Agenda packet — Seaside City Council, March 21, 2024 (part 1 of 2)

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, March 21, 2024
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with options for viewing and listening virtually or telephonically, 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 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 listen by phone: Please call (669) 900-9128
Enter the meeting ID 819 3683 2059 when prompted. There is no participate code – press the pound sign # after the recording prompts you.

4. To make public comment, the following options are available:

Before the Meeting via Email: Written comments can be emailed to [email protected] Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments must be received by 2:00 p.m. on the day of the meeting.

During the Meeting via Oral Comments: When the Chair calls for public comment, 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
Packet Page 1
City Council REGULAR Meeting March 21, 2024 5:00 PM Agenda Page 2 If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3- majority vote is required).

5. PUBLIC COMMENT
Members of the public wishing to address the City Council on matters within the jurisdiction of the City of Seaside, but not on this agenda, may do so during the Public Comment period for up to three (3) minutes. Public Comments for "Presentations" on this agenda are also taken at this time; comments on specific agenda items are heard under that item. For the public record, please state your name.

6. PUBLIC AGENCY COMMUNICATIONS
This is a time specifically set aside for representatives of public agencies to make brief comments of general interest to the City Council and the community.

A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE EVENTS

AND COMMUNITY ANNOUNCEMENTS COVERING EVENTS BETWEEN
MARCH 21 THROUGH APRIL 6

7. PRESENTATIONS
A. 2024 POLICE AND FIRE DEPARTMENT CHAMP CADET YOUTH PROGRAM

INTRODUCTIONS (POLICE CHIEF BORGES AND FIRE CHIEF

GUTIERREZ)
B. FAMILY AND COMMUNITY SUPPORT PROGRAM UPDATE (FCS

PRACTITIONER DERRICK ELDER)
C. REPORT ON MONTEREY RD - FREMONT BLVD TRAFFIC MITIGATION

OPTIONS (ASSISTANT PUBLIC WORKS DIRECTOR CAROLYN BURKE)

8. CONSENT AGENDA
A. APPROVE MINUTES FROM MARCH 7 AND 14, 2024
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. ADOPT A RESOLUTION APPROPRIATING $25,000.00 FROM THE

GENERAL FUND TO THE LOCAL ROADWAY SAFETY PROGRAM BUDGET

AND AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENTS TO

THE EXISTING PARAMETRIX PROFESSIONAL SERVICES AGREEMENT RECOMMENDATION: Adopt a resolution appropriating an additional $25,000.00 from the General Fund to the Local Roadway Safety Program (LRSP) budget, and Packet Page 2
City Council REGULAR Meeting March 21, 2024 5:00 PM Agenda Page 3 authorize the City Manager to execute amendments to the existing Parametrix professional services agreement (PSA).

C. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AGREEMENT WITH CHAMPIONED CONSULTING IN AN AMOUNT NOT TO EXCEED $36,000.00 TO PROVIDE ADDITIONAL SUPPORT FOR CITY

WEBSITE REDESIGN, WEBSITE MAINTENANCE, AND COMMUNICATIONS

ENGAGEMENT EFFECTIVENESS ANALYSIS
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a contract in an amount not to exceed $36,000 with ChampionED Consulting for Communications and Community Engagement Support functions.

D. ADOPT A RESOLUTION APPROVING A SPECIAL COUNSEL CONTRACT TO

ATTORNEY DON FREEMAN AND AUTHORIZING THE CITY ATTORNEY TO

EXECUTE THE CONTRACT
RECOMMENDATION: Adopt a resolution approving special counsel contract and authorizing the City Attorney to execute the contract
E. ADOPT A RESOLUTION AUTHORIZING A PURCHASE AGREEMENT WITH

SALINAS VALLEY FORD FOR A DUMP TRUCK IN THE AMOUNT OF
$95,755.00 FOR USE BY THE MAINTENANCE AND UTILITIES DIVISION RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a purchase agreement with Salinas Valley Ford for a dump truck for an amount not to exceed $95,755.00.

F. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH WEST COAST CODE CONSULTANTS, INC. IN AN
AMOUNT NOT TO EXCEED $100,000.00 TO PROVIDE BUILDING AND

SAFETY SERVICES TO THE BUILDING AND CODE ENFORCEMENT

DEPARTMENT
RECOMMENDATION: It is recommended that the City Council Authorize the City Manager to sign a contract with West Coast Code Consultants, Inc. in the amount not to exceed $100,000.00 to provide building and safety services to the Building and Code Enforcement Department.

9. BUSINESS ITEMS
A. CONSIDER APPROVAL OF A BALLOT QUESTION REGARDING THE

PROHIBITION OF FIREWORKS, AND CONSIDER ADOPTION OF A

RESOLUTION FOR THE HOLDING OF A CONSOLIDATED GENERAL
MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024 AND PLACING

A MEASURE ON THE BALLOT
RECOMMENDATION: Adopt a resolution for the holding of a consolidated general municipal election and for the submission of a question regarding fireworks to qualified voters.

10. PUBLIC HEARING
Packet Page 3
City Council REGULAR Meeting March 21, 2024 5:00 PM Agenda Page 4 A. AN AMENDMENT TO THE ZONING ORDINANCE TO INCREASE
EFFICIENCIES IN THE PROCESSING OF PLANNING PERMITS. THE

PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION
15061(B)(3) (FIRST READING - ROLL CALL VOTE)
RECOMMENDATION: Conduct the first reading of the Ordinance approving Zoning Ordinance Amendment ZOA-24-01.

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.

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 REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et al.

Negotiating Parties: KBB Seaside Venture, et al. and City of Seaside Under Negotiation: price, terms of payment or both
Packet Page 4
City Council REGULAR Meeting March 21, 2024 5:00 PM Agenda Page 5

B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9-EXISTING LITIGATION
Monterey County Superior Court
Case Name: Petrovich Development, et al. v. City of Seaside, et al.

Case Number: Case # 21CV003630

C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9
Potential Litigation (2 MATTERS)

14. ADJOURNMENT
Next Regularly Scheduled Meeting:

April 4, 2024
5:00 p.m.

The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Governor Newsom's Executive Orders N-29-20 and N-33-20.

Packet Page 5

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, March 7, 2024
REDEVELOPMENT AGENCY 5:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:00 p.m.

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: BURKS, GARCIA-ARRAZOLA, MILLER, OGLESBY, PACHECO ABSENT: NONE

3. INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation was led by Pastor Jake Rayford. The pledge was led by Council/Agency Member Miller.

4. REVIEW OF AGENDA
The following item was removed the agenda and will be considered at another date:

Item 9C – Adopt a resolution accepting the annual mid-year financial report and adopting proposed changes to the budget of the City of Seaside for the fiscal year 2023-2024.

Item 6A – University Affairs Update, and Item 7A – Firefighter, Reserve Firefighter, Fire Department Support Person, Drone Pilot, Police Officer, Police Department Support Person of the Year Awards was moved to be heard after Item 4: Review of Agenda.

Seaside Stars Founder and Committee Chair Annalisa Mitchell, and Committee Member Rosalyn Green provided a presentation of flowers and thanks to Recreation Director Dan Meewis, Mrs. Rita Oglesby, and special mention of the event’s caterer Nancy Black.

5. PUBLIC COMMENT
Bobby Maxwell, Roger Blankenburg, Lynda Cunningham, Ruthie Watts, Peter Kaiser, Catherine Crockett

6. PUBLIC AGENCY COMMUNICATIONS
A. UNIVERSITY AFFAIRS UPDATE (CSUMB PRESIDENT VANYA QUIÑONES, PhD)
Dr. Quiñones provided a presentation reviewing the statistics, achievements and Packet Page 6
Thursday, March 7, 2024 City Council REGULAR Meeting Page 2 goals of the University as of Fall 2023.

B. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE EVENTS

AND COMMUNITY ANNOUNCEMENTS COVERING EVENTS BETWEEN
MARCH 7 THROUGH 23
Citywide Events and Community Announcements Video reviewed the following upcoming events:
• MPUSD Upcycled Closet is accepting donations of gently used formalwear items at Monterey, Seaside, and Marina High School sites during school hours until March

22. • Avery Gallery presents with the Youth Art Competition Exhibit, which will be displayed in City Hall from March 5 until May 12.
• Ribbon cutting ceremony at Fernando Park on Wednesday, March 13 at 3:30 p.m. • City of Seaside’s 7th Annual Parent University on March 9th, from 11am-2pm, at the Oldemeyer Center.
• Monterey Peninsula Chapter of Delta Sigma Theta Sorority, Incorporated and the City of Seaside, Wellness is Wise Health Conference on March 16 from 11-2:30 p.m. at the Oldemeyer Center.
• Monterey Bay F.C. 2024 season opener on Saturday, March 16th, at 7PM at Cardinale Stadium
• The City of Seaside Recreation Department presents its Saint Patrick’s Day Dance on March 21st at Oldemeyer Center. Doors open at 10:30 AM, lunch will be served at 11:30AM, and dancing will begin at 12:30PM.
• City of Seaside’s Public Works Department, in collaboration with the City’s Art and History Commission, are seeking proposals from local artists to submit artwork to be used to highlight utility boxes throughout the city. Successful applicants will receive a $500 stipend. Entries must be submitted to [email protected] by March 22nd.

7. PRESENTATIONS
A. FIREFIGHTER, RESERVE FIREFIGHTER, FIRE DEPARTMENT SUPPORT

PERSON, DRONE PILOT, POLICE OFFICER, POLICE DEPARTMENT

SUPPORT PERSON OF THE YEAR AWARDS AND PROCLAMATIONS (FIRE

CHIEF GUTIERREZ AND POLICE CHIEF BORGES)
Fire Chief Gutierrez and Police Chief Borges presented awards to Firefighter Lee Whitney, Reserve Firefighter Kelsey Kutter, Fire Department Support Person Rosalinda Barrios Chavez, Drone Pilot Jared Apperson, Police Department Support Person Alex Kjellgren, Police Officer Isaiah Madolora.

B. SEASIDE YOUTH RESOURCE CENTER PROGRAM UPDATE (RECREATION

SUPERINTENDENT KEE HYON HIGGINS)
Superintendent Higgins introduced Youth Resource Center Supervisor Ted Black, who provided an overview of the program, services, events, and client data.

Packet Page 7
Thursday, March 7, 2024 City Council REGULAR Meeting Page 3 C. BUILDING HEALTHY COMMUNITIES 2023 COMMUNITY SOCIAL

SERVICES GRANT PROGRAM REPORT
Rosalyn Green introduced Da’Ja Robinson and Sydney Johnson who provided a presentation regarding Seaside Rising Youth Leadership Academy.

8. CONSENT AGENDA
Item 8L was pulled by Peter Kaiser.

On motion by Council/Agency Member Miller and Council/Agency Member GarciaArrazola, and carried by the following vote the City Council/Successor Agency moved to approve the consent agenda as presented.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM FEBRUARY 15 AND 28, 2024
ACTION: APPROVED
B. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED & FILED
C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED & FILED
D. APPROVE A PROCLAMATION DECLARING MARCH AS AMERICAN RED

CROSS MONTH
ACTION: APPROVED
E. APPROVE A FEE WAIVER REQUEST FROM WORLD OUTREACH SERVICES INC. AND SEASIDE SPORTS LEAGUE LLC TO USE LAGUNA GRANDE PARK

TO HOLD THEIR SEASIDE SPORTS LEAGUE LLC MUSIC IN THE PARK ACTION: APPROVED
F. APPROVE A FEE WAIVER REQUEST FROM PALENKE ARTS

ORGANIZATION TO USE LAGUNA GRANDE PARK TO HOLD THEIR

EIGHTH ANNUAL PALENKE ARTS FESTIVAL
ACTION: APPROVED
G. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF BROADWAY

AVENUE TO THROUGH TRAFFIC FROM FREMONT BOULEVARD TO DEL Packet Page 8
Thursday, March 7, 2024 City Council REGULAR Meeting Page 4

MONTE AVENUE, AND ASSOCIATED SIDE STREETS AS WELL AS THE

WEST OF FREMONT BOULEVARD FROM CLEMENTINA AVENUE TO

AMADOR STREET, FOR THE EXOTICS ON BROADWAY EVENT ON AUGUST 17, 2024
ACTION: ADOPTED RESO #24-15
H. ADOPT A RESOLUTION AUTHORIZING A LANDSCAPE ACCESS AND

MAINTENANCE EASEMENT AGREEMENT WITH SHEA HOMES LP FOR
ENCLAVE PHASE 3
ACTION: ADOPTED RESO #24-16
I. ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH BELLINGER FOSTER

STEINMETZ AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

AMENDMENT ON BEHALF OF THE LAGUNA GRANDE JOINT POWERS

AGENCY FOR THE TRAIL MAINTENANCE STRATEGY TO INCLUDE

OBTAINING THE NECESSARY PERMITS REQUIRED TO START THE WORK

IDENTIFIED IN THE PROJECT, AND AUTHORIZING THE CONTRACT VALUE TO BE INCREASED BY $89,792.50, TO BE FUNDED BY THE MONTEREY PENINSULA REGIONAL PARK DISTRICT ($29,930.83), CITY OF SEASIDE ($29,930.84), AND THE CITY OF MONTEREY ($29,930.83) ACTION: ADOPTED RESO #24-17
J. ADOPT A RESOLUTION APPROVING THE 2024-2028 SEASIDE YOUTH

VIOLENCE PREVENTION STRATEGIC PLAN
ACTION: ADOPTED RESO #24-18
K. ADOPT A RESOLUTION APPROVING A DENSITY BONUS AGREEMENT

REQUIRING AFFORDABLE HOUSING AND PROVIDING REQUIREMENTS FOR THE DEVELOPMENT OF 21 AFFORDABLE DWELLING UNITS AT 1620

BROADWAY AVENUE
ACTION: ADOPTED RESO #24-19
L. ADOPT A RESOLUTION ACCEPTING THE 2023 GENERAL PLAN ANNUAL

PROGRESS REPORT (APR) AND AUTHORIZING SUBMITTAL OF THE
REPORT TO THE GOVERNOR’S OFFICE OF PLANNING AND RESEARCH (OPR) AND THE CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT (HCD)
On motion by Council/Agency Member Garcia-Arrazola and Mayor Pro Tem/Vice Chair Pacheco moved to adopt a resolution accepting the 2023 general plan annual progress report and authorizing submittal of the report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.

Packet Page 9
Thursday, March 7, 2024 City Council REGULAR Meeting Page 5 RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC COMMENT: Peter Kaiser
ACTION: ADOPTED RESO #24-20
M. ADOPT A RESOLUTION AUTHORIZING A PURCHASE AGREEMENT WITH

SALINAS VALLEY FORD FOR A USED DUMP TRUCK IN THE AMOUNT OF $88,746.00 FOR USE BY THE MAINTENANCE AND UTILITIES DIVISION ACTION: ADOPTED RESO #24-21
N. ADOPT A RESOLUTION OPPOSING INITIATIVE NO. 21-0042A1, THE

TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT
ACTION: ADOPTED RESO #24-22
O. REVIEW AND TAKE ACTION ON THE TRAFFIC ADVISORY COMMITTEE

RECOMMENDATION FOR RED CURB ALONG BAKER STREET
ACTION: APPROVED

9. BUSINESS ITEMS
A. DISCUSS AND CONSIDER THE ADOPTION OF A RESOLUTION PLACING A

MEASURE REGARDING THE USE OF SAFE AND SANE FIREWORKS ON THE GENERAL ELECTION NOVEMBER 2024, BALLOT
City Clerk/Public Affairs Officer Dominique Davis provided a presentation reviewing the process of how the Council can place a question on the November 2024 ballot if they desire to do so.

PUBLIC COMMENT: Jimmy Cook, Lynda Cunningham, James Valdez, Tiffinie Meyer, Ramona Oleata-Reed, Daylene Myers, Divine Meyers, Lucy Aarons, Mary Fitzgerald, Becky Stoffer, Debra Crumbley, Lynn Hurbert, Lisa Sears, Jen Gunter, Janna Brewer, Priscilla Gallo, Ray Riordan, Stephanie Brewmeyer, Regina Mason, Jake Osborne, Juan Perez, Shawnda LeBeouf, Tony Amarate, Edgar Ogarrio, Dennis Revell, no name give, Peter Kaiser, Karla Lobo, Francois Avery, Bobby Maxwell, Gwen Nash On motion by Council/Agency Member Miller and second by Mayor Pro Tem/Vice Chair Pacheco, and carried by the following vote, the City Council/Successor Agency moved confirm the desire to submit “shall the use, sale and possession of safe and sane fireworks be banned in the City of Seaside?”, and directed staff to return at the March 21 regular meeting with the proposed wording and draft resolution.

Packet Page 10
Thursday, March 7, 2024 City Council REGULAR Meeting Page 6 RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Miller and carried by the following vote, the City Council/Successor Agency moved to establish the voter approval requirement as a majority.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
GENERAL PUBLIC COMMENT (RECONVENED): Regina Mason, no name given B. CONSIDER AND DISCUSS POTENTIAL REVISIONS TO PARKING AND

ENFORCEMENT POLICIES FOR RECREATIONAL VEHICLES, BOATS AND

TRAILERS IN RESIDENTIAL AREAS
Economic Development & Community Planning Manager Andrew Myrick provided a presentation reviewing the proposal from staff to resolve issues with parking of recreational vehicles, boats and trailers in residential areas.

PUBLIC COMMENT: Peter Kaiser
The Council discussed the proposal and provided feedback and directed staff to return at future meeting with recommendations regarding operable/drivable RVs, utility connections, details regarding the proposal to require RVs to parked on driveway (and impacts on pedestrian sidewalk use), fold-outs or pop-outs that must be folded/retracted, and only fitted covers being permitted.

C. ADOPT A RESOLUTION ACCEPTING THE ANNUAL MID-YEAR FINANCIAL

REPORT AND ADOPTING PROPOSED CHANGES TO THE BUDGET OF THE CITY OF SEASIDE FOR THE FISCAL YEAR 2023-2024
This item will be considered at a future meeting.

10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
Council Member Burks provided more details for the requests made for:

1. Safety plan coordination (2
nd
Council meeting in April)

2. Family & Community Support Program Update (2
nd
Council meeting in March)
Packet Page 11
Thursday, March 7, 2024 City Council REGULAR Meeting Page 7

3. Short term rentals & transient occupancy tax update (2 nd
Council meeting in
April)
The Council agreed to allow the items for upcoming meetings, and the City Manager committed to bringing the items back at the time specified.

B. FOLLOW UP ON PREVIOUS REQUESTS
City Manager followed up on a state ballot measure regarding taxpayer protection and government accountability act. A presentation regarding its impact and to inform the public will be provided at the first City Council meeting in April.

11. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR COMMENTS

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

12. CLOSED SESSION
City Attorney Sheri Damon read the closed session items and did not anticipate any reportable action.

PUBLIC COMMENT: Peter Kaiser
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al
Negotiating Parties: KBB Seaside Venture, et. al. and City of Seaside Under Negotiation: Price, terms of payment or both
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: 1 McClure Way, commonly known as the Blackhorse and Bayonet Golf Course and Grand Hyatt Hotel site
Agency Negotiators: City Manager, et. al
Negotiating Parties: Seaside Acquisition Group et. al. and City of Seaside Under Negotiation: Price, terms of payment or both
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9-EXISTING LITIGATION
Monterey County Superior Court
Case Name: Petrovich Development, et al. v. City of Seaside, et al.

Case Number: Case # 21CV003630
D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT Packet Page 12
Thursday, March 7, 2024 City Council REGULAR Meeting Page 8 CODE 54956.9
Potential Litigation (2 MATTERS)

13. ADJOURNMENT
With no further business, the meeting adjourned at 11:10 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 13

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, March 14,
2024
REDEVELOPMENT AGENCY 4:30 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 4:30 p.m.

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: BURKS, MILLER, OGLESBY, PACHECO
ABSENT: GARCIA-ARRAZOLA

3. PLEDGE OF ALLEGIANCE
Led by City Clerk Dominique Davis

4. REVIEW OF AGENDA
No changes.

City Attorney Sheri Damon clarified for the record that the meeting being held was a special meeting and members of the public were present in person.

5. PUBLIC COMMENT
Bobby Maxwell

6. CLOSED SESSION
City Attorney Sheri Damon read the closed session items and did not anticipate any report.

A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)
Potential Litigation (1 Matter)

7. ADJOURNMENT
With no further business, the meeting adjourned at 5:45 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 14

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: March 21, 2024
SUBJECT: ADOPT A RESOLUTION APPROPRIATING $25,000.00 FROM

THE GENERAL FUND TO THE LOCAL ROADWAY SAFETY

PROGRAM BUDGET AND AUTHORIZE THE CITY MANAGER TO

EXECUTE AMENDMENTS TO THE EXISTING PARAMETRIX

PROFESSIONAL SERVICES AGREEMENT

RECOMMENDATION
Adopt a resolution appropriating an additional $25,000.00 from the General Fund to the Local Roadway Safety Program (LRSP) budget, and authorize the City Manager to execute amendments to the existing Parametrix professional services agreement (PSA).

BACKGROUND
The Local Roadway Safety Program (LRSP) is a crash data driven safety evaluation of the City's roadway network, which develops and prioritizes systemic safety improvements for all modes of transportation, including pedestrians and cyclists. The goal of the LRSP is to reduce traffic related fatalities and severe injuries on the City's roadways and intersections. This is accomplished through a variety of tools, including public education, enforcement of laws and regulations, engineering solutions to traffic related problems, and emergency medical services.

On June 15, 2023, the City Council approved the development of the Local Roadway Safety Program as an addition to the Fiscal Year 2023/24 CIP project list and a Professional Services Agreement (PSA) with Parametrix for an amount not to exceed $87,890.00. The City Council also authorized the City Manager to approve amendments to the Professional Services Agreement in the amount of $8,789.00. Crash data analysis began in August 2023. During the course of the project, staff requested that Parametrix provide additional services for public outreach to residents of the City of Seaside.

Packet Page 15

Item No. 8.B. Page 2 of 2
Parametrix developed a presentation and presented it to the public at a public outreach event, held at Oldenmeyer Center on January 11, 2024. City staff provided notification in anticipation of the event via social media, an announcement at a council meeting, and postings on public message boards. The public outreach meeting had a lower than anticipated turn out.

City Staff requested that Parametrix provide a proposal to plan, notice, and run a second public outreach event. Parametrix's scope of work for this request is to draft and mail postcard notifications to 10% of parcels within the City of Seaside, as well as 25% of the parcels fronting Fremont Boulevard, Del Monte Avenue, and West Broadway; develop a digital survey; lead a second public outreach event, and provide a Spanish language translator at the public out reach event. The scope of work will also include the addition of the intersection of the Fremont Boulevard and Highway 1 ramps to the list of emphasis areas, requiring additional data analysis and priority project recommendations.

The remaining contingency that the City Manager has authorization is $397.00. The proposed additional work is in the amount of $19,797.00. An additional contingency of $25,000.00 is necessary until completion of the project to address the additional scope of work.

Staff recommends adopting a resolution approving an appropriation of $25,000.00 to the Local Roadway Safety Program from the General Fund; approving $25,000.00 in additional contingency to the PSA with Parametrix, such that the total PSA amount does not exceed $121,679.00; and authorizing the City Manager to execute any amendments and extensions to the PSA until completion of the project.

FISCAL IMPACT
The current total budget for the Local Roadway Safety Program (Account No. 212-8910- 9570) is $96,679.00. After the budget appropriation, the Local Roadway Safety Program would have a total budget of $121,679.00.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 16
Meeting Date: 3/21/24
Item #: 8.B.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROPRIATING $25,000.00 FROM THE GENERAL FUND TO THE LOCAL ROADWAY SAFETY PROGRAM, AND APPROVING $25,000.00 IN ADDITIONAL

CONTINGENCY TO THE PROFESSIONAL SERVICES AGREEMENT WITH

PARAMETRIX, FOR A TOTAL PROJECT AMOUNT THAT DOES NOT EXCEED $121,679.00
WHEREAS, on June 15, 2023, the City Council of the City of Seaside approved adding the Local Roadway Safety Program (LRSP) to the Capital Improvement Program, and a fiscal year 2023/2024 budget appropriation to the project account for the Project; and
WHEREAS, the LRSP involves a crash data driven safety evaluation of the City's roadway network, which develops and prioritizes systemic safety improvements for all modes of transportation, including pedestrians and cyclists; and WHEREAS, on June 15, 2023, the City Council authorized the City Manager to execute a Professional Services Agreement (PSA) with Parametrix for the development of the LRSP for an amount not exceed $87,890.00, and authorized the City Manager to execute amendments to the PSA in the amount of $8,789.00 such that the full value may amount not to exceed $96,679.00; and
WHEREAS, Parametric started work on the LRSP in August of 2023; and WHEREAS, to date the work performed includes the evaluation of the crash data, development of program goals, presentation to a Technical Advisory Committee, development of a list of emphasis areas throughout the City, and presentation to the general public; and
WHEREAS, it was determined that additional work is required due to unforeseen circumstances; and
WHEREAS, an additional $25,000.00 contingency is required for the City Manager to authorize additional work for the LRSP; and
WHEREAS, an appropriation of $25,000.00 to the project account is needed to complete the LRSP; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves appropriating $25,000.00 to the LRSP (Account No. 212-8910-9570) from the General Fund for a total project budget of $121,697.00; and
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BE IT FURTHER RESOLVED, that the City of Seaside City Council approves $25,000.00 in additional contingency to the PSA with Parametrix for a total budget amount that does not exceed $121,697.00; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute any amendments and extensions until completion of the project such that the total project budget amount does not exceed $121,697.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 21st day of March, 2024, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 18

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: March 21, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH CHAMPIONED CONSULTING
IN AN AMOUNT NOT TO EXCEED $36,000.00 TO PROVIDE

ADDITIONAL SUPPORT FOR CITY WEBSITE REDESIGN,

WEBSITE MAINTENANCE, AND COMMUNICATIONS

ENGAGEMENT EFFECTIVENESS ANALYSIS

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a contract in an amount not to exceed $36,000 with ChampionED Consulting for Communications and Community Engagement Support functions.

BACKGROUND
In November 2022, the City Council held a strategic planning session which included the refinement of the city’s priorities, goals and objectives for the upcoming years. As part of the strategic planning session, the City Council amended and approved the priority work plan through fiscal year 2023-2024. Among the priorities added to the work plan, the Council directed staff to improve civic engagement using technology, implement branding standards, and to make a coordinated public information effort between departments, officials, communities and other groups. The development of a Citywide Communications Plan began in 2023, and is essential to fulfilling this directive.

While the Public Affairs Officer oversees, plans and implements the program for communications and community engagement, the City does not currently possess the technical support staff with the expertise or resources to further development and implement a Citywide Communications Plan.

ChampionED Consulting is a firm that supports organizations in identifying and removing obstacles as it relates to their marketing and communications goals with Packet Page 19

Item No. 8.C. Page 2 of 4
specialized experience in brand visualization and development, strategic communication, and operations management. The contract term will cover services rendered from March 2024 – June 30, 2024. Further budget needs will be assessed and projected to cover the fiscal year 2024-2025, with consideration whether a recruitment for a Communications and Community Engagement Specialist may be conducted within the same fiscal year.

The initial scope of work is categorized into four parts, and is the framework for supporting communications and community engagement efforts, which include but are not limited to: needs assessment; internal stakeholder interviews and alignment with Council expectations; tool kit development/deployment, training and assistance as needed; and providing support to coordinate effort among all staff, and stakeholders to ensure high levels of consistency and efficiency across all platforms.

Scope of Work Details Anticipated Cost
Conduct Research &
Develop
Communications
Strategy
• Develop and finalize a
comprehensive Citywide
Communications Plan – a
marketing and community
relations program to inform the
public of the activities and
objectives of the City of Seaside
• Provide support for City website
and social media updates and
content management
• Research audience preferences
and discover current trends
• Suggest and implement new
ways to promote civic
engagement, like promotions
and competitions
$5,000.00
Establish Marketing
& Design
Standards & Develop
Content
• Finalize the Citywide
Communications Plan to
support the policies and
standards related to the
content, appearance and timing
of posted online information
• Leads the content development
for websites, multimedia tools,
social media, press releases,
articles and other marketing
communication initiatives for
$20,000.00
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Item No. 8.C. Page 3 of 4
the City
• Designs the content of City
publications, design posters,
fliers and advertisements
• Design, edit and curate layout
for the weekly City Newsletter
• Create engaging text, image
and video content for all
communications platforms
Establish
Implementation
Guidelines &
Implement Strategy
• Develops and supervises the
delivery of specific outreach
efforts to target special
population groups that may
need assistance with
connecting city services and
programs
• Stay up-to-date with changes in
all social platforms, ensuring
maximum effectiveness
• Develop an optimal posting
schedule, considering web
traffic and customer
engagement metrics
$3,000.00
Provide Data &
Reporting on
Outcomes
• Provide regular reports to share
the effectiveness of strategy on
various platforms
• Report on online reviews and
feedback from residents and
visitors
$1,000.00

FISCAL IMPACT
The funding source for this agreement will be paid from contract services 100-0-2021- 2075.

ATTACHMENTS

1. Resolution

2. Agreement
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Item No. 8.C. Page 4 of 4
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

WITH CHAMPIONED CONSULTING IN AN AMOUNT NOT TO EXCEED
$36,000.00 TO PROVIDE ADDITIONAL SUPPORT FOR CITY WEBSITE

REDESIGN, WEBSITE MAINTENANCE, AND COMMUNICATIONS ENGAGEMENT

EFFECTIVENESS ANALYSIS
WHEREAS, In November 2022, the City Council held a strategic planning session which included the refinement of the city’s priorities, goals and objectives for the upcoming years; and
WHEREAS, Among the priorities added to the work plan, the Council directed staff to improve civic engagement using technology, implement branding standards, and to make a coordinated public information effort between departments, officials, community and other groups; and
WHEREAS, the development of a Citywide Communications Plan began in 2023, and is essential to fulfilling this directive; and
WHEREAS, While the Public Affairs Officer oversees, plans and implements the program for communications and community engagement, the City does not currently possess the technical support staff with the expertise or resources to further development and implement a Citywide Communications Plan.; and WHEREAS, ChampionED Consulting is a firm that supports organizations in identifying and removal obstacles as it relates to their marketing and communications goals with specialized experience in brand visualization and development, strategic communication, and operations management; and
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WHEREAS, The initial scope of work is categorized in four parts, and is the framework for support communications and community engagement efforts which include but are not limited to: needs assessment; internal stakeholder interviews and alignment with Council expectations; tool kit development/deployment, training and assistance as needed; and providing support to coordinate effort among all staff, and stakeholders to ensure high levels of consistency and efficiency across all platforms.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute an agreement with ChampionED Consulting in an amount not to exceed $36,000.00.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 21st day of March, 2024, by the following vote:

CITY OF SEASIDE

PROFESSIONAL SERVICES AGREEMENT

CHAMPIONED CONSULTING
This agreement is made by and between the City of Seaside (City), and CHAMPIONED CONSULTING (Consultant).

A. Engagement: The City agrees to engage the Consultant to provide Strategic Communications and Public Affairs Consulting as described in Exhibit A, attached hereto and, hereinafter referred to as “the Project.” B. Relationship: The Consultant is an independent contractor and is not to be considered an agent or employee of the City.

C. Compensation: The City shall pay consultant on a time and materials basis in accordance with the standard billing rates shown in Exhibit B, attached hereto, not to exceed Thirty Six Thousand Dollars ($36,000).

D. Expense Reimbursement: City will reimburse for professional services and expenses at cost upon submission of receipts.

E. Method of Payment: The City shall pay within 30 days in accordance with Consultant’s Fee Schedule, attached hereto, upon receipt of a written invoice from Consultant detailing services rendered.

F. Term: The term of this agreement shall commence on March 1, 2024 and terminate June 30, 2024.

G. Termination: This agreement may be terminated; (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional fees and expense reimbursement to the date of termination and for any work necessitated by that termination.

H. Indemnity: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that DocuSign Envelope ID: 1A851029-9F02-4D4E-B8D0-EBB6359C1FD0 Packet Page 25

Page 2 of 5 ends

Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence.

I. Duty to Defend: In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

J. Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as follows; Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

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Page 3 of 5 ends

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.

K. Project Management. The (Contract Manager) will represent the City for all purposes under this Agreement. Dominique Davis, City Clerk, is designated as the Project Manager for the City. The Project Manager will be Consultant’s point of contact with respect to performance, progress and execution of the Services.

The City may designate an alternate Project Manager from time to time.

L. Ownership of Work Product:
a. Ownership of all imagery, reports, data, studies, surveys, charts, memoranda, and any other documents which are developed, compiled, or produced as a result of this agreement, whether or not completed, shall vest with the City.
b. Materials developed under this agreement are the property of the City and may be used by the City as it sees fit, including the right to distribute, review or publish the same without limitation.
c. The City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

M. Assignment
a. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, ChampionED Consulting shall perform the services described in this Agreement.
b. ConsultingED Consulting may use assistants under his/her supervision to perform services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of LaShunda Nugent from Consultant's employ. Should he/she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Engineer and the Consultant.

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N. Conflict of Interest
a. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract. b. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100 et seq.) Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with City disclosing Consultant’s and/or such other person’s financial interests.

O. Miscellaneous:
a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City.
c. This agreement shall be modified only by written agreement duly executed by the City and the Consultant.
d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect.
e. This agreement shall be governed by and construed in accordance with the laws of the State of California.
f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party’s address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party.

Wherefore, the parties have entered into this agreement as of the later of the dates stated below.

Approved:

Dated: ____________________ Consultant: _________________________ By: LaShunda Nugent________________
Title: _______________________________
Address: ____________________________
_____________________________
DocuSign Envelope ID: 1A851029-9F02-4D4E-B8D0-EBB6359C1FD0 Chief Executive Officer
2061 Tanglewood Dr
Waldorf, MD 20601
Packet Page 28

Page 5 of 5 ends

Dated: _____________ City of Seaside:
_______________________
By: Jaime M. Fontes
Title: City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Consultant’s Proposal
DocuSign Envelope ID: 1A851029-9F02-4D4E-B8D0-EBB6359C1FD0 Packet Page 29

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
DATE: March 21, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING A SPECIAL COUNSEL

CONTRACT TO ATTORNEY DON FREEMAN AND AUTHORIZING

THE CITY ATTORNEY TO EXECUTE THE CONTRACT

RECOMMENDATION
Adopt a resolution approving special counsel contract and authorizing the City Attorney to execute the contract

BACKGROUND
The City from time to time requires the assistance of outside counsel to address special projects, investigations and/or address certain conflicts of interest that may exist within the City. This contract allows the City to utilize the services of Attorney Donald Freeman. Mr. Freeman also has an existing contract dated 6/6/2022 that had a cost cap of $24,000. This agreement will amend that agreement to remove the cost cap and authorizes Attorney Freeman to submit any billing pursuant to that contract in excess of the cost cap. The new contract also provides additional clarifications related to noticing of the City and clarifying the scope of services that Attorney Freeman might provide to the City.

FISCAL IMPACT
Variable as needed.

ATTACHMENTS

1. Resolution - Contract Approval

2. Exhibit A- City of Seaside and Donald G. Freeman
Packet Page 30

Item No. 8.D. Page 2 of 2
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 31
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION APPROVING SPECIAL COUNSEL CONTRACT AND

AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE CONTRACT
WHEREAS, from time to time the City Council requires the assistance of outside special counsel to address special projects, investigations and/or address certain conflicts of interest that may exist within the City; and WHEREAS, the City Council has retained and continues to retain special counsel Donald Freeman to perform specialized services as requested by the City Council; and
WHEREAS, Attorney Freeman has a valid contract dated June 6, 2022 which had a cost cap of $24,000 and the City Council hereby intends to remove the cost cap and ratify any billing made by Attorney Freeman pursuant to that agreement which is in excess of the cost cap; and
WHEREAS, the City Council specifically adopted Resolution 20-87 which authorized the City Attorney to sign such contracts.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approves the contract attached hereto, ratifies any billing made by Attorney Freeman pursuant to the June 6, 2022 agreement in excess of the cost cap and authorizes the City Attorney to execute the contract.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 21st day of March, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
__________________________
Ian N. Oglesby, Mayor
ATTEST:

Packet Page 32
___________________________
Dominique Davis, City Clerk
APPROVED AS TO FORM:
____________________________
Sheri L. Damon, City Attorney
Packet Page 33

EMPLOYMENT AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into this ______ day of __________, by and between the CITY OF SEASIDE, hereinafter referred to as “CITY”, and DONALD G. FREEMAN of the law offices of Perry and Freeman, hereinafter referred to as “ATTORNEY”.

A. Term.

The term of this Agreement shall commence on March 21, 2024, on an asneeded basis until terminated by other party upon five (5) business days written notice.

B. Amendments of Prior Agreements.

This Agreement hereby amends that certain agreement dated June 6, 2022 to remove the $24,000 cost cap and ratifies and authorizes any billing by ATTORNEY pursuant to that agreement that may exceed the $24,000 cap.

C. Compensation.

ATTORNEY will provide general legal services to CITY at a rate of $375.00 per hour.

C. Reimbursement of Costs.

ATTORNEY shall be reimbursed for actual out-of-pocket expenses and costs advanced or paid on behalf of the CITY, including court reporter fees and chargers, court costs, and costs of outside investigators or experts pertaining to CITY litigation. When specifically required to travel out of the county to conduct CITY related business expenses shall be billed as actual out-of-pocket costs unless otherwise negotiated. There will be no charge for actual travel time.

D. Legal Services.

Legal advice and legal opinions to CITY on general municipal matters, including but not limited to, litigation, administrative investigations, retain investigators, administrative hearings, land use, water and economic matters as maybe requested from time to time by CITY through either City Council, the City Attorney or in the case that the City Attorney refers it to the City Manager due to a conflict.

E. Independent Contractor.

Packet Page 34
ATTORNEY shall perform requested legal services under this Agreement as an independent contractor.

F. Notices.

All notices herein provided to be given, or which may be given by either party to the other, shall be considered fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows:

CITY: ATTORNEY:

City of Seaside Donald G. Freeman
440 Harcourt Avenue Perry and Freeman
Seaside, CA 93955 P.O. Box 805
Attn: City Attorney Carmel, CA 93921
E-mail copy to [email protected]
G. Immunity.

As an authorized representative of CITY, ATTORNEY shall be recognized as having rights to any immunity CITY is entitled to. In no event shall any duties contained in this Agreement, or otherwise herein, negate any legal protections or immunities available to the parties under local, state or federal law.

H. Corporate Authority.

The person executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date hereinabove written.

CITY ATTORNEY
______________________ ______________________
SHERI L. DAMON DONALD G. FREEMAN
City Attorney
Packet Page 35
Packet Page 36

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: March 21, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PURCHASE

AGREEMENT WITH SALINAS VALLEY FORD FOR A DUMP TRUCK
IN THE AMOUNT OF $95,755.00 FOR USE BY THE

MAINTENANCE AND UTILITIES DIVISION

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a purchase agreement with Salinas Valley Ford for a dump truck for an amount not to exceed $95,755.00.

BACKGROUND
The Maintenance and Utilities Division budgeted $20,000 in five different sections accounts for a total of $100,000.00 for the purchase of a dump truck in the 2023/24 Fiscal Year.

On March 7, 2024, the City Council approved to purchase a used dump truck from Salinas Valley Ford in the amount of $88,746.00. Unfortunately, right after the Council approved the item, the used dump truck got sold to another customer.

The Maintenance and Utilities Division is requesting again to purchase a dump truck from Salinas Valley Ford for use by the maintenance staff in support of five Divisions within the Department to include the Presidio of Monterey Annex (POMA) Contract, with the federal government. The dump truck will generate revenue from the POMA account through equipment rental rates billed when used in support of the contract.

The Maintenance and Utilities Division looked into purchasing a new dump truck. Three dealers in the Seaside Auto Center were contacted. Ford could not locate one and directed staff to Salinas Valley Ford. Salinas Valley Ford provided the attached proposal for the purchase of a dump truck. The other two dealers were unable to locate a new Packet Page 37

Item No. 8.E. Page 2 of 2
dump truck.

The dump truck is a 2024 Ford-550 SD Regular Cab Truck with a dump bed for $95,755.00. The prices shown above include all applicable fees and taxes.

FISCAL IMPACT
If the City Council authorizes the purchase of the used dump truck, the fiscal impact will be $19,151.00 from each of the following Maintenance and Utilities Division accounts, 8187 Department Equipment: 100 8420 Parks, 210 8110 Streets, 271 8110 Storm Water, 401 8620 Water and 951 8820 Sanitation for the total purchase price of $95,755.00.

ATTACHMENTS

1. Resolution

2. Proposal from Salinas Valley Ford
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 38
Meeting Date: 3/18/24
Item #:

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF A DUMP TRUCK FROM SALINAS VALLEY FORD IN THE AMOUNT OF $95,755.00 FOR USE BY

THE MAINTENANCE AND UTILITIES DIVISION
WHEREAS, the City of Seaside is committed to providing excellent municipal services to the residents of Seaside; and
WHEREAS, dump trucks are used to provide services in support of this commitment; and
WHEREAS, the City of Seaside owned and operated a 1989 dump truck of the same size as a 2024 Ford-550 SD Truck with a dump bed; and WHEREAS, the dump truck incurred and was in need of substantial repairs which created significant down time; and
WHEREAS, the existing Public Works Maintenance Division dump truck, is at the end of its useful life and requires replacement; and
WHEREAS, purchase of a dump truck would support the department’s commitment of providing excellent municipal service; and WHEREAS, On March 7, 2024, the City Council approved to purchase a used dump truck from Salinas Valley Ford in the amount of $88,746.00. Unfortunately, right after the Council approved the item, the used dump truck got sold to another customer; and
WHEREAS, The Maintenance and Utilities Division budgeted $20,000 in five different section accounts for a total of $100,000.00 for the purchase of a dump truck in the 2023/24 Fiscal Year; and
WHEREAS, Salinas Valley Ford has a 2024 Ford-550 SD Truck with a dump bed for a price of $95,755.00.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorizes the City Manager to execute a purchase agreement for an amount not to exceed $95,755.00 for the purchase of a Ford-550 SD Dump Truck from Salinas Valley Ford.

BE IT FURTHER RESOLVED, the City Council of the City of Seaside does hereby Packet Page 39
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rescind Resolution No. 24-21 which previously approved the used dump truck in the amount of $88,746.00.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 21st day of March, 2024, by the following vote:

Leyton Felix
Office: 831-444-4485
Quote ID: 4X4DMP550
Date: 03/11/2024
Salinas Valley Ford Trucks | 1100 Auto Center Cir , Salinas, CA, 93907 Office: 831-444-4485 | Fax: 831-758-9053
Packet Page 41
1 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared by: Leyton Felix
03/11/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 93907 2024 F-550 Chassis 4x4 SD Regular Cab 169" WB DRW XL (F5H) Price Level: 425 | Quote ID: 4X4DMP550
Re: Quote ID 4X4DMP550 03/11/2024
To Whom It May Concern,
Thank you very much for your interest in acquiring a vehicle from our dealership. We concur that your interest is well deserved. We hope that an outstanding product lineup and our dedication to customer service will enhance your ownership experience should you decide to buy a vehicle from us.

Attached, please find additional information that I hope will assist you in making a more informed decision.

Please feel free to contact me at any time as I would truly appreciate the opportunity to be of service to you.

Sincerely,
Leyton Felix
Packet Page 42
2 Prepared by: Leyton Felix
03/11/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 93907 2024 F-550 Chassis 4x4 SD Regular Cab 169" WB DRW XL (F5H) Price Level: 425 | Quote ID: 4X4DMP550
Table of Contents
Description Page
Cover Page 1
Cover Letter 2
Table of Contents 3
As Configured Vehicle 4
Pricing Summary - Single Vehicle 7
Window Sticker 9
Packet Page 43
3 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared by: Leyton Felix
03/11/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 93907 2024 F-550 Chassis 4x4 SD Regular Cab 169" WB DRW XL (F5H) Price Level: 425 | Quote ID: 4X4DMP550
As Configured Vehicle
Code Description MSRP
Base Vehicle
F5H Base Vehicle Price (F5H) $57,420.00
Packages
660A Order Code 660A N/C
Includes:
- Engine: 7.3L 2V DEVCT NA PFI V8 Gas
- Transmission: TorqShift 10-Speed Automatic
10R140 with neutral idle. Includes SelectShift and selectable drive modes: normal, tow/haul, eco, slippery roads and off-road.
- Tires: 225/70Rx19.5G BSW A/P
- Wheels: 19.5" x 6" Argent Painted Steel
Hub covers/center ornaments not included.
- HD Vinyl 40/20/40 Split Bench Seat
Includes center armrest, cupholder, storage, 2-way adjustable driver/passenger headrests and driver's side manual lumbar.
- Radio: AM/FM Stereo w/MP3 Player
Includes 4 speakers.
- SYNC 4 Communications & Entertainment System
Includes enhanced voice recognition, 911 Assist, 8" LCD center stack screen, AppLink, 1 smartcharging USB port and trailer brake controller.

Powertrain
99N Engine: 7.3L 2V DEVCT NA PFI V8
Gas
Included
44G Transmission: TorqShift 10-Speed
Automatic
Included
10R140 with neutral idle. Includes SelectShift and selectable drive modes: normal, tow/haul, eco, slippery roads and off-road.

X8L Limited Slip w/4.88 Axle Ratio $395.00
68M GVWR: 19,500 lb Payload Plus
Upgrade Package
$1,155.00
Includes upgraded frame, rear-axle and low deflection/high capacity rear springs. Increases max RGAWR to 14,706 lbs. Note: See Order Guide Supplemental Reference for further details on GVWR.

Wheels & Tires
TGJ Tires: 225/70Rx19.5G BSW A/P Included
64Z Wheels: 19.5" x 6" Argent Painted
Steel
Included
Hub covers/center ornaments not included.

Packet Page 44
4 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared by: Leyton Felix
03/11/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 93907 2024 F-550 Chassis 4x4 SD Regular Cab 169" WB DRW XL (F5H) Price Level: 425 | Quote ID: 4X4DMP550
As Configured Vehicle (cont'd)
Code Description MSRP
Seats & Seat Trim
A HD Vinyl 40/20/40 Split Bench Seat Included
Includes center armrest, cupholder, storage, 2-way adjustable driver/passenger headrests and driver's side manual lumbar.

Other Options
PAINT Monotone Paint Application STD
169WB 169" Wheelbase STD
STDRD Radio: AM/FM Stereo w/MP3 Player Included
Includes 4 speakers.

Includes:
- SYNC 4 Communications & Entertainment System
Includes enhanced voice recognition, 911 Assist, 8" LCD center stack screen, AppLink, 1 smartcharging USB port and trailer brake controller. 96V XL Chrome Package $225.00
Includes:
- Chrome Front Bumper
- Bright Grille
- Remote Start
- Halogen Fog Lamps
41P Transfer Case Skid Plates $100.00
61J 6-Ton Hydraulic Jack $55.00
86M Dual 68 AH/65 AGM Battery $210.00
18B Platform Running Boards $320.00
872 Rear View Camera & Prep Kit $415.00
Pre-installed content includes cab wiring and frame wiring to the rear most cross member. Upfitters kit includes camera with mounting bracket, 20' jumper wire and camera mounting/aiming instructions.

Fleet Options
WARANT Fleet Customer Powertrain Limited
Warranty
N/C
Requires valid FIN code.

Packet Page 45
5 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared by: Leyton Felix
03/11/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 93907 2024 F-550 Chassis 4x4 SD Regular Cab 169" WB DRW XL (F5H) Price Level: 425 | Quote ID: 4X4DMP550
As Configured Vehicle (cont'd)
Code Description MSRP
Ford is increasing the 5-year 60,000-mile limited powertrain warranty to 5-years, 100,000 miles.

Only Fleet purchasers with a valid Fleet Identification Number (FIN code) will receive the extended warranty. When the sale is entered into the sales reporting system with a sales type fleet along with a valid FIN code, the warranty extension will automatically be added to the vehicle. The extension will stay with the vehicle even if it is subsequently sold to a non-fleet customer before the expiration.

This extension applies to both gas and diesel powertrains. Dealers can check for the warranty extension on eligible fleet vehicles in OASIS. Please refer to the Warranty and Policy Manual section 3.13.00 Gas Engine Commercial Warranty. This change will also be reflected in the printed Warranty Guided distributed with the purchase of every new vehicle.

Emissions
425 50-State Emissions System STD
Exterior Color
Z1_01 Oxford White N/C
Interior Color
AS_03 Medium Dark Slate w/HD Vinyl
40/20/40 Split Bench Seat
N/C
Upfit Options
0066 ENOVEN DUMP $26,775.00
SUBTOTAL $87,070.00
Destination Charge $1,995.00
TOTAL $89,065.00
Packet Page 46
6 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared by: Leyton Felix
03/11/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 93907 2024 F-550 Chassis 4x4 SD Regular Cab 169" WB DRW XL (F5H) Price Level: 425 | Quote ID: 4X4DMP550
Pricing Summary - Single Vehicle
MSRP
Vehicle Pricing
Base Vehicle Price $57,420.00
Options $2,875.00
Colors $0.00
Upfitting $26,775.00
Fleet Discount $0.00
Fuel Charge $0.00
Destination Charge $1,995.00
Subtotal $89,065.00
Pre-Tax Adjustments
Code Description MSRP
0001 Fleet & SVF Discount -$2,000.00
Fleet & SVF Discount
Subtotal $87,065.00
Sales Taxes
Code Description MSRP
0388 Sales Tax 9.25% $8,061.38
Subtotal $95,126.38
Post-Tax Adjustments
Code Description MSRP
5454 DOC FEE $85.00
EDF ELECTRONIC FILING FEE $33.00
TIRE FEE TIRE FEE $10.50
1234 catalytic converter etching $500.00
Subtotal $95,754.88
Total $95,754.88
Packet Page 47
7 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared by: Leyton Felix
03/11/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 93907 2024 F-550 Chassis 4x4 SD Regular Cab 169" WB DRW XL (F5H) Price Level: 425 | Quote ID: 4X4DMP550
Pricing Summary - Single Vehicle
Customer Signature Acceptance Date
Packet Page 48
8 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared by: Leyton Felix03/11/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 939072024 F-550 Chassis 4x4 SD Regular Cab 169" WB DRW XL (F5H)Price Level: 425 | Quote ID: 4X4DMP550Major Equipment(Based on selected options, shown at right) Exterior: Oxford White10-speed automatic Interior: Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat
* Running boards * 19.5 x 6-inch front and dual rear argent steel wheels
* Front tires LT load rating: G * LT225/70RS19.5 AS BSW front and rear tires* Overdrive transmission * Lock-up transmission* Transmission electronic control * PTO transmission provision* Alternator Amps: 250A * Stainless steel single exhaust* Driveline managed traction control * Battery rating: 750CCA* Dual lead acid battery * Battery run down protection* Injection Type: sequential MPI * Auxiliary power take-off* Fuel tank capacity: 40.00 gal. * 8 inch primary LCD display* Steering wheel mounted audio controls * Wireless audio streaming* AM/FM stereo radio * Seek scan* SYNC 4 external memory control * Vehicle body length: 254.8"* Wheelbase: 169.0" * Cab to axle: 84.0"* Axle to end of frame: 47.2" * Axle capacity rear: 14,706 lbs.* Tire/wheel capacity rear: 15,000 lbs. * Axle capacity front: 7,000 lbs.* Spring rating front: 5,600 lbs. * Firm ride suspension* Trip computer * Power door mirrors* Heated driver and passenger side door mirrors * Manual folding door mirrors* DRL preference setting * Daytime running lights As Configured Vehicle MSRPSTANDARD VEHICLE PRICE $57,420.00Order Code 660A N/CEngine: 7.3L 2V DEVCT NA PFI V8 Gas IncludedTransmission: TorqShift 10-Speed Automatic IncludedTires: 225/70Rx19.5G BSW A/P IncludedWheels: 19.5" x 6" Argent Painted Steel IncludedHD Vinyl 40/20/40 Split Bench Seat IncludedMonotone Paint Application STD169" Wheelbase STDRadio: AM/FM Stereo w/MP3 Player IncludedFleet Customer Powertrain Limited Warranty N/C50-State Emissions System STDSYNC 4 Communications & Entertainment System IncludedOxford White N/CMedium Dark Slate w/HD Vinyl 40/20/40 Split Bench SeatN/CPlatform Running Boards $320.006-Ton Hydraulic Jack $55.00Transfer Case Skid Plates $100.00Dual 68 AH/65 AGM Battery $210.00 Packet Page 49
9 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared by: Leyton Felix03/11/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 939072024 F-550 Chassis 4x4 SD Regular Cab 169" WB DRW XL (F5H)Price Level: 425 | Quote ID: 4X4DMP550Major Equipment* Light tinted windows * Variable intermittent front windshield wipers* Driver front impact airbag * Seat mounted side impact driver airbag* Cancellable front passenger air bag * Seat mounted side impact front passenger airbag
* 6 airbags * SecuriLock immobilizer* Manual climate control * 40-20-40 split-bench front seat* Split-bench front seat * Driver seat with 4-way directional controls* Front passenger seat with 4-way directional controls
* Height adjustable front seat head restraints
* Manual front seat head restraint control * Front seat center armrest* Front seat armrest storage * Manual reclining driver seat* Manual driver seat fore/aft control * Manual reclining passenger seat* Manual passenger seat fore/aft control * Vinyl front seat upholstery* Vinyl front seatback upholstery * Manual driver seat lumbar* 4-wheel disc brakes * 4-wheel antilock (ABS) brakes* Brake assist system * Hill Start AssistFuel Economy City
N/A
Hwy
N/A
As Configured Vehicle MSRPXL Chrome Package $225.00Chrome Front Bumper IncludedBright Grille IncludedRemote Start IncludedHalogen Fog Lamps IncludedRear View Camera & Prep Kit $415.00GVWR: 19,500 lb Payload Plus Upgrade Package $1,155.00Limited Slip w/4.88 Axle Ratio $395.00 SUBTOTAL $60,295.00
Destination Charge $1,995.00
TOTAL $62,290.00
Packet Page 50
10 CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Romeo Herrera, Chief Building Official
DATE: March 21, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

SIGN A CONTRACT WITH WEST COAST CODE CONSULTANTS,
INC. IN AN AMOUNT NOT TO EXCEED $100,000.00 TO

PROVIDE BUILDING AND SAFETY SERVICES TO THE BUILDING

AND CODE ENFORCEMENT DEPARTMENT

RECOMMENDATION
It is recommended that the City Council Authorize the City Manager to sign a contract with West Coast Code Consultants, Inc. in the amount not to exceed $100,000.00 to provide building and safety services to the Building and Code Enforcement Department.

BACKGROUND
Building, Safety and Code Enforcement Services requires staff with specialized knowledge and expertise in various areas of design and construction related to building code standards. These areas include but are not limited to architectural, structural, fire-safety, accessibility/CASp (Certified Access Specialist), energy, mechanical, electrical and plumbing.

The City, on occasion, is in need of consultants who specialize in these fields to provide additional technical support for City staff. With multiple small, medium and large projects in the queue, the City is in need of additional building, safety and code enforcement services to augment our current staff in providing plan check, field inspection, and permitting services.

On December 28, 2023 a Request for Qualifications for Building and Safety Services was advertised to create an on-call list of consultants. On February 1, 2024 the on-call list was approved by the City Council, Resolution 24-07.

Packet Page 51

Item No. 8.F. Page 2 of 2

FISCAL IMPACT
The funding for Building and Safety Services Contract are within the Building and Code Enforcement Services Department Budget for this fiscal year. The funds are encumbered as follows: $80,000.00 from budget number 100-07210-2073 and $20,000.00 from budget number 100-7220-2073.

ATTACHMENTS

1. PSA_Building and Safety Services- FINAL Packet

2. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 52
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CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT FOR

BUILDING & SAFETY SERVICES
This PROFESSIONAL SERVICE AGREEMENT (PSA) FOR BUILDING AND SAFETY SERVICES (“AGREEMENT”), is made and effective as of March 01, 2024 between the City of Seaside ("AGENCY"), a municipal corporation and West Coast Code Consultants, Inc. ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This AGREEMENT shall commence on March 01, 2024 and shall remain and continue in effect until tasks described herein are completed, but in no event later than one (1) year with the option to extended for two (2), six month terms OR unless sooner terminated pursuant to the provisions of this AGREEMENT.

II. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing.

III. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

IV. AGENCY MANAGEMENT
Agency’s Chief Building Official shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to CONSULTANT. Agency’s Manager shall be authorized to act on AGENCY's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change CONSULTANT's compensation, subject to Section V hereof.

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V. PAYMENT
A. The AGENCY agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.

This amount shall not exceed One Hundred Thousand Dollars ($100,000.00) for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and CONSULTANT at the time AGENCY's written authorization is given to CONSULTANT for the performance of said services.

C. CONSULTANT will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.

VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT at least ten (10) days prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the AGENCY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work Packet Page 54
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performed is of value to the AGENCY. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the AGENCY pursuant to Section V.

VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.

B. If the Agency Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by AGENCY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

CONSULTANT shall provide free access to the representatives of AGENCY or its designees at reasonable times to such books and records; shall give AGENCY the right to examine and audit said books and records; shall permit AGENCY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with Packet Page 55
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supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

IX. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless AGENCY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or sub consultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless AGENCY shall not extend to the AGENCY’s sole or active negligence.

B. Duty to defend
In the event the AGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by AGENCY, CONSULTANT shall defend the AGENCY at CONSULTANT’s cost or at AGENCY’s option, to reimburse AGENCY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and AGENCY, as to whether liability arises from the sole or active negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be obligated to pay for AGENCY’s defense until such time as a final judgment has been entered adjudicating the AGENCY Packet Page 56
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as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT.

XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the AGENCY a wholly independent consultant and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.

B. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, AGENCY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for AGENCY. AGENCY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.

XII. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at all times observe and comply with all such laws and regulations. The AGENCY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.

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XIII. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the AGENCY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the AGENCY has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT.

Violation of this Section shall be a material breach of this AGREEMENT entitling the AGENCY to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of AGENCY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this AGREEMENT.

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without AGENCY's prior written authorization.

CONSULTANT, its officers, employees, agents, or sub consultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the AGENCY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives AGENCY notice of such court order or subpoena.

B. CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the AGENCY, unless the AGENCY is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law Packet Page 58
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from informing the AGENCY of such Discovery. AGENCY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless AGENCY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with AGENCY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, AGENCY's right to review any such response does not imply or mean the right by AGENCY to control, direct, or rewrite said response.

XVI. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To AGENCY: City of Seaside
Romeo Herrera, Chief Building Official
440 Harcourt Avenue
Seaside, CA 93955
To CONSULTANT: West Coast Code Consultants, Inc.

Donald Zhao, Vice President, Regional Manager
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
XVII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the AGENCY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. West Coast Code Consultants, Inc., may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide AGENCY fourteen (14) day’s notice prior to the departure of Donald Zhao from CONSULTANT's employ. Should he/she leave CONSULTANT's employ, the AGENCY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT's sole Packet Page 59
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compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the CONSULTANT. Before retaining or contracting with any CONSULTANT for any services under this AGREEMENT, CONSULTANT shall provide AGENCY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such sub-consultant which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance.

XVIII. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT.

XIX. GOVERNING LAW
The AGENCY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement.

Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY.

XX. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this AGREEMENT or with respect to the terms and conditions of this AGREEMENT, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of AGENCY's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the CONSULTANT, Exhibit "E" hereto. In the event of conflict, the requirements of AGENCY's Request for Proposals and this AGREEMENT shall take precedence over those contained in the CONSULTANT's Packet Page 60
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proposals. The incorporation of the CONSULTANT’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between CONSULTANT and/or AGENCY, unless expressly agreed to in writing.

XXII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CONSULTANT
By:___________________
Donald Zhao
Vice President
West Coast Code Consultants, Inc.
______________________
Jaime M. Fontes
City Manager
City of Seaside
Attachments: Exhibit A Tasks to Be Performed
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
Exhibit D Request for Proposal
Exhibit E Consultant’s Proposal
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EXHIBIT A

TASKS TO BE PERFORMED
The ultimate scope of the services and list of deliverables will be determined when such services are requested on a task-by-task/project level basis. • Building and Safety Services in-house staffing for office coverage, residential and commercial plan checks, related to California Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards and Energy Codes (including Residential Fire Sprinklers and Disabled Access requirements).
• Residential and commercial building inspections.
• Third party commercial and residential Plan Check for California Building, Residential, Electrical, Plumbing, Mechanical Green Building Standards and Energy Codes (including Residential Fire Sprinklers and Disabled Access requirements). • Contract Building Inspection Services (combination) short or long-term assignments. • Certified Accessibility Specialist availability.
• Contract Code Enforcement Services
• Senior Combination Building Inspectors
• Certified and experienced Permit Technicians
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EXHIBIT B

PAYMENT AND RATE SCHEDULE
CONSULTANT will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.

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Teaming with Your Community to Make a Difference | www.WC-3.com ii Proposed Fee Schedule
WC3 Proposed Fee and Rate Schedule
*Additional notes and details included on the subsequent page.

FIXED FEE / CONTRACT RATES
Comprehensive Plan Review 65% of Plan Review Fees
Structural Only Plan Review 40% of Plan Review Fees
Revisions, Deferred Submittals, RFI's etc. As Per Hourly Rates Below Minimum Plan Review for Fixed Fee Projects $280 (2-Hour Minimum Rate) Expedited Plan Review 150% of Contract Rates
Electronic Plan Review / Auto Coordination No Additional Cost HOURLY RATES*
Certified Accessobility Specialist Plan Reviewer / Inspector $155.00 / Hour Plan Review Structural Engineer (Registered SE) $155.00 / Hour Plan Review Engineer (Registered PE) $150.00 / Hour
Building Plans Examiner $140.00 / Hour
Fire Plans Examiner $145.00 / Hour
ICC Certified Senior Building Inspector $140.00 / Hour
ICC Certified Building Inspector III $130.00 / Hour
ICC Certified Building Inspector II (Commercial) $120.00 / Hour ICC Certified Building Inspector I (Residential) $110.00 / Hour Permit Technician / Administrative Support $90.00 / Hour Expedited Plan Review 150% of Hourly Rates
PREVAILING WAGE HOURLY RATES**
Prevailing Wage Rate of Inspectors $184.00 / Hour

MISCELLANEOUS SERVICES
Reimbursable Expenses At Cost + 10%
Courier / Delivery Expenses No Additional Cost
Mileage Expenses IRS Standard Rate
Trip Fee Staff Hourly Rate + IRS Standard Rate***
WC3 proposes the following rates based on a percentage of the plan review fees collected by the City of Seaside.

A listing of hourly rates additionally depicts rates proposed for all field inspection, miscellaneous and personnel assigned to this project.

Continued on next page...

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Annual Hourly Rate Adjustment - WC3’s proposed hourly rates are applicable through June 30, 2024. Hourly rates are subject to an annual increase based on a minimum 3% cost-of-living, the Engineering News Record’s (ENR) Construction Cost Index (CCI), or the Consumer Price Index - Urban (CPI-U); whichever is greater.

Fixed Fee Plan Review Services - Plan check services include an initial review, second review and minor third review (if needed) for approval of the plans. Any additional time required beyond the third plan review will be billed on an hourly basis, with prior approval by the City.

Preliminary, Revisions and Deferred Submittals - Preliminary plan reviews, review of revisions after a project has been approved, review of shop drawings, and review of deferred submittals, etc. will be completed on an hourly basis with a minimum charge of 2-hours and a mutually acceptable not-to-exceed amount.

Expedited Plan Review - Expedited plan review may be accommodated upon request with 24 hours notice. This service will be accommodated for both percentage based and fixed fee/contract rate packages, as well as for hourly rate contracts and services.

Electronic Plan Review - Electronic plan review services will be performed for percentage based plan review services facilitated off-site at WC3 office locations, as well for hourly plan review projects associated with inhouse City services. WC3 will automatically coordinate all processes.

Prevailing Wage Assignments - Proposed hourly rates for Inspection Services are not applicable to prevailing wage assignments. Any prevailing wage assignment rates submitted to the jurisdiction will comply with State of California's Department of Industrial Relations (DIR) regulations.

On-Site, In-House or Inspection Services - On site or in-house services (plan review, permit technician, CBO services) will be provided in eight (8) hour segments. An eight (8) hour minimum is required for all requested inspection services.

Overtime - On-site, in-house or inspection services more than forty (40) hours a week, overtime work, holiday work, weekend work, etc. will be invoiced as follows:
• Overtime – One hundred fifty percent (150%) of regular rates. Overtime is defined as working more than forty (40) hours a week, more than eight (8) hours a day or more than six (6) consecutive days in a week. • Double Overtime – Two hundred percent (200%) of regular rates. Double overtime is defined as working more than twelve (12) hours a day or working more than eight (8) hours on the seventh consecutive day of work.
• Holidays and Weekends – Two hundred percent (200%) of regular rates.

Reimbursable Expenses - Reimbursable expenses (i.e. specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost + 10% mark up.

Courier / Delivery Expenses - Should the need arise, WC3 will use our established shipping service to pick up documents for courier/delivery to and from our WC3 office(s) at no additional cost.

Mileage Expenses - When applicable, reimbursements for mileage are for the use of personal automobiles within the City’s limits, typically Building Inspectors. Reimbursements for mileage are applicable to the staff hourly rate plus the Internal Revenue Service’s (IRS) standard mileage rate.

Trip Fee - A trip fee will be applicable each way for all on-site consultations required for plan review, staff augmentation, or inspections. Trip fee expenses are applicable to the staff hourly rate plus the Internal Revenue Service's (IRS) standard mileage rate.

Invoicing Procedures - At the beginning of each month, WC3 will furnish an invoice and a statement of the work performed for compensation during the preceding month. Such statement will also include a detailed record, if applicable, of the month's actual reimbursable and mileage expenditures. *
***
**
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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of AGENCY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to AGENCY.

Note: Verify minimum limit for each coverage with Risk Manager.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.

Note: May need to delete workers' compensation and employer's liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to AGENCY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of AGENCY, its officers, agents, employees and volunteers.

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Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

Umbrella or excess liability insurance. [Optional depending on limits required].

CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to AGENCY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with AGENCY at all times during the term of this contract. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or sub consultants.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by AGENCY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of AGENCY before the AGENCY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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Agency’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONSULTANT or AGENCY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, AGENCY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against AGENCY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to AGENCY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

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Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy (ies) shall not contain any cross-liability exclusions.

Pass through clause. CONSULTANT agrees to ensure that its sub consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.

Agency’s right to revise specifications. The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the AGENCY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY. AGENCY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by AGENCY.

Timely notice of claims. CONSULTANT shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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EXHIBIT D

REQUEST FOR PROPOSAL
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REQUEST FOR QUALIFICATIONS

FOR PROFESSIONAL

ON-CALL CONSULTANTS - BUILDING SERVICES
DECEMBER 28, 2023
The City of Seaside, hereinafter (City) is requesting proposals from qualified Building and Safety (Consultant) firms in response to this Request for Qualifications (RFQ) to provide professional services and staff augmentation to support the following:
 On-call consulting services for the Building Division;  On-call Building Services related activities ( i.e. counter staffing, permit issuance);  Building and Safety related activities
The selected Consultant will be responsible for providing staff augmentation services in various areas of the Building Department. The City of Seaside intends to create an “On Call” list to provide Building and Safety augmentation services. Consultants will be selected based on the responses to this RFQ.

I. BACKGROUND
The City of Seaside is located approximately 115 miles south of San Francisco and 73 miles south of San Jose. The City of Seaside encompasses a total area of approximately nine square miles.

Seaside is the largest city on the Monterey Peninsula with 33,878 residents. A large part of the City of Seaside's area, 6.44 square miles, lies within the former Fort Ord military base. From time to time, the City of Seaside may contract with outside consultants to augment staffing. This RFQ is intended to augment staffing for the Building Department.

II. PROPOSED SCOPE OF WORK
The City is seeking to develop a list of qualified “On-Call” Consultants to provide building and safety review support to support processing of various development applications and/or plans or to complete the preparation and processing of environmental documents required for compliance with the California Environmental Quality Act (CEQA) or building and safety related activities.

The list of projects may include, but is not limited to:

Building and Safety Services Related:
 Building and Safety Services in-house staffing for office coverage, residential and commercial plan checks, related to California Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards and Energy Codes (including Residential Fire Sprinklers and Disabled Access requirements).
 Residential and commercial building inspections.
 Third party commercial and residential Plan Check for California Building, Residential, Electrical, Plumbing, Mechanical Green Building Standards and Energy Codes (including Residential Fire Sprinklers and Disabled Access requirements).  Contract Building Inspection Services (combination) short or long-term assignments.

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2  Certified Access Specialist (CASp) availability.
 Contract Code Enforcement Services
 Senior Combination Building Inspector
 Certified and experienced Permit Technician
The selected Consultants will be on an “On-Call”, “As Needed” basis for a one (1) year period with an option to extend for one (1) year and a second option to extend for one (1) year, for a total three (3) year term.

The ultimate scope of the services and list of deliverables will be determined when such services are requested on a task-by-task/project level basis. A separate fee proposal will be required for each task/project requested including hourly rates and fixed fees. Consultants need not be capable of providing all of the listed services to receive a contract. State clearly the portion of the Scope of Services that the Consultant intends to provide.

It is anticipated that during the two (2) year term that the City will award a Task Order to an “On-Call” consultant who has/have best met requested task-by-task/project level qualifications and with whom the City has successfully completed negotiations regarding billing rates and fees. The actual contract amount is not to exceed $1,000,000 (one million dollars) and the amount of work may vary depending on the consultants’ qualifications and the amount of work needed by the City.

The ideal candidate has a good working knowledge of the following documents:

1. State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001- DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No.

CAS000004

2. City of Seaside Municipal Code

3. ALL of 2022 California Building Codes and documentation required to be provided/submitted to the Building Department as a project progresses from one phase into the next, including but not limited to Energy forms, special reports, field plan changes, as an example.

Attachment A contains a copy of the Standard Consultant Agreement, which includes standard terms and conditions and insurance requirements applicable to the performance of this work.

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3 III. FORM AND CONTENT OF PROPOSAL
Proposals should clearly state respondent’s qualifications. In reviewing the proposals, the City of Seaside considers the quality of the proposal to be reflective of the potential quality of the work the Consultant is able to perform. The ability of the Consultant to clearly and concisely convey information will be considered in the review process. Consultants are encouraged not to submit lengthy and overly wordy proposals.

The SOQ must be concise (maximum 15 pages) and include, at a minimum, the following information:

A) A brief description of the consultant’s firm, including the year the firm was established, type of organization (partnership, corporation, etc.), and a statement of the firm’s qualifications for performing the subject consulting services.

B) A summary of the qualifications and experience of each member proposed to provide professional services.

C) A project summary list with descriptions of the proposed team’s experience working for public entities.

D) A list of references of relevant clients, including a contact person with their current telephone number and email address.

All proposing firms must be professionally engaged in Building and Code Enforcement with experience in the public sector for a minimum of ten (10) years. At a minimum, Consultants must employ qualified individuals who are licensed and/or otherwise qualified in the following disciplines:

1. Contract Building Inspection Services

2. Permit Issuance

3. Code Enforcement

4. Third party commercial and residential Plan Check for California Building, Energy Codes (including Residential Fire Sprinklers and Disabled Access requirements).

IV. QUESTIONS AND ADDENDA
Please direct any questions you may have regarding this RFQ, including any request for the City of Seaside to issue a formal written clarification or correction of a discrepancy or an omission in this RFQ, via email to:

Romeo Herrera,
Chief Building Official
831-899-6733
[email protected]
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4 Any request for a formal written clarification or correction of a discrepancy or an omission in this RFQ must be received by the City of Seaside at least three (3) business days prior to the proposal due date. Any City of Seaside response to such a request will be made in the form of an addendum to this RFQ and will be sent by e-mail to all parties to whom this RFQ has been issued prior to the proposal due date. All addenda shall become part of this RFQ.

All correspondence from the City of Seaside for this RFQ will be by either email or regular mail. In order to ensure that all interested Consultants are notified of such clarifications or corrections, please provide your email and contact information to Mr. Herrera at the email address listed above if your firm intends to submit a Proposal.

V. SUBMITTAL OF PROPOSALS
Please submit three (3) hard copies and one (1) electronic copy in PDF format of your Proposal, identified on the outside of the envelope as "Proposal for Professional Services” to arrive at the City of Seaside’s offices not later than 4:30 p.m. Pacific Time on Friday, January 19, 2024 addressed as follows:

Mr. Romeo Herrera
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
(831) 899-6733
Proposals received by the City of Seaside after this deadline will not be accepted. Emailed submissions are acceptable but cannot contain zipped files or files larger than 5 Mbytes.

All material submitted in accordance with this RFQ becomes property of the City of Seaside and will not be returned.

VI. EVALUATION PROCESS
Agency staff will review each SOQ for completeness and content. Each SOQ will be evaluated based upon the relevant qualifications and experience of the consultant. Staff may conduct interviews if necessary. References will also be verified. The SOQ review will focus upon the following criteria and assigned points:

1. Organization: Does the firm offer the breadth and quality of services required for the types of services listed in the Scope of Work? - 20 points

2. Staff: Do the qualifications of key personnel to be assigned to the anticipated projects coincide with tasks listed in the Scope of Work? Do assigned personnel have requisite education, experience, and professional qualifications?- 20 points Packet Page 74
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5 3. Experience: Has the firm demonstrated the ability to successfully provide services for projects of a similar complexity and nature as described herein? - 20 points

4. Professional Standing: Are the firm’s references from past clients and associates favorable? Are deliverables submitted on time and within budget? - 10 Points

5. Proposal: Organization, presentation, and content of proposal. Conformance to the specified proposal format. - 15 Points

6. Responsiveness. Ability to perform services at City of Seaside City Hall at a fair and reasonable cost. Ability to respond to request for service in a timely manner. – 15 points Proposals will be ranked on the basis of qualifications. The City of Seaside may conduct interviews with some or all of the firms who submit proposals, or it may complete its evaluation based on the proposals alone. If interviews are conducted, firms selected for interview will be contacted at that time to arrange the date and time for their interview.

VII. SELECTION PROCESS
Based on staff recommendation, City Council will consider approval of consultant(s). The City Council may approve selected firms or choose to determine that no SOQ proposal exhibits adequate qualifications.

Upon the selection by the City Council, consultant(s) may or may not be called upon by the City of Seaside to provide services.

VIII. SCHEDULE
The anticipated schedule for award of this project is as follows:

Release of RFQ December 28, 2023
Receipt of Proposals January 19, 2024
Review/Rate Propposals January 22-23, 2024
Interview Consultant(s), if necessary January 25-26, 2024 Council approval of On-Call List February 15, 2024
Start of Contract February 28, 2024
IX. ACCEPTANCE OR REJECTION OF PROPOSAL
The City of Seaside reserves the right to accept or reject any and all proposals. The City of Seaside also reserves the right to waive any informality or irregularity in any Qualifications. Additionally, the City of Seaside may, for any reason, decide not to award an agreement as a result of this RFQ or cancel the RFQ process. The City of Seaside shall not be obligated to respond to any proposal submitted, nor be legally bound in any manner by the submission of the proposal. The City of Seaside will make a recommendation to the City Council regarding the selection of Consultant Packet Page 75
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6 based upon an evaluation of the proposals. The City of Seaside reserves the right to negotiate project deliverables and associated costs.

X. GENERAL DESCRIPTION OF PROPOSED AGREEMENT
Upon conclusion of the RFQ process, the City of Seaside will establish a list of Consultants with which the City may enter into negotiations for the assignments described. The selected Consultant shall enter into contract negotiations with the City of Seaside in substantial conformity with the selected proposal and the form of the Consultant Agreement, which is contained in Attachment A.

XI. INSURANCE REQUIREMENTS
The selected Consultant, at Consultant’s sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain all of the insurance requirements, as outlined in Attachment B.

All policies, endorsements, certificates, and/or binders shall be subject to approval by the City of Seaside as to form and content. The selected Consultant agrees to provide the City of Seaside with a copy of said policies, certificates and/or endorsements.

The selected Consultant shall satisfy these insurance requirements prior to approval of the Agreement. Please address any issues with respect to insurance requirements in your response to the corresponding question in the RFQ.

XII. EXAMINATION OF PROPOSED MATERIAL
The submission of a proposal shall be deemed a representation and certification by the Consultant that they have investigated all aspects of the RFQ, that they are aware of the applicable facts pertaining to the RFQ process, its procedures and requirements, and that they have read and understood the RFQ. No request for modification of the statement shall be considered after its submission on grounds that the Consultant was not fully informed as to any facts or condition.

XIII. PUBLIC NATURE OF PROPOSAL MATERIAL
Responses to this RFQ become the exclusive property of the City of Seaside. At such time as the City Manager recommends a Consultant to the City Council all proposals received in response to this RFQ become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Consultant as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City of Seaside shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.

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7 Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Seaside may not be in a position to establish that the information that a Consultant submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the City of Seaside will provide the Consultant who submitted the information with reasonable notice to allow the Consultant to seek protection from disclosure by a court of competent jurisdiction.

XIV. DISQUALIFICATION
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:

A. Evidence of collusion, directly or indirectly, by Consultants in regard to the amount, terms, or conditions of this proposal;
B. Any attempt to improperly influence any member of the selection staff; C. Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the City of Seaside;
D. Evidence of incorrect information submitted as part of the proposal; E. Evidence of Consultant’s inability to successfully complete the responsibilities and obligations of the proposal; and
F. Consultant’s default under any agreement, which results in termination of the Agreement.

XV. NON-CONFORMING PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFQ instructions and specifications. Any alteration, omission, addition, variance, or limitation of form or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City of Seaside.

XVI. PROHIBITION OF GIFTS
City of Seaside officials are subject to several legal and policy limitations regarding receipt of gifts from persons, firms, or corporations either engaged in business with the City of Seaside, or proposing to do business with the City of Seaside. The offering of any illegal gift shall be grounds to disqualify a Consultant. To avoid even the appearance of impropriety, Consultants should not offer any gifts or souvenirs, even of minimal value, to City of Seaside officers or employees. The Consultant shall be subject to the City of Seaside’s prohibition.

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Request for Qualifications
Building & Safety Services Staff Augmentation
8 XVII. NON-DISCRIMINATION/NON-PREFERENTIAL TREATMENT
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of Seaside contracts.

XVIII. ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions are applicable to this RFQ process:

A. It is anticipated that the award of the Agreement resulting from the RFQ shall include terms and conditions similar to those referenced in the City of Seaside’s Standard Consultant Agreement, attached. Exceptions proposed by the Consultant, if any, to the terms and conditions included in the City of Seaside’s Standard Consultant Agreement should be included in the proposal. The City of Seaside reserves the right to consider any proposal exceptions during its evaluation of the acceptability of a proposal.

B. This RFQ does not commit the City of Seaside to pay any costs incurred in the submission of the proposal or in making any necessary studies or analysis in preparation of submission of the proposal.

C. The City of Seaside reserves the right without limitation to:

1. Enter into an agreement with another Consultant in the event that the originally selected Consultant defaults or fails to execute an agreement with the City of Seaside;

2. Modify and re-issue the RFQ;

3. Take action regarding the RFQ as may be deemed to be in the best interest of the City of Seaside.

D. The City of Seaside reserves the right to verify any information provided during the RFQ process. The City of Seaside may contact references listed or any other person known to have contracted with Consultant.

E. An agreement shall not be binding or valid with the City of Seaside unless and until it is executed by authorized representatives of the City of Seaside and of the Consultant.

F. While it is the intent of the City of Seaside to proceed with this project, this solicitation does not obligate the City of Seaside to enter into an Agreement. The City of Seaside retains the right to cancel this RFQ at any time should the project be cancelled, the City of Seaside loses the required funding, or it is deemed in the best interest of the City of Seaside.

No obligation either expressed or implied, exists on the part of the City of Seaside to make an award or to pay any cost incurred in the preparation or submission of an RFQ.

G. Failure to execute the agreement within the time frame identified above shall be sufficient cause for voiding the award.

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Request for Qualifications
Building & Safety Services Staff Augmentation
9 H. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. If the selected respondent refuses or fails to execute the Agreement, the City of Seaside may award the contract to the next qualified highest ranked Respondent.

XIX. ATTACHMENTS
Attachment A – Sample Agreement
Attachment B – Insurance Requirements
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Building and Safety Services
Rev. 2/19 Page 17 of 18 COS Non-Construction PSA

EXHIBIT E
CONSULTANT’S PROPOSAL
Packet Page 80
West Coast Code Consultants, Inc.

PROJECT CONTACT:

Donald Zhao, PE, MCP, CBO
Vice President, Regional Manager
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
P: (650) 754-6353
C: (925) 997-4322
E: [email protected]

STATEMENT OF QUALIFICATIONS
Proposal Prepared for: City of Seaside, CA
Submitted by: Friday, January 19, 2024 @ 4:30 pm
On-Call Consultants
Building Services
West Coast Code Consultants, Inc.

South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
CALIFORNIA | UTAH | WASHINGTON | NEVADA | IDAHO
Teaming with Your Community to Make a Difference
Attn: Mr. Romeo Herrera
Chief Building Official
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
[email protected]
Photo Credit: https://www.ci.seaside.ca.us
Packet Page 81
January 19, 2024
Mr. Romeo Herrera
Chief Building Official
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
RE: Request for Qualifications - On-Call Consultants Building Services Attn: Mr. Romeo Herrera,
West Coast Code Consultants, Inc. (WC3) is thrilled to present our statement of qualifications to the City of Seaside, California City. We are offering our services to provide On-Call Consultants Building Services as necessary in support of the City.

WC3 has a proven track record of providing reliable support and excellent service for providing complete Building and Safety Services throughout California. We are confident in our ability to provide these important services to your City.

Our team of professionals includes licensed civil engineers, structural engineers, fire protection engineers, land surveyors, ICC-certified building officials, fire marshals, plans examiners, building and public works inspectors, permit technicians, and other experts. Our vast experience working on various civil, engineering, architectural, structural, mechanical, electrical, plumbing, solar, fire, and energy projects has provided WC3 with unparalleled knowledge of local codes and ordinances, State Codes, Federal Codes, and Standards.

Our combined experience, knowledge, and customer service are key to our performance. We are fully capable of meeting the staff augmentation, third-party plan check, building inspection, code enforcement and permitting needs for your projects. Our prime strategies for serving your agency are as follows:

X Provide accurate and responsive plan review, inspection, code enforcement, and permitting services to ensure compliance with applicable codes and standards.

X Provide the highest level of customer service and perform plan reviews and inspections that meet or beat standard turnaround times.

X Balance the need to ensure conformance to standards and regulations with the need for predictability, uniformity, and efficiency.

We thank you for your consideration and look forward to an opportunity of working together. We are confident in our ability to meet the needs of the City of Seaside and eager to deliver professional, thorough service with our diverse, experienced team. If you have any questions or require further information, please feel free to contact me, or our Vice President and Regional Manager, Mr. Donald Zhao, at anytime. He can be reached at:

Donald Zhao, PE, MCP, CBO - Vice President/Regional Manager West Coast Code Consultants, Inc. | South San Francisco Regional Office 417 Grand Avenue, Ste. 201 | South San Francisco, CA 94080 | P: (650) 754-6353 | E: [email protected] Sincerely,
Giyan Senaratne, PE, SE, LEED AP
Principal / CEO
5000 Executive Parkway, Suite 510 | San Ramon, CA 94583 | P: (925) 275-1700 | E: [email protected] | www.WC-3.com Cover Letter
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Teaming with Your Community to Make a Difference | www.WC-3.com iii Table of Contents
WEST COAST CODE CONSULTANTS, INC.

Donald Zhao, PE, MCP, CBO | P: (650) 754-6353 | E: [email protected] 417 Grand Avenue, Suite 201, South San Francisco, CA 94080 | www.WC-3.com Company Information 1
Qualifications and Experience 2
Project Summary 12
References 15
Appendix - Resumes 16
Photo Credit: https://www.ci.seaside.ca.us
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Teaming with Your Community to Make a Difference | www.WC-3.com 1 Company Information
Highlights
Firm Overview
West Coast Code Consultants, Inc. (WC3) is a
code compliance consulting firm, specializing in
comprehensive plan review, inspection and staff
augmentation services. Founded by Giyan Senaratne
in 2006, WC3 is not a subsidiary of any other firm. The company has experienced steady growth over the past
17 years and has evolved from a small central team in
California to an industry leader throughout the United
States. WC3 serves clients with 11 office locations in
six states and over 125 employees. Shall a contract
be awarded to our firm, our South San Francisco
Regional Office will primarily service the City of Seaside contract. No sub-contractors or sub-consultants will be utilized to perform the work.

Regional / Client Manager
Donald Zhao, PE, MCP, CBO - Vice President
P: (650) 754-6353 | [email protected]
Plan Review Manager
H. Zahra Fattah
P: (925) 275-1700 | [email protected]
Building Inspection Manager
H. Joe Rossbach, MCP, CBO
P: (650) 754-6353 | [email protected]

COMMUNICATION
Good communication
is a top priority in
providing good service.

WC3 staff members
assigned to the City of
Seaside projects will be
responsive and easy to
contact by email
and/or phone.

Our qualified team
performs a variety of
timely reviews, including:

Residential Developments
Commercial Occupancies
Tenant Improvements
Institutional Facilities
Essential Service Buildings
Medical Labs & Facilities
Public Works & More
WC3 has been
providing building
department services
and more for over a
decade. Each team
member working on the
City of Seaside projects
will have obtained all
requisite certifications
and licensing.

Staff Entity Federal ID/Tax ID
125 S-Corp 204707579
Corporate Office
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
P: (925) 275-1700 | F: (925) 275-0600
South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
P: (650) 754-6353 | F: (925) 275-0600
Recognition & Accomplishments
• ICC Preferred Education Provider (#1129)
• AIA Education Provider (#38839994)
• 2022, 2014 & 2010 ICC Chapter Industry
Awards for Excellence
• 2021, 2019 & 2015 ICC Chapter Education Awards
• 2019 ICC Chapter Permit Tech of the Year
• 2021 Plumbing Essentials Handbook Author
• 2021 & 2018 IBC Handbook Co-Author
• 2018 IEBC Handbook Author
• 2018 IRC Plan Review Course Developer
• 2018 IBC Structural/Non-Structural Plan
Review Course Developer

ON-TIME PLAN REVIEW QUALIFIED
Certification
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Teaming with Your Community to Make a Difference | www.WC-3.com 2 The WC3 team is comprised of licensed and certified...

General and Special Skills
WC3 has been serving local jurisdictions with complete plan review, inspection, staff augmentation and other comprehensive services for almost 17 years. The company was founded on a commitment to supporting municipalities with exceptional service, code expertise and creative problem-solving. The same guiding philosophy continues to serve our clients to this day and WC3 continues to thrive with the ability to adapt to each client’s needs. Whether it’s a 40-story high-rise, or a complex mixed-use commercial and residential occupancy, we’ve assisted coastal and inland cities throughout California with all types of projects—both large and small. Our team of highly qualified professionals is licensed, certified and understands all aspects of code. We strive to meet aggressive turnaround times to keep projects on schedule and always address questions and concerns in a polite and friendly manner.

When in-house teams are understaffed, require specific expertise on complex projects, or feel overwhelmed with a long list of projects, WC3 is available to handle all technical aspects or project overflow for your community. We serve in matters to help fulfill obligations and can join in on phone calls or meetings with city officials, employees or applicants. In many instances, our employees have served jurisdictions in a variety of roles, including administrative or front counter support, permit technicians, or to provide interim building official or third-party plan check services.

We strive for complete satisfaction and our remarkable employees are always ready to assist.

WC3 is recognized as an industry leader with a team who maintains a high level of skill and experience. Through our WC3 Academy, we are often invited to host live instructor training, as well as online, on-demand training courses in building safety and fire prevention for field and technical staff, nationally. We remain a leader in meeting everchanging industry standards and our employees are continually challenged to enhance their educations and pursue relevant certifications. This combination of experience, knowledge and customer service is the key to our success and helps us provide the very highest quality of service possible.

BUILDING SAFETY | FIRE PREVENTION | ENERGY & POWER
PUBLIC WORKS & CIVIL ENGINEERING | WC3 ACADEMY | ePROCESS360 Our Team
Structural Engineers
Civil Engineers
Fire Protection Engineers
Certified Fire Marshals
Certified Building Officials
Certified SWPPP Designers
Certified Accessibility Specialists
Certified Plans Examiners
Certified Building Inspectors
Certified Public Works Inspectors
Certified Fire Inspectors
Certified Permit Technicians
Qualifications and Experience
Building/Fire Plan Reviews
Civil/Public Works Plan Review
Code Interpretation
Code Enforcement
Building/Fire/Civil/Energy Inspection
Building Official/Fire Marshal Services
Administrative Services
Staff Augmentation
Code Training/Education
Online Permitting/Municipal
Software Solutions
And More!
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Teaming with Your Community to Make a Difference | www.WC-3.com 3 Qualifications and Experience (Continued)
Experience and Expertise to Address the Scope of Services WC3 strives to adapt to the styles and requirements of the jurisdictional clients we serve. Every community is unique, and our staff is trained to provide individualized support for each of our clients. We are confident in our ability to perform the duties outlined by the City of Seaside. If awarded a contract, WC3 will provide building and safety review support to support processing of various development applications and/or plans or to complete the preparation and processing of environmental documents required for compliance with the California Environmental Quality Act (CEQA) or building and safety related activities. The list of projects may include, but is not limited to:

Building and Safety Services:
• Building and Safety Services in-house staffing for office coverage, residential and commercial plan checks, related to California Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards and Energy Codes (including Residential Fire Sprinklers and Disabled Access requirements). • Residential and commercial building inspections.
• Third party commercial and residential Plan Check for California Building, Residential, Electrical, Plumbing, Mechanical Green Building Standards and Energy Codes (including Residential Fire Sprinklers and Disabled Access requirements).
• Contract Building Inspection Services (combination) short or long-term assignments. • Certified Accessibility Specialist availability.
• Contract Code Enforcement Services
• Senior Combination Building Inspectors
• Certified and experienced Permit Technicians
• WC3 will be on an “On-Call”, “As Needed” basis for a one (1) year period with an option to extend for one (1) year and a second option to extend for one (1) year, for a total three (3) year term. • WC3 understands that the ultimate scope of the services and list of deliverables will be determined when such services are requested on a task-by-task/project level basis. Separate fee proposals will be provided for each task/project requested including hourly rates and fixed fees. At this time, a rate schedule has not been included along with the submittal of this proposal. However, as previously mentioned, separate fee proposals will be provided for each task or project requested, including hourly rates and fixed fees.

WC3 has a good working knowledge of the following documents:
• 1. State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004 • 2. City of Seaside Municipal Code
• 3. ALL of 2022 California Building Codes and documentation required to be provided/submitted to the Building Department as a project progresses from one phase into the next, including but not limited to Energy forms, special reports, field plan changes, as an example.

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Teaming with Your Community to Make a Difference | www.WC-3.com 4

PLAN REVIEW PROCESS & METHODOLOGY
Incoming Project
• WC3 will serve the City of Seaside with electronic plan submittals, accepting and delivering plans back and forth via email attachments as well as links to electronically formatted documents stored elsewhere. WC3 will adapt to any preferred software systems of the City of Seaside.

WC3 Processing
• An account information file, specific to the City is created to identify items inherent and of interest to the City. This file will be maintained and utilized during each and every project, ensuring potential concerns are always addressed.
• Upon notification of projects and receipt/download of electronic plan submittal, projects are uploaded and logged into WC3’s own internal eProcess360 software platform and Client/ Regional Managers are automatically notified to begin the plan check process.

Plan Check
• WC3 will check submitted docs for completeness; inform the City of any missing information; review plans to understand the scope and task; identify significant code items and discuss important items with associated staff. • Client/Regional Manager will assign WC3 plan examiner staff and monitor progress. • Client/Regional Manager will quality check all comments before release to the City.

Communication
• WC3 understands all plan review comments are subject to the review by the City. • Review comments will have plan sheet numbers, detail numbers, and code sections. • WC3 will work with Seaside City's preferred method of communication and be available via email, phone or in-person for meetings, etc.
• The City will always have the same points of contact for WC3. • The comment structure in our plan review comment lists will be easily transitioned into the format of the City's preference.
• Copies of all plans check comments and all other correspondence from the plans examiner to the applicant shall be sent directly to the City of Seaside via email.

Recheck
• Documents are resubmitted to begin the recheck process. WC3 requires a written response addressing each and every plan check item or comment.
• Rechecks will be assigned to the same plans examiner who performed original review. • Any new comments to be included during the recheck cycle will be brought to the attention of the Client/Regional Manager.
• All plans examiners are encouraged to call and to resolve concerns, rather than adding additional corrections and comment lists.
• Rechecks are performed quickly and timely. Our turnaround schedule is highlighted in the upcoming section regarding "Typical Plan Review Turnaround Schedule." Approval
• Plan review approval will not be recommended to the City until all code compliance issues are resolved and all permit issuance requirements of the department are satisfied. • WC3 is flexible and will meet all City of Seaside project approval requirements, including but not limited to, “Plans Examiner of Record” approval stamps, electronic submittals, paper/hard copies, quantity of copies, pick-up/delivery and more.

PLAN REVIEW PROCESS
WC3 Incoming Project Processing Plan Check Communication Recheck Approval Qualifications and Experience (Continued)
WC3 will work in a seamless and timely manner for all proposed services according to the City of Seaside's preferred procedures. An outline to WC3's general process and methodologies associated with plan checking can be viewed below.

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TYPICAL PLAN REVIEW TURNAROUND SCHEDULE
WC3 comprehensive plan reviews are performed in a prompt and expeditious manner to meet our jurisdictional clients’ needs. WC3 is able to commit to performing plan review deliverables within timeline expectations that meet or beat industry standards. When workloads get tight, WC3 is able take advantage of schedule availability in additional Regional Offices and benefit from the knowledge and expertise shared across multiple disciplines. All turnaround times are specified from the day they are received in our office(s) and for extraordinarily complex projects, WC3 will immediately contact the City of Seaside and agree on an appropriate response time prior to starting the review.

EXPEDITED APPROACH TO PLAN REVIEW SERVICES
Expedited or accelerated plan review can be accommodated upon request at anytime from the City of Seaside. The expedited plan review process is a means to accelerate initial plan reviews by experienced plans examiners, and when it comes to expedited plan review services, WC3’s typical plan review process is extremely easy to adapt. Clients simply need to submit projects according to standard protocols with a note highlighting that a project is to be expedited. In this case, the quality of WC3’s expedited plan review services do not change. WC3 will allocate additional staffing as necessary, and as available, in order to meet the City's expedited deadlines. WC3 shall provide initial comments, including corrections to be made to the construction documents, within an expedited turnaround time of five (5) business days from the date the submittal was received by our team. Subsequent reviews following initial expedited reviews may also be expedited at each client’s discretion; however subsequent reviews are typically completed in a timely manner and will be reviewed in the order in which they are received.

TYPICAL INSPECTION TURNAROUND SCHEDULE
Inspections shall be performed during the City of Seaside's regular business hours. Our inspection services include a commitment to making inspectors available for standard, routine inspection needs associated with projects. Standard turnaround for inspection requests will be scheduled accordingly with 48-hour advance notice and when the schedule allows, WC3 will make every effort to accommodate emergency or same-day inspection requests. Additionally, when special needs arise, inspectors can also be made available for after-hour, weekend and holiday inspections as well.

INITIAL
(Business Days)

RECHECK
(Business Days)

EXPEDITED
(Business Days)

RECHECK
(Business Days)
New Construction, Additions & Remodels 10 5 5 5
New Construction Multi-Family 15-20 5-10 5-10 5-10
Commercial Projects (Small) 10 5 5 5
Commercial Projects (Large/Complex)* 15-20 5-10 5-10 5-10 * Typical turnaround times for large/complex projects is 15-20 days for first reviews and 5-10 days for re-checks.

The City will be contacted and an appropriate response time will be negotiated on a case by case basis.

INSPECTION PERIOD REQUEST LEAD TIME FOR INSPECTION
Short Term / Standard Inspections 48 Hours Advance Notice Long Term Assignment Inspections 1 Months Advance Notice Emergency/Same Day Inspections Accommodated as Schedule Allows Qualifications and Experience (Continued)
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Teaming with Your Community to Make a Difference | www.WC-3.com 6 Additional Efforts to Achieve the City of Seaside Satisfaction WC3 will provide the City of Seaside the technical expertise they seek through a complete array of plan review, inspection, code enforcement and permitting services. Our portfolio includes projects regarding building, preliminary building, structural, fire & life safety, accessibility, energy, mechanical, plumbing, electrical, solar and other specialty disciplines. Our staff is committed to providing higher standards by delivering building department solutions that exceed client satisfaction and meet time and budget constraints. We believe we are able to meet all the outlined requirements of the RFQ as stated. The following is a list of additional professional aspects specific to this RFQ that we feel the City of Seaside will find advantageous:
> International Code Council (ICC) Certified Permit Technicians - As needed, WC3 can furnish exceptionally qualified personnel to staff and support your front counter operations. Our staff operates as an extension of your team and understands that customer service is paramount in our industry. All of our team members are intimately familiar with the building application and permitting process. Our technicians are acquainted with a vast array of jurisdictional permit tracking programs and will quickly adapt to your departments specific processes and procedures. We work proactively and collaboratively with applicants to help resolve issues and make the permitting process as pleasant as possible for your customers. All candidates will be presented for the City's approval.
> International Code Council (ICC) Certified Inspections - All inspection personnel assigned to your jurisdiction will be able to read, understand and interpret construction documents, prepare and maintain accurate records and reports, communicate clearly both verbally and in writing and work effectively with contractors, the public, and jurisdictional staff. WC3 tailors our inspection services to meet the specific needs of our clients. In addition to maintaining the International Code Council (ICC) certified inspectors and combination inspectors on staff, we also maintain a list of highly qualified and certified personnel to draw upon when we desire to fulfill jurisdictional clients' full time or interim needs. Each inspector assigned to the City of Seaside will be in possession of all required certifications and minimum experience requirements; and the City will have the opportunity to review all candidates prior to task or project assignment. > California Licensed, ICC-Certified Building Plan Review - WC3 has ten (10) licensed structural engineers and twenty two (22) professional engineers on staff to meet the criteria noted in the RFQ. Many have performed engineering design work in the past, and each has performed hundreds of commercial, residential, institutional/educational, MEP and structural plan reviews throughout their career. Our staff also includes six (6) Master Code Professionals and many members certified by the ICC. Our team operates independently as a third party entity, is properly licensed to practice in the state of California, and has no conflict of interest with regard to any other work performed by our firm for the City. > California Licensed Fire Protection Plan Review - WC3 is an industry leader in providing plan review services for Fire Prevention and Fire and Life Safety Plan Review. Our diverse team of Fire Protection Engineers, Executive Fire Officers, Certified Fire Protection Specialists, Fire Marshals and Plans Examiners offer clients and extensive range of experience—both formally and on the job. With resources of technical professionals from multiple offices, our team is proficient in all types of construction. Clients count on us to understand the intricacies of fire department access, means of egress, smoke management, fire flow calculations, hazardous materials, fire protection systems, communication systems and more. > California Licensed Engineering Plan Review - WC3’s engineering plan review service includes California certified professionals and engineers, as well as company best practices to meet each municipality’s service requirements. Our team manages projects effectively and efficiently, completing all deliverables with clear comments and communication on time and within budget. We combine quality service to review improvement plans for conformance to approved tentative map, specific plans, and conditions of approval, as well as engineering bond estimates, subdivision maps, hydrology/hydraulic reports, stormwater management, development plans, lot line adjustments, lot mergers, easement plats, and more. Our personalized approach with transparent communication helps streamline the process.

Qualifications and Experience (Continued)
Packet Page 89
Teaming with Your Community to Make a Difference | www.WC-3.com 7 > Certified Accessibility Specialist Plan Review - WC3’s professional staff of plans examiners has vast experience in providing plan reviews for specialized accessibility projects and is well versed in all construction-related accessibility code and standards. WC3 has provided numerous CASp plan reviews and inspections for many of our California clients and has tremendous expertise in guiding clients through California’s accessibility regulations as well as ADA and other applicable laws.
> Electronic/Digital Plan Review Capability - WC3 is very familiar with Electronic/Digital Plan Review technologies and works in a variety of capacities as per jurisdictional clients’ specifications and systems.

This technologically advanced form of plan review provides WC3 the ability to review, mark-up and transport plans of any size, electronically. At no additional cost to clients, we strongly encourage this service. The electronic count on us to understand the intricacies of fire department access, means of egress, smoke management, fire flow calculations, hazardous materials, fire protection systems, communication systems and more.
> Meeting Availability & Technical Advice - When jurisdictions are understaffed, require specific expertise on complex projects, or feel overwhelmed with particular projects, WC3 is available to handle all technical aspects or project overflow for the City of Seaside. We serve in matters to help fulfill obligations and with reasonable notice are more than happy to join in on phone calls or attend special meetings at the City to help facilitate the approval process. Team members are available to discuss projects with designers, construction teams, City employees and/or applicants. We strive for complete client satisfaction and whether it’s through telephone, email, web conference, fax or in person, WC3 team members are always ready to assist. > Emergency Services - Teaming with Your Community to Make a Difference. This phrase has served as the guiding mission of WC3 for over 17 years. As we navigate challenging times, emergencies, disasters or pandemics, WC3 is committed to taking care of our clients and doing our part by continuing to offer the following services:
> Plan Review - Because of our experience with electronic plan reviews, our staff has the ability work remotely and not miss a beat. With multiple offices located in various regions, we are able to adjust quickly and move plan review projects amongst qualified personal with similar expertise and provide seamless service to our clients. We are also able to facilitate meetings via teleconference and more, and all phone calls and emails will be responded to within the same quick and friendly manner as usual. > Inspections & Code Enforcement - The health and safety of employees and clients is always a top priority for WC3. When circumstance necessitates, we go to great lengths to perform safe, live inspections, while in others we are able to serve clients remotely. In either case, we are committed to helping manage the risk during emergency situations while also helping jurisdiction maintain performance. > Staff Augmentation - WC3's staff augmentation services are a valuable resource when it comes to supporting jurisdictions’ needs during emergencies and critical times. Whether live or remote support is needed, we're ready and available to assist with inspection services, building official responsibilities, administrative or permit technician duties, and more!
> eProcess360EDSR - While an emergency, disaster or pandemic may have an immense impact on all of our lives, WC3 is committed to helping communities maintain day-to-day operations with as few disruptions as possible. Our eProcess360-EDSR is an online permitting solution that helps a jurisdiction work remotely with online applications, document submittals and plan review — serving citizens with peace of mind. > Continuing Education & Training - WC3 is deeply embedded within the Building Safety industry, with many key staff serving as general members, executive board officers, committee participants, and requested instructors within ICC Chapters and industry associations. We facilitate and encourage all of our personnel to achieve the highest level of experience and certification; and all team members are appropriately licensed, certified and trained with attendance at industry-related training classes, conferences, and seminars. Due to our emphasis on training, WC3 has also created the WC3 Code Academy which provides education, training and online, ondemand resources to our staff and the industry. Please find additional information at www.WC-3.com.

Qualifications and Experience (Continued)
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Teaming with Your Community to Make a Difference | www.WC-3.com 8 Qualifications and Experience (Continued)
Project Management Personnel
WC3 has established an experienced project team of individuals that would seamlessly augment the City of Seaside staff. The South San Francisco Regional office will serve as the management center for this project and Mr. Donald Zhao, PE, MCP, CBO will serve as Regional Manager and key WC3 contact for the City. The following includes a brief summary of proposed key contacts. On the subsequent pages, the additional members of the designated team are listed with specific assignment of in an Organization Chart, as well as a Table of Qualifications, displaying all licensing and certifications. Complete resumes of proposed team members can be viewed in the "Appendix - Resumes" on page 16. Photo copies of actual requisite licensing or certifications may be provided upon request.

We propose the services of Mr. Donald Zhao, PE, MCP, CBO as our main point of contact and Client Manager for the City of Seaside. With over 20 years of experience in the construction industry and many of those years as a code official, Mr. Zhao has proven his mastery of Building Code in its many facets. Donald uses every opportunity to expand his base of knowledge and share it with his team. His utilization of modern collaboration technology, along with a strict standard of quality, has enabled Donald to lead the South San Francisco branch of WC3 into several years of consistent growth. Donald's technique and ambition serve as the foundation and goal for all his employees and set him at the cutting edge of an industry constantly in search of innovation.

Donald Zhao, PE, MCP, CBO - Regional Manager, Vice President Ms. Fattah has a multitude of structural design experience with several years as a design engineer and many years as structural and non-structural plan review engineer. She brings a broad range of experience to any project. As a plan review engineer she has reviewed thousands of projects for jurisdictions throughout California. Types of projects reviewed include single family dwellings, podium type residential complexes, corporate offices, OSHPD Medical facilities and Data Centers. She has provided in-house plan review services in multiple jurisdictions throughout the bay area and currently leads the plan review division at WC3's San Ramon office. Mrs. Fattah is a long time Bay Area resident and is intimately familiar with the Bay Area built environment.

Zahra Fattah - Plan Review Manager
Mr. Rossbach, MCP, CBO, is a master code professional with over 25 years in the construction industry. His experience has enabled him to demonstrate exceptional problem-solving skills.

Having worked with numerous customers in the construction industry, he also presents incredible interpersonal skills with strict attention to detail. Exposure to the industry from a variety of positions has assisted Joe in gaining the valuable skills necessary to perform a variety of inspections to ensure code compliance. He brings extensive building and construction inspection experience in multiple disciplines as well as in-depth trade and product knowledge.

Joe achieved his chief building official certification through the International Code Council and has completed both the Management and Legal Modules.

H. Joe Rossbach, MCP, CBO - Building Inspection Manager Packet Page 91
Teaming with Your Community to Make a Difference | www.WC-3.com 9 In addition to the staff members proposed, supplemental certified staff is available for support to the project.

These staff members will be presented to the City for review at time of request.

Qualifications and Experience (Continued)
Principal-in-Charge / CEO
Giyan Senaratne, PE, SE, LEED AP
Donald Zhao, PE, MCP, CBO
Regional/Client Manager
Sr. Building Plan Review Engineer
Eric Schneiderjohn, PE, QSD
Sr. Building Plan Review Engineer
Zahra Fattah
Plan Review Manager
Sr. Building Plan Review Engineer
Curtis Hume, PE, SE
Sr. Structural Plan Review Engineer
Keith Ma, PE, SE
Sr. Structural Plan Review Engineer
Lily Rong, PE, SE
Sr. Structural Plan Review Engineer
Sekhar Tatapudy
Sr. Senior Building Plans Examiner
George Williams, MCP, CBO
Sr. MEP Plans Examiner
Doug Smith, MCP, CBO
Sr. Electrical Plans Examiner
Noel Mendoza
Building Plan Review Engineer
Souad Maghrbi
Building Plans Examiner
Craig Hanson, CFPS
Fire Protection Specialist
West Coast Code Consultants (WC3)
H. Joe Rossbach, MCP, CBO
Building Inspection Manager

THIRD-PARTY PLAN CHECK SERVICES INSPECTION SERVICES
Vice President & Regional / Client Manager
Donald Zhao, PE, MCP, CBO
Permit Technician
Fire Sprinkler Review
Interim Building Official
Staff Augmentation
WC3 has great capacity
to assist with all Miscellaneous
Support Services as listed above.

Staff not included in this
chart will be presented
for review and approval
at time of request.

MISCELLANEOUS SUPPORT SERVICES
Organization Chart
Staff for Inspection Services will be
presented for review at time of request.

Packet Page 92
Teaming with Your Community to Make a Difference | www.WC-3.com 10

PLAN REVIEW SERVICES
Giyan Senaratne, PE, SE, LEED AP
Principal-in-Charge / CEO
San Ramon Corporate Office
• Registered PE: CA 46194
• Registered SE: 4457
• LEED AP Certification
• +8 Additional Certifications
• 32 Years Industry Experience
Donald Zhao, PE, MCP, CBO
Vice President
Building Plan Review Engineer
South San Francisco Regional Office
• Registered PE: CA 79273
• ICC Master Code Professional
• ICC Certified Building Official
• +30 Additional Certifications
• 15 Years Industry Experience
Eric Schneiderjohn, PE, MS
Building Plan Review Engineer
San Ramon Corporate Office
• Registered PE: CA C 87019
• MS in Civil Engineering
• ICC Building Plans Examiner
• +2 Additional Certifications
• 10 Years Industry Experience
Zahra Fattah
Plan Review Manager
San Ramon Corporate Office
• BS in Structural Engineering
• BS in Applied Physics
• ICC CA Building Plans
Examiner
• 23 Years Industry Experience
Curtis Hume, PE, SE
Structural Plan Review Engineer
San Ramon Corporate Office
• Registered PE: CA 38266
• Registered SE: S3134
• +3 Additional Licenses in
Washington and Arizona
• 40 Years Industry Experience
Keith Ma, PE, SE
Structural Plan Review Engineer
San Ramon Corporate Office
• Registered PE: CA 364767
• Registered SE: 5065 • 14 Years Industry Experience
Lily Rong, PE, SE
Structural Plan Review Engineer
South San Francisco Regional Office
• Registered PE: CA 76434
• Registered SE: 6469
• 20+ Years Industry
Experience
Sekhar Tatapudy
Senior MEP Plans Examiner
San Ramon Corporate Office
• Masters of Business
Administration
• Bachelor of Science
Mechanical Engineering
• 37+ Years Industry
Experience
• 14+ Years Bay Area Plan
Check Experience
George Williams, MCP, CBO
Senior MEP Plans Examiner
Sandy Regional Office
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Plumbing Code Specialist
• ICC Mechanical Code
Specialist
• + 29 Additional Certifications
• 21 Years Industry Experience
Doug Smith, MCP, CBO
Sr. Electrical Plans Examiner
Layton Regional Office
• ICC Master Code Professional
• ICC Certified Building Official
• Electrical Plans Examiner
• +12 Additional Certifications
• 21 Years Industry Experience
Noel Mendoza
Building Plan Review Engineer
San Ramon Corporate Office
• Bachelor of Civil Engineering
• Engineer in Training
Certification
• ICC Building Plans Examiner
• 8+ Years Industry Experience
Qualifications and Experience (Continued)
Packet Page 93
Teaming with Your Community to Make a Difference | www.WC-3.com 11 PLAN REVIEW SERVICES (Continued)
Souad Maghrbi
Building Plans Examiner
San Ramon Corporate Office
• Bachelor of Science in
Engineering
• ICC CA Building Plans Examiner
• 20+ Years Industry
Experience
Craig Hanson
Fire Protection Specialist
Meridian Satellite Office
• BA: Bachelor of Arts
• AS: Applied Science
• Fire Protection Specialist
• IFSAC Fire Inspector
• Fire & Life Safety Plan Review
• 29+ Years Industry
Experience

INSPECTION SERVICES
H. Joe Rossbach, MCP, CBO
Building Inspection Supervisor
Sr. Building Inspector / Plans Examiner
South San Francisco Regional Office
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Commercial Bldg. Inspector
• ICC Building Plans Examiner
• 28 Additional Certifications
• 31 Years Industry Experience
Additional staff for Inspection Services will be presented for review at the time of request.

MISCELLANEOUS SUPPORT SERVICES
WC3 has great capacity to assist with Miscellaneous Support Services including, but not limited to: Permit Technician, Fire Sprinkler Review, Interim Building Official, and Staff Augmentation. Staff not included in this chart will be presented for review and approval at time of request.

In addition to the staff members proposed, supplemental certified staff is available for support to the project.

These staff members will be presented to the City for review at time of request.

Qualifications and Experience (Continued)
Packet Page 94
Teaming with Your Community to Make a Difference | www.WC-3.com 12 Relevant Project Experience
Our professional team has experience reviewing various construction types and occupancies, including schools, community developments, retail establishments and tenant improvements, as well as more larger-scaled industrial and commercial projects. The following represents a sampling of notable projects displaying WC3’s diverse expertise and experience similar in scope to those identified in the RFQ for the City of Seaside. Throughout each project our team applied a comprehensive understanding of multiple building codes and worked cohesively with design teams to help resolve code issues. All project schedules were adhered to and all project work was completed on time.

MENLO PARK RECREATION CENTER
Occupancy: A-3, B, S Year: 2021 - Ongoing
Location: Menlo Park, CA Valuation: $45 Million
Remodel of the current complex which includes a fitness center, a senior center, the Onetta Harris Community Center, Kelly Park, a pool and a youth center. The new plan is to consolidate the indoor uses into a new 38,268 SF building, with an added library and lots of flexible space. Scope includes full plan review and deferrals.

Chuck Andrews | (650) 330-6704 | [email protected]

MILLBRAE RECREATION CENTER
Occupancy: A-3 Year: 2020-Ongoing
Location: Millbrae, CA Valuation: $45 Million
The scope of work involves full plan review and deferrals. Projects consists of a new 24,193 SF. community center and associated landscaping improvements. The proposed community center is to be a (2) story type III-B structure that is fully sprinklered throughout. The building will include a guest community room with full-service kitchen, lobby, staff area, game room, fitness and wellness studio, and preschool. The second floor will have a senior lounge, art classroom, conference rooms, and additional classrooms.

Val Mandapat | (650) 259-2403 | [email protected]

GATEWAY AT MILLBRAE STATION DEVELOPMENT
Occupancy: R-2, S-2, A-3, M Year: 2020-Ongoing
Location: Millbrae, CA Valuation: $188 Million
Gateway at Millbrae Station is a neighborhood-defining community delivering quality spaces for people to live, work, shop, and dine. The transit oriented project located east of the Millbrae Intermodal Station entails a 6-story mixed-use building consisting of retail, lab and office spaces. The site also includes a 2-story parking garage, 400 residential homes and a hotel. WC3 provided various plan review services of the original and revised construction documents and is also providing building inspection services.

Val Mandapat | (650) 259-2403 | [email protected] Project Summary
Packet Page 95
Teaming with Your Community to Make a Difference | www.WC-3.com 13 Project Summary (Continued)

COMMUNITY CIVIC CAMPUS
Occupancy: A-2, A-3, B, S-2 Year: 2019 - Ongoing
Location: South San Francisco, CA Valuation: $210 Million A forward thinking civic presence for the City of South San Fransisco that will include multi-functional, multi-user and interactive facilities. Built in three phases the project will include a police facility, library, parks and recreation center, community theater, city council chamber, parking garage and fire station.

Phillip Perry | (650) 829-6670, x6675 | [email protected] YOUTUBE GLOBAL HEADQUARTERS | PHASE 1 & PHASE 2
Occupancy: Varies Year: 2017-Ongoing
Location: San Bruno, CA Valuation: Varies
WC3 has performed various projects across a variety of building types and structures for the online video company, YouTube. Project scope for a planned decade-long expansion and redevelopment of the global headquarters with four new buildings will ultimately include two phases. WC3 has
performed plan reviews associated with building and fire life safety, as well as review of systems for fire alarms, sprinklers, two-way communication, emergency responder and more.

Darcy Axiaq | (650) 616-7020 | [email protected]

GATEWAY OF PACIFIC CAMPUS
Occupancy: B, A-3, L, S, H Year: 2018 - Ongoing
Location: South San Francisco, CA Valuation: Varies
Gateway of Pacific is a landmark, delivering premier laboratory and office space at the front door to South San Francisco’s flourishing biotechnology community. This fully-integrated 2.2M SF (36 acre) campus features 10 distinct and robust buildings within an active, urban-park setting. WC3 has performed a multitude of projects in the civil, fire and life safety, fire systems and building plan review disciplines for this multi-phase development.

Ongoing projects continue to this day in all disciplines associated with tenant improvements, research labs, office space and new construction.

Phillip Perry | (650) 829-6670, x6675 | [email protected]

CODEXIS LAB & OFFICE RENOVATIONS
Occupancy: B Year: 2018 - Ongoing
Location: San Carlos, CA Valuation: $9 Million
Since 2018, WC3 has had the opportunity to perform plan review services and associated inspections for the City of San Carlos and the biotechnology firm, Codexis. Most recently, projects involve the preliminary review, fire life safety review and complete plan review for the new tenant improvements associated with the firm’s move to San Carlos’ 8-acre Alexandria District for Science and Technology with two 6-story, 265,000 sf warm shell R&D office buildings. Codexis will occupy approximately 50% of the first two floors of Building A with a small space for hazardous storage as well as assembly space.

Christopher Valley | (650) 802-4262 | [email protected] Packet Page 96
Teaming with Your Community to Make a Difference | www.WC-3.com 14 Project Summary (Continued)

CULTURAL ARTS CENTER
Occupancy: A-3 Year: 2021
Location: Dublin, CA Valuation: $11.8 Million
This project entails the conversion of old Police Department space of the Civic Center into a Cultural Arts Center. Reviews were performed for the design and improvement of approximately 13,000 SF on the first floor. The space will serve as a multi-use facility that affords cultural, educational and social opportunities for the community and includes an art gallery, a Black Box theater, multi-purpose classrooms, indoor/outdoor art yard, dance studio, and more.

Gregory Shreeve, Sr. | (925) 833-6620 | [email protected] FIRE STATION #6
Occupancy: Varies Year: 2018-2021
Location: City of Hayward, CA Valuation: $52 Million
In partnership with Chabot-Las Positas Community College District, the City of Hayward will develop a new regional center for firefighter, paramedic, rescue, and emergency response education and training. WC3 performed complete plan reviews for the nine planned buildings as well as above ground storage tanks. Construction began in 2020 and is expected to be completed in the Fall of 2022.

Omar Noorzad | (510) 583-4313 | [email protected]

EMERYSTATION WEST AT THE TRANSIT CENTER
Occupancy: L, B, A-3 & S-2 Year: 2014-2020
Location: Emeryville, CA Valuation: $64 Million
WC3 was pleased to facilitate all construction document control, plan review, inspection services, in-house staff augmentation, as well as the deferred submittals and plan revisions for exciting new bio-medical facility.

EmeryStation West is a new 265,000 square foot, world-class laboratory, medical, office and transit project. WC3 has also been pleased to perform many similar services in association with the interior improvements for leasing tenants.

Victor Gonzales | (510) 596-4310 | [email protected] HAYWARD 21ST CENTURY LIBRARY
Occupancy: A, B, M Year: 2015-2019
Location: City of Hayward, CA Valuation: Unknown
Project included complete review of the demolition of an existing parking long and site elements to build a future 3-story, type IIA library structure with an atrium. The 57,600+ square foot building features multiple community rooms with a retail shop on the ground floor. WC3 was responsible for building and smoke control plan review.

Omar Noorzad | (510) 583-4313 | [email protected] Packet Page 97
Teaming with Your Community to Make a Difference | www.WC-3.com 15 > City of Dublin
Gregory Shreeve
Building Official
100 Civic Plaza
Dublin, CA 94568
[email protected]
(916) 835-6628
Services: 2013 to Present
Building Plan Review,
Staff Augmentation
> City of Emeryville
Chadrick Smalley
Community Development Director
1333 Park Ave
Emeryville, CA 94608
[email protected]
(510) 596-4355
Services: 2006 to Present
Building Plan Review, Inspections,
Front Counter Support,
Code Enforcement
> City of Pleasanton
Robert Queirolo, CBO
Chief Building Official
200 Old Bernal Avenue
Pleasanton, CA 94566
[email protected]
(925) 931-5310
Services: 2013 to Present
Building/Fire Plan Review, Building/Fire Inspection Services, Front Counter Support
References
WC3 is dedicated to providing our clients with excellent customer service and has been providing building and fire plan check as well as inspection services to municipalities for more than a decade. Our portfolio is comprised of a variety of intricate projects, serving jurisdictions of all sorts and size. The following partial list highlights clients similar to the City of Seaside, all of whom may be contacted as a reference. > City of South San Francisco
Erik Rietdorf Perry
Interim Chief Building Official
315 Maple Ave.

South San Francisco, CA 94080
[email protected]
(650) 829-6685
Services: 2014 to Present
Building/Fire Plan Review,
Inspections, Staff Augmentation
> City of San Bruno
Darcy Axiaq
Chief Building Official
567 El Camino Real
San Bruno, CA 94066
[email protected]
(650) 616-7020
Services: 2014 to Present
On Call Plan Review, Inspections,
Staff Augmentation
> City of San Carlos
Christopher Valley, CBO
Chief Building Official
600 Elm St
San Carlos, CA 94070
[email protected]
(650) 802-4262
Services: 2014 to Present
Building/Fire Plan Review,
Development Review, Inspections,
Staff Augmentation
> City of Hayward
Omar Noorzad
Building Official
777 B St
Hayward, CA 94541
[email protected]
(510) 583-4313
Services: 2015 to Present
Building Plan Review, Fire Plan
Review, Staff Augmentation,
Inspections
> City of Cupertino
Sean Hatch, CBO
Chief Building Official
10300 Torre Ave.

Cupertino, CA 95014
[email protected]
(408) 777-3231
Services: 2013 to Present
Building Plan Review,
Electronic Document
Management and Support
References
> City of Redwood City
Christina McTaggart
Chief Building Official
1017 Middlefield Rd.

Redwood City, CA 94063
[email protected]
(650) 780-7350
Services: 2011 to Present
Building/Fire Plan Review,
Fire Marshal, Fire Inspections
Packet Page 98
Teaming with Your Community to Make a Difference | www.WC-3.com 16 Giyan Senaratne 17
Donald Zhao 18
Eric Schneiderjohn 19
Zahra Fattah 20
Curtis Hume 21
Keith Ma 22
Lily Rong 23
Order of Resumes:

Sekhar Tatapudy 24
George Williams 25
Doug Smith 26
Noel Mendoza 27
Souad Maghrbi 28
Craig Hanson 29
Joe Rossbach 30
Appendix - Resumes
Packet Page 99
17 Packet Page 100
18 Packet Page 101
19 Packet Page 102
20 Packet Page 103
21 Packet Page 104
22 Packet Page 105
23 Packet Page 106
24 Packet Page 107
25 Packet Page 108
26 Packet Page 109
27 Packet Page 110
28 Packet Page 111
29 Packet Page 112
30 Packet Page 113
Meeting Date: 3/21/2024
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH WEST COAST CODE CONSULTANTS, INC. IN AN AMOUNT OF $100,000.00 TO PROVIDE BUILDING AND SAFETY SERVICES TO THE

BUILDING AND CODE ENFORCEMENT DEPARTMENT
WHEREAS, Building, Safety and Code enforcement services encompasses a specialty of engineering with expertise in architectural, structural, fire-safety, accessibility/CASp, energy, mechanical, electrical and plumbing; and WHEREAS, the City of Seaside, on occasion, in in need of consultants who specialize in building, safety and code enforcement; and WHEREAS, on December 28, 2023, the City released an Request for Qualifications for professional services for Building, Safety and Code Enforcement Services; and
WHEREAS, based on competitive proposals submitted on January 19, 2024 by firms that have performed similar work, 4Leaf, Inc., CSG Consultants, Shums Coda Associates, TRB+Associates and West Coast Code Consultants were selected as the most qualified to perform these services based on professional qualifications, similar experience and sufficient staffing capabilities to provide service in a timely manner.

WHEREAS, West Coast Code Consultants is available to provide building and safety services immediately; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute a contract with West Coast Code Consultants, to provide Building, Safety and Code Enforcement Services as described in Exhibit A.

Packet Page 114
-2
PASSED AND ADOPTED at a regular City Council meeting of the City Council of the City of Seaside duly held on the 21st day of March, 2024, by the following vote:

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: March 21, 2024
SUBJECT: CONSIDER APPROVAL OF A BALLOT QUESTION REGARDING

THE PROHIBITION OF FIREWORKS, AND CONSIDER

ADOPTION OF A RESOLUTION FOR THE HOLDING OF A

CONSOLIDATED GENERAL MUNICIPAL ELECTION ON TUESDAY,
NOVEMBER 5, 2024 AND PLACING A MEASURE ON THE
BALLOT

RECOMMENDATION
Adopt a resolution for the holding of a consolidated general municipal election and for the submission of a question regarding fireworks to qualified voters.

BACKGROUND
At the October 5, 2023, City Council meeting, a request was made by Council Member Miller which proposed that the City Council consider a measure relating to fireworks on the November 2024 general election ballot. Subsequently, on October 19, 2023, the Council agreed that an item should be placed on a future agenda to discuss and consider a city-sponsored ballot measure regarding the future use, sale and possession of safe and sane fireworks in the city for the November 2024 election.

At the March 7, 2024, City Council meeting, the City Council received a report and presentation regarding the process for placing a question on the ballot and directed staff to return with proposed language for the question and a draft resolution that, if adopted, should be transmitted to the Monterey County Elections Department. The Council also determined that the voter approval requirement would be set as a majority vote.

Currently, Chapter 8.32 Fireworks, of the Seaside Municipal Code, currently bans fireworks at all times of the year except for the sale, use and possession of safe and Packet Page 116

Item No. 9.A. Page 2 of 3
sane fireworks from June 28 to July 5. The current code also allows for public displays, agricultural and wildlife fireworks and model rockets as permitted.

The proposed language of the ballot question is to repeal and replace the current ordinance with a ban, with exceptions only for public display and special events, agricultural and wildlife fireworks, and model rockets. The repeal and replace process was chosen, instead of an amendment process, because it provides more clarity than amending Chapter 8.32 with strike out and underline.

Options for the ballot question are as follows, and the amendments to the ordinance are attached as Exhibit A:

Option1:

YES

SEASIDE FIREWORKS BAN
Shall the measure of the City of Seaside's Fireworks Ordinance (set forth in Chapter 8.32 of the Seaside Municipal Code) be repealed and replaced with a new Chapter 8.32 to prohibit the use, sale and discharge of all fireworks everywhere in the City at all times unless the fireworks are part of a public display or otherwise permitted pursuant to Section 8.32.040 of the Seaside Municipal Code?
NO

Option 2:

YES

SEASIDE FIREWORKS BAN
Shall the measure of the City of Seaside to adopt a new Fireworks Ordinance to prohibit the use, sale and discharge of all fireworks everywhere in the City at all times unless the fireworks are part of a public display or otherwise permitted?
NO
Once a ballot measure is submitted to voters to approve or deny, and is approved by the voters, any subsequent changes to the ordinance can only be made by a vote of the people. The target for finalizing the question and measure language is no later than May 16, 2024.

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution

2. Exhibit A - Ordinance

3. Exhibit A - Ordinance-Opt 2_1
Packet Page 117

Item No. 9.A. Page 3 of 3

4. Exhibit B - Map of City of Seaside
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 118
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE,

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024 FOR THE SUBMISSION TO

THE QUALIFIED VOTERS A PROPOSED ORDINANCE PROHIBITING THE

USE, POSSESSION AND SALE OF FIREWORKS IN THE CITY OF SEASIDE WHEREAS, the City Council of the City of Seaside, California desires to submit to the voters at a General Municipal Election a proposed ordinance relating to the use, possession and sale of fireworks in the City of Seaside; and WHEREAS, the City Council is authorized by statute, including Elections Code Section 9222, to submit the proposed ordinance to the voters;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEASIDE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Seaside, California, on Tuesday, November 5, 2024, a General Municipal Election for submitting the following proposed ordinance:

YES

SEASIDE FIREWORKS BAN
Shall the measure of the City of Seaside's Fireworks
Ordinance (set forth in Chapter 8.32 of the Seaside
Municipal Code) be repealed and replaced with a new
Chapter 8.32 to prohibit the use, sale and discharge
of all fireworks everywhere in the City at all times
unless the fireworks are part of a public display or
otherwise permitted pursuant to Section 8.32.040 of
the Seaside Municipal Code?
Or

Packet Page 119
SECTION 2. That the text of the ordinance to be submitted to the voters is attached to this resolution as Exhibit A and the area within which it will apply is attached as Exhibit B.

SECTION 3. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast.

SECTION 4. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 5. The City shall prepare and deliver to Registrar of Voters the Voters Guide information containing, as applicable, candidates’ statements of qualifications, ballot measure, tax rate statements impartial analysis, arguments for or against and rebuttals thereto. The last day for the submission or primary arguments (300 words) and impartial analysis shall be no later than _______, 2024. The last day for the submission of rebuttal arguments (250 words) is __________, 2024.

SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Monterey Elections to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 7. That the polls shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code §10242, except as provided in § 14401 of the Elections Code of the State of California.

SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 10. That the City of Seaside has requested the Board of Supervisors of the County of Monterey to consolidate this election with the November 5, 2024 General Election, and that the City of Seaside recognizes that additional costs will be incurred by the County by reason of this consolidation, and agrees to reimburse the County for any costs.

Packet Page 120
SECTION 11. That the County Elections Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SECTION 12. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of Monterey.

SECTION 13. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED this 21st day of March 2024. _____________________
Ian N. Oglesby, Mayor
ATTEST:
_______________________________
Dominique L. Davis, Elections Official
Packet Page 121
Exhibit "A"
ORDINANCE NO. XXX

AN ORDINANCE OF THE PEOPLE OF THE CITY OF SEASIDE REPEALING AND REPLACING CHAPTER 8.32 (FIREWORKS) OF THE SEASIDE

MUNICIPAL CODE TO PROHIBIT THE USE, SALE OR DISCHARGE OF

FIREWORKS IN THE CITY OF SEASIDE
WHEREAS, pursuant to Section 12541 of the California Health and Safety Code, a city may, by ordinance, prohibit or regulate the sale, use or discharge of fireworks; and
WHEREAS, Chapter 8.32 (Fireworks) of the Seaside Municipal Code currently regulates the sale, use and discharge of fireworks; and WHEREAS, it is in the interest of the public health, safety and welfare to prohibit the use, sale and discharge of fireworks, except for public displays in the City of Seaside; and
WHEREAS, pursuant to Section 9222 of the California Elections Code, the City Council has determined to submit to the voters at a Special Municipal Election a ballot measure amending Chapter 8.32 (Fireworks) of the Seaside Municipal Code to prohibit the use, sale and discharge of fireworks in the City of Seaside except for public firework displays that have obtained a discretionary permit approved by the City Council pursuant to Section 8.32 of the Seaside Municipal Code.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF DUARTE,
CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. Findings. The above recitals are true and correct and incorporated herein.

SECTION 2. Municipal Code Amendment. Chapter 8.32 (Fireworks) of the Seaside Municipal Code is hereby deleted and replaced in its entirety with the following new Chapter 8.32 as follows:

Packet Page 122
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 Seizure of fireworks.

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

8.32.070 Manufacture of fireworks prohibited.

8.32.080 Administrative fines and penalties.

8.32.090 Concurrent authority.

8.32.100 Fees deemed debt to the city.

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.

8.32.020 Definitions.

When used in this chapter, the following words shall have the meanings ascribed to them in this section:
“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.
“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, 12561, and the relevant sections of Title 19 of the California Code of Regulations, as the same may be amended from time to time.

Packet Page 123
“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.” “Hearing officer” means the person appointed by the city manager or city attorney 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

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 Packet Page 124
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. “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.

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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.

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 for which is either City sponsored or co-sponsored event or for which a special event permit has been issued pursuant to SMC 17.52.040(E)(2) 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.

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.

8.32.050 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.

8.32.060 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;
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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.

8.32.070 Manufacture of fireworks prohibited.

No person, firm, or corporation shall manufacture fireworks of any type within the city of Seaside.

8.32.080 Administrative fines and penalties.

A. Any violation of this chapter shall be a misdemeanor.

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 Packet Page 127
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 including, as an alternative to the issuance of an administrative fine pursuant to this section, and in his or her sole discretion, the city attorney may criminally prosecute a violation 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 twentyfive 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 are 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 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.

8.32.090 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.

8.32.100 Fees deemed debt to the city.

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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 lawful manner, including but not limited to Franchise Tax Board diversion programs, administrative collection or by a court of competent jurisdiction.

SECTION 3. Severability. If any section, subsection, sentence, clause phrase or portion of this Ordinance is for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The People of the City of Seaside, California, hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 4. Election Required. This Ordinance shall not become effective unless and until a majority of City voters voting on this measure vote to approve it at the General Municipal Election to be held on November 5, 2024.

SECTION 5. Effective Date. This Ordinance shall go into effect ten (10) days after the date on which the election results are declared by the City Council.

SECTION 6. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the voters of the City of Seaside by signing where indicated below. The City Clerk is authorized to publish this Ordinance in compliance with law.

THE FOREGOING ORDINANCE was approved by the following vote of the People of the City of Seaside on November 5, 2024:

YES:

NO:

THE FOREGOING ORDINANCE was adopted by Declaration of the vote at the November 5, 2024, General Municipal Election by the City Council of the City of Seaside at a regular meeting thereof held on the _____day of _____ 2024, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:

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______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 130
Exhibit "A"
ORDINANCE NO. XXX

AN ORDINANCE OF THE PEOPLE OF THE CITY OF SEASIDE REPEALING AND REPLACING CHAPTER 8.32 (FIREWORKS) OF THE SEASIDE

MUNICIPAL CODE TO PROHIBIT THE USE, SALE OR DISCHARGE OF

NOW, THEREFORE, THE PEOPLE OF THE CITY OF DUARTE,
CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. Findings. The above recitals are true and correct and incorporated herein.

SECTION 2. Municipal Code Amendment. Chapter 8.32 (Fireworks) of the Seaside Municipal Code is hereby deleted and replaced in its entirety with the following new Chapter 8.32 as follows:

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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 Seizure of fireworks.

8.32.060 Police and fire department fireworks operation plan and after action report.

8.32.070 Manufacture of fireworks prohibited.

8.32.080 Administrative fines and penalties.

8.32.090 Concurrent authority.

8.32.100 Fees deemed debt to the city.

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.

8.32.020 Definitions.

When used in this chapter, the following words shall have the meanings ascribed to them in this section:
“Citation” means an administrative citation issued pursuant to the Seaside Municipal Code to remedy a violation of this section.
“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.
“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, 12561, and the relevant sections of Title 19 of Packet Page 132
the California Code of Regulations, as the same may be amended from time to time.
“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.” “Hearing officer” means the person appointed by the city manager or city attorney to serve as the hearing officer for administrative hearings hereunder. “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.

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“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.

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.

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

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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.

8.32.050 Seizure of fireworks.

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

The City Council may require the City’s police and fire departments to prepare and present either or both 1) an fireworks operation plan report and 2) after-action report, as they deem necessary and appropriate.

8.32.070 Manufacture of fireworks prohibited.

No person, firm, or corporation shall manufacture fireworks of any type within the city of Seaside.

8.32.080 Administrative fines and penalties.

A. The maximum violation of this chapter shall be a misdemeanor unless otherwise set forth in state or federal law.

B. Any person or entity who possesses, uses, stores, sells, and/or displays safe and sane fireworks other than those permitted under this chapter are subject to an administrative fine, together with all costs of enforcement. Administrative fines shall be subject to the procedures established in Chapter 2.56 SMC, as such may be amended by the City Council from time to time or as set forth in state law.

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 Packet Page 135
city to address violations of this chapter including, as an alternative to the issuance of an administrative fine pursuant to this section, and in his or her sole discretion, the city attorney may criminally prosecute a violation of this chapter.

D. 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 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.

E. 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.

8.32.090 Concurrent authority.

8.32.100 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 lawful manner, including but not limited to Franchise Tax Board diversion programs, administrative collection or by a court of competent jurisdiction.

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SECTION 4. Election Required. This Ordinance shall not become effective unless and until a majority of City voters voting on this measure vote to approve it at the General Municipal Election to be held on November 5, 2024.

SECTION 5. Effective Date. This Ordinance shall go into effect ten (10) days after the date on which the election results are declared by the City Council.

THE FOREGOING ORDINANCE was approved by the following vote of the People of the City of Seaside on November 5, 2024:

YES:

NO:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:

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______________________________
Sheri L. Damon, City Attorney
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S E A S I D E
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St Wanda Ave
Circle Ave
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Fremont St
Hwy 1
1st St
General Jim
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Del Monte Blvd
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Bataan Rd
Hwy 1
Coe Ave
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Sonoma Ave
Tunisia Rd
Hwy 1
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Portola Dr
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Metz Rd
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Harcourt Ave
Naples
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Elm Ave
Kimball Ave
Yosemite
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Olympia Ave
Coe Ave
1 1st St st Av
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Lig
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Monterey Rd
Sand Dunes Dr
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Ardennes Cir
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La Salle Ave
Warin
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Brittany
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Ortiz Ave
Attu Rd
Ke
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Terra
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Hwy
1 Ke
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Elm Ave
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Eucalyptus Rd
Hwy
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Del Monte
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Palm Ave
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8th St
Vallejo
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Ramona Ave
Fremont
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Hwy 1
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Hwy 1
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Warin
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Fre
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Sonoma Ave
Trinity Ave
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St H
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C St
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Ardennes Cir
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Anzio Rd
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Military Ave
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8th St
Hig
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Imjin Rd
1st Ave
General Jim
Moore
Blvd
Colmar Rd
Hwy 1
Brittany Rd
B St
Wanda Ave
Monterey Rd
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Elm Ave
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Flore
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San Pablo Ave
Carentan Rd
Sonoma Ave
2nd St
Ke
n
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Hatten
Rd
3rd St
8th
Ave
Kimball Ave
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Del Monte
Blvd
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Tioga Ave
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hla
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1 S
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Alh
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Moore
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5th Ave
Fremont
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The
Mall
Wanda Ave
Sonoma Ave
Gigling Rd
Warin
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Ninth St
California Rd
Ardennes Cir
Ord Grove Ave
Hannon Ave
Vallejo
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3rd St
Warin
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Elm Ave
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Ave
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Amador Ave
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Hilby Ave
4th St
Mescal St
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al St
5th
Ave
Normandy Rd
Hilby Ave
Trinity Ave
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Av
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Portola Dr
Metz Rd
Hills
d
ale
St
Parker Flats Cutoff
General Jim
Moore
Blvd
Yo
s
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mite
St
Noumea Rd
General Jim
Moore
Blvd
Sand Dunes Dr
Hwy 1
6th
Av
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9th St
Broadway Ave
Gigling Rd
L
o
w
ell St
Hilby Ave
Ardennes Cir
Plumas Ave
Gigling Rd
Monterey Rd
Normandy Rd
C St
Canyon Del Rey Blvd
Hwy 1
Flore
s
St
Military Ave
Plumas Ave
General
Jim
Moore
Blvd
L
o
w
ell St
D
arwin
St
3rd St
Owen Durham St
Hamilton Ave
1st St
Flore
s
St
7th Division Pl
Noumea
Rd
Parker Flats Rd
Portola Dr
Wanda Ave
Amador Ave
Hwy 1
Del Monte Blvd
Hatten
Rd
L
u
z
ern
St
Harcourt Ave
Ramona Ave
Vista Del Mar St
Fremont St
An
zio
Rd
Circle
Av
e
Luzon
Rd
7th
Av
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Luzon Rd
Ortiz Ave
L
u
xto
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St
John St
Fremont Blvd
4th
Ave
Hwy 1
Vallejo
St
8th St
Broadway Ave
1st Av
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Lowell St
Yo
s
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mite
St
3rd St
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u
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ern
St
L
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St
1st Av
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Palm Ave
7th
Av
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Baker
St
1st Ave
5th
Av
e
General Jim
Moore
Blvd
Flore
s
St
Luxto
n
St
Mescal St
Hwy 1
Gigling Rd
Kalborn
Rd
La Salle Ave
P
e
nin
s
ula
P
oint Dr
3rd St
8th St
Eucalyptus Rd
8th St
Hamilton Ave
D
arwin
St
Palm Ave
Ke
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n
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St
6th
Av
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Date: 7/30/2020
City of Seaside
0 0.425 0.85 1.7 Miles
²
Packet Page 139

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: March 21, 2024
SUBJECT: AN AMENDMENT TO THE ZONING ORDINANCE TO INCREASE EFFICIENCIES IN THE PROCESSING OF PLANNING PERMITS.

THE PROJECT IS NOT SUBJECT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15061(B)(3) (FIRST READING - ROLL

CALL VOTE)

RECOMMENDATION
Conduct the first reading of the Ordinance approving Zoning Ordinance Amendment ZOA-24-01.

BACKGROUND
Title 17 of the Seaside Municipal Code is the City's Zoning Ordinance. This Ordinance provides regulations relating to the establishment, operation, characteristics, and placement of all development and uses of land located on private property in the City of Seaside. The Ordinance is administered by the City's Planning Division within the City's Economic Development Department. The Zoning Ordinance also outlines the processes to be followed in reviewing applications. Applications are primarily two types:
ministerial/administrative and discretionary. Ministerial/administrative permits are those approved at the staff level with no public input - essentially if the proposal meets the standards established within the Code, then it is approved; if not, then it can be denied or referred back for revisions. The majority of permits processed by the City are discretionary in nature, which involve making findings to justify decisions made and involve public notification and an opportunity to provide input. Discretionary applications take significantly more staff resources to process and generally take significantly longer to process than ministerial/administrative permits (partly due to the additional processes required and partly due to the generally more complex nature of discretionary permits).

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Item No. 10.A. Page 2 of 8
The proposed Zoning Ordinance Amendment is primarily designed to reduce permitting burdens for both the public and staff, with an emphasis on applications which are for smaller and/or noncontroversial projects, while retaining public notification and opportunity for input. This Staff Report presents the proposed changes topically and focuses on the more significant changes. The specific changes to the Zoning Ordinance may be found in strikeout/underline form in Exhibit A of the attached Resolution. A Section-by-Section summary of the changes, which explores each change individually, is also included as Attachment 2 to this Report.

The changes to the Zoning Ordinance may be broadly summarized as follows:

Changes to Required Permitting
Several items which currently require certain permits under the Zoning Ordinance have had their permitting requirements altered or removed entirely. These include:
- Changing requirements for exterior residential staircases from a Use Permit to Architectural Review. (Section 2)
- Changing reasonable accomodation (ADA) improvements from a Minor Use Permit to an administrative review. (Section 3)
- Eliminate the requirement for all fences to obtain a Building Permit (some fences will still require a Building Permit if required by the Building Code). (Section 7) - Clarify that a "fence exception" is reviewed through the Variance process. (Section 8) - Clarify the process and applicability of certain provisions relating to second driveways. (Section 9)
- Provide that murals are subject to Architectural Review and will also be brought to the Art and History Commission to provide a recommendation for the Planning Commission. (Section 10)
- Change the thresholds for permit exemptions and the types of required permits for temporary fundraising events held by nonprofit organizations. (Section 17) Changes to Sign Review and Processing (Section 10)
The proposed changes will clarify that signs are approved through a Sign Permit, not a Zoning Clearance. Master Sign Programs are currently required for all multi-tenant commercial buildings as well as for signs which do not comply with the standards set forth in the Zoning Ordinance, and all Master Sign Programs currently must be reviewed by the Planning Commission. The Zoning Ordinance update would provide authority for the Zoning Administrator to approve a Master Sign Program provided that all of the signs were compliant with the Zoning Ordinance. Signs not in compliance with the Zoning Ordinance would still require public notification and a hearing before the Planning Commission. This would streamline processing by eliminating the need for public notification and hearings for proposals that are code-compliant. This Section Packet Page 141

Item No. 10.A. Page 3 of 8
would also clarify rules for the processing of murals.

Home Occupations (Section 13)
Home Occupations are businesses operated out of a dwelling by the resident of that dwelling. The Zoning Ordinance Amendment would make minor changes to rules for Home Occupations. Shipping businesses from home would be allowed so long as all inventory is kept within the house and the number of vehicle trips is not increased above what is already allowed for a home occupation (8 trips/day). It would also remove the requirement that the Home Occupation Permit be renewed every two years (although an annual business license would still need to be renewed).

Mixed Use Buildings (Section 15)
Mixed use buildings are buildings which include a mix of residential and commercial uses, usually with commercial on the ground floor and residential uses above. There are many older commercial buildings which include underutilized second floors. Allowing for these second story areas to be converted into residential use would provide an opportunity for these buildings to be reutilized and encourage investment. Currently, a mixed use building is required to be a minimum of 8,000 square feet in size. Many existing buildings are smaller than this are therefore ineligible. The Zoning Ordinance Amendment would eliminate the minimum square footage, removing a barrier to the conversion of existing buildings to mixed use.

Administrative Review/Notice of Intent to Approve (Sections 16, 17, 20, and 21) Discretionary applications take a significant amount of staff resources to process, and include lengthy wait times. On the staff resources side, it involves the drafting of a Staff Report, a Resolution, a PowerPoint presentation, and other shorter documents.

From a timing standpoint, the waiting period for public hearing notice and the hearing takes a minimum of two weeks and can run as long as four to five weeks. The advantages of such a system are that it allows for public notification and the opportunity for participation in the decision-making process. However, for many projects, the public does not choose to engage.

This Zoning Ordinance Amendment proposes to establish a new process for public notification for certain applications for Architectural Review, Use Permits, Minor Use Permits, and Variances. Once an application is deemed complete and has a recommendation of approval, instead of the current process of automatically scheduling a hearing (which requires notice in a newspaper as well as mailings), the Zoning Administrator would send out a Notice of Intent to Approve to all property owners within 300 feet stating the intent of the Zoning Administrator to approve the application after 10 days (if applicable, staking and flagging would be required 14 days prior to the approval). Any member of the public would then have the right to request a hearing - Packet Page 142

Item No. 10.A. Page 4 of 8
this request would not need to provide a reasoning, and would not entail any cost. If a hearing is requested, then a hearing will be scheduled at the next opportunity. If no hearing is requested, then the Zoning Administrator would be able to administratively approve the permit. Some projects would not be eligible for this treatment: projects which are not exempt from CEQA, would be ineligible, for example. For Architectural Review, the building's design would need to utilize elements found on other buildings within the neighboring block face. Projects which the Zoning Administrator believes should be denied would be automatically referred for a hearing. The Zoning Administrator would also have the authority to refer any item which the Zoning Administrator believes is likely to generate a protest. This is similar to the process currently used for the processing of Minor Variances, although that permit type is proposed to be eliminated (see below).

Overall, this process would save both staff time as well as provide permits more quickly to applicants. On the staff side, there would be no need to draft a full Staff Report, Resolution, or Powerpoint - only findings and conditions of approval would be necessary. On the applicant side, there would be a minimum savings of four days (as public notices must be provided to the newspaper 14 days in advance in order to be published ten days in advance). Additional time savings up up to 2-3 weeks are possible since the Notice of Intent to Approve could be sent any time and would not need to wait for the next scheduled hearing. It would also not be disrupted by holidays or other canceled meetings. Some projects could take longer if a protest is received (which would necessitate sending out public hearing notices). However, past experience would seem to suggest that this would not be the norm, and staff will endeavor to simply schedule items for a hearing if there are indications it could be controversial.

Staking and Flagging (Section 17)
The current Zoning Ordinance provides that all commercial buildings as well as residential buildings over 18 feet in height which are subject to Architectural Review provide staking and flagging at the site, creating a temporary structure which mimics the dimensions and mass of the proposed structure. This staking and flagging serves the dual purpose of providing additional information to project reviewers as well as providing a form of public notice to those who do not live within 300 feet of the site and do not see the notice in the newspaper. However, in certain cases there may be significant barriers which make such structures challenging, especially with taller structures or those located in the place of existing buildings or in areas with vehicle or pedestrian traffic. The current Ordinance does not provide any alternatives to staking and flagging.

The proposed Ordinance would provide an alternative means of complying with this provision for structures which are over 25 feet in height, then as an alternative the applicant may perform the following:

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Item No. 10.A. Page 5 of 8
- Provide mailings of the project to every address within 300 feet of the site. This would be in addition to the standard notice sent to property owners. - Retain the services of a licensed surveyor, architect, or engineer to have architectural renderings of the project produced.
- Place signs a minimum of 3' by 5' in size on each abutting street frontage. 40% of the sign area must be occupied by an architectural rendering prepared by the applicant and selected by the Zoning Administrator, a description of the project, and the date, time, and location of any hearings must be included on the sign.

Taken together, staff believes that these measures will provide benefits towards project visualization and public notice similar to that which is accomplished through staking and flagging.

Planned Development Permits and Variances (Sections 19 and 21) The Zoning Ordinance provides standards for development within the City of Seaside, including setbacks, height restrictions, floor area, lot coverage, landscaping requirements, open space requirements, parking requirements, and many others. In most cases, compliance with these standards is required except in cases where a specific process is outlined (such as parking reductions). However, this can lead to rigidity in design and stifle innovation in the development of new projects. Further, there are cases where there are physical limitations on the development site in which strict compliance would render a project infeasible.

The Zoning Ordinance currently has a permit type (the Planned Development Permit) which allows for consideration of alternatives to the Development Regulations of the Ordinance. These alternatives do not represent an exception; rather, they would represent an alternative that would produce a better result than strict compliance with the Zoning Ordinance would produce. An example of this could be reducing the overall landscaping area below the square footage required by the Ordinance, but placing enhanced landscaping (ie berms, mature trees, river rock, etc) within a highly visible area instead. This arguably produces a superior design, although it does not strictly comply with the Ordinance.

Currently, the primary limitation on Planned Development Permits is that they are limited to sites greater than one acre in size. The proposed Amendment would eliminate that requirement, allowing for Planned Development Permits in a wide variety of situations. It is also worth noting that the Planned Development Permit would not be eligible for administrative approval through the Notice of Intent to Approve process outlined above; this is because of the inherently subjective nature of determining whether a change is in fact superior to strict compliance. Planned Development Permits would always require a public hearing.

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Item No. 10.A. Page 6 of 8
Like Planned Development Permits, Variances allow a project to deviate from the standards set forth in the Zoning Ordinance. However, whereas a Planned Development Permit represents an alternative based on superior design, a Variance represents an exception based upon physical constraints on a site which prevent an owner from using their property in a similar way to other users in the vicinity. An example of this would be a new residential unit on a small parcel with a 25-foot width, which creates potential issues with lot coverage, setbacks, and parking requirements.

A Variance must represent a solution to a defined constraint and does not allow for unrelated changes (in the example above, the inability to meet side yard setbacks would not allow an increase in the height). In most cases, solutions are straightforward and can be described to the neighboring property owners. For this reason, staff is proposing the use of the Notice of Intent to Approve process described above to apply to Variances.

The current Zoning Ordinance also includes an application type for Minor Variances.

Minor Variances essentially allow for small deviations (up to 10%) from certain development standards without the need to find that the development is superior nor a finding of physical constraints. Minor Variances essentially follow an approval process nearly identical to the administrative process outlined above. However, staff believes that deviations from the Ordinance should be justified, either by being superior to strict compliance or due to physical constraints on the property. Thus, staff is recommending the deletion of the Minor Variance permit process, and consolidating those projects into a Variance process with the opportunity for administrative approval if objections from the community are not received.

Permit Action Timelines (Sections 22 and 25)
Currently, a permit that is not signed by the applicant within 15 days of approval is null and void. Staff believes this is a disproportionate response to an administrative matter.

The proposed Amendment would change this to state that the permit must be executed prior to issuance of a Building Permit or establishment of the use.

The current Ordinance also requires that an applicant obtain Building Permits and commence construction activity within 6 months of obtaining the planning permit (unless a longer time is specified in the permit). Failure to do so results in the permit becoming void. The proposed Amendment would allow twelve months to obtain a Building Permit in order to deem the permit exercised.

The proposed Amendment would also provide a stipulation that if a permitted use is established but then discontinued for a period of more than 24 months, the permit shall become null and void. Currently, there is no time limit, which means that all exercised permits remain in force indefinitely unless a revocation process is initiated.

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Item No. 10.A. Page 7 of 8
Finally, under the current Ordinance, a permit may be extended subject to approval of the original approval body. This typically requires a public hearing. The proposed Amendment would allow the Zoning Administrator to provide a one-time extension administratively if there have been no changes to the circumstances under which the project was originally approved. The number of possible extensions has been increased to two; second extensions and/or changed circumstances would require approval of the original approving body.

Non-Conforming Uses and Structures (Sections 26, 27, and 32) Non-conforming uses and structures are uses and structures that were legally established or constructed, but no longer comply with current Ordinances due to changes in the Ordinance. For example, a residential unit could remain in an area now zoned for exclusively commercial uses (non-conforming use), or a building may be built closer to a property line than a setback allows (non-conforming structure). Nonconforming uses and structures are considered distinct and are regulated slightly differently; however in both cases the general principle is that the existing use or structure may continue to operate but the non-conformity may not increase.

The current Ordinance stipulates that a non-conforming use would be considered abandoned and rights terminated if it is left vacant for 180 days or more. In practice, this can create challenges for buildings that are unable to attract a tenant or are undergoing renovation. There is a provision in the existing Ordinance to allow for an extension of time with a Minor Use Permit - however this is a process that can take several months, which requires the matter to be brought up well in advance of the expiration. The proposed Ordinance allows the Zoning Administrator to administratively extend the time period by an additional 18 months if it can be shown that the use has not in fact been abandoned but rather there is simply a temporary gap while a new tenant is located or work is completed.

There are two significant changes related to non-conforming structures. First, the current Ordinance allows for "Ordinary Maintenance and Repair" to be conducted on a non-conforming structure. However, the definition of "Ordinary Maintenance and Repair" (see Section 31) currently defines that term to exclude any work requiring a Building Permit, essentially prohibiting any work that requires a Building Permit.

Unfortunately, many activities that would likely be considered routine maintenance, such as water heater replacement, reroofing, or electrical/plumbing work, require Building Permits and are therefore currently prohibited in non-conforming structures.

The proposed Ordinance would eliminate the Building Permit threshold and would clarify that purely aesthetic modifications can be considered as "Ordinary Repair and Maintenance." This is so owners of property are not effectively prohibited from ensuring that their properties do not become blighted.

Second, the Zoning Ordinance currently prohibits any additions to nonconforming Packet Page 146

Item No. 10.A. Page 8 of 8
structures, even if those additions would be compliant. The Amendment permits additions to nonconforming structures that comply with current regulations.

Planning Commission
These changes were presented to the Planning Commission on February 28, 2024. The Commission unanimously voted to recommend that the Council approve the changes included in this Ordinance.

California Environmental Quality Act (CEQA)
The proposed Zoning Ordinance Amendment has been reviewed under CEQA. Since the majority of the changes represent changes to permit processing procedures, rather than changes to allowable uses or development regulations, and the remaining changes represent minor changes to a limited number of uses, the Zoning Ordinance Amendment is not subject to CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there would be no impact on the environment.

FISCAL IMPACT
While there will be no direct fiscal impact, this item is expected to increase productivity within the Planning Division.

ATTACHMENTS

1. ZOA-24-01 CC Ordinance

2. Ordinance Exhibit A ZOA-24-01

3. Attachment 2 - ZOA-24-01 Section-by-Section Analysis Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 147
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING AN AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF

SEASIDE MAKING VARIOUS CHANGES TO PROCEDURES AND TIMELINES FOR

THE REVIEW AND PROCESSING OF PERMITS AND OTHER ZONING

APPLICATIONS AS WELL AS MINOR CHANGES TO DEFINITIONS AND ALLOWED OPERATIONAL CHARACTERISTICS OF SPECIFIED USES. THE

PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3).

WHEREAS, on October 4, 2007, the Seaside City adopted a Zoning Ordinance to regulate land use and development within the City of Seaside; and WHEREAS, the Zoning Ordinance includes procedures for the processing of permits and other land use entitlements; and
WHEREAS, the City Council desires to improve efficiencies by reducing the time and financial costs associated with the review of permits and land use entitlements; and
WHEREAS, the proposed Zoning Ordinance Amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as the proposed Zoning Ordinance Amendment will only change processing procedures and timelines and will not significantly modify any portion of the Zoning Ordinance impacting allowable uses or development standards; and WHEREAS, on February 28, 2024, the Planning Commission held a duly noticed public hearing and adopted Resolution 24-06 recommending that the City Council adopt ZOA-24-01 as presented by staff.

NOW, THEREFORE, The City Council of the City of Seaside does hereby ordain as follows:

SECTION 1. The City Council hereby finds and determines the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. Title 17 of the Seaside Municipal Code is hereby amended as provided in Exhibit A.

SECTION 3. The City Council hereby finds that this Ordinance is not subject to the CEQA pursuant to CEQA Guidelines Section .

Packet Page 148
SECTION 4. If any provision, section, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 5. This Ordinance shall become effective thirty days following adoption of its second reading.

INTRODUCED at a regular meeting of the City Council of the City of Seaside, State of California, held on the 21st day of March 2024.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, held on the XX day of XXXXXX 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
__________________________
Ian N. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
__________________________
Sheri L. Damon, City Attorney
Packet Page 149
Attach:

Exhibit “A” – Zoning Ordinance Amendment Text
Packet Page 150

EXHIBIT A
Title 17 of the Seaside Municipal Code is hereby amended as follows:

SECTION 1. Section 17.12.050 is hereby amended as follows:

17.12.050 Residential Zone Site Planning and Building Standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2-3, in addition to the applicable standards in Article 3 (for example, landscaping, parking and loading). Alternatives and/or Eexceptions may be granted in compliance with Sections 17.62.050 (Planned Development Permit) and

17.62.080 (Variance and Minor Variance).

SECTION 2. Footnote (6) of Table 2-3 in Section 17.12.050 is hereby amended as follows:
(6) Exterior stairways that would lead to a second floor or roof deck are permitted with the issuance of amay be allowed subject to the approval of an Architectural Review use permit.

SECTION 3. Section 17.12.060 is hereby added to the Municipal Code to read as follows:

17.12.060 Americans with Disabilities Act (ADA) accommodations.

The Zoning Administrator may approve modifications to the development standards of this Zoning Ordinance for a residential project providing reasonable accommodations for persons with disabilities after first making the following findings. This review shall be ministerial and shall not be subject to public notice or hearing unless appealed in accordance with Chapter 17.76.

1. An individual residing at the property and protected under the Americans with Disabilities Act has a special need that would only be served by the requested modification to development standards for the proposed project;

2. If applicable, the applicant has taken reasonable steps to ensure that the design, location, size, and operating characteristics of the proposed modification are compatible with the existing and planned future land uses in the vicinity; and

3. Alternative accommodations which may provide an equivalent level of benefit, but would not require modifications to the development standards of this Zoning Ordinance, are cost-prohibitive or infeasible for the proposed project.

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SECTION 4. Section 17.16.040.A is hereby amended as follows:

A. Purpose. The requirements of this section are intended to provide for pedestrian- and customer-oriented design and encourage modern and contemporary building styles in the CA zone. The primary design objectives of this section are to create a unified CA zone district and attractive streetscapes. The intent of these standards is not to limit innovative design approaches, nor is it to have all dealerships look exactly alike. Manufacturer image programs are acceptable. The Board of Architectural Review may grant eModificationsxceptions to the requirements of this section that are not otherwise subject to Subsection 17.62.080.C.2 (Minor Variance)may be considered through the Architectural Review process.

SECTION 5. Section 17.16.050.A is hereby amended as follows:

A. Purpose. The purpose of these regulations is to improve the appearance of the CA zone. Providing limitations regarding specific types of signs promotes compatible signage and avoids visual clutter. These standards will help promote the aesthetic and environmental values of the community by providing for signs that do not impair the attractiveness of the City as a place to live, work, and shop, provide for signs as an effective channel of communication, while ensuring that signs are aesthetically proportioned in relation to adjacent structures and the structures to which they are attached. The Board of Architectural Review may grant eExceptions to the requirements of this section that are not otherwise subject to Subsection 17.62.080.C.2 (Minor Variance) may be considered through the Master Sign Program process entitlement required for signs within the CA zone.

SECTION 6. Section 17.16.050.C is hereby amended as follows:

C. Sign Permit requirements.

1. Sign Permit. As described in Section 17.40.030 (Sign Permit Requirements), all signs shall require the issuance of a Sign Permit prior to construction, installation, or modification. Temporary promotional banners, flags, and balloons are exempt from sign permit requirements.

2. Master Sign Program. The various lot sizes, number of frontages, and buildings located on each property within the CA zone make it impossible to establish a set of sign standards that would effectively apply to all properties and signage needs. A Master Sign Program shall be required for all properties Auto Sales/Rentals within the CA zone. A Master Sign Program shall be submitted to the Board of Architectural Review required for all proposed permanent sign(s) and relocation or alterations to existing signs. Review of the proposed Master Sign Program will evaluate existing and proposed signs, site conditions and constraints, building uses, and on-site circulation in order to determine sign allowances. The Zoning Administrator shall have the authority to administratively approve a Master Sign Program in which all allowed signs would comply with the requirements of this Chapter, including requirements for maximum sign area, sign type, Packet Page 152
and sign placement. All other Master Sign Programs shall require approval of the Planning Commission. Approval of a Master Sign Program does not eliminate the need to obtain Sign Permits.

3. Temporary promotional banners, flags, and balloons are exempt from the Sign Permit and Master Sign Program requirements.

SECTION 7. Section 17.30.020.D.7 is hereby amended as follows:

7. Building permit. A building permit is required for all new fencing and reconstructed fencing.

SECTION 8. Section 17.30.020.F is hereby amended as follows:

F. Fence, wall, and hedge exceptions granted by Zoning Administrator.

1. Where a physical hardship exists because of unique or unusual topographic conditions or structure location, and upon the approval of the Zoning Administrator, a fence, wall, and/or hedge that exceeds the maximum standards of this Zoning Code may be allowed subject to approval of a fence exceptionVariance approved by the Commission, as allowed in Subsection F.2 of this section.

2. In addition to those findings specified in Section 17.62.080.E, Tthe approval of a fence, wall, or hedge exception shall require that the Zoning Administratorreview authority first make all of the following findings:
a. A general or traffic-related safety hazard to City residents and/or the general public would not be created;
b. A traffic-related safety hazard would not be created; bc. The fence or wall will not impair visibility at an intersection or traffic safety visibility area nor obstruct vision from an adjoining driveway; d. The fence or wall will not obstruct vision from an adjoining driveway; ce. The fence or wall is compatible with the surrounding neighborhood.; and f. Public notice has been given and a public hearing has been conducted in compliance with Chapter 17.78 (Public Hearings).

3. The Zoning Administrator may refer an application for an exception to the City’s Traffic Advisory Committee for review and recommendation.

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43. The Zoning Administratorreview authority may approve, modify, or deny an application for an exception and apply reasonable conditions as necessary to ensure the public health, safety, and welfare.

SECTION 9. Sections 17.34.120 and 17.34.120.A are hereby amended as follows:

17.34.120 Driveways and Site Access
Each driveway providing site access from a street, alley, or other public right-of-way shall be designed, constructed, and properly maintained in compliance with the following. The Zoning Administrator may modify the requirements of this section (excluding Section 17.34.120.A) through Minor Use Permit approval (Section 17.62.070) in consultation with the City Engineer.

A. Number of driveways. The number and placement of driveways shall be limited as follows; provided, that second driveways or additional curb cuts on a parcel containing a Single Family Dwelling may be approved by the City Council following a recommendation from the Traffic Advisory Committee:

SECTION 10. Section 17.40.030 is hereby amended as follows:

17.40.030 Sign Permit Requirements
A. Sign Permit required.

1. Approval required. A Sign Permit is required for the installation or modification of all permanent wall signs, projecting signs, freestanding/monument signs, and window signs. No sign shall be constructed, installed, or modified, unless a Sign Permit is first obtained in compliance with this section, or the sign is allowed without a Sign Permit by Section 17.40.040 (Exemptions from Sign Permit Requirements). A proposed sign that is professionally rendered and in strict compliance with this chapter shall be approved or denied by the Zoning Administrator through a Zoning ClearanceSign Permit; provided, that the Zoning Administrator may choose to refer any Sign Permit application to the Board of Architectural ReviewPlanning Commission for consideration of approval. The appropriate review authority shall review each sign permit application and approve only those that comply with the findings required in Subsection D of this section (Findings for approval).
a. Conditions of approval. The review authority may require conditions of approval that are deemed reasonable and necessary to achieve the purpose, intent, and objectives of this chapter.
b. Approval criteria. The approval or non-approval of an application for a sSign pPermit shall be guided by the criteria identified in this cChapter. If the review authority finds that a proposed sign substantially complies with the standards of this chapter, the review authority shall approve the sign.

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c. Appeal. A decision of the Zoning Administrator or Board of Architectural ReviewPlanning Commission rendered in compliance with this chapter may be appealed in compliance with Chapter 17.76 (Appeals).

2. Compliance with standards required. No Sign Permit shall be approved for an existing or proposed sign unless the sign is in compliance with all applicable requirements of this Cchapter.

3. Building Permit required. A Building Permit may also be required for sign construction/installation in accordance with the 2008 California Building Code and amendments made thereto as adopted by the Seaside City Council.

4. Temporary signs. Temporary signs shall comply with Subsection 17.40.040.D (Temporary Signs) and Section 17.40.080 (Standards for Specific Sign Types).

B. Master Sign Program required. A Master Sign Program shall be approved by the Board of Architectural Review for any new sign permit on an existing commercial, quasipublic/institutional, and/or multi-family complex on a single project site with two or more tenants, and any new multiple-tenant project which requires a Use Permit, Variance, or is a planned unit development. No Sign Permit shall be issued for an individual sign requiring a Sign Permit for a new sign on an existing or newly developed multiple tenant commercial/residential project on a single project site with two or more tenants unless and until a Master Sign Program for the property in which the sign will be erected has been approved by the Board of Architectural Review. The Zoning Administrator shall have the authority to administratively approve a Master Sign Program in which all allowed signs would comply with the requirements of this Chapter, including requirements for maximum sign area, sign type, and sign placement. All other Master Sign Programs shall require approval of the Planning Commission. As part of Master Sign Program approval, the Board of Architectural ReviewPlanning Commission may grant exceptions to the standards of this chapter for the maximum size and number of signs, based on design features including architectural style, proportion to landscaping, site visibility, and building mass. A Master Sign Program shall conform to and complement the architectural design and character of the structure erected or to be erected on the project site. Subsequent signs that are required to comply with an existing approved Master Sign Program shall obtain a Sign Permit be reviewed and approved by the Zoning Administrator through a Zoning Clearance, in compliance with Section

17.62.020.

C. Application requirements. An application for a Sign Permit shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing).

The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for sign permits, and any applicable fees. It is the responsibility of the applicant to establish provide evidence to demonstrate compliancein support of the findings required by Subsection D of this section (Findings for approval).

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D. Findings for approval. The approval of a Sign Permit shall require that the review authority first make all the following findings, as applicable:

1. The proposed signs do not exceed the standards of Sections 17.40.070 (Zoning District Sign Standards) and 17.40.080 (Standards for Specific Sign Types) and are of the minimum size and height necessary to enable pedestrians and motorists to readily identify the facility or site from a sufficient distance to safely and conveniently access the facility or site.

2. The placement of the sign on the site is appropriate for the height and area of a freestanding or projecting sign.

3. A flush or projecting sign relates to the architectural design of the structure. Signs that cover windows, or that spill over natural boundaries and/or cover architectural features, shall be prohibited.

4. The proposed signs do not unreasonably block the sight lines of existing signs on adjacent properties.

5. The placement and size of the sign will not impair pedestrian or vehicular safety.

6. The design, height, location, and size of the signs are visually complementary and compatible with the scale and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties on the same street.

7. The proposed signs are in substantial conformance with the design criteria in Subsection 17.40.060.F (Design criteria for signs).

ED. Expiration and extension of Sign Permit approval.

1. Approval of a Sign Permit shall expire 12 months from the date of approval unless the sign has been installed or a different expiration date is stipulated at the time of approval. Before the expiration of a sign permit, the applicant may apply to the Department for an extension of up to an additional 12 months from the original date of expiration.

2. The expiration date of the Sign Permit shall be automatically extended to concur with the expiration date of the companion Building Permit or other applicable permits for the project.

SECTION 11. Section 17.40.040.A.1 is hereby amended as follows:

1. Modifications to sign copy on conforming signs where all structural components of the sign remain in place and unaltered shall be reviewed and approved by the Zoning Packet Page 156
Administrator through a Zoning Clearance in compliance with Section 17.62.020 (Zoning Clearance); and
SECTION 12. Section 17.40.080.D is hereby amended as follows:

D. Murals. A mural placed on the wall of a structure may be allowed in any commercial or industrial zone subject to the following:

1. A mural without text visible from a public right-of-way may be approved in addition to (not counted as part of) the sign area allowed by Section 17.40.070 (Zoning District Sign Standards); a mural with text advertising the use of the business shall comply with the sign area limitations applicable to the site. When calculating sign area for a mural including text, the text and any logos (or similar feature) shall be counted as sign area and calculated in accordance with Section 17.40.060. Purely decorative aspects of the mural shall not be counted as sign area. When doubt exists whether a portion of the mural is commercial or decorative, the Zoning Administrator shall make a determination regarding the nature of that portion of the mural.

2. Murals that illustrate the local setting and history as sources of inspiration are encouraged.

3. Mural Exhibits shall not include depictions of Specified Anatomical Areas or Specified Sexual Activities as defined by Chapter 5.08 of the Municipal Code. Murals shall not include gang affiliation symbols or other content which, in the opinion of the review authority, could be deemed offensive to the general community.

43. All murals are subject to approval by the Board of Architectural Review the Architectural Review process in compliance with Section 17.62.030 (Architectural Review). Prior to consideration, the review authority may obtain recommendations from the Art & History Commission or other City Departments to ensure that the mural is compatible with the community and does not contain any of the items described in Section 17.40.080.D.2.

54. The approval of a mural shall require that the review authority first find that the colors, placement, and size of the mural are visually compatible with the structure’s architecture, and that the mural will serve to enhance the aesthetics of the City.

SECTION 13. Section 17.52.120 is hereby amended as follows:

17.52.120 Home Occupations
A. Applicability. Home occupations shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards). These standards are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation or to the surrounding neighborhood.

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B. Permit requirement. A home occupation shall require City approval of a Home Occupation Permit and a Business License.

C. Limitations on use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations:

1. Uses allowed as home occupations. The following and other uses determined by the Director to be similar may be approved by the Director in compliance with this section:
a. Art and craft work (ceramics, painting, photography, sculpture, etc.); b. Tailors, sewing, etc.; and
c. Office-only uses, including an office for an architect, attorney, consultant, contractor, counselor, insurance agent, planner, tutor, writer, etc., and electronic commerce.

2. Uses prohibited as home occupations. The following are examples of business activities that are not incidental to or compatible with residential activities and are therefore prohibited as home occupations:
a. Adult entertainment activities/businesses;
b. Animal hospitals and boarding facilities;
c. Automotive and other vehicle repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engines, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;
d. Use of the project site as a storage facility for a contractor and other storage yards; e. Dismantling, junk, or scrap yards;
f. Fitness/health facilities (except that one-on-one personal trainers may be allowed); g. Medical clinics, laboratories, or doctor’s offices;
h. Personal services as defined in Article 7 (Glossary), except that licensed massage therapy and physical therapy may be allowed as home occupations in compliance with this section;
i. On-site sales, except that mail order businesses may be allowed where there is no any stock-in-trade on the site is stored entirely within the dwelling or an accessory structure and does not impede access to required parking or egress; j. Uses which require explosives or highly combustible or toxic materials; Packet Page 158
k. Welding and machine shop operations;
l. Wood cutting businesses; or
m. Other uses the Director determines to be similar to those listed above.

D. Operating standards. Home occupations shall comply with all of the following operating standards:

1. Accessory use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

2. Location of home occupation activities. All home occupation activities shall be confined completely to one room within the primary dwelling, which shall not occupy more than 25 percent of the gross interior floor area of the ground floor. Garages or other enclosed accessory structures may be used for home occupation purposes only if required off-street parking spaces are continually maintained. Horticultural activities for home occupation purposes may be conducted outdoors, but only within the rear one-third of the site.

3. Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way or from neighboring residential properties.

4. Signs. There shall be no advertising signs, other than one non-illuminated name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure.

5. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

6. Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.

7. Outdoor display or storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.

8. Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9. Client/customer visits. The home occupation shall be operated so as to not require more than eight vehicle trips per day of clients, customers, visitors, and/or service visits Packet Page 159
(including deliveries or pick-up of stock in-trade) to the residence. On-site presence of clients or customers shall be limited to one client or family at a time, and only between the hours of 9:00 a.m. and 8:00 p.m.

10. Motor vehicles. There shall be no motor vehicles used or kept on the premises, except residents’ passenger vehicles and/or one pickup truck, van, or similar vehicle not exceeding one-and-one-half-ton carrying capacity. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPStype home deliveries/pick-ups. The Commission may authorize other types and/or additional vehicles with Use Permit approval.

11. Utility service modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use.

12. Home occupation renewal. A Home Occupation Permit shall be valid for a period of two years. To remain valid after the two-year period, the applicant is responsible for applying for an extension to the Home Occupation Permit. Failure to obtain an extension will result in the permit becoming null and void.

SECTION 14. Section 17.52.130.B is hereby amended as follows:

B. Existing structures. A pre-existing structure that is converted to a live-work unit may deviate from the development standards included in this section through the minor variance process. Deviations shall be the minimum needed and only permitted when full implementation of the development standard is not feasible, as determined by the Planning Directorreview authority.

SECTION 15. Section 17.52.160.D is hereby amended as follows:

D. Development standards.

1. Minimum site area. The minimum site area for a mixed-use project is 8,000 square feet; provided, that while mixed-use development is an innovative means of attracting quality commercial development, a particular parcel, especially a smaller parcel and/or nonconforming lot, may not be able to achieve the level of quality intended by this section. In those instances, consolidation of small lots should be pursued to achieve the intent of this section.

21. Ground floor commercial requirement. Multi-story mixed use buildings shall include a minimum of 50 percent of the ground floor areas as commercial use.

32. Density. Residential density in a mixed-use project shall not exceed 25 units per acre (1,750 square feet per unit). All habitable floor area shall contain a reasonable Packet Page 160
combination of at least two of the following types of units: efficiency units, one-bedroom apartments, and two-bedroom apartments.

43. Height limit. A mixed-use project shall not exceed 40 feet in height.

54. Exterior appearance. The overall exterior appearance of mixed-use projects shall favor a commercial architectural design.

65. Parking requirements. A mixed-use project shall comply with the following parking requirements. Additional parking standards shall comply with those in Chapter 17.34 (Parking and Loading):
a. Commercial portion. One parking space for each 300 square feet of gross leasable floor area.
b. Residential portion. One covered parking space designated for:
(1) Efficiency and one bedroom units: One designated covered parking space. (2) Two bedroom units: Two designated covered parking spaces. c. Adjustments to standards. When there is a residential component to a mixed-use project, the Commission may allow a reduction to the required combined parking requirement for the proposed commercial and residential land uses based on a review of the individual needs of the proposed project.

SECTION 16. Table 5-1 Section 17.60.020 is hereby amended as follows:

Type of Action
Applicable
Zoning
Ordinance
Section
Role of Review Authority
Director or
Zoning
Administrator
Board of
Architectural
Review
Planning
Commission
City
Council
Administrative and Legislative Decisions
General Plan or LCP
Amendment

17.764 Recommend Recommend Decision
Interpretation 17.04 Decision (2) Appeal Appeal
Precise Plan or
Amendment

17.62.060 Recommend Recommend Decision
Specific Plan or
Amendment

17.764 Recommend Recommend Decision
Zoning Ordinance or
Map Amendment

17.764 Recommend Recommend Decision
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Planning Permit Decisions
Architectural Review 17.62.030 Recommend(3) Decision AppealDecision Appeal Certificate of
Appropriateness

17.68.050 Recommend Decision Appeal
Certificate of
Appropriateness –
Minor

17.68.050 Decision Appeal Appeal
Home Occupation
Permit

17.52.120 Decision Appeal Appeal
Limited Term Permit 17.62.040 Decision Appeal Appeal
Master Sign Program 17.40.030.B Recommend(3) Decision Appeal Minor Use Permit 17.62.070 Decision (2)
Recommend(3)
AppealDecision Appeal
Minor Variance 17.62.080 Decision (2) Appeal Appeal
Planned
Development Permit

17.62.050 Recommend Decision Appeal
Sign Permit 17.40.030.A Recommend
Decision
Decision Appeal Appeal
Use Permit 17.62.070 Recommend(3) Decision Appeal
Variance 17.62.080 Recommend(3) Decision Appeal
Zoning Clearance 17.62.020 Decision (2) Appeal Appeal
Subdivision Decisions
Minor Subdivision Subdivision
Ordinance
Recommend Decision Appeal
Major Subdivision Recommend Recommend Decision
Notes:
(1) “Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon an appeal to the decision of a prior decision-maker, in compliance with Chapter 17.76 (Appeals).
(2) The Director Zoning Administrator may defer action and refer the request to the Commission, so that the Commission may instead make the decision. (3) The Zoning Administrator may administratively approve these applications subject to the requirements of the applicable Section regulating issuance of the specific permit type.

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SECTION 17. Section 17.62.030 is hereby amended as follows:

17.62.030 Architectural Review
A. Purpose. Architectural rReview is intended to improve the aesthetic appearance of open spaces and structures, especially those visible from public rights-of-way, and to establish design standards and policies promoting and enhancing good design.

B. Applicability. Architectural rReview shall be required for the following projects:

1. For nonresidential, multi-family residential, and mixed-use projects: all new construction and additions of 50 percent or greater to existing structures;

2. For single-family residential projects: all new construction, additions to existing structures that result in a height of greater than 18 feet, and all new second-story elements including decks, roofs, exterior staircases, roof decks, projections, etc.;

3. Landscape and irrigation plans for new construction of multi-family residential, commercial, and other nonresidential development;

4. Residential subdivisions resulting in two or more dwellings;

5. Publicly financed projects administered by the City;

46. Master sSign pPrograms and murals as required by Subsection 17.40.080.D, or signs proposed within the City that are determined by the Zoning Administrator not to be professionally rendered or in strict compliance with Chapter 17.40 (Signs) or an existing master sign program previously approved by the Board of Architectural Review; provided, that each sign complies with the requirements of Chapter 17.40 (Signs); and

57. Satellite dish antennas greater than one meter in diameter;

68. Any change(s) to projects that previously received Architectural Review approval from the Board of Architectural Review that cannot be approved by the Zoning Administrator in accordance with Section 17.64.090 (Changes to an Approved Project).

C. Review authority. Architectural review shall be conducted by the Board of Architectural Review which shall report its findings to the applicable project review authority. A project that requires Commission and/or Council approval shall obtain that approval prior to final design approval by the Board of Architectural Review. The Director may require what the Director determines to be a project of significant size or impact to receive conceptual design review by the Board of Architectural Review prior to final action by the Commission or Council. Project review, notice, and hearing. Each application shall be reviewed by the Zoning Administrator.

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1. The Zoning Administrator may administratively approve an Architectural Review if all of the following requirements are met:
a. The Zoning Administrator has made the following findings:
(1) The proposed structure will not adversely impact the character of the neighborhood; and
(2) The proposed structure will be compatible with the scale, bulk, height, and location of existing structures located on the neighboring block face; and (3) The project is exempt or is not a project under CEQA; and (4) A Notice of Intent to Approve has been mailed to all real property owners within 300 feet of the property and no protest has been received; and (5) The applicant has complied with the requirements of Section 17.62.030.D.

2. If the project does not meet the requirements specified in Section 17.62.030.C.1 above, then the application for Architectural Review shall be considered by the Planning Commission. Additionally, the Zoning Administrator may refer any Architectural Review application to the Planning Commission as deemed appropriate.

3. Projects approved by the Zoning Administrator pursuant to Section 17.62.030.C.1 may be appealed to the Planning Commission pursuant to Chapter 17.76. If the Zoning Administrator determines that the project should be denied, the item shall automatically be referred to the Planning Commission with no need for appeal.

D. Staking and flagging required. An applicant for Architectural Review shall do one of the following:

1. At least 14 days prior to the date of consideration for an Architectural Review application, staking and flagging shall be erected by the applicant or the applicant’s agent, for all proposed new commercial structure(s) (including new structures and additions), and residential new construction and addition(s) to existing structure(s) over 18 feet in height, to demonstrate the dimensions and heights of the ridge lines at the highest peak of each roof line and perimeter. Staking and flagging installation shall comply with the City’s standards on staking and flagging. The Zoning Administrator may require that the applicant provide evidence to verify that the staking and flagging has taken place and accurately represents the proposed development.

2. For situations where staking and flagging for a structure over 25 feet in height is infeasible due to verified logistical or safety concerns, the Zoning Administrator may allow the applicant to perform the following alternative means of compliance for staking and flagging:

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a. In addition to public notices required pursuant to 17.78.020, a copy of the public hearing notice shall be sent to the occupant of every physical address located within 300 feet at least 10 days prior to the hearing; and
b. The applicant shall cause to have prepared by a licensed architect, surveyor, engineer, or other licensed professional deemed qualified by the Zoning Administrator, architectural renderings accurately showing the building as it would be viewed from multiple locations, including nearby streets, adjacent properties, and other views that may be significantly impacted; and
c. At least 14 days prior to the hearing, the applicant shall post in a conspicuous place along each road frontage abutting the property a sign, not less than three feet by five feet in size, providing a description of the project. A minimum of 40% of the area of the sign shall be occupied by an architectural rendering approved by the Zoning Administrator, and the sign shall also include a description of the project, the time, place, and hearing body for any public hearing,
The applicant shall be responsible for any and all costs for staking and flagging or alternative means of compliance.

E. Review considerations. Architectural Rreview approval shall require that the Board of Architectural Reviewreview authority shall first evaluate the following aspects of each project:

1. Architectural considerations. Architectural considerations, including the character, quality, and scale of the design, architectural relationship with the site and other structures, building materials, colors, fencing, trash enclosure and walkway improvements, exterior lighting and signs, and the screening of exterior appurtenances.

2. Landscape considerations. Landscape considerations, including the color, coverage, location, size, texture, and type of plant materials, provisions for irrigation, maintenance, and the protection of landscaped areas, and similar elements. The Board of Architectural Reviewreview authority shall encourage the planting of native and/or drought-tolerant landscaping in compliance with Section 17.30.040 (Landscaping Standards).

3. Lighting considerations. Proposed outdoor lighting, including the proposed placement of fixtures, type of fixtures, and illumination levels.

F. Conditions of approval. In making its decisions, the Board of Architectural Reviewreview authority may impose the conditions as it deems reasonable and necessary to protect the best interests of the surrounding area, as well as to further the public health, safety, and general welfare of the community.

G. Review and approval of minor changes. The Board of Architectural Review review authority may adopt, by resolution, subject to ratification by the Commission, measures Packet Page 165
to streamline the review and approval of minor changes not specifically listed in Section

17.64.090 (Changes to an Approved Project).

SECTION 18. Section 17.62.040 is hereby amended as follows:

17.62.040 Limited Term Permit
A. Purpose. This section establishes procedures and standards for the review of Limited Term Permits for short-term activities that may not comply with standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.

B. Review authority. A Limited Term Permit may be reviewed, and approved or disapproved administratively by the Zoning Administrator, in compliance with this section.

C. Applicability. A Limited Term Permit may be granted only for the activities listed in Subsection E of this section.

D. Exempt short-term activities. The following short-term activities are allowed without a Limited Term Permit. A short-term activity that is not within the following categories shall comply with Subsection E or F of this section:

1. Construction yard – On-site. An on-site contractors’ construction yard for an approved construction project. The yard shall be removed from the site immediately upon completion of the project, or the expiration of the Building Permit authorizing construction, whichever occurs first.

2. Emergency activity. Emergency public health and safety activities, as determined by the City Manager or Council.

3. Event on site approved for public assembly. An event on the site of, or within, a public or private meeting facility, school, theater, or similar facility designed and approved by the City for public assembly, and occurring during daylight hours and with no amplified outdoor sound.

4. Event or activities on public property. Parades on public streets, events in public parks, golf courses, or on other publicly owned property, and approved by the City’s Special Events Committee.

5. Fundraising event. A temporary fundraising event within a nonresidential zone or on the site of an established nonresidential use within a residential zone, limited to a maximum of one two events of no more than three consecutive days, per organization, per month per site. A Limited Term Permit may allow an organization to conduct a fundraising event up to six times per year. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or an organization that is tax exempt in compliance with U.S. Internal Revenue Code Section 501(c).

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6. Garage sales. Garage sales, not to exceed four per year and two consecutive days, in compliance with Section 17.52.110 (Garage Sales).

7. Public property or public right-of-way work. Construction and maintenance activities conducted on public property that is authorized by an encroachment permit.

E. Allowed short-term activities. The following short-term limited activities may be allowed with a Limited Term Permit, in compliance with this section. A Limited Term Permit may authorize an activity for the time specified by this section, but in no event for more than 12 months. Other short-term activities that are not within the following categories shall instead comply with the planning permit requirements and standards that otherwise apply to the site:

1. Caretaker unit. See definition under Chapter 17.98 (Definitions).

2. Construction yard – Off-site. An off-site contractors’ construction yard for an approved construction project. The yard shall be removed immediately upon completion of the project, or the expiration of the Building Permit authorizing construction, whichever occurs first.

3. Events. Art and craft exhibits, carnivals, circuses, concerts, fairs, farmers markets, festivals, flea markets, food events, open air sales, outdoor entertainment/sporting events, religious revivals, rummage sales, secondhand sales, sidewalk sales, swap meets, and other special events, for up to five consecutive days, or four two-day weekends, within a 12-month period, on private, nonresidentially zoned property.

4. Fundraising event. A temporary fundraising event within a residential zone on a site that is vacant or contains an established residential use, limited to a maximum of one event of no more than three consecutive days, per organization, per month, per site, may be allowed with the issuance of a Longer Term Limited Term Permit per Subsection F of this section. A longer term Limited Term Permit may also allow an organization to conduct a fundraising events on sites within a nonresidential zone or on the site of an established residential use within a residential zone for more events during a year than would be exempt pursuant to Section 17.62.040.D.5 up to six times per year. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or an organization that is tax exempt in compliance with U.S. Internal Revenue Code Section 501(c).

5. Location filming. The temporary use of a site for location filming for commercials, movies, videos, etc., for the time specified by the Zoning Administrator, but not to exceed 12 months.

6. Model homes. A model home or model home complex may be authorized in compliance with the following standards, and other requirements deemed necessary by the Zoning Administrator:

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a. The sales office and any off-street parking shall be converted back to residential use and/or removed before final building inspection, or within 14 days from the sale of the last parcel in the subdivision, whichever first occurs. b. The model home complex shall be used only to sell units within the subdivision where the complex is located.
c. Model homes may be open to the public only after final building inspection, and after all subdivision improvements are completed and accepted by the City.

7. Seasonal sales lots. Seasonal product sales (e.g., for Halloween, Thanksgiving, Christmas) including a temporary security trailer, on private property in a nonresidential zone or at an established institutional use within a residential zone, for up to 30 days.

8. Temporary facilities during construction. One or more temporary structures may be used during the construction of an approved development as offices, or for the storage of equipment and/or tools.
a. Conditions of approval. Permit approval shall include conditions regarding the following matters:
(1) Requirements for adequate site ingress and egress;
(2) A prohibition on the use of the facility for any work other than that on the same site; (3) Requirements for the temporary storage of construction debris (e.g., asphalt, concrete, dirt) at designated on-site locations; provided, that the applicant shall furnish a schedule, acceptable to the Zoning Administrator, for the periodic disposal or recycling of the materials; and
(4) Requirements designed to minimize potential conflicts between the work on site and adjacent land uses.
b. Permit time limit. The permit may be approved for up to 12 months following the issuance of a companion Building Permit, or upon completion of the project, whichever occurs first:
(1) The permit may be extended by the Zoning Administrator for an additional 12 months if a written request for extension is submitted at least 14 days before permit expiration, and the applicant provides justification for the request that is determined by the Zoning Administrator to be reasonable (e.g., the delay was caused by reasons beyond the applicant’s control).

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(2) A permit for temporary construction facilities may be extended by the Zoning Administrator as needed; provided, that all construction facilities and equipment shall be removed from the site prior to the approval of a Certificate of Occupancy. c. Condition of site following completion. Each temporary structure and related improvements shall be completely removed from the site following the expiration of the Limited Term Permit, or within 30 days of completion of the development project, whichever occurs first.

9. Temporary real estate sales office. A temporary real estate sales office may be approved within an approved subdivision, solely for the first sale of homes within the subdivision. The sales office shall be completely removed from the site prior to issuance of a Certificate of Occupancy.

10. Temporary business office or private school classroom. A trailer or mobile home may be allowed as a temporary work site for employees of a business in advance of the completion of a permanent facility, or as a temporary classroom for a school; provided, that:
a. The permanent use has obtained all necessary zoning approvals/permitsbeen granted Use Permit approval by the Commission, and a Building Permit ishas been obtained for the trailer or mobile home, ands well as the permanent structure; b. The use is appropriate because:
(1) The trailer or mobile home will be in place during construction or remodeling of a permanent commercial, industrial, or classroom structure for a maximum of 1224 months, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or
(2) The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of 1224 months, while a permanent work site is being obtained; and
c. The trailer or mobile home is removed before final building inspection or the issuance of a Certificate of Occupancy for the permanent structure. (1) A temporary business office or school classroom may be allowed for up to 24 months, and the Commission Zoning Administrator may grant one extension of up to 12 months.

11. Similar temporary activities. A temporary activity that the Zoning Administrator determines is similar to the other activities listed in this subsection, and compatible with the applicable zoning and surrounding land uses.

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F. Longer-term limited activities subject to a Use Permit. The Commission City may authorize a temporary land use that would occur for a longer period than allowed shortterm land uses listed under this section by Use Permit approval, in compliance with Section 17.62.070 (Use Permit and Minor Use Permit), in lieu of a Limited Term Permit.

The Commission review authority may determine that a proposed temporary land use is similar to and compatible with a listed use and may be allowed, only after first making all of the following findings with the determination:

1. The characteristics of, and activities associated with, the use are similar to one or more of the listed allowed short-term uses under Subsection E of this section and will not involve a greater intensity than the uses listed in the zone;

2. The use will be consistent with the intents and purposes of the applicable zone;

3. The use is consistent with the General Plan and any applicable specific plans;

4. The use is compatible with the other uses allowed in the zone; and

5. The use is not listed as allowable in any other zone.

A determination that a use qualifies as a similar and compatible use, with the findings supporting the determination, shall be made in writing upon Use Permit approval.

G. Development standards. The Zoning Administrator shall establish the following standards based on the type of short-term activity, using the requirements of the applicable zone, and Articles 3 (Site Planning, Design, and Operational Standards) and 4 (Standards for Specific Land Uses) for guidance:

1. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;

2. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Ordinance; and

3. Limitation on the duration of any approved “temporary structure,” to a maximum of 12 months, so that it shall not become a permanent or long-term structure.

H. Application filing and processing. An application for a Limited Term Permit shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for Limited Term Permits, and any applicable fees. An application for a Limited Term Permit shall be submitted at least four working days prior to the proposed event date in order for staff to review the request.

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I. Project review, notice, and hearing.

1. Zoning Administrator review. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance.

2. Public notice and hearing requirements. No public notice or hearing is required prior to a Zoning Administrator decision on a Limited Term Permit. Public notice and, if necessary, a hearing is required prior to a Commission decision on a Use Permit in compliance with Chapter 17.78 (Public Hearings).

J. Findings and decision. The Zoning Administrator shall approve a Limited Term Permit only after first finding that the requested short-term activity complies with all applicable standards in this section.

K. Post-approval procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following a decision on a Limited Term Permit application.

1. Condition of the site following short-term activity. Each site occupied by a shortterm activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Ordinance. Performance security may be required before initiation of the activity to ensure cleanup after the activity is finished in compliance with Section 17.64.070 (Performance Guarantees).

2. Performance security for temporary structures. Before issuance of a Limited Term Permit, the applicant shall provide performance security in a form and amount acceptable to the Zoning Administrator to guarantee removal of all temporary structures within 30 days following the expiration of the Limited Term Permit in compliance with Section

17.64.070 (Performance Guarantees).

SECTION 19. Section 17.62.050 is hereby amended as follows:

17.62.050 Planned Development Permit
A. Purpose. The Planned Development Permit is intended to provide for flexibility in the application of Zoning Ordinance standards to proposed development under limited and unique circumstances. The purpose is to allow for consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the Zoning Ordinance standards would produce without adjustment. The City expects eEach Planned Development project must to be of obvious, significantly higher quality than would be achieved through conventional design practices and strict application of Zoning standards. Economic gain or the loss of prospective profits shall not be a basis for consideration of a Planned Development Permit.

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B. Applicability. A Planned Development Permit application may be filed and processed only under the following circumstances:

1. Minimum site area. A Planned Development Permit may be requested only for a residential, commercial, industrial, or mixed-use development on a site of one acre or larger.

21. Timing of permit. No Building or Grading Permit shall be issued on a site for which a Planned Development Permit is proposed until the Planned Development Permit has been approved in compliance with this section.

32. Scope of approval.
a. Planned Development Permit approval may adjust or modify, where determined by the review authority to be necessary and justifiable, any applicable development standard of this Zoning Ordinance (e.g., building height, setbacks, parking, street layout); provided, that the approval shall not authorize a land use that is not allowed in the applicable zone by Article 2 nor alter any development standard that is specified within the General Plan.
b. A project proposing increased residential density may only be approved by the Council in compliance with Chapter 17.33 (Affordable Housing Incentives).

C. Project design and development standards. A planned development project shall be designed and constructed in compliance with the following requirements, in addition to all other applicable requirements of this Zoning Code:

1. Infrastructure requirements. A planned development proposal shall not be approved unless adequate sewer and water lines and streets already service the site, or the developer proposes to install the facilities at the developer’s expense.

2. Street design. The street system in a planned development shall conform to the existing topography rather than cut through it, to minimize cut-and-fill grading activities.

A planned development of five or more acres shall be designed and constructed with direct access to at least one major thoroughfare.

3. Preservation of community assets and landmarks. Historic places, groves, scenic points, trees, waterways, and other community assets and landmarks within the project site shall be preserved to the greatest extent possible.

4. Open space. A residential planned development project of three acres or more shall be designed to either provide a minimum of 10 percent of the total area in one centrally located usable open space area, or dedicate 10 percent of the total area of the site to the City. If the latter alternative is proposed, the City shall reserve the right to accept or reject Packet Page 172
a dedication. In either instance, at least one-half of the total open space area shall be directly accessible to the public, and open to use year-round.

5. Screening buffer. A planned unit development project proposed to be of higher density or different character than an existing abutting single-family residential neighborhood shall be designed and constructed to provide an appropriate screening buffer between the proposed development and the abutting residential neighborhood.

D. Application filing and processing.

1. Pre-application conference. An applicant who intends to file an application for Planned Development Permit approval shall may first participate in a pre-application conference in compliance with Subsection 17.60.040.A (Application Preparation and Filing – Pre-application conference).

2. Application content. An application shall be prepared and filed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection G.1 of this section.

E. Review authority. A Planned Development Permit may be granted by the Commission.

F. Project review, notice, and hearing.

1. Application review. Each Planned Development Permit application shall be analyzed by the Director Zoning Administrator to ensure that the application is consistent with the purpose and intent of this section. The Director Zoning Administrator shall submit a staff report and recommendation to the Commission for their consideration.

2. Public hearing. The Commission shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).

G. Commission action. Following a public hearing, the Commission may approve or disapprove a Planned Development Permit, and shall record the decision and the findings upon which the decision is based.

1. Required findings. The Commission may approve a Planned Development Permit only after first finding that:
a. The project is consistent with the General Plan and any applicable specific plan, any applicable density bonus requirements (see Chapter 17.33 – Affordable Housing Incentives), and is allowed within the applicable zone; Packet Page 173
b. The project complies with all applicable provisions of this Zoning Ordinance other than those modified by the Planned Development Permit;
c. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan; d. The approved modifications to the development standards of this Zoning Ordinance are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of any identified environmental impacts;
e. The development authorized by the Planned Development Permit approval will be of significantly higher quality, more energy efficient, more conserving of resources, and/or will produce fewer and less serious environmental impacts than development that could otherwise occur in compliance with the requirements of this Zoning Ordinance without adjustment;
f. The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities;
g. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

2. Conditions of approval. In approving a Planned Development Permit, the Commission may impose any conditions deemed reasonable and necessary to ensure that the project will comply with the findings required by Subsection G.1 of this section.

H. Time limit and expiration. A Planned Development Permit shall expire and become void 12 months from the date of approval, or upon the expiration of another time limit established by the review authority, unless project construction has commenced within the required time limit, and construction continues thereafter under valid Building Permits, or an extension of time has been granted by the Zoning Administrator. A Planned Development Permit may be extended once, for a maximum of 12 months.unless it is exercised or extended within the timeframes specified in Section 17.64.080.

I. Post approval procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following a decision on an application for Planned Development Permit approval.

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SECTION 20. Section 17.62.070 is hereby amended as follows:

17.62.070 Use Permit and Minor Use Permit
A. Purpose. The Use Permit and Minor Use Permit are for the discretionary review of uses and activities that may be appropriate in an applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Use Permit or Minor Use Permit approval or denial is entirely at the discretion of the City, and approval may be granted only in compliance with this section.

B. Applicability. The requirements of this section apply to uses listed within Article 2 (Zones, Permitted Land Uses, and Zoning Standards) as requiring either a Use Permit or Minor Use Permit. Minor Use Permit approval may be considered only for a project that is exempt from the California Environmental Quality Act (CEQA). A project that is required by Article 2 to have Minor Use Permit approval, but is not exempt from CEQA, shall instead require a Use Permit.

C. Review authority. A Use Permit shall be approved or denied by the Commission; a Minor Use Permit shall be approved or denied by the Zoning Administrator; provided, that the Zoning Administrator may choose to refer any Minor Use Permit application to the Commission for hearing and decision in the same manner as a Use Permit.

CD. Application filing and processing. A Use Permit or Minor Use Permit application shall be prepared, filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection F of this section (Findings and decision).

DE. Project review, notice, and hearing. Each application shall be reviewed by the Director Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Zoning Ordinance.

1. Use Permit. The Commission shall conduct a public hearing on an application for a Use Permit before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).

2. Minor Use Permit. The Zoning Administrator shall conduct a public hearing on an application for a Minor Use Permit before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter

17.78 (Public Hearings).

3. Staking and flagging required. At least 14 days prior to the date of a hearing as described in Subsections E.1 and E.2 of this section, an applicant requesting approval of a Use Permit or Minor Use Permit shall erect staking and flagging, for all proposed new commercial structure(s), and residential new construction and addition(s) to existing structure(s) over 18 feet in height, to demonstrate the dimensions and heights of the ridge lines at the highest peak of each roof line and perimeter. Staking and flagging installation Packet Page 175
shall comply with the Department handout on staking and flagging.The Zoning Administrator may administratively approve a Minor Use Permit or Use Permit if all of the following requirements are met:
a. The Zoning Administrator has determined that all of the findings identified in Section 17.62.070.E may be made; and
b. The project is exempt or is not a project under CEQA; and c. A Notice of Intent to Approve has been mailed to all real property owners within 300 feet of the property and no protest has been received; and d. If the Use Permit or Minor Use Permit is accompanied by an application for Architectural Review, the applicant has complied with the requirements of Section

17.62.030.D

2. Projects not meeting the requirements above shall be referred to the Planning Commission. The Zoning Administrator may also choose to refer any application to the Planning Commission.

3. Projects approved by the Zoning Administrator pursuant to Section 17.62.070.D.1 may be appealed to the Planning Commission pursuant to Chapter 17.76. If the Zoning Administrator determines that the project should be denied, the item shall automatically be referred to the Planning Commission with no need for appeal.

4. Projects referred to the Planning Commission shall comply with all requirements for noticing typically required for a public hearing.

EF. Findings and decision. The review authority may approve or deny an application for Use Permit or Minor Use Permit approval. The review authority may approve a Use Permit or Minor Use Permit only after first finding all of the following:

1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code;

2. The proposed use is consistent with the General Plan and any applicable specific plan;

3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and planned future land uses in the vicinity;

4. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and Packet Page 176

5. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone district in which the property is located.

G. Findings and decision for Americans with Disabilities Act (ADA) accommodations.

The review authority may approve or deny an application for Minor Use Permit approval for a modification to development standards of this Zoning Ordinance for a residential project after first making the following findings. The review authority shall record the decision and the findings on which the decision is based.

1. An individual protected under the Americans with Disabilities Act has a special need that would only be served by the requested modification to development standards for the proposed project;

2. The design, location, size, and operating characteristics of the proposed modification are compatible with the existing and planned future land uses in the vicinity; and

FH. Conditions of approval. In approving a Use Permit or Minor Use Permit, the review authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by Subsection FE of this section. Any Use Permit granted for any medical or adult cannabis dispensary shall include as a condition the obtaining of a development/operating agreement with the City which shall require periodic review of performance and compliance as deemed appropriate by the City.

HI. Post review procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following the decision on an application for a Use Permit or Minor Use Permit.

SECTION 21. Section 17.62.080 is hereby amended as follows:

17.62.080 Variance and Minor Variance
A. Purpose. The Variance and Minor Variance provides a process for City consideration of requests to waive or modify certain standards of this Zoning Ordinance when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zone.

B. Applicability. A Variance or Minor Variance may be granted to waive or modify any requirement of this Zoning Ordinance except allowed land uses, residential density, floor Packet Page 177
area ratio limitations, specific prohibitions (for example, prohibited signs), or procedural requirements.

C. Review authority.

1. Variance. A Variance shall be approved or denied by the Commission.

2. Minor Variance. A Minor Variance may be approved or denied by the Zoning Administrator to grant relief from only the following requirements of this Zoning Ordinance, up to a maximum reduction of 10 percent:
a. Distance between structures;
b. Parcel dimensions (not area);
c. Setbacks;
d. Structure height; or
e. On-site parking, loading, and landscaping.

The Zoning Administrator may choose to refer any Minor Variance to the Commission for hearing and decision.

CD. Application filing and processing. An application for a Variance or Minor Variance shall be prepared, filed, and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection EF of this section.

DE. Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with this section, and other applicable requirements of this Zoning Ordinance.

1. Variance. The Commission shall conduct a public hearing on an application for a Variance prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings).

2. Minor Variance. The Zoning Administrator may approve or deny a Minor Variance without a public hearing, or may choose to refer any Minor Variance application to the Commission for a hearing and decision in the same manner as provided for a Variance by Subsection E.1 of this section.
a. Public notice. The notice shall state that the Director will decide whether to approve or deny the Minor Variance application on the date specified in the notice, and that a Packet Page 178
public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.
b. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 17.78 (Public Hearings), and the Commission shall conduct the public hearing prior to a decision on the application in compliance with Chapter 17.78.

The Zoning Administrator may administratively approve a Variance if all of the following requirements are met:
a. The Zoning Administrator has determined that all of the findings identified in Section 17.62.080.E may be made; and
b. The project is exempt or is not a project under CEQA; and c. A Notice of Intent to Approve has been mailed to all real property owners within 300 feet of the property and no protest has been received; and d. If the Variance is accompanied by an application for Architectural Review, the applicant has complied with the requirements of Section 17.62.030.D.

2. Projects not meeting the requirements above shall be referred to the Planning Commission. The Zoning Administrator may also choose to refer any application to the Planning Commission.

3. Projects approved by the Zoning Administrator pursuant to Section 17.62.080.D.1 may be appealed to the Planning Commission pursuant to Chapter 17.76. If the Zoning Administrator determines that the project should be denied, the item shall automatically be referred to the Planning Commission with no need for appeal.

4. Projects referred to the Planning Commission shall comply with all requirements for noticing typically required for a public hearing
FE. Findings and decision. The review authority may approve or deny an application for a Variance or Minor Variance. The Review Authority shall record the decision and the findings on which the decision is based.

1. Required Vvariance findings. The review authority may approve a Variance only after first making all of the following findings:
a. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and within the same zone;
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b. The approval of the Variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zone. c. The Variance is consistent with the General Plan, and any applicable specific plan.

2. Required Minor Variance findings. The review authority may approve a Minor Variance only after first making all of the following findings:
a. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan. b. The Minor Variance is consistent with the General Plan, and any applicable specific plan.
c. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use or project, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

3. Reasonable accommodation. The Review Authority may grant a Minor Use Permit for the site planning or development standards of this Zoning Ordinance in compliance with Section 17.62.070 (Use Permit and Minor Use Permit), based on the findings of Subsection 17.62.070.G (Findings and decision for Americans with Disabilities Act (ADA) accommodations).

GF. Conditions of approval. In approving a Variance or Minor Variance, the review authority:

1. Shall impose conditions to ensure that the approval does not grant a special privilege inconsistent with the limitations on other properties in the vicinity, and the zone in which the property is located; and

2. May impose any reasonable conditions to ensure that the approval complies with the findings required by Subsection FE of this section.

HG. Post review procedures. The procedures and requirements in Chapter 17.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Zoning Ordinance Administration), shall apply following the decision on an application for a Variance or Minor Variance.

SECTION 22. Section 17.64.020 is hereby amended as follows:

17.64.020 Effective Date of Permit, Acceptance of Conditions Packet Page 180
A. The approval of a planning permit (i.e., Use Permit, Minor Use Permit, Variance, Minor Variance, or Planned Development Permit) shall become effective on the seventh day after the date of approval by the review authority; provided, that no appeal has been filed in compliance with Chapter 17.76 (Appeals).

B. Within 15 days of the date of planning permit approval, tThe applicant shall sign their agreement with all applicable conditions of approval prior to issuance of any Building Permit or establishment of any use authorized by the permit.or the permit shall become void.

SECTION 23. Section 17.64.060 is hereby amended as follows:

17.64.060 Permits to Run with the Land
A Use Permit, Minor Use Permit, Variance, Minor Variance, or Planned Development Permit that is granted in compliance with Chapter 17.62 (Permit Review and Decisions) shall be deemed to run with the land from the effective date of the permit through any change of ownership of the site, except in the case where a permit expires and becomes void in compliance with Section 17.64.080 (Permit Time Limits, Extensions, and Expiration). All applicable conditions of approval shall continue to apply after a change in property ownership.

SECTION 24. Section 17.64.070.A is hereby amended as follows:

A. As a condition of approval of a Use Permit, Minor Use Permit, Variance, Minor Variance, Planned Development Permit, or Architectural Review, upon a finding that the City’s health, safety and welfare warrant, the review authority may require the execution of a covenant to deposit security, and the deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval in the event that the permittee fails to perform. The security shall, as required by law or otherwise at the option of the City, be in the form of cash, a certified or cashier’s check, a faithful performance bond, or other security acceptable to the City, executed by the applicant and a corporate surety authorized to do business in California. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.

SECTION 25. Section 17.64.080 is hereby amended as follows:

17.64.080 Permit Time Limits, Extensions, and Expiration A. Time limits.

1. Unless a condition of approval or other provision of this Zoning Ordinance establishes a different time limit, a permit or approval not exercised within twelvesix months of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B of this section.

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2. A planning permit shall not be deemed “exercised” until the permittee has either obtained an issued Building Permit from the City, substantially commenced the approved construction activity and has shown continued progress in construction, or, if no Building Permit is required, has actually commenced the allowed use on the site in compliance with the conditions of approval.

3. After it has been exercised, a planning permit shall remain valid and run with the land in compliance with Section 17.64.060, as long as a Building Permit is active for the project, the applicant has complied with all applicable conditions of approval, and after a final building inspection or certificate of occupancy has been granted, and the use is not discontinued. If a use authorized by planning permit is discontinued for a period of greater than 24 months, then the permit shall become null and void, and reestablishment of the use shall comply with the then-current provisions of the Zoning Ordinance, including the need to obtain a new planning permit, if applicable.

4. If a project is to be developed in approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phase was exercised, unless otherwise specified in the permit, or the unexercised phases of the permit shall expire and become void, except where an extension of time is approved in compliance with Subsection B of this section. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit shall be exercised before the expiration of the Tentative Map, or the permit shall expire and become void.

B. Extensions of time. Upon written request by the applicant, the original permit review authority may extend the time for an approved planning permit to be exercised.

1. Filing and review of request.
a. Time for filing. The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration date, together with the filing fee required by the City’s Fee Schedule.
b. Evidence to be provided. The Zoning Administrator shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant have prevented exercising the permit. c. Public hearing. If the original approval required a public hearing, the original review authority shall hold a public hearing on a proposed extension of time, after providing notice of the public hearing in compliance with Chapter 17.78 (Public Hearings). d. Notwithstanding the other provisions of this Chapter, the Zoning Administrator may administratively approve an extension of time for a period of up to one year without the need for public notice, a public hearing, or consideration by the original approving authority if the Zoning Administrator finds that there have been no significant changes to the General Plan, Zoning Ordinance, Specific Plan, or other applicable rules, regulations, Packet Page 182
or laws which could have had an impact on the original approval had they been in place at the time of approval, and there have been no changed to the conditions or circumstances of the site or project so that there would have been grounds for disapproval of the original project.

2. Action on extension request. A permit may be extended for a maximum of one two additional 12-month periods beyond the expiration of the original approval; provided, that the review authority (e.g., Zoning Administrator or Commission) first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for disapproval of the original project. The review authority may grant an extension of less than the maximum time allowed by this section.

3. Conditions of approval. The granting of a time extension in compliance with this section may include the review authority requiring additional conditions of approval as provided by the section of this chapter applicable to the specific permit type (e.g., Use Permit, Planned Development Permit).

C. Effect of expiration. After the expiration of a planning permit in compliance with Subsection A.1 of this section, no further work shall be done on the site until a new planning permit and any required Building Permit or other City permits are first obtained.

SECTION 26. Section 17.72.030.B.1 is hereby amended as follows:

B. Nonconforming structure. A nonconforming structure may continue to be used as follows:

1. Changes to, or expansion of a nonconforming structure. A nonconforming structure may be changed or expanded as follows:
a. Nonresidential or multi-family structures. A nonconforming nonresidential or multifamily structure shall not be enlarged, extended, increased, reconstructed (except as provided in Section 17.72.030.B.2), or relocated, except that additions to nonconforming structures are permitted if the addition is fully compliant with current standards and there is no increase in the nonconformity of the existing structure. b. Single-family dwelling. A single-family dwelling that is nonconforming with respect to setback requirements, height limits, and/or other development standards may undergo interior modifications in compliance with Building Code requirements without limitation by this chapter. Exterior modifications that go beyond the existing building footprint or height may be allowed as follows:
(1) The Zoning Administrator may approve a Zoning Clearance for a proposed exterior addition that complies with the setback requirements and height limits of the applicable zone, but that extends beyond the existing building footprint or height.

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(2) Any area of an addition that encroaches into a required setback no further than an existing nonconforming portion of the structure may be allowed with Minor Use Permit approval in accordance with Section 17.62.070; provided, that the area of the addition does not exceed 18 feet in height, within the required setback is less than or equal to 25 percent of the total floor area of the existing structure, complies with the Building Code, and the review authority first determines that the addition will not adversely affect any neighboring property or the character of the surrounding neighborhood. (3) Any area of an addition that encroaches into a required setback no further than an existing nonconforming portion of the structure that is greater than 25 percent of the total floor area of the existing structure18 feet in height may be allowed with Minor Use Permit and Board of Architectural Review approval in accordance with Sections

17.62.070 and 17.62.030, respectively, in compliance with the Building Code, and the review authorityies determine that the addition will not adversely affect any neighboring property or the character of the surrounding neighborhood.

SECTION 27. Section 17.72.040 is hereby amended as follows:

17.72.040 Loss of Nonconforming Status
A. Termination by discontinuance. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of 180 days or longer, all rights to legal nonconforming status shall terminate.

1. The Director Zoning Administrator shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, failure to maintain a current business (operations) tax license on the site, and/or no business records to document continued operation.

2. The Zoning Administrator may grant a Minor Use Permit in compliance with Section

17.62.070 to allow an extension of the 180-day period for a period not to exceed an additional 180 days if the Zoning Administrator first finds that circumstances beyond the control of the applicant prevented the timely reestablishment of the use.The Zoning Administrator shall have the ability to extend the 180-day time period for an additional duration not exceeding 18 months if the applicant can demonstrate that the discontinuance was not due to abandonment and that the discontinuance was either due to factors beyond the applicant’s control (such as inability to find a tenant despite a diligent search) or was a deliberate and temporary suspension of the use by the owner for a specific purpose (such as conducting repairs or maintenance of the building).

3. Once legal nonconforming status is terminated, any further use of the site or structure shall comply with the requirements of the applicable zoning district and all other applicable requirements of this Zoning Ordinance.

B. Termination by destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is Packet Page 184
involuntarily damaged or destroyed; except as provided by Section 17.72.030.B for residential dwellings, and except as follows:

1. If the cost of repairing or replacing the damaged portion of the structure is 60 percent or less of the assessed value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within 12 months of the date of damage and is diligently pursued to completion.

2. Minor Use Permit approval shall be required if the cost of repairing or replacing the damaged portion of the structure is more than 60 percent of the assessed value of the structure immediately before the damage. Minor Use Permit approval shall require a finding, in addition to those contained in Section 17.62.070, that the benefit to the public health, safety, or welfare exceeds the detriment inherent in the restoration and continuance of a nonconformity.

SECTION 28. Section 17.74.010 is hereby amended as follows:

17.74.010 Purpose
This chapter provides procedures for the amendment of the General Plan, a Specific Plan, the official Zoning Map, and this Zoning Ordinance whenever the Council determines that public necessity, convenience, and general welfare require the amendment.

SECTION 29. Section 17.76.030.A.1 is hereby amended as follows:

1. An appeal in compliance with this chapter may be filed by any aggrieved person; except that in the case of a decision on an Architectural Review, Use Permit, Minor Use Permit, Variance, Minor Variance, or Planned Development Permit which followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing.

SECTION 30. The portion of Section 17.98.020.D headed as “Discretionary Land Use Approval” is hereby amended as follows:

Discretionary Land Use Approval. A decision of the City to approve the request of an applicant for a General Plan amendment, Zoning Map amendment, Tentative Map, Vesting Tentative Map, Final Map, Final Map modification or amendment, boundary line adjustment, Certificate of Compliance, Conditional Certificate of Compliance, development agreement, Minor Use Permit, Use Permit, permit extension of time or modification, Variance, or Minor Variance, time extension, Architectural Review, administrative permit pertaining to a land use approval or any accompanying California Environmental Quality Act (CEQA) determination pertaining to any type of approval referred to in this definition.

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SECTION 31. The portion of Section 17.98.020.M headed as “Medical Services – Clinic, Urgent Care” is hereby amended as follows:

Medical Services – Clinic, Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include:
• medical offices with fourive or more licensed practitioners and/or medical specialties • urgent care facilities
• out-patient care facilities
• other allied health services
SECTION 32. The portion of Section 17.98.020.O headed as “Ordinary Maintenance and Repair” is hereby amended as follows:

Ordinary Maintenance and Repair. Work for which a Building Permit is not required, the purpose and effect of which is to correct deterioration of or damage to a structure or any part thereof and/or to restore the structure to its condition before the deterioration or damage. Ordinary Maintenance and Repair may also include non-structural modifications for aesthetic purposes such as changes in color or roofing materials, provided that the modifications are allowed under current rules and regulations.

SECTION 33. The portion of Section 17.98.020.P headed as “Planning Permit” is hereby amended as follows:

Planning Permit. Authority granted by the City to use a specified site for a particular purpose. “Planning Permit” includes, but is not necessarily limited to, Use Permit, Minor Use Permit, Limited Term Permit, Variance, Minor Variance, Architectural Review, and Zoning Clearance, as established by Article 5 (Planning Permit Procedures) of this Zoning Ordinance.

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Seaside City CouncilMarch 21, 2024

Seaside City Council
March 21, 2024