a resolution approving the Enclave Phase 3 Amended Final Subdivision Map, and grant deeds to Shea Homes, L.P.
BACKGROUND
On January 30, 2023, the Seaside City Council approved a Final Map for Shea Homes L.P. to subdivide the Enclave Phase 3 into 30 residential lots. This Final Map was recorded with the County of Monterey.
The Phase 3 Final Map subdivision contains 30 residential lots situated in the northwestern portion of the Bayonet golf courses in substantially the same location as contemplated in the Vesting Tentative Map (VTM). Lots 96-125 are identified as “Phase 3” and owned by Shea Homes Limited Partnership. The Phase 3 lots are surrounded by several holes on the back-9 of the Black Horse golf course (portions of holes 11, 14, 15,
16. 17, and 18). Phase 3 access is by way of a new private street that intersects Coe Avenue Road just east of the Sun Bay Apartment complex.
Shea Homes, L.P. would now like to have the Enclave Phase 3 Final Map amended. Five (5) parcels, with an area of 73,498 sf (1.69 AC), adjacent to the exterior of the subdivision and adjacent to the City's Golf Course property, that due to topographic features, are not suitable for ownership by the homeowners' association, are being offered for dedication to the City of Seaside and in exchange, for two (2) minor parcels, an area of 2676 sf, which will be conveyed by the City of Seaside to Shea Homes L.P. prior to filing the subdivision map. Overall, the property exchange is beneficial to Packet Page 510
Item No. 11.A. Page 2 of 3
enhancing the City's golf course, operations, and open space. The new exterior boundaries of the Amending Final Map will reflect these property exchanges.
Staff has reviewed the Amending Phase 3 Final Maps for conformance to the Project Conditions, EIR mitigation monitoring requirements, previous Final and Parcel Maps, and the Seaside Municipal Code and has found they are substantially consistent with and satisfy applicable requirements.
An easement agreement for City of Seaside to have easements over the Shea Homes L.P. Phase 3 property was executed in 2021. Some of the easements will not be needed any longer because the easements are within the parcels being transferred with the Amending Map. A Landscape and Maintenance Easement Agreement from the City of Seaside to Shea Homes L.P. over Parcel C-2 will be separately filed in the near future.
This easement will allow Shea Homes L.P. to maintain spine flower, which is required per the endangered species restoration plan.
A Subdivision Improvement Agreement was previously prepared and filed with the County which contractually binds the Developer to complete the Phase 3 improvements in accordance with the Final Map and to provide security for completion in accordance with City requirements.
ENVIRONMENTAL CONSIDERATIONS
Staff found that Phase 3 of the Enclave Project satisfied applicable project conditions and is in substantial conformance with the intent and spirit of the project conditions.
FISCAL IMPACT
Consistent with the project conditions, the Developer was required to pay fair share fees to offset impacts associated with the Development. Fair share fees include Park, Fire, Police, Emergency Vehicle Access, and Gateway Improvements. The fees associated with development of the 30 residential lots included with Phase 3 total $172,796.40 and were paid to the City prior to the March 21, 2023 recordation of the Phase 3 Final Map.
ATTACHMENTS
1. Resolution
2. Amended Final Map
3. Grant Deed with Legal Description and Exhibit
Reviewed for Submission to the City Council by:
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Item No. 11.A. Page 3 of 3
_________________________________________
Jaime M. Fontes, City Manager
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1 RESOLUTION NO. 23-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE AMENDING FINAL SUBDIVISION MAP FOR ENCLAVE PHASE 3, AND GRANT DEEDS TO SHEA HOMES, L.P.
Recitals of Facts:
A. WHEREAS, on July 7, 2005, the City Council approved an application by Seaside Resort Development, LLC for Vesting Tentative Map No. TM-01-03 for the subdivision of approximately 84.88 acres of land which is a part of a larger approximate 380-acre parcel of land on which the Bayonet and Black Horse golf courses are located, which parcel is also known as Assessor’s Parcel Number 031-051-005; and B. WHEREAS, on July 7, 2005, the City Council adopted Resolution No. 05-43 certifying an environmental impact report for the Seaside Resort Estates Development Project; and C. WHEREAS, on March 15, 2007, the City Council adopted Resolution No. 07-10 approving Phase 1 Final Map, a Subdivision Improvement Agreement and Covenants, Conditions & Restrictions (CC&Rs) for the Seaside Resorts Estates Project; and D. WHEREAS, Shea Homes Limited Partnership has acquired interest in phases 1, 2, and 3 of the single family residential component of the Seaside Resort Estates Development (the Development); and
E. WHEREAS, on May 20, 2021, the City Council adopted Resolution No. 21-44 authorizing a lot line adjustment and parking easement within phase 1A of the Development; and F. WHEREAS, the lot line adjustment, parking easements and minor adjustment to road and lot layout increased the Development by 11,000 square feet; and G. WHEREAS, to offset the increase in square footage represented by the lot line adjustment and parking easement, Resolution 21-44 required revisions to Phase 2A & 2B lot and road layouts resulting in a 11,200 square foot of reduction the Development; and
H. WHEREAS, Shea Homes Limited Partnership prepared a Parcel Map for Phase 2A & 2B of the Enclave, the residential component of the Development; and I. WHEREAS, on September 2, 2021, the City Council adopted Resolution No. 21-79 approving the recordation of the Phase 2A & 2B Parcel Map and authorizing execution of deeds of partition; and
J. WHEREAS, on January 20, 2022, the City Council adopted Resolution No. 22-11 approving Phase 2A and 2B Final Map and associated Subdivision Improvement Agreement, and construction easements; and
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2 K. WHEREAS, on December 13, 2022, Shea Homes submitted a Subdivision Improvement Agreement and Final Map for Phase 3 of Enclave; and
L. WHEREAS, on January 30, 2023, the City Council adopted Resolution No. 23-19 approving Phase 3 Final Map and associated Subdivision Improvement Agreement; and M. WHEREAS, Shea Homes L.P. has requested an amendment to the Phase 3 Final Map to convey 5 parcels, and area of 73,498 SF (or 1.69 AC), adjacent to the exterior of the subdivision and adjacent to the City of Seaside-owned golf course and that due to topographic features, are not suitable for ownership by the homeowners' association, for dedication to the City of Seaside; and
N. WHEREAS, Shea Homes L.P. has requested the City of Seaside convey two (2) minor parcels, an area of 2676 SF, to Shea Homes L.P. prior to filing the amending subdivision map, and the exterior boundaries of the Amending Final Map will reflect these two minor additional areas; and
O. WHEREAS, an easement agreement for City of Seaside to have easements over the Shea Homes L.P. Phase 3 property was executed in 2021, and some of the easements will not be needed any longer because of parcel transfers with the Amending Map; and P. WHEREAS, a Landscape and Maintenance Easement Agreement from the City of Seaside to Shea Homes L.P. over Parcel C-2 may be filed separate from the Amending Final Map in the near future, and the easement will allow Shea Homes L.P. to maintain spine flower required per the rare plant restoration plan for a period up to five years; and Q. WHEREAS, subdivision (b) of Government Code Section 66450 requires that all final maps include a certificate signed by the city surveyor or city engineer that he or she has examined the map, that the subdivision is substantially the same as it appeared on the tentative map and any approved alternations thereof, that all provisions of the Subdivision Map Act and the City’s Subdivision Ordinance have been complied with, and that he or she is satisfied that the map is technically correct; and R. WHEREAS, Steven C. Wilson, a Professional Engineer and Professional Land Surveyor with Monterey Bay Engineers is currently providing surveying services under contract with the City and is qualified to execute the certificate required by Section 66450.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEASIDE, CALIFORNIA, AS FOLLOWS:
1. The City Council does hereby find that the above recitals are accurate and are hereby incorporated in and made part of this Resolution by this reference.
2. The City Engineer approved the Amending Final Map for Phase 3.
3. The City Council makes the following findings pursuant to the requirements of the California Environmental Quality Act:
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3 A. Pursuant to the California Environmental Quality Act (“CEQA”) and the Agency’s local CEQA Guidelines, the City certified an Environmental Impact Report (EIR) on July 7, 2005 in connection with the City’s approval of the Seaside Resort Project entitlements and the Agency Board approved the same EIR in connection with the Agency’s actions to implement that project. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts.
B. The City Council finds, in connection with the Amending Final Map that its approval is a ministerial action consistent with the project that was reviewed and approved pursuant to the Seaside Resort Project EIR. Staff further finds that actions contemplated by this Resolution will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant.
C. Based on these findings and all evidence in the record, the City Council determines that no additional environmental review is required pursuant to CEQA in connection with the City’s consideration of the Amending Final Map.
4. Pursuant to California Government Code Section 66457, the City Council finds that all required certificates or statements on the map have been signed and, where necessary, have been acknowledged.
5. The City Council hereby finds that the property outlined in Recital N is exempt surplus land. The City Council further finds that exchange of properties outlined in Recitals M and N above meet the Surplus Land Act exemption requirements of both small lot area transfers (Gov.
Code §54221(f)(1)(B)) and are also beneficial and necessary for the long term recreational golf-course needs of the City ((Gov. Code §54221(f)(1)(C)) and are therefore exempt from the provisions of the Surplus Lands Act.
6. The City Council hereby appoints Steven C. Wilson as Acting City Surveyor to review the Amending Final Map and any additional Final Maps for the Seaside Resort Project and provide the certificate therefor in compliance with Government Code Section 66442.
7. Pursuant to California Government Code Section 66458, and based upon the determinations and report of the City Engineer, the City Council finds that the Amending Final Map conforms to all requirements of the Subdivision Map Act, the City’s local Subdivision Ordinance and that all conditions prior the approval of the final map have been completed to the satisfaction of the City or will be completed pursuant to the Subdivision Improvement Agreement.
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4 8. Based on the findings contained in Section 1 through 7 of this Resolution, and pursuant to the requirements of the California Subdivision Map Act and the City’s Subdivision Ordinance, the City Council hereby approved the Subdivision Improvement Agreement attached hereto as Exhibit A, and authorized the City Manager to execute the Agreement on behalf of the City.
The City Council grants authority to the City Engineer to require and approve modifications to the CC&Rs as required to comply with project conditions and ensure compliance with other legal requirements.
9. Based on the findings contained in Section 1 through 7 of this Resolution, and pursuant to the requirements of the California Subdivision Map Act and the City’s Subdivision Ordinance, the City Council hereby approves the Amended Final Map.
10.The City Council hereby instructs the City Clerk to endorse on the face of the Final Map the certificate that embodies the approval of the Amended Final Map and instructs the City Clerk to accept all offers of public dedication that may be provided on the Map.
11.The City Council hereby instructs the City Clerk and City Engineer not to release the amended final map to the County Clerk for recordation until all subdivision securities required by the Subdivision Improvement Agreement have been filed with the City and the Covenants, Conditions and Restrictions relating to the ownership and maintenance of private improvements in the Subdivision have been filed with the City in a form approved by the City Engineer.
12. The City Council of the City of Seaside approves conveying two (2) minor properties, an area of 2676 SF, to Shea Homes L.P. prior to filing the amended subdivision map, and authorizes the City Manager to execute the associated Grant Deeds.
13. The City Council hereby authorizes the City Manager to accept five parcels of 73,498 sf from Shea Homes L.P. to the City of Seaside representing the exchange of property that enhances the City open space and recreation and directs the City Manager to amend the golf course property description accordingly.
14. The City Clerk shall certify to the adoption of this Resolution.
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5 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California on the 7th day of December, 2023.
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
APPROVED:
_________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominque L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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AMENDING FINAL MAP
OF
PHASE 3
THE ENCLAVE
TRACT NO. 1562-B
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
OWNER'S ACKNOWLEDGEMENT
OWNER'S STATEMENT
NOTES:
·
·
·
·
·
OWNER'S ACKNOWLEDGEMENT
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STATEMENT OF CITY SURVEYOR
AMENDING FINAL MAP
OF
PHASE 3
THE ENCLAVE
TRACT NO. 1562-B
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
SURVEYOR'S STATEMENT
STATEMENT OF CITY ENGINEER
STATEMENT OF SECRETARY OF
THE PLANNING COMMISSION
STATEMENT OF CITY CLERK
COUNTY RECORDER'S STATEMENT
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4 5
6 7
BASIS OF BEARINGS
BASIS OF BEARINGS
AMENDING FINAL MAP
OF
PHASE 3
THE ENCLAVE
TRACT NO. 1562-B
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
I N E E
S
ON W E N
IT H
S
G
R
REFERENCES
NOTES
DETAIL A
SCALE 1" = 30'
LEGEND
7 Packet Page 520
PARCEL A
PARCEL 3-S.2
PARCEL 3-S.1
CYPRESS LANE
PARCEL B
PARCEL C-1
PARCEL C-2
NOTES
REFERENCES LEGEND
BASIS OF BEARING
AMENDING FINAL MAP
OF
PHASE 3
THE ENCLAVE
TRACT NO. 1562-B
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
SEE SHEET 5
I N E E
S O N W E N
I T H
S G
R
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PARCEL F
CYPRESS LANE
97 PARCEL D
96 PARCEL C-2
PARCEL 3-S.3
LEGEND
NOTES
REFERENCES
BASIS OF BEARING
AMENDING FINAL MAP
OF
PHASE 3
THE ENCLAVE
TRACT NO. 1562-B
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
SEE SHEET 4
SEE SHEET 6
I N E E
S O N W E N
I T H
S G
R
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102
98 101
100
99 125
124
97 123
PARCEL 3-S.4
PARCEL F
122
103
CYPRESS LANE
CYPRESS LANE
PARCEL C-5
PARCEL 3-S.3
PARCEL C-3
NOTES
REFERENCES
BASIS OF BEARING
LEGEND
CURVE TABLE
AMENDING FINAL MAP
OF
PHASE 3
THE ENCLAVE
TRACT NO. 1562-B
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
SEE SHEET 5
SEE SHEET 7
I N E E
S O N W E N
I T H
S G
R
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115
114
116
117
122
120
110
118
121
107
112
111
119
105
104
106
103
108
109
113 PARCEL H
PARCEL 3-S.4 CYPRESS LANE
102 123 CYPRESS LANE PARCEL 3-S.4 PARCEL C-5
PARCEL C-4
BASIS OF BEARING NOTES CURVE TABLE LEGEND
REFERENCES
AMENDING FINAL MAP
OF
PHASE 3
THE ENCLAVE
TRACT NO. 1562-B
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
SEE SHEET 6
I N E E
S O N W E N
I T H
S G
R
SEE SHEET 3
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Recording requested by
Chicago Title Company
When recorded mail Document
and tax statements to:
Shea Homes
P.O. Box 5064
Livermore, Ca. 94551
______________________________________________________________________________________
GRANT DEED
______________________________________________________________________________________ The undersigned grantor(s) declare(s):
County transfer tax is $ Documentary transfer tax none-no consideration * City transfer tax is $ Documentary transfer tax none-no consideration * ( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area; or (X) City of Seaside and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Seaside, a Public Body, Corporate and Politic
hereby GRANT(S) to
Shea Homes Limited Partnership, a California limited partnership the following described real property in the City of Seaside, County of Monterey, State of California:
SEE EXHIBITS ____________ ATTACHED HERETO AND MADE A PART HEREOF
* THIS GRANT DEED IS BEING RECORDED TO EFFECTUATE A BOUNDARY ADJUSTMENT APPROVED AND CONVEYED BY THE CITY OF SEASIDE.
City of Seaside, a Public Body, Corporate and Politic
By: ______________________________________
By: ______________________________________ Dated _______________ Mail tax statements as directed above
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STATE OF CALIFORNIA
COUNTY OF _______________
On , _____, before me,
(here insert name and title of the officer)
personally appeared
________________________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Name (typed or printed), Notary Public in
and for said County and State
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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T:\Monterey Projects\1057 - Seaside Resort\SURVEY\LEGAL DESC\Phase 3\1057 Legal Desc - Phase 3 Acquisitions.docx
LEGAL DESCRIPTION
PORTIONS OF PARCEL C, VOL. 24 PAR. PG. 10
Certain real property situate in the City of Seaside, County of Monterey, State of California, being a portion of that certain parcel of land designated Parcel C (“Fort Ord Golf Courses”) as shown on the map filed for record September 15, 2021 in Volume 24 of Parcel Maps at Page 10 in the Office of the County Recorder of said County, described as follows:
AREA A (LOT 107 ADDITION)
BEGINNING at the most northerly corner of Lot 107 as said lot is shown on the map filed for record March 21, 2023 in Volume 24 of Cities and Towns at Page 85 in the Office of the County Recorder of said County; thence along the northwesterly boundary of said Lot 107
1) South 47°53’00” West, 113.63 feet to the most westerly corner of said Lot 107; thence departing said boundary
2) North 10°39’32” East, 29.63 feet; thence
3) North 57°18’32” East, 88.64 feet to a point along the westerly prolongation of the northerly line of said Lot 107; thence along said prolongated line 4) South 79°25’00” East, 4.28 feet to the Point of Beginning Area A containing 1,148 square feet or 0.026 acres, more or less.
AREA B (LOT 96 ADDITION)
BEGINNING at the most westerly corner of Lot 96 as said lot is shown on the map filed for record March 21, 2023 in Volume 24 of Cities and Towns at Page 85 in the Office of the County Recorder of said County; thence along the southwesterly boundary of said Lot 96 1) South 35°02’00” East, 193.00 feet to the most southerly corner of said Lot 96; thence departing said boundary along the southwesterly prolongation of the southeasterly line of said Lot 96
2) South 60°48’26” West, 8.04 feet; thence along a line parallel with said southwesterly line of Lot 96 and distant 8.00 feet southwesterly therefrom 3) North 35°02’00” West, 188.90 feet; thence
4) North 32°40’30” East, 8.65 feet to the Point of Beginning.
Area B containing 1,528 square feet or 0.035 acres, more or less.
As shown on the plat attached hereto and made a part hereof.
END OF DESCRIPTION
PREPARED BY:
WHITSON ENGINEERS
________________________________ 11/29/23 ___
RICHARD P. WEBER, LS DATE
L.S. No. 8002
Job No.: 1057.23
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PARCEL C
"FORT ORD
GOLF COURSES"
VOL. 24 PM PG. 10
PARCEL C
"FORT ORD
GOLF COURSES"
VOL. 24 PM PG. 10
PARCEL C
24-PM-10
PARCEL C
24-PM-10
PROJECT No.: T:\Monterey Projects\1057 - Seaside Resort\SURVEY\LEGAL DESC\Phase 3\Phase 3 Golf Acquisitions.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
1057.05
PLAT TO ACCOMPANY DESCRIPTION
SEASIDE, CALIFORNIA
TO BE TRANSFERRED
NOVEMBER 29, 2023
PORTIONS OF PARCEL C, 24-PM-10
I N E E
S ON W E N
IT H
S G
R
DETAIL:
AREA 'A'
1" = 50'
DETAIL:
AREA 'B'
1" = 50'
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CITY OF SEASIDE
STAFF REPORT
Item No.: 11.B.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Jose Bazua, Economic Development Director
DATE: December 7, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE
CONTRACT WITH CALIFORNIA PREMIER RESTORATION TO
INCLUDE THE RETRIEVAL OF UNATTENDED SHOPPING CARTS
IN PUBLIC RIGHT OF WAY
RECOMMENDATION
Amend the existing contract with California Premier Restoration (CPR), a company that specializes in biohazard cleanup, to include retrieval of unattended shopping carts that could contain hazardous materials in public right of way until the funding is expended, and a new contract is required.
BACKGROUND
• The City of Seaside has seen an increase in the proliferation of unattended shopping carts throughout the community in the last several years. • The City’s Police, Building Safety and the Public Works Departments are collaborating to respond to community requests to eliminate the blight created by shopping cart encampments.
• These departments use valuable staff time to pick up and dispose of these unattended shopping carts.
On September 29th, 2023, staff introduced to the City Council a draft ordinance to address and receive directions on the unattended shopping cart nuisance issue. The City Council gave directions to staff as follows:
1. Create partnerships with Seaside businesses on the nuisance issue
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Item No. 11.B. Page 2 of 5
3. Determine City of Seaside cost to retrieve shopping carts
4. Cost for third party shopping cart retrieval program The City’s contract with CPR
The City awarded CPR the contract on July 6, 2023, and it will expire on June 30, 2024, with the stated goals for CPR to clean up homeless encampments, hazardous waste at those sites and alleyways on an on-call basis. However, the CPR contract did not include retrieving an unattended shopping cart in public right of way.
Direction 1: Partnerships with Seaside Businesses
Staff gathered information and established collaboration with the Seaside businesses that have shopping carts on their premises. Businesses indicated an openness to cooperate with the City when they are contacted to retrieve their displaced shopping carts from the City of Seaside.
City of Seaside Shopping Cart Information:
Staples Locks their carts
Smart and Final Has antitheft device
Home Depot Has retrieval service
Santa Fe Market Has security
Grocery Outlet MarketHas antitheft device
La Preciosa No shopping carts
Dollar Tree Has antitheft device
Cost Plus Has retrieval service
Direction 2: Collaboration with Neighboring Commercial Businesses Outside City Limits
Since the City of Seaside has no jurisdiction over neighboring commercial businesses that have shopping carts, staff undertook a proactive approach to gathering information on shopping cart security methods in neighboring commercial businesses within less than 100 feet from Seaside City limits. This information was gathered through visual and third party retrieval services interviews and created a shopping cart security picture in neighboring commercial businesses. Yellow highlight signifies that the businesses are serviced by the same shopping cart company.
Neighboring commercial businesses with large shopping cart access.
Costco Has retrieval service
Home Goods No antitheft device
Lucky Has retrieval service
Ross No antitheft device
Target Has retrieval service
Safeway Has retrieval service
Marshall No antitheft device
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Item No. 11.B. Page 3 of 5
Pet Smart No antitheft device
Direction 3: Determine City of Seaside cost to retrieve shopping carts The average Public Works Department cost to remove unattended shopping carts in encampments using three staff members is: $556.56 per 5 work hours.
The average Police Department cost to provide safety for public works staff for abandoned shopping carts in encampments: $306.15 per 5 work hours for 1 officer.
Staff Wage/hour Hours Staff Cost Per cart
Public Works Staff37.11 5 3 556.56 111.33
Police Officer 61.32 5 1 306.15 61.32
Total 862.71
Per cart: 556.56/3=$111.33
Direction 4: Cost for third party shopping cart retrieval program The average cost for a third party to retrieve an unattended shopping cart on public right of way is $50.00 per cart (Source: Retail Marketing Services, Inc.). The average range for servicing a city the size of Seaside is between $150 and $200 a day, depending on how many days a week a city requires. The cost was given by two different third party shopping cart retrieval services. One services the City of Folsom (AAR Services, Inc.) and the other the City of Watsonville (Retail Marketing Services, Inc.).
Analysis
As staff surveyed shopping cart security policies, they discovered from commercial businesses that there is a third party service company that serves Sand City and City of Seaside businesses. Retail Marketing Services, Inc. is the third party shopping cart retrieval company that is serving the cities of Seaside, Sand City and Watsonville. This company services four Seaside business and two businesses from other jurisdictions (highlighted in table). Retail Marketing Services, Inc. only retrieves unattended empty shopping carts that belong to their clients. The company does not pick up occupied unattended shopping carts that contain personal property in them. Of major significance, is that Retail Marketing Inc., picks up carts in Seaside that belong to outside businesses at no cost to the City of Seaside.
The City needs to be aware that the third party service company and City staff cannot retrieve a shopping cart that has personal items with a person steering the shopping cart. The shopping cart can only be retrieved when it is unattended and located within a public right of way and the items can then be identified, stored for 90 days and then disposed of in a designated area if not retrieved. The shopping carts are disposed of Packet Page 531
Item No. 11.B. Page 4 of 5
and not stored due to hazard, health and safety concerns. The shopping cart owners do not want them returned due to liability concerns. The City’s contractor, California Premier Restoration (CPR), will address the shopping cart disposal.
On July 6, 2023, the City Council approved resolution 23-108 awarding a contract to California Premier Restoration (CPR) to perform multiple homeless camp clean-ups that include biohazard remediation for $75,000 with a 10% contingency for a total project cost of $82,500. CPR’s scope of work did not include the company picking up unattended shopping carts on public right of way. The company has agreed to amend the contract to remove unattended shopping carts on public right of way. The Police, Public Works, and Building Safety departments will continue to collaborate to remove unattended shopping carts in encampments, and public right of way. However, CPR is the lead contractor to clean up biohazard materials in encampment areas and remove shopping carts on public right of way. CPR will follow protocols to remove items from shopping carts, identify the items, store the items, and dispose of the items along with the shopping carts after a set time.
By amending CPR’s contract to include unattended shopping carts in public right of way, the City of Seaside addresses the unattended shopping cart health and safety hazard within the City. There will be no additional charge by CPR for picking up unattended shopping carts on public right of way.
According to the City attorney, an ordinance is not necessary since CPR’s contract will address unattended shopping carts in the public right of way. Unattended carts located within the public right of way are a health and safety hazard and may be addressed immediately. The City’s departments will continue to assist with unattended shopping carts in encampments. However, having CPR focus on shopping cart retrieval in public right of way will allow staff to focus on city maintenance and request from residents, reducing city expenditures for this issue.
FISCAL IMPACT
California Restoration Premier's is funded by account 100-8430-2073 and the amended contract has no impact to the cost.
ATTACHMENTS
1. Resolution
2. Amendment 1
Reviewed for Submission to the City Council by:
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Item No. 11.B. Page 5 of 5
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT
WITH CALIFORNIA PREMIER RESTORATION TO INCLUDE THE RETRIEVAL OF
UNATTENDED SHOPPING CARTS IN PUBLIC RIGHT OF WAY
WHEREAS, a formal on-call contractor is needed to 1) cleanup homeless encampments, and 2) respond to other cleanup actions as may be requested by the City; and
WHEREAS, on February 16, 2023, staff issued a Request for Proposals (RFP) to solicit proposals from eligible firms to provide on-call property clean up services and no proposals were received on March 16, 2023; and
WHEREAS, pursuant to Public Contract Code 22038. (c) staff requested informal proposals on May 5, 2023 from ten (10) contractors; and WHEREAS, four (4) proposals were received through the informal procedure and reviewed by staff; and
WHEREAS, staff negotiated a contract with California Premier Restoration (CPR) to perform on-call clean-up services based on their experience and competitive pricing; and
WHEREAS, on July 6, 2023 the City Council awarded an agreement for contractor services to California Premier Restoration to provide On-Call Property Clean-Up services for an amount not to exceed $75,000.00, including a 10% contingency of $7,500; and WHEREAS, the Scope of Work in the contract includes retrieval of unattended shopping carts but does not specify within public right of way; and WHEREAS, due to the increase of unattended shopping carts in public right of way; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an amendment to the Agreement for Contractor Services with California Premier Restoration to include retrieval of unattended shopping carts in public right of way to the Scope Work for no additional cost.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 7th day of December 2023, by the following vote:
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AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Ian N. Oglesby, Mayor
ATTEST:
_________________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
_________________________________
Sheri Damon, City Attorney
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EXHIBIT A1
SCOPE OF WORK
The City is requesting proposals from qualified contractors for on-call property clean-up services. The Scope of Work shall include but not be limited to the following tasks and deliverables.
1. CONTRACTOR DUTIES AND RESPONSIBILITIES
1.1 Contractor shall clean-up encampment sites and other areas as assigned by City. Preparation for cleanups shall include: surveying sites, scheduling clean-ups with City staff, planning for clean-ups (labor, equipment, specialists, sub-contractors), procedural record keeping for each job as described below.
Clean-ups shall include collecting and sorting of debris, shopping carts in public right of way, e-waste, mattresses etc., separating out personal property (defined in Attachment A), dismantling temporary structures, removing trash, and disposing of all debris at the Monterey Peninsula Landfill or other appropriate disposal site. Contractor shall profile, manifest and dispose of materials excluded from disposal at said landfill (i.e. hazardous waste, universal waste, medical waste, and other items banned from landfills or transfer station) at a site permitted to accept such material.
1.2 As needed, Contractor will clean-up City alley ways on an on-call basis.
1.3 Contractor shall supply all labor, materials, tools, heavy machinery and equipment, vehicles, protective clothing, protective gear, portable bathroom facilities, dumpsters, and other supplies that may be required to remove large quantities of debris, litter, and waste. Such equipment, tools and protective gear shall be sufficient for all conditions including jobsites that may be located in heavy foliage, poison oak, steep embankments, by lakes, occasionally on private property (with permission granted), public right of way and other areas requiring alertness to the environment and pre- planning to prevent injury or illness.
1.4 Contractor shall coordinate with the City on a project-by-project basis to determine the scope for each encampment clean-up. The scope will establish the project start date, period of work, size/scope of the job, work location, the name and title of the onsite Contractor representative, and the estimated notto-exceed cost of the clean- up. Additional specific instructions will be given at the work location.
1.5 Contractor shall post City provided "Notice to Vacate" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City staff.
Depending on circumstances this posting may occur no less than a minimum of 72-hours from the date of the clean-up, or up to two-weeks prior to the clean-up. Contractor shall photograph posted notices to document time and location of posting.
1.6 Contractor shall be responsible for the supervision/management of its crew and ensure all necessary safety procedures are followed. This individual will also serve as the contact person for all projects.
1.7 Contractor shall provide bags and tags, and identify and tag certain items as "personal property." Such items include but are not limited to items in good repair such as tents, backpacks, medication, eye glasses, books, jewelry, stoves, audio equipment, toiletries, personal records, handbags, personal photographs, duffel bags, bedrolls, blankets, watches, and clean clothing. The Contractor will transport identified property for storage to a site designated by City as directed by City Staff. Guidelines for the proper identification and classification of personal property may be found in Attachment A. In addition, the City will provide training and written instructions as required for the Contractor to help identify, sort, tag, photograph, and catalogue what will be retained as personal property. Contractor will also be responsible for posting notice at each clean-up site indicating contact information for reclaiming personal property.
1.8 Contractor shall photograph the encampment site before and after the clean-up to document the condition of the site and the date of the clean-up. Photographs of clean- up will be provided to the City electronically after completion of the clean-up. Photographs will include information specifying time and place where the photo was taken.
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City of Seaside
Scope of Work
On-Call Property Clean-Up Services
- 2 -
1.9 Contractor shall follow best practices work procedures to safely manage any hazardous materials that may be found on the jobsite, including urine, feces, soiled personal hygiene items, syringes, and other materials which could pose a health threat. Weapons or drugs will not be moved by the Contractor.
1.10 Contractor shall immediately contact the City Police Department in the event that weapons or drugs are found at the encampment.
1.11 If necessary, Contractor shall work with City representatives to obtain, maintain and comply with all permits required to perform clean-ups along watercourses, including but not limited to, any permits required by the California Regional Water Quality Control Board, the U.S. Army Corps of Engineers or the California Department of Fish and Wildlife.
1.12 Contractor shall notify the City when the work is complete and provide a clean-up report for each site including total weight of debris removed.
1.13 In the event that an adjacent homeless encampment is discovered in the general area during the course of a project, Contractor shall notify the City's designated representative to obtain authorization prior to proceeding with any additional work that was not identified in the work scope.
1.14 Contractor shall provide a representative, if requested by City, to attend regional encampment clean-up coordination meetings that involve multiple agencies, jurisdictions, and/or special interest organizations.
1.15 City reserves the right to cancel any given project if the City deems, in its sole discretion, that unsafe conditions exist at the site on the day of a planned event. The City will attempt to provide the Contractor with at least a 24 hour notice of any project cancellation.
1.16 Contractor shall perform work in a timely and efficient manner, and conduct themselves in a courteous and business-like fashion at all times.
1.17 Contractor shall properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws.
1.18 Contractor shall coordinate manifesting and billing between disposal site and the City so that landfill costs, including tipping fees, are billed directly to the City. Contractor shall provide proper documentations, such as manifests and weight tickets, for all wastes disposed of.
2. CITY RESPONSIBILITIES
1.1 City shall issue a work order and provide a minimum 24-hour notice to the Contractor prior to the start time of a clean-up project and issue maps and property boundary information as appropriate.
1.2 City shall provide security during the posting of the "Notice to Vacate" and for the duration of the clean-up.
1.3 City shall provide a representative to serve as a point of contact in writing, approving, and issuing work orders, and addressing any Contractor issues or questions that may arise during the course of a clean-up.
1.4 City shall provide training and written instructions as required for the Contractor to help identify, sort, tag, photograph, and catalogue what will be retained as personal property.
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