Seaside City Council
May 16, 2024

AMENDED A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, May 16, 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 May 16, 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 MAY 16
THROUGH JUNE 8

7. CONSENT AGENDA
A. APPROVE MINUTES FROM MAY 2, 2024
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. APPROVE PROCLAMATION RECOGNIZING MAY 19 - 25, 2024, AS "NATIONAL PUBLIC WORKS WEEK"
RECOMMENDATION: Recognition of National Public Works Week in the City of Seaside.

C. APPROVE A PROCLAMATION RECOGNIZING MAY 15, 2024, AS
"NATIONAL PEACE OFFICERS MEMORIAL DAY", AND MAY 12-18, 2024, AS "NATIONAL POLICE WEEK"
RECOMMENDATION: Approve a proclamation recognizing May 15, 2024, as National Peace Officers Memorial Day, and May 12-18, 2024, as National Police Week.

D. APPROVE PROCLAMATION RECOGNIZING MAY 5TH-11TH, 2024 AS

NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEE APPRECIATION WEEK
RECOMMENDATION: Approve a proclamation recognizing May 5th-11th, 2024 as National Correctional Officers and Employee Appreciation Week in Seaside.

E. APPROVE A PROCLAMATION RECOGNIZING LENORA SHERMAN BEAN AS

A RECIPIENT OF THE MAYORS KEY TO THE CITY
RECOMMENDATION: Approve a proclamation recognizing Lenora Sherman Bean Packet Page 2
City Council REGULAR Meeting May 16, 2024 5:00 PM Agenda Page 3 as a recipient of the Mayor's Key to the City.

F. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL BLACK STUDENT ALLIANCE FOR COST

ASSOCIATED WITH THEIR TRIP TO VISIT HISTORICALLY BLACK

COLLEGES AND UNIVERSITIES, AFRICAN AMERICAN CIVIL RIGHTS AND

HISTORY MUSEUMS, AND PEACE AND JUSTICE MEMORIAL IN

LOUISIANA, MISSISSIPPI, AND ALABAMA
RECOMMENDATION: Approve a request from Seaside High School Black Student Alliance for a donation of $3000.00 from the Mayor's Youth Fund to assist with the costs associated with their educational trip to Louisiana, Mississippi, and Alabama to visit historically black colleges and universities, and a variety of museums.

G. APPROVE A FEE WAIVER FROM MONTEREY PENINSULA RAMAYAN

MANDALI FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR DIWALI NIGHT EVENT ON OCTOBER 12, 2024
RECOMMENDATION: Approve the fee waiver request from the Monterey Peninsula Ramayan Mandali for the use of Laguna Grande Hall and kitchen to hold their Diwali Celebration Night in the amount of $618.75, the Organization to provide the City with the non-refundable portion of the deposit of $98.25, and provide the City with their insurance.

H. APPROVE THE SALE OF SAFE AND SANE FIREWORKS IN THE CITY OF SEASIDE JUNE 28 - JULY 5 BY MONTEREY CONDORS CLUB, SEASIDE AQUATIC CLUB INC., MONTEREY BAY CHRISTIAN CENTER, WORLD OUTREACH SERVICES INC., IGLESIA VIDA CAMINO VERDAD OF THE

ASSEMBLES OF GOD, THE VILLAGE PROJECT AND RECOGNIZING

MILITARY SERVICE CENTER
RECOMMENDATION: Approve the non-profit vendor list and locations for the sale of safe and sane fireworks in the City of Seaside from June 28-July 5.

I. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM WE

WORSHIP COLLECTIVE FOR COST ASSOCIATED WITH THEIR YOUTH

SUMMER CAMP
RECOMMENDATION: Approve a request from We Worship Collective for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with their summer youth camp.

J. ADOPT A RESOLUTION AUTHORIZING FISCAL YEAR 2024-2025 STREET REPAIR PROJECT LIST TO BE FUNDED IN PART WITH SB1: THE ROAD MAINTENANCE REPAIR AND ACCOUNTABILITY ACT OF 2017 FUNDS, AND

AUTHORIZING STAFF TO SUBMIT TO THE CALIFORNIA

TRANSPORTATION COMMISSION
RECOMMENDATION: Adopt a resolution authorizing staff to submit a SB 1 Project List to the California Transportation Commission (CTC), and authorizing the SB1 Project List to be funded in part with fiscal year (FY) 2024-25 Road Maintenance Repair and Accountability (RMRA) Revenues.

Packet Page 3
City Council REGULAR Meeting May 16, 2024 5:00 PM Agenda Page 4 K. ADOPT A RESOLUTION AUTHORIZING THE AMENDMENT AND
SUBMISSION OF THE REGIONAL EARLY ACTION PLANNING (REAP 2.0)

GRANT APPLICATION FOR HOUSING ELEMENT IMPLEMENTATION

ACTIVITIES
RECOMMENDATION: Adopt a resolution authorizing the amendment of the City's Regional Early Action Planning Grant (REAP 2.0) application and authorizing the City Manager to complete its submission to the Association of Monterey Bay Area Governments (AMBAG) and the California Department of Housing and Community Development (HCD).

L. ADOPT A RESOLUTION APPROVING AN ON-CALL CONSULTANT LIST FOR

HAZARDOUS MATERIALS INVESTIGATION, WASTE CHARACTERIZATION,

AND REMEDIATION DESIGN AND INSPECTION SERVICES
RECOMMENDATION: Adopt a Resolution approving the following firms as qualified to provide On-Call Hazardous Materials Investigation, Waste Characterization, and Remediation Design and Inspection Services:

1. Geosyntec Consultants

2. West Environmental Services & Technology, Inc. (WEST)

3. Farallon Consulting, L.L.C.

4. Millennium Consulting Associates

5. Vista Environmental Consulting, Inc.

M. ADOPT A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO

EXECUTE A USE AGREEMENT WITH THE SEASIDE AQUATICS CLUB FOR A FIREWORKS BOOTH ON A CITY-OWNED PARKING LOT LOCATED AT 490

BROADWAY AVENUE
RECOMMENDATION: Approve the request and authorize the Acting City Manager to execute a Use Agreement with the Seaside Aquatics Club. in accordance with the Draft Resolution.

N. ADOPT A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A USE AGREEMENT WITH THE VILLAGE PROJECT INC. FOR A FIREWORKS BOOTH ON A CITY-OWNED PROPERTY LOCATED AT 1271

CANYON DEL REY BOULEVARD
RECOMMENDATION: Approve the request and authorize the Acting City Manager to execute a Use Agreement with The Village Project Inc. in accordance with the Draft Resolution.

O. ADOPT A RESOLUTION CREATING THE POSITION OF INFORMATION TECHNOLOGY DIRECTOR, AMENDING THE FISCAL YEAR 2023-24

BUDGET AND MODIFYING THE POSITION ALLOCATION LIST TO REFLECT

ORGANIZATIONAL CHANGES
RECOMMENDATION: Adopt a resolution creating the position of Information Technology Director, amending the fiscal year 2023-24 fund budget and modifying the position allocation list to reflect organizational changes. This action does not Packet Page 4
City Council REGULAR Meeting May 16, 2024 5:00 PM Agenda Page 5 delete the Information Services Manager from the classification plan.

P. ADOPT A RESOLUTION APPROVING THE REMOTE MEETING

PARTICIPATION POLICY AND REINSTATING THE ACCEPTANCE OF

PUBLIC COMMENT VIA VIRTUAL TELE-CONFERNCING PLATFORM
(CURRENTLY ZOOM) EFFECTIVE JUNE 6, 2024
RECOMMENDATION: Adopt a resolution approving the remote meeting participation policy and reinstating the use of Zoom for public comments.

Q. ADOPT A RESOLUTION CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, FOR THE SUBMISSION TO THE QUALIFIED VOTERS A QUESTION “SHALL THE TERM OF OFFICE FOR MAYOR BE FOUR YEARS?” COMMENCING WITH THE 2026 GENERAL MUNICIPAL ELECTION
RECOMMENDATION: Adopt a resolution placing the question on the November 5, 2024, general election ballot.

R. REVIEW AND TAKE ACTION ON THE TRAFFIC ADVISORY COMMITTEE RECOMMENDATION FOR 2 HOUR PARKING IN FRONT OF 1424-1444

FREMONT BOULEVARD
RECOMMENDATION: Consider the Traffic Advisory Committee's recommendation to remove existing 20 minute parking signs and replace them with 2 hour parking signs in front of 1424 through 1444 Fremont Boulevard.

8. PUBLIC HEARING
A. GENERAL PLAN AMENDMENT GPA-24-01: AN AMENDMENT TO THE

GENERAL PLAN OF THE CITY OF SEASIDE TO REPEAL AND REPLACE THE

ENTIRETY OF THE GENERAL PLAN, EXCLUDING THE HOUSING ELEMENT, WITH A NEW GENERAL PLAN, ENTITLED SEASIDE 2040; AND

CERTIFYING AN ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE

PROJECT
RECOMMENDATION: Staff recommends that the City Council do the following:
1) Adopt the attached Resolution certifying the Final Environmental Impact Report for the Seaside 2040 General Plan Update Project, making California Environmental Quality Act Findings, and adopting a Mitigation Monitoring and Reporting Program; and then
2) Adopt the attached Resolution amending the Seaside General Plan to repeal and replace the entirety of the Seaside General Plan, excluding the Housing Element, with a new General Plan entitled Seaside 2040.

9. BUSINESS ITEMS
A. ADOPT A RESOLUTION APPROVING THE UPDATED SIDEWALK
INSPECTION AND REPAIR PROGRAM; RECEIVE AN UPDATE ON
Packet Page 5
City Council REGULAR Meeting May 16, 2024 5:00 PM Agenda Page 6 SIDEWALK MAINTENANCE; AND APPROVING AN ENCROACHMENT

PERMIT FEE WAIVER FOR PROPERTY OWNERS REQUIRED TO REPAIR OR

REPLACE THE SIDEWALK FRONTING THEIR PROPERTY
RECOMMENDATION: Adopt a resolution:
1) approving the updated Sidewalk Inspection and Repair Program 2) approving an encroachment permit fee waiver for property owners required to repair or replace the sidewalk fronting their property.

B. RECEIVE A PRESENTATION AND CONSIDER ADOPTING A RESOLUTION

APPROVING THE CITY OF SEASIDE PARKS AND RECREATION MASTER PLAN
RECOMMENDATION: Adopt a resolution approving the Parks and Recreation Master Plan prepared by Conservation Technix.

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

11. 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.

12. 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
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9-EXISTING LITIGATION
Packet Page 6
City Council REGULAR Meeting May 16, 2024 5:00 PM Agenda Page 7 Monterey County Superior Court
Case Name: Arzadon, et al. v. City of Seaside, et al.

Case Number: Case # 20CV003118
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (D)(2)
Potential Litigation (2 Matters)

13. ADJOURNMENT
Next Regularly Scheduled Meeting:

June 6, 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.

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DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, May 2, 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
A moment of silence was held. The pledge was led by Council/Agency Member Burks.

4. REVIEW OF AGENDA
No changes.

5. PUBLIC COMMENT
Roger Blankenburg, Catherine Crockett, Peter Kaiser, Karla Lobo, Ben Strickland, Ruthie Watts, Joe Cubbage

6. PUBLIC AGENCY COMMUNICATIONS
A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE EVENTS

AND COMMUNITY ANNOUNCEMENTS COVERING EVENTS BETWEEN MAY 4 THROUGH MAY 19
Citywide Events and Community Announcements Video reviewed the following upcoming events:

Carol McKibbon provided an announcement regarding Cal State Parks AfricanAmerican History Project and its work to showcase African-American history in Seaside as it relates to Fort Ord State Dunes Park. Draft work is available for review at City Clerk’s office.

7. PRESENTATIONS
A. RECEIVE A PRESENTATION FROM CALIFORNIA STATE UNIVERSITY

MONTEREY BAY FOR A POTENTIAL PARTNERSHIP FOR STUDENT

SCHOLARSHIP AND INTERNSHIP PROGRAM (DIANE WILSON, SENIOR

DIRECTOR OF DEVELOPMENT & JAMES HUSSAR, PHD, ACTING DEAN,

ASSOCIATE DEAN COLLEGE OF ARTS, HUMANITIES, & SOCIAL
Packet Page 8
Thursday, May 2, 2024 City Council REGULAR Meeting Page 2

SCIENCES)
Dr. James Hussar, Acting Dean, Associate Dean College of Arts, Humanities, & Social Sciences, provided a presentation regarding a potential partnership for a CSUMBSeaside Internship Program.

8. CONSENT AGENDA
Items 8D, 8G, 8K, 8L were pulled.

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 moved to approve the consent agenda as presented except for the items pulled.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM APRIL 18, 2024
ACTION: APPROVED
B. APPROVE A FEE WAIVER FROM SARANGSAM PRISON MINISTRY FOR

THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR MUSIC FESTIVAL ON OCTOBER 26, 2024
ACTION: APPROVED
C. APPROVE PROCLAMATION RECOGNIZING MAY 2024, AS NATIONAL

WATER SAFETY MONTH
ACTION: APPROVED
D.APPROVE PROCLAMATION RECOGNIZING MAY 5-11, 2024, AS

PROFESSIONAL MUNICIPAL CLERK'S WEEK
PUBLIC COMMENT: None
On motion by Council/Agency Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the proclamation recognizing May 5-11, 2024, as Professional Municipal Clerk’s Week.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
Packet Page 9
Thursday, May 2, 2024 City Council REGULAR Meeting Page 3 ABSENT: None
ACTION: APPROVED
E. ADOPT RESOLUTION AUTHORIZING CITY MANAGER PURCHASE OF 10

YEAR POLLUTION AND LEGAL LIABILITY INSURANCE FOR FORMER FORT ORD PROPERTY AT A COVERAGE LEVEL OF $4,000,000 AT COST OF $210,572.16 OF WHICH THE ARMY WILL REIMBURSE SEASIDE $117,000 RESULTING IN FINAL SEASIDE OUTLAY OF $93,572.16 ACTION: ADOPTED RESO
F. ADOPT A RESOLUTION EXTENDING 180.6 ACRE FEET ALLOCATION OF WATER AND 45.83 RECYCLED WATER PER YEAR FOR THE KB BAKEWELL

SEASIDE VENTURE II RESIDENTIAL AND COMMERCIAL DEVELOPMENT

LOCATED WITHIN THE CAMPUS TOWN SPECIFIC PLANNING AREA
ACTION: ADOPTED RESO
G. ADOPT A RESOLUTION AMENDING THE CAPITAL PROGRAM TO INCLUDE

THE COURTHOUSE PROJECT, APPROPRIATING A BUDGET OF
$1,150,000.00 TO THE PROJECT FROM THE GENERAL FUND, AND

AUTHORIZING A COST REIMBURSEMENT AGREEMENT WITH MARINA

COMMUNITY PARTNERS, LLC FOR CONSTRUCTION OF IMPROVEMENTS

ALONG DIVARTY STREET AND IMPROVEMENTS FOR THE COURTHOUSE

PROJECT
PUBLIC COMMENT: Karla Lobo, Nola
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 to adopt a resolution amending the CIP to include the courthouse project.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO
H. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH SCHAAF & WHEELER TO

PROVIDE STAFF SUPPORT SERVICES FOR AN AMOUNT NOT TO EXCEED $30,000.00
ACTION: ADOPTED RESO
I. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN TO
Packet Page 10
Thursday, May 2, 2024 City Council REGULAR Meeting Page 4

PROVIDE CIVIL ENGINEERING SUPPORT SERVICES FOR AN AMOUNT NOT TO EXCEED $30,000.00
ACTION: ADOPTED RESO
J. ADOPT A RESOLUTION AUTHORIZING THE ASSISTANT FINANCE

DIRECTOR AND ACTING FINANCE DIRECTOR JESSICA RILEY TO

ESTABLISH, MAINTAIN AND CONTROL THE CITY'S BANK ACCOUNTS ACTION: ADOPTED RESO
K. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN

AGREEMENT WITH THE UNIVERSITY CORPORATION AT MONTEREY BAY

FOR A DONATION TO CALIFORNIA STATE UNIVERSITY, MONTEREY BAY (CSUMB) FOR THE ESTABLISHMENT OF THE CITY OF SEASIDE

SCHOLARSHIP & INTERNSHIP FUND
PUBLIC COMMENT: Joe Cubbage
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution authorizing an agreement with University Corporation at Monterey Bay for the establishment of a scholarship and internship fund program.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO
L. NOTICE OF REJECTION OF CLAIM OF SEASIDE HIGHLANDS

HOMEOWNERS ASSOCIATION
PUBLIC COMMENT: Roger Blankenburg, Marcia Blankenburg
On motion by Mayor Pro Tem/Vice Mayor Pacheco and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to reject the claim of Seaside Highlands Homeowners Association.

RESULT: 4-0-1-0
AYES: Burks, Garcia-Arrazola, Oglesby, Pacheco
NOES: None
ABSTAIN: Miller
ABSENT: None
ACTION: CLAIM REJECTED
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Thursday, May 2, 2024 City Council REGULAR Meeting Page 5

9. BUSINESS ITEMS
SECOND GENERAL PUBLIC COMMENT: Amy, Alicia Ragland, No name given A. CONSIDER PLACING A QUESTION ON NOVEMBER 5, 2024, BALLOT REGARDING THE TERM LENGTH OF THE POSITION OF MAYOR TO 4 YEARS EFFECTIVE FOR THE 2026 GENERAL ELECTION
Dominique Davis, City Clerk, provided a presentation and reviewed the process for the City Council to place a question on the ballot regarding the term length for the position of mayor. The question form is determined by Government Code 34901 and shall read as follows: “Shall the term of office of mayor be four years?” PUBLIC COMMENT: Pastor Ronald Britt, Joe Cubbage, Rosalyn Green, Peter Kaiser, Ruthie Watts
On motion by Mayor Pro Tem/Vice-Chair Pacheco and second by Council/Agency Members Burks and carried by the following vote, the City Council/Successor Agency moved to place a question on the November 5, 2024, ballot regarding the term length of Mayor.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: APPROVED
B. APPROVE THE PLACEMENT OF A SINGLE-SIDED ELECTRONIC MESSAGE

CENTER ON HILBY AVE IN FRONT OF OLDEMEYER CENTER FACING

WEST FOR EASTBOUND TRAFFIC
Nisha Patel, Public Works Director/City Engineer, provided a presentation and reviewed the proposed project and alternatives to a single-sided electronic message center on Hilby Avenue in front of the Oldemeyer center. The cost estimate for the single-sided message center is $25,000 for the sign, installation, and shipping.

PUBLIC COMMENT: Pastor Ronald Britt, Karla Lobo, Joe Cubbage On motion by Mayor Pro Tem Pacheco and second by Council/Agency Member Miller to approve the placement of a single-sided electronic message center.

RESULT: 2-3-0-0
AYES: Miller, Pacheco
NOES: Burks, Garcia-Arrazola, Oglesby
ABSTAIN: None
ABSENT: None
Packet Page 12
Thursday, May 2, 2024 City Council REGULAR Meeting Page 6 ACTION: Motion Failed
C. ANNUAL REPORT OF THE ORDINANCE REGARDING THE POLICE

DEPARTMENT'S ACQUISITION AND USE OF MILITARY EQUIPMENT IN ACCORDANCE WITH STATE LAW (AB 481); AND APPROVE THE

MILITARY USE POLICY
Police Commander Matt Doza provided a presentation and reviewed the annual report, military equipment definitions and the equipment owned by the Police Department as defined by AB481. The deployments of the AB481 equipment for 2023 was also provided.

PUBLIC COMMENT: Karla Lobo, Peter Kaiser, Robert Daniels, Joe Cubbage On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to accept the annual report and approve the military use policy.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ACCEPTED & APPROVED
D. CONSIDER THE DRAFT REMOTE MEETING PARTICIPATION POLICY FOR

THE USE OF ZOOM FOR PUBLIC COMMENTS
Dominique Davis, City Clerk, provided a presentation and reviewed the policy, sections and the key points. The process for removal of users that violate the policy is “Stop/Mute – Warn – Second Chance – Eject”.

PUBLIC COMMENT: Peter Kaiser, Joe Cubbage, Robert Daniels, Karla Lobo On motion by Council/Agency Member Garcia-Arrazola and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to approve the remote meeting participation policy with edits as finalized.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: APPROVED

10. COUNCIL MEMBER REQUESTS
Packet Page 13
Thursday, May 2, 2024 City Council REGULAR Meeting Page 7 A. NEW COUNCIL MEMBER REQUESTS
None.

B. FOLLOW UP ON PREVIOUS REQUESTS
None.

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

12. CLOSED SESSION
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
No report.

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

Case Number: Case # 20CV003118
No report.

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
No report.

D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (d)(2)
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Thursday, May 2, 2024 City Council REGULAR Meeting Page 8 Potential Litigation (2 Matters)
No report.

13. ADJOURNMENT
With no further business, the meeting adjourned at 10:29 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.B.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Paul Ensley, Administrative Assistant
DATE: May 16, 2024
SUBJECT: APPROVE PROCLAMATION RECOGNIZING MAY 19 - 25, 2024, AS "NATIONAL PUBLIC WORKS WEEK"

RECOMMENDATION
Recognition of National Public Works Week in the City of Seaside.

BACKGROUND
Public Works professionals, engineers, managers, and employees within government and the private sector perform important work to rebuild, improve, and protect our nation's transportation, water supply, water treatment, and solid waste systems, public buildings, and other structures and facilities essential for our citizens. The health, safety, and comfort of our community greatly depends on these facilities and services.

Therefore, the City should proclaim May 19 - 25, 2024 as National Public Works Week.

FISCAL IMPACT
None

ATTACHMENTS

1. 2024 Public Works Week Proclamation
Reviewed for Submission to the City Council by:

Packet Page 16

Item No. 7.B. Page 2 of 2
________________________________________
Nicholas Borges, Acting City Manager
Packet Page 17
City of Seaside

PROCLAMATION
National Public Works Week
May 19 – 25, 2024
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of this community; and
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in Seaside, California to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and
WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association, NOW THEREFORE, BE IT PROCLAIMED, that I, the Honorable Ian N.

Oglesby, Mayor of the City of Seaside, do hereby proclaim the week May 19-25, 2024 as National Public Works Week; and I urge all our people to join with representatives of the American Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they have made to our national health, safety, welfare and quality of life.

Ian N. Oglesby, Mayor
May 16, 2024
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.C.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dominique Davis, City Clerk
DATE: May 16, 2024
SUBJECT: APPROVE A PROCLAMATION RECOGNIZING MAY 15, 2024, AS "NATIONAL PEACE OFFICERS MEMORIAL DAY", AND MAY 12-
18, 2024, AS "NATIONAL POLICE WEEK"

RECOMMENDATION
Approve a proclamation recognizing May 15, 2024, as National Peace Officers Memorial Day, and May 12-18, 2024, as National Police Week.

BACKGROUND
National Police Week occurs every May, and in 2024, and is often commemorated with many live and in-person events. The National Law Enforcement Officers Memorial Fund will hold ceremonies, including the 36th Annual Candlelight Vigil, to honor the fallen officers whose names have recently been added to the Memorial.

In 1962, President Kennedy proclaimed May 15 as National Peace Officers Memorial Day and the calendar week in which May 15 falls, as National Police Week. Established by a joint resolution of Congress in 1962, National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others.

National Police Week is a collaborative effort of many organizations dedicated to honoring America’s law enforcement community.

FISCAL IMPACT
None.

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Item No. 7.C. Page 2 of 2

ATTACHMENTS

1. National Police Week Proclamation
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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City of Seaside

PROCLAMATION

NATIONAL POLICE WEEK
May 12 - 18, 2024
WHEREAS, there are approximately 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Seaside Police Department; and
WHEREAS, since the first recoded death in 1786, there are currently 24,067 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty; and
WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; and WHEREAS, 282 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 118 officers killed in 2023 and 164 officers killed in previous years; and
WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund’s 36 th
Candlelight Vigil,
on the evening of May 13, 2024; and
WHEREAS, the Candlelight Vigil is part of National Police Week, which will be observed this year May 12th-18th; and
WHEREAS, May 15 is designated as National Peace Officers Memorial Day in honor of all fallen officers and their families and U.S. flags should be flown at half-staff.

NOW, THEREFORE, BE IT PROCLAIMED, that I, Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim May 12 - 18, 2024, as “National Police Week” and call upon the citizens of Seaside to publicly salute the service of law enforcement officers in our community and in communities across the nation. ____________________
Ian N. Oglesby, Mayor
May 16, 2024
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.D.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dominique Davis, City Clerk
DATE: May 16, 2024
SUBJECT: APPROVE PROCLAMATION RECOGNIZING MAY 5TH-11TH, 2024 AS NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEE

APPRECIATION WEEK

RECOMMENDATION
Approve a proclamation recognizing May 5th-11th, 2024 as National Correctional Officers and Employee Appreciation Week in Seaside.

BACKGROUND
The first week of May is designated as National Correctional Officers and Employee Appreciation Week by the American Correctional Association. This week is dedicated to honoring the dedicated professionals who work in our nation's jails, prisons, and correctional facilities. These men and women play a vital role in maintaining safety and security, as well as providing rehabilitation and reintegration programs for incarcerated individuals.

The proclamation acknowledge the importance of National Correctional Officers and Employee Appreciation Week and expresses the city's appreciation for the hard work and dedication of the correctional officers and employees.

FISCAL IMPACT
None

ATTACHMENTS

1. National Correctional Officer Week 2024
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Item No. 7.D. Page 2 of 2
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

PROCLAMATION
40th NATIONAL CORRECTIONAL OFFICERS and

EMPLOYEE APPRECIATION WEEK
May 5-11, 2024
WHEREAS, In 1984, President Ronald Reagan issued Proclamation 5187 declaring the week beginning May 6, 1984, as “National Correctional Officers Week.” “In recognition of the contributions of correctional officers to our nation,” he noted that (the work they do) “is essential to the day-to-day operations of these institutions [prisons and jails]; without them it would be impossible to achieve the foremost institutional goals of security and control”; and WHEREAS, In 1996, Congress expanded National Correction Officers Week to include all correctional employees, giving a long overdue “Thank You” to the women and men who serve by working in corrections. A special week to celebrate and highlight the importance and significance of the profession now recognized during the first full week of May as the “National Correctional Officers and Employee Appreciation Week”; and
WHEREAS, Correctional officers are trained law enforcement professionals dedicated to preserving safe correctional facilities that ensure public safety. Their position is essential to the control and rehabilitation of offenders. Correctional employees serve admirably in many different capacities, including jail administrators, wardens, chaplains, nurses, doctors, mental health, and social workers, teachers, culinary, supervisors and managers to name a few; and WHEREAS, For over a century, correctional employees have dedicated themselves to the mission of public safety and rehabilitation, while fostering relationships in the communities where they live. All correctional employees teach, train, mentor, counsel, and provide offenders with direction, hope and a new focus while assisting with reentry and life inside and outside corrections; and WEHERAS, Our community is far safer because of their work. Today we salute all correctional employees and remember those who have made the ultimate sacrifice to serve and protect our communities. Correctional employees deserve the recognition for their service and should be commended by the public and our elected officials for the tremendous job they do and exceptional performance.

NOW THEREFORE BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim May 6-11 2024, as National Correctional Officer and Employee Appreciation Week in the City of Seaside. _________________________
Ian N. Oglesby, Mayor
May 16, 2024
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City of Seaside
P r o c l a m a t i o n
In Celebration of Lenora Sherman Bean 100th Birthday
WHEREAS, Lenora Sherman Bean was born May 5, 1924, in Stafford, Texas, to Bennie Sherman and Lucille Scoby; and
WHEREAS, Lenora was a member of New Hope Baptist Church in Stafford, Texas. She moved from Texas to Los Angeles, California in 1957 where she met and married the love of her life, John Bean, who was the first black realtor in Monterey County. After marriage, she moved to Monterey where John had an established business; and
WHEREAS, for many years, Lenora owned and worked in her own business as a professional beautician in Seaside; and
WHEREAS, in addition to her career, Lenora generously volunteered her talents and time in convalescent homes, where she uplifted the spirits of residents with her hairstyling skills; and WHEREAS, at the encouragement of Pastor Joseph Paige St., Lenora became a member of New Hope Baptist Church and assumed the role of financial secretary. She was instrumental in helping the church secure the loan to build the current Educational building which was built in 1994; and WHEREAS, after retiring from her business, Lenora became New Hope’s church secretary, a position she faithfully held until her retirement in 2020; and WHEREAS, while at New Hope, she served in various ministries to include: Deaconess Board, WMU (Women’s Mission Union), Paige Circle where she was the architect of the yearly Paige Scholarship Fund, and other committees. Her tenure spanned over fifty years of devoted service to God and New Hope Baptist Church.

NOW THEREFORE, BE IT PROCLAIMED, that I. The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council and residents, do hereby bestow Lenora Sherman Bean with the Mayor’s Key to the City of Seaside for her manifold accomplishments, outstanding leadership with decades of opening the “doors of hope” for a heathier community. _____________________
Ian N. Oglesby, Mayor
Presented May 5, 2024
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.F.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: May 16, 2024
SUBJECT: APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST

FROM SEASIDE HIGH SCHOOL BLACK STUDENT ALLIANCE FOR

COST ASSOCIATED WITH THEIR TRIP TO VISIT HISTORICALLY

BLACK COLLEGES AND UNIVERSITIES, AFRICAN AMERICAN

CIVIL RIGHTS AND HISTORY MUSEUMS, AND PEACE AND

JUSTICE MEMORIAL IN LOUISIANA, MISSISSIPPI, AND

ALABAMA

RECOMMENDATION
Approve a request from Seaside High School Black Student Alliance for a donation of $3000.00 from the Mayor's Youth Fund to assist with the costs associated with their educational trip to Louisiana, Mississippi, and Alabama to visit historically black colleges and universities, and a variety of museums.

BACKGROUND
Seaside High School Black Student Alliance is requesting a donation of $3000.00 from the Mayor's Youth Fund to assist with the cost associated with their trip to Louisiana, Mississippi, and Alabama. This trip is not just a journey: it's an educational odyssey.

Students will be visiting historically black colleges and universities, so they can witness the legacy of trailblazers who fought for equal access to education. They will learn about African American contributions to society and the ongoing quest for social justice.

This experience is directly aligned with their curriculum, promoting academic enrichment and cultural awareness. Students will also be visiting multiple museums that hold historical and current cultural relevance, including the Mississippi Civil Rights Museum, The McKenna Museum of African American Art, and the Peace and Justice (Lynching) Memorial.

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Item No. 7.F. Page 2 of 2
Seaside High School Black Student Alliance School teaches their students to use the recycling bins for recycling bottles and cans and encourages them to use reusable water bottles.

Based on the information provided in the application, the request meets the criteria for the Mayor's Youth Fund Policy. They received their last donation at the March 21, 2019 City Council meeting. They also submitted their 2019 Mayor's Youth Fund closing report within the 60-day time frame.

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $41,107.02. If the City Council approves this request, the balance will decrease to $38,107.02. This is for fiscal year 2023/24.

In the event that all of the funds in the Mayor's Youth Fund become exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council meeting.

ATTACHMENTS

1. MYF Seaside High School Black Student Alliance 2024

2. W-9 - MPUSD Seaside High Black Student Alliance 2024

3. Mayors Youth Fund Closing Report 2019
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.G.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: May 16, 2024
SUBJECT: APPROVE A FEE WAIVER FROM MONTEREY PENINSULA

RAMAYAN MANDALI FOR THE USE OF THE LAGUNA GRANDE

HALL AND KITCHEN FOR THEIR DIWALI NIGHT EVENT ON
OCTOBER 12, 2024

RECOMMENDATION
Approve the fee waiver request from the Monterey Peninsula Ramayan Mandali for the use of Laguna Grande Hall and kitchen to hold their Diwali Celebration Night in the amount of $618.75, the Organization to provide the City with the non-refundable portion of the deposit of $98.25, and provide the City with their insurance.

BACKGROUND
The Monterey Peninsula Ramayan Mandali is a non-profit organization, and they are requesting a fee waiver to help cover the costs associated with their Diwali Night celebration on Saturday, October 12, 2024, from 12:00 p.m. to 11:00 p.m. in the Laguna Grande Hall at the Oldemeyer Center. The Monterey Peninsula Ramayan Mandali is a Seaside base organization.

Staff recommends that the fees be waived for the rental cost of the facility and that the organization provide liability coverage and pay only the non-refundable portion of the deposit of $98.25 to go towards the building maintenance fund.

FISCAL IMPACT
The approximate fees which are applicable to this request are:

Laguna Grande Hall Fee 11 Hours @ $56.25 $618.75
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Item No. 7.G. Page 2 of 2
Deposit Non-Refundable Portion $ 98.25
TOTAL $717.00
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the insurance and the non-refundable deposit only, the fiscal impact is $618.75.

ATTACHMENTS

1. Monterey Peninsula Ramayan Mandali - Fee Waiver 2024

2. 501(c)(3) - Monterey Peninsula Ramayan Mandali
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.H.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Mary Gutierrez, Fire Chief
DATE: May 16, 2024
SUBJECT: APPROVE THE SALE OF SAFE AND SANE FIREWORKS IN THE CITY OF SEASIDE JUNE 28 - JULY 5 BY MONTEREY CONDORS
CLUB, SEASIDE AQUATIC CLUB INC., MONTEREY BAY
CHRISTIAN CENTER, WORLD OUTREACH SERVICES INC.,

IGLESIA VIDA CAMINO VERDAD OF THE ASSEMBLES OF GOD,

THE VILLAGE PROJECT AND RECOGNIZING MILITARY SERVICE
CENTER

RECOMMENDATION
Approve the non-profit vendor list and locations for the sale of safe and sane fireworks in the City of Seaside from June 28-July 5.

BACKGROUND
The purpose of this item is for the City Council to discuss and consider allowing seven (7) non-profit organizations to sell "safe and sane" fireworks in the City of Seaside from 12:00 p.m. June 28, 2024 (after a fire inspection) through 10:00 July 5, 2024. If the non-profits pass the inspection, they will be issued a permit to sell.

Five of the fireworks stands will be located on private property and two have requested to be on city-owned property pending City Council Approval. The sale of safe and sane fireworks on city-owned property is a separate agenda item for this council meeting. "Safe and sane" firework sales are regulated under Seaside Municipal Code Chapter

8.32 (Ordinance No. 1014). Exception 8.32.050 is titled "Safe and Sane Fireworks." The Ordinance states, "the sale, display for sale, and use of "safe and sane" fireworks shall be permitted only during that period beginning at noon on June 28 and ending at Packet Page 67

Item No. 7.H. Page 2 of 3
10:00 p.m. July 5 of the same year. It shall be unlawful for any person to sell "safe and sane" fireworks within the City of Seaside without having first applied for and received a permit from the city as required in this chapter. Only "safe and sane" fireworks certified by the State of California Fire Marshal can be sold.

This ordinance allows non-profit agencies based in the City of Seaside (and or serving residents in the city of Seaside) to sell "safe and sane" fireworks in order to benefit the youth and adults that live in the City of Seaside. A pre-requisite of this ordinance includes certification by the Secretary of State of California or the Internal Revenue Service along with a current mailing address within the City of Seaside.

The following non-profit organizations have submitted an application for approval to sell "safe and sane" fireworks, listed in the order they were submitted:

Monterey Condors Club
Location: 1391 Fremont Blvd
Seaside Aquatics Club, Inc.
500 Broadway Ave (Parking Lot)
Monterey Bay Christian Center
Location: 1510 Fremont Blvd
World Outreach Services, Inc.

Location: 1340 Fremont Blvd
Iglesia Vida, Camino, Verdad of the Assembles of God
1349 Canyon Del Rey
The Village Project
1271 Canyon Del Rey (Dirt Lot)
Recognizing Military Service Center
2087 Del Monte Blvd

If the council approves of the sale of "safe and sane" fireworks, each booth is thoroughly inspected by the Fire Department prior to the booth opening for sales.

FISCAL IMPACT
The City will receive 7% of gross sales.

ATTACHMENTS
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Item No. 7.H. Page 3 of 3

1. Ord. 2026 Fireworks Ordinance

2. Ord. 2026 Fire Works Ordinance chapter 8.32
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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Seaside Municipal Code
Chapter 8.32 FIREWORKS

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

Chapter 8.32

FIREWORKS
Sections:

8.32.010 Purpose.

8.32.020 Definitions.

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

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

8.32.050 Repealed.

8.32.060 Repealed.

8.32.070 Repealed.

8.32.080 Repealed.

8.32.090 Repealed.

8.32.100 Repealed.

8.32.110 Repealed.

8.32.120 Revocation of permit.

8.32.130 Seizure of fireworks.

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

8.32.150 Repealed.

8.32.160 Repealed.

8.32.170 Repealed.

8.32.180 Manufacture of fireworks prohibited.

8.32.190 Administrative fines and penalties.

8.32.200 Concurrent authority.

8.32.210 Fees deemed debt to the city.

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

8.32.010 Purpose.

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

8.32.020 Definitions.

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

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

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

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

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Seaside Municipal Code
Chapter 8.32 FIREWORKS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Chapter 8.32 FIREWORKS

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

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

8.32.050 Exception – Safe and sane fireworks.

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

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

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

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

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

8.32.080 Operator safety seminar.

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

8.32.090 Operation of fireworks stand.

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

8.32.100 Fireworks stands.

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

8.32.110 General requirements for permittees.

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

8.32.120 Revocation of permit.

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

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

8.32.130 Seizure of fireworks.

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

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

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

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

2. A general explanation of the supplemental fire and law enforcement personnel deployed within the city; Packet Page 76
Seaside Municipal Code
Chapter 8.32 FIREWORKS

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

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

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

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

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

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

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

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

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

8.32.150 Fireworks surcharge.

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

8.32.160 Wholesale storage of safe and sane fireworks.

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

8.32.170 Fireworks wholesaler public education plan.

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

8.32.180 Manufacture of fireworks prohibited.

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

8.32.190 Administrative fines and penalties.

A. Repealed by Ord. 1095.

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

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

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

E. Administrative fines collected pursuant to this section and related to dangerous fireworks shall not be subject to the restrictions of California Health and Safety Code Sections 12500 through 12759; however, the city shall provide Packet Page 77
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Chapter 8.32 FIREWORKS

The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. cost reimbursement to the state Fire Marshal pursuant to regulations adopted by the state Fire Marshal addressing the state Fire Marshal’s cost for the transportation and disposal of dangerous fireworks seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted, the city shall hold in trust two hundred fifty dollars, or twenty-five percent of administrative fines collected, to cover the cost reimbursement to the state Fire Marshal for the cost of transportation and disposal of the dangerous fireworks.

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

8.32.200 Concurrent authority.

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

8.32.210 Fees deemed debt to the city.

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

8.32.211 Curfew for use of Safe and Sane Fireworks.

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

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

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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.I.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: May 16, 2024
SUBJECT: APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST

FROM WE WORSHIP COLLECTIVE FOR COST ASSOCIATED

WITH THEIR YOUTH SUMMER CAMP

RECOMMENDATION
Approve a request from We Worship Collective for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with their summer youth camp.

BACKGROUND
We Worship Collective is requesting a donation of $3,000.00 from the Mayor's Youth Fund to cover the costs associated with their summer youth camp, which is open to all youth in the community. We Worship Collective is in partnership with Greater Victory Temple Church of God. Their local creative instructors will be providing lessons for instruments such as drums, piano and guitar. They will also provide sessions in other areas of the arts, such as dance, creative writing and poetry.

The funds will be used to help cover some of the tuition expenses for the camp, such as; scholarships/grants for students, lesson supplies, instructional materials, lunch, access to all instruments needed, the cost associated with the recital, and purchase of any additional instruments needed. Their lunch program will recycle all recyclable materials to help their footprint.

Based on the information provided in the application, the request meets the criteria for the Mayor's Youth Fund Policy. They received their last donation at the May 04, 2023 City Council meeting. They submitted their 2023 Mayor's Youth Fund Closing Report within the 60-day time frame.

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Item No. 7.I. Page 2 of 2

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $38,107.02. If the City Council approves this request, the balance will decrease to $35,107.02. This is for fiscal year 2023/24.

In the event that all of the funds in the Mayor's Youth Fund become exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council meeting.

ATTACHMENTS

1. MYF We Worship Collective 2024

2. W-9 We Worship Collective 2024

3. 501(c)(3) Information - We Worship Collective
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.J.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: May 16, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING FISCAL YEAR 2024-2025

STREET REPAIR PROJECT LIST TO BE FUNDED IN PART WITH
SB1: THE ROAD MAINTENANCE REPAIR AND ACCOUNTABILITY
ACT OF 2017 FUNDS, AND AUTHORIZING STAFF TO SUBMIT TO

THE CALIFORNIA TRANSPORTATION COMMISSION

RECOMMENDATION
Adopt a resolution authorizing staff to submit a SB 1 Project List to the California Transportation Commission (CTC), and authorizing the SB1 Project List to be funded in part with fiscal year (FY) 2024-25 Road Maintenance Repair and Accountability (RMRA) Revenues.

BACKGROUND
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.

SB1 places accountability and compliance requirements on jurisdictions in order to exhibit the effectiveness of the program. The City must adopt, by resolution, a list of projects proposed to receive fiscal year funding in part from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1. As part of this year’s project list update, the City is submitting the 2025 Pavement Rehabilitation Project (design only) and the San Pablo Avenue Traffic Calming Improvements Project (construction). During preliminary design of the 2025 Pavement Rehabilitation Project staff return to Council with recommended streets for inclusion in the project.

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Item No. 7.J. Page 2 of 2
Staff recommends that the City Council adopt a resolution approving the attached SB1 Project List in order to update the project list with the CTC for continuation of SB1 funding.

ENVIRONMENTAL COMPLIANCE
Per Title 14 of the California Code of Regulations, Chapter 3, “Guidelines for Implementation of California Environmental Quality Act (CEQA),” Article 19, “Categorical Exemptions,” Section 15301.c, “Existing Facilities”, repair, maintenance or minor alterations involving negligible or no expansion of existing or former use of "Existing highway and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety)” are categorically exempt from CEQA (California Environmental Quality Act)."

FISCAL IMPACT
The City of Seaside RMRA revenues generated from SB1 are budgeted to be $837,075 in FY 2024-2025. The proposed project list (Exhibit A) will be partially funded from the budgeted RMRA SB1 revenues accounted for in #210-3526 and expended from budgeted amounts in the Pavement Resurfacing Account (212-8920-9600) and the Traffic Calming Project Account (212-8960-9580).

ATTACHMENTS

1. Resolution

2. Exhibit A - Project List
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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Meeting Date: 5/16/24
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING FISCAL YEAR 2024/2025 STREET REPAIR PROJECT LIST TO BE FUNDED IN PART WITH SB1: THE ROAD MAINTENANCE REPAIR AND ACCOUNTABILITY ACT OF 2017 FUNDS, AND AUTHORIZING STAFF TO

SUBMIT THE LIST TO THE CALIFORNIA TRANSPORTATION COMMISSION WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Seaside (City) must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, attached hereto as Exhibit A, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvements; and WHEREAS, the City could receive an estimated $837,075 in RMRA funding in Fiscal Year 2024-2025 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities, including City Council Meetings, Traffic Advisory Committee Meetings, and Council’s direction to focus on rehabilitating residential roadways and traffic calming measure for city streets; and.

WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate approximately 8 street segments throughout the City as part of the 2025 Pavement Packet Page 90
-2
Rehabilitation Improvements Project and San Pablo Avenue between Mescal Avenue and General Jim Boulevard as part of the San Pablo Traffic Calming Improvement Project; and WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City/ County streets and roads are in an “at risk” condition and this revenue will help us improve the overall quality of our road system; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve the Fiscal Year 2024-2025 Street Repair Project List (Exhibit A) to be funded in part with SB1: The Road Maintenance Repair and Accountability Act of 2017 funds, to allocate these funds to the Pavement Resurfacing Account (212-8920- 9600) and the Traffic Calming Project Account (212-8960-9580), and authorize staff to submit the list to the California Transportation Commission.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 16th day of May 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
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Exhibit A: Senate Bill (SB) 1 Proposed Project List for Fiscal Year 2024-25 S:\CIP\Active Projects\SB1 Projects\CTC Reporting\Project List Updates\FY 24-25 Project List Update\DRAFT_SB1 project-list_240507.xlsx - SB1 FY22.23 Project List Print 5/9/2024 Title Description
New or Carried Over
Project for SB1
Reporting
Location
Estimated
Project
Completion
Est Useful
Life Min
Est Useful
Life Max
FY24/25 Estimated
SB1 Funding
2025 Pavement Rehabilitation
Improvements Project
Evaluate the road network and determine failed
road sections and design for the best applicable
selected pavement rehabilitation treatment types
as determined during design.(Design)
New Citywide December
2024 (Design) 5 30 $ 337,075
San Pablo Traffic Calming Improvements
Project
This project aims to reduce vehicle speeds and
increase safety and quality of life for all residents
along San Pablo Avenue between Mescal Street
and General Jim Moore Boulevard. The Project
improvements include red curbing at intersections,
centerline and edgeline striping, median islands,
high visibility crosswalks, painted curb extensions,
a speed feedback sign, slurry seal, and speed
cushions. (Construction)
New
San Pablo Avenue between Mescal
Street and General Jim Moore
Boulevard
June 2025 5 20 $ 500,000.00
Total Estimated Budget: $ 837,075.00
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.K.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Alexia Rapoport, Housing Program Manager
DATE: May 16, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE AMENDMENT AND

SUBMISSION OF THE REGIONAL EARLY ACTION PLANNING
(REAP 2.0) GRANT APPLICATION FOR HOUSING ELEMENT

IMPLEMENTATION ACTIVITIES

RECOMMENDATION
Adopt a resolution authorizing the amendment of the City's Regional Early Action Planning Grant (REAP 2.0) application and authorizing the City Manager to complete its submission to the Association of Monterey Bay Area Governments (AMBAG) and the California Department of Housing and Community Development (HCD).

BACKGROUND
In 2021, California Assembly Bill 140 established the Regional Early Action Planning Grant Program 2021 (REAP 2.0) to accelerate infill housing development, reduce Vehicle Miles Traveled (VMT), increase housing supply at all affordability levels, and affirmatively further fair housing. The California Department of Housing and Community Development (HCD) administers the REAP 2.0 program in collaboration with the Governor’s Office of Planning and Research (OPR), the Strategic Growth Council (SGC), and the California Air Resources Board (CARB). Applications are submitted to the Association of Monterey Bay Area Governments (AMBAG).

Projects soliciting REAP 2.0 funding must achieve the following objectives:
• Accelerate infill development that facilitates housing supply, choice, and affordability,
• Affirmatively Further Fair Housing,
• Reduce VMT,
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Item No. 7.K. Page 2 of 3
• Advance 6th Cycle Housing Element Compliance, and
• Advance Implementation of AMBAG’s Sustainable Communities Strategy On August 3rd, 2023, the Seaside City Council approved the submittal of an $85,000 REAP 2.0 grant application, the maximum allocation the City of Seaside is eligible for under the REAP 2.0 Local Suballocation Grant Program. The application approved on August 3rd, 2023 proposed to conduct pre-development activities associated with a proposed affordable housing development located on two adjacent city-owned parcels-- 956 and 962 Hilby Avenue. On September 1st, 2023, the City was notified of its application's approval and awarded a REAP 2.0 grant in the amount of $85,000.

However, on January 10, 2024, Governor Newsom's proposed budget was released.

The Governor's proposed budget is predicated on a $30 billion deficit and $1.2 billion in cuts to housing programs including a 50% reversion ($300 million) to the REAP 2.0 program. City Staff were directed by the grant funder to halt all project activity. On January 11, 2024, City Staff was also informed that the development partner it previously identified for the proposed development no longer intended to participate in the project. The status of the REAP 2.0 funds and state housing budget remain uncertain. This, along with the loss of the City's development partner adn the grant's March 2026 deadline, has rendered the previous grant project infeasible.

However, though the status of the REAP 2.0 program and available funding remains uncertain, the City has the opportunity to amend its REAP 2.0 application and utilize any remaining program funds. On March 27th, 2024, the City of Seaside became the second city in Monterey County to receive HCD certification of its 6th Cycle Housing Element. Implementation of the City's 6th Cycle Housing Element constitutes an eligible REAP 2.0 activity and achieves all aforementioned REAP 2.0 objectives. As such, Staff recommends adopting a resolution (Attachment 1) authorizing the amendment of the City's Regional Early Action Planning Grant (REAP 2.0) application (Attachment 2) and authorizing the City Manager to complete its submission to the Association of Monterey Bay Area Governments (AMBAG) and the California Department of Housing and Community Development (HCD).

FISCAL IMPACT
None

ATTACHMENTS

1. Resolution

2. Amended REAP 2.0 Application
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Item No. 7.K. Page 3 of 3
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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Meeting Date: 5/16/24
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE AMENDMENT OF THE REGIONAL EARLY ACTION PLANNING GRANT (REAP 2.0) AND ITS SUBMISSION TO THE ASSOCIATION OF MONTEREY

BAY AREA GOVERNMENTS (AMBAG) AND THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT (HCD)
WHEREAS, the California Legislature enacted Assembly Bill 140 in 2021, thereby establishing the Regional Early Action Planning Grant Program 2021, also known as REAP 2.0, and WHEREAS, REAP 2.0 seeks to accelerate infill housing development, reduce Vehicle Miles Traveled (VMT), increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of regional and local plans to achieve these goals, and
WHEREAS, the City of Seaside is eligible for a maximum award of $85,000 under the REAP 2.0 Local Suballocation Grant Program, and
WHEREAS, the City of Seaside 6th Cycle Regional Housing Need Allocation totals 616 units and includes 86 very low, 55 low, and 156 moderate income units, and WHEREAS, the City of Seaside continues to seek and enact proactive solutions to address its community’s housing needs, and
WHEREAS, on August 3rd, 2023 the Seaside City Council approved the submittal of a REAP 2.0 grant application in the amount of $85,000 for the purpose of carrying out pre-development activities for the development of affordable housing upon two adjacent city-owned parcels located at 956 and 962 Hilby Ave; and
WHEREAS, on September 1st, 2023, the City of Seaside was awarded a REAP 2.0 grant in the amount of $85,000; and
WHEREAS, on January 10, 2024, Governor Newsom released a proposed state budget which included a 50% reversion to the REAP 2.0 program and other key state housing programs and on January 11, 2024, the City’s lost its previously-identified development partner for the proposed development, rendering the proposed grant activity infeasible; and WHEREAS, the City has the opportunity to amend its grant activity to utilize REAP 2.0 grant funding; and
WHEREAS, while the status of the REAP 2.0 program and amount of funding which will be available remains uncertain, the City seeks its maximum allocation under REAP 2.0 to implement the programs outlined in the City’s adopted and state-certified 6th Cycle Housing Element.

NOW, THEREFORE, BE IT RESOLVED, that the Seaside City Council hereby accepts and approves the amended City of Seaside REAP 2.0 Local Suballocation Grant Program Application and authorizes the City Manager to complete its submission to the Association of Monterey Bay Packet Page 97
Area Governments and the California Department of Housing and Community Development.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on 16th day of May, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
AS TO FORM:
________________________________
Sheri Damon, City Attorney
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Regional Early Action Planning Grants of 2021 (REAP 2.0)

LOCAL SUBALLOCATION GRANT PROGRAM (LSGP) APPLICATION
Application for Jurisdictions
Deadline: August 15, 2023
This application to the Association of Monterey Bay Area Governments (AMBAG) is for the Local Suballocation Grant Program, a grant authorized under the Regional Early Action Planning Grants (REAP

2.0) provisions. The REAP 2.0 program was established through AB 140 (July 2021) for transformative and innovative projects that implement a region’s Sustainable Communities Strategy (SCS) and help achieve the objectives of more housing and transportation options that reduce reliance on cars. REAP 2.0 builds on actions completed through the REAP 1 grant program but expands the focus by integrating housing and vehicle miles travelled (VMT) reduction, and by allowing for broader planning and implementation investments, including infrastructure investments supporting housing development. This includes accelerating housing production and facilitating compliance with the 6th Cycle of the housing element.

REAP 2.0 is specifically designed to provide Eligible Entities with tools and resources to help implement and advance plans, primarily including Sustainable Communities Strategies (SCS) as part of Regional Transportation Plans to pursue greenhouse gas emission reduction targets through land use and transportation changes.

The REAP 2.0 Program Framework includes three core components:

1. Regional Competitive Grant Program

2. Local Suballocation Grant Program

3. AMBAG SCS Implementation, Technical Assistance, REAP 2.0 Program Development and Administration
This is the application for the REAP 2.0 Local Suballocation Grant Program. The Local Suballocation Grant Program sets aside $2,625,000 for jurisdictions throughout the region for eligible projects which meet all REAP 2.0 goals and objectives. The goal of this suballocation program is to provide all cities and counties with an opportunity to propose REAP 2.0 eligible projects while allowing for both implementation and planning uses. All projects or programs must achieve all REAP 2.0 goals, objectives, and pass thresholding criteria. Full guidance and requirements for this grant program can be found in the AMBAG REAP 2.0:

Local Suballocation Grant Program Final Guidelines.

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Regional Early Action Planning Grants 2021 (REAP 2.0)

LOCAL SUBALLOCATION GRANT PROGRAM APPLICATION
2 REAP 2.0 Program Goals:

Invest in housing, planning, and Infill Housing-supportive infrastructure across the entire state in a manner that reduces VMT, increases Housing affordability, and advances equity, consistent with all of the following:
• Advances the State Planning Priorities, as described in Section 65041.1 of the Government Code; • Affirmatively Furthering Fair Housing;
• Facilitating Housing Element compliance and progress for the sixth cycle RHNA; • Advancing and implementing the region’s SCS.

REAP 2.0 Program Objectives:
• Accelerating Infill Development that Facilitates Housing Supply, Choice, and Affordability • Affirmatively Furthering Fair Housing (AFFH)
• Reducing Vehicle Miles Traveled (VMT)
To apply for project funding, eligible applicants must submit a REAP 2.0 LSGP Application. All sections of this application, including Attachment 1, must be complete and accurate. A jurisdiction may submit multiple applications through the final due date for eligible projects and activities until it has reached its funding maximum.

Timeline:

Below is a tentative schedule and is subject to change in the final guidelines. • April 2023: Released draft LSGP Guidelines for public review • June 2023: AMBAG adopts final LSGP Program guidelines. • August 15, 2023: Final application from eligible applicants due to AMBAG. • September 2023: Grant applications are reviewed and evaluated • October/November: AMBAG approves applications and awards REAP 2.0 • December 2023 – February 2024: Execute grant agreements with REAP 2.0 awardees • June 30, 2024: Deadline to encumber REAP 2.0 funds
• March 31, 2026: All REAP projects and activities must be completed; final activity reports due to AMBAG; final project invoices due to AMBAG
All applicants must submit the following to AMBAG by August 15, 2023 to be considered for the award:

1. A completed REAP 2.0 LSGP application along with all required supporting documents within the application period.

2. A fully executed Government Agency Taxpayer ID Form (see Attachment 1).

All applications must be submitted electronically to AMBAG by email to [email protected]. No hard copies will be accepted.

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Regional Early Action Planning Grants 2021 (REAP 2.0)

LOCAL SUBALLOCATION GRANT PROGRAM APPLICATION
3 Contact:

If you have questions regarding this application or the REAP 2.0 program, contact Paul Hierling at [email protected] or 831-264-5092.

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Regional Early Action Planning Grants 2021 (REAP 2.0)

LOCAL SUBALLOCATION GRANT PROGRAM APPLICATION
4 A. Applicant Information
Complete the following Applicant information
Agency Name City of Seaside
Agency Type City
Applicant’s Mailing Address* 440 Harcourt Avenue
City Seaside
State California Zip Code 93955
County Monterey
Website www.ci.seaside.ca.us
Authorized Representative Name Nicholas Borges
Authorized Representative Title Acting City Manager
Phone 831-899-6700 Fax
Email [email protected]
Contact Person Name Alexia Rapoport
Contact Person Title Housing Program Manager
Phone 831-899-6772 Fax
Email [email protected]
Grant Amount (See program
guidelines, Section 2a for
amount which your jurisdiction is
eligible to apply)
$ 85,000
*Ensure the Government Agency Taxpayer ID Form matches the Applicants Mailing Address listed above exactly. (See Attachment 1, “Government Agency Taxpayer ID Form”) B. Threshold Requirements
Project elements will be rated on a pass or fail basis. Any project that fails one or more of the REAP 2.0 objectives or primary factors will be rejected. Projects that meet all REAP 2.0 objectives and goals will be considered for approval as eligible projects. In the box below, indicate whether your project meets each thresholding criteria.

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Regional Early Action Planning Grants 2021 (REAP 2.0)

LOCAL SUBALLOCATION GRANT PROGRAM APPLICATION
5 Thresholding Criteria
REAP 2.0 Objectives – Does the project: Yes No

1. Accelerate Infill Development? (see Section D [1] for more detail) x

2. Affirmatively Further Fair Housing? (see Section D [2] for more detail) x

3. Reduce VMT? x
Primary Factors – Does the project:

1. Advance Housing Element Compliance? x

2. Result in Transformative Planning and Implementation Activities? (see Section D [5] for more detail) x

3. Benefit to Disadvantaged and Historically Underserved Populations? (See section D [6] for more detail) x

4. Have Significant Beneficial Impacts? (See section D [7] for more detail) x

5. Advance California Planning Priorities per Government Code 65041.1?
x
As the official designated by the governing body, I hereby certify that the proposed project is consistent with the AMBAG REAP 2.0 Local Suballocation Final Program Guidelines and meets all program requirements.

I further certify that, if approved by AMBAG for a suballocation of funding through the REAP 2.0 program, the [Insert Agency Name Here] assumes the responsibilities specified in this application and certifies that the information statements and other content contained in this application are true and correct.

Signature: _____________________________________ Name: ________________________________ Date: _____________________Title: ______________________________________________________ Packet Page 103
Regional Early Action Planning Grants 2021 (REAP 2.0)

LOCAL SUBALLOCATION GRANT PROGRAM APPLICATION
6 C. Eligible Activities Categories Checklist
REAP 2.0 funds are focused on implementation of policies, programs, and projects, rather than only the planning processes that were the focus of REAP 1.0. Eligible LSGP projects must accelerate infill development, affirmatively further fair housing, reduce vehicles miles traveled, support housing element implementation and creates expanded opportunities for local efforts to align with AMBAG’s regional plans, implement the infill and VMT reduction goals of the AMBAG 2045 MTP/SCS, and support state planning goals.

Check one or more eligible activity category that will be implemented by the project. Proposed projects falling under these general project categories below must be shown to meet all criteria in Section B through the project narrative section of this application to be approved for funding. If project doesn’t fall into these main categories, check the “other” option at the end of this list:
x
Projects or programs leading to or supporting affordable housing development programs or unit production or preservation;
x
Planning activities that lead to increased residential and/or mixed-use zoned capacity in areas identified as infill (see Section D [1] for infill definition), or land use planning, related studies and/or programs that result in implementable/adoptable programs and policies (meaning subject to adoption or approval of the legislative body) required to meet the programs, projects, and commitments in draft, adopted and/or compliant 6th Cycle Housing Elements; Program-level environmental clearance for infill projects (see Section D [1] for infill definition) with AFFH component (See Section D [2] for more detail on AFFH) s; Upgrading infrastructure for sewer, water, and dry utility systems that may serve affordable infill housing;
Housing mobility strategies that serve affordable housing; Housing mobility strategies that serve affordable housing; Reductions to barriers to higher density Housing, buildings with four or more units, and accessibility;
Outreach strategies to address local opposition to Proposed Use; Anti-displacement protections;
x Expanded Housing options;
Housing-supportive infrastructure;
Activities that develop, support, or implement land use planning, policies, or investment strategies that result in substantial changes to travel behavior from increasing population and employment densities, land use mix, street network connectivity, linkages and pathways with active transportation infrastructure, accessibility between destinations, and/or contiguousness of land uses and transportation networks; Activities, subject to applicable program funding requirements, that would develop, support, or implement transportation planning, policies, and investment strategies that support Infill development that facilitates housing supply, choice, and affordability such as n. Increasing transit services and access; Packet Page 104
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7 Building at walkable community scales;
Enhancing pedestrian and bicycling safety measures;
Protecting pedestrian and bicycling amenities;
Multimodal infrastructure connections with multimodal-mobility transportation systems.

Other Eligible Activity consistent the program guidelines.

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8 D. Project Description and Narrative
The City of Seaside will utilize REAP 2.0 funds to implement concrete programming goals outlined in the City’s 6th Cycle Housing Element (2023-2031) which received state certification on March 27th, 2024. REAP 2.0 funds will be used to implement programs which assist housing production within infill areas, affirmatively further fair housing, and reduce vehicle miles traveled by encouraging development near existing transit. A number of these programs were identified through the community engagement process throughout the Housing Element Update period and in collaboration with the California Department of Housing and Community Development (HCD).

Programs that have been identified that meet these various goals include but are not limited to:
• Program 9, Accessory Dwelling Units (ADUs): The City adopted a comprehensive update of its ADU provisions in April 2022 and again in March 2023 to ensure compliance with changes to Government Code Sections 65852.2 and 65852.22. The City website has a page providing an ADU Guide, which provides a step-by-step building permit process and made available three pre-approved ADU plans. Actions the City will take to further implement its ADU program include: inform ADU applicants that ADU units are subject to SB 329 and SB 222 (rental cannot be denied due to source of income), upon review of HCD of the City’s Updated ADU Ordinance adopted April 2023, the City will amend its ADU ordinance if necessary to be consistent with ADU law.
• Program 10, Housing on Faith-Based Properties: AB 1851, approved in 2020, encourages religious institutions to pursue housing development by allowing these institutions to eliminate up to 50% of their parking spaces for housing. Cities may not require churches to replace that parking. The City will work to facilitate affordable housing in faith-based properties by creating a packet outlining land use and development information for affordable housing production on faith-based organization sites and provide that information, along with staff contact details, to owners and occupants of faith-based sites within the City at least every two years. The City will target outreach to faith-based properties in higher median income areas to promote increased housing opportunities. • Program 15, Affordable Housing Development: The proposed General Plan introduces higher density mixed use development opportunities in the community. Actions include: As part of the comprehensive update to the Zoning Ordinance and through a form-based code approach establish appropriate development standards and incentives to facilitate mixed use developments and residential development in mixed use neighborhoods; consider other incentives and concessions such as reduced parking requirements and increased FAR; establish objective standards to accommodate SB 35 streamlining of affordable housing Provide a description of the project including a description of the project’s impact on accelerating housing production, affirmatively furthering fair housing, and reducing vehicle miles traveled.

Describe how your project implements the eligible activities indicated in section C. Eligible Activities Checklist. Indicate how your project addresses regional housing issues that affect the Central Coast.

Include whether plans will be adopted. If consultants are used, identify what tasks they will be responsible for. This box will overflow to add additional pages if additional space is needed.

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9 projects, outreach to affordable housing developers, assist developers in identifying available sites for affordable housing; other related tasks.
• Program 16, Density Bonus Ordinance: The City’s Density Bonus Ordinance works with the City’s Inclusionary Housing Program to facilitate affordable housing development. The City’s Density Bonus Ordinance needs to be updated to reflect recent changes in state law including:

AB 2222, AB 2501, AB 2556, AB 2442, AB 1934, AB 1763, AB 1227. • Program 25, Fair Housing Outreach and Education: The City will undertake a series of actions to further fair housing in the community. Action include: conducting outreach in partnership with fair housing agencies, updating the City’s website to provide bilingual information regarding fair housing rights and resources, updating the Zoning Ordinacne by 2024 to comply with State housing laws regarding housing for special needs, and other related tasks. • Program 26, Anti-Displacement Strategy: The City is committed to preserving housing stability and affordability for its renter households and providing assistance to businesses so that they can stay and thrive in Seaside. Actions include: creating a listing of affordable units available citywide and posting on the City website, creating a portal for providers to report vacancies, partnering with nonprofits that serve underserved residents within the City to share information on fair housing and tenant rights, and establishing procedures to implement SB 330, including replacement requirements, and other related tasks.

Completion of these programs will assist in removing barriers to providing greater housing opportunities throughout the City of Seaside, facilitate the development of multiple housing types, promote infill development, reduce VMT, and address fair housing issues. In doing so, the City of Seaside will directly address its housing needs and further work towards meeting its 6th Cycle RHNA. Implementation of these programs is anticipated to begin upon approval of this grant and execution of grant contracts.

Please respond to the following questions demonstrating how your project is located in a valid infill area and accelerates infill development (600-word limit):

Explain how the project accelerates infill development near jobs and other key destinations to support housing choice and affordability that effectively reduces VMT and greenhouse gas emissions. “Accelerating Infill Housing Production” or “Accelerating Infill Development, Including Housing” means planning, infrastructure, and other investment and actions that improve the affordability, timing, cost, Packet Page 107
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10 feasibility, approval, and amount of Housing development. “Infill”, for the purposes of the REAP 2.0 Program, is defined as the following: Projects within Cities:

Projects comply with REAP 2.0 Program goals and objectives and are in areas within an Existing/Planned Opportunity Area or Potential Opportunity Area as defined by the AMBAG 2045 MTP/SCS (Moving Forward Monterey Bay 2045) AND comply with the State infill definition in the REAP 2.0 Guidelines as detailed below.

Projects within Counties:

Projects comply with REAP 2.0 Program goals and objectives and are within an Existing/Planned Opportunity Area or Potential Opportunity Area as defined by the AMBAG 2045 MTP/SCS (Moving Forward Monterey Bay 2045) AND comply with the State infill definition in the REAP 2.0 Guidelines as detailed below. For more about these areas, see: AMBAG 2045 MTP/SCS.

All Projects:

In addition to the above, all projects must meet the State REAP 2.0 infill definition. The State REAP 2.0 infill definition pursuant to State guidelines provides that:
“Infill”, for the purposes of the REAP 2.0 Program, means areas where all the following apply: (1) the area consists of unused or underutilized lands (2) within existing development patterns (3) that is or will be accessible to destinations and daily services by transit, walking, or bicycling and located in either:
a. An urban center, urban corridor, or area with transit‐supportive densities, or b. An established community that meets all the following criteria:
i. The area consists or previously consisted of qualified urban uses ii. The area is predominantly surrounded (approximately 75 percent of the perimeter) by parcels that are developed or previously developed with qualified urban uses. In counting this, perimeters bordering navigable bodies of water and improved parks shall not be included, and
iii. No parcel within or adjoining the area is classified as agricultural or natural and working lands.
c. Under unique circumstances, applicants may propose an alternative definition of “Infill” subject to approval by the Department and State Collaborative Partners.

Also explain how the project will further the SCS in focusing future development within transit corridors (within ½ mile of transit), actionize the Infill Housing Toolkit for SCS implementation with densities beyond single family housing preferred, and support other SCS investments.

Include the address(es) of the project area(s), satellite map (Google Maps or similar) of the project site(s) including surrounding parcels so AMBAG can verify that the project is not adjacent to natural or agricultural lands, and is in an appropriate infill site. If a zoning map is available to show the project Packet Page 108
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11 location and associated land use designation, that will help assist in confirming the project is in an eligible infill area.

Response:

The City’s project to fund program implementation of its 6th Cycle Housing Element is a city-wide project, not limited to a single parcel of property. As such, it will address infill issues within the entire city, with a focus on areas that are in opportunity areas defined by AMBAG.

Program implementation that will specifically address infill issues include but are not limited to:
• Program 9, Accessory Dwelling Units (ADUs): The City adopted a comprehensive update of its ADU provisions in April 2022 and again in March 2023 to ensure compliance with changes to Government Code Sections 65852.2 and 65852.22.
• Program 10, Housing on Faith-Based Properties: AB 1851, approved in 2020, encourages religious institutions to pursue housing development by allowing these institutions to eliminate up to 50% of their parking spaces for housing. Cities may not require churches to replace that parking. The City will work to facilitate affordable housing in faith-based properties by creating a packet outlining land use and development information for affordable housing production on faith-based organization sites and provide that information, along with staff contact details, to owners and occupants of faith-based sites within the City at least every two years. The City will target outreach to faith-based properties in higher median income areas to promote increased housing opportunities.
• Program 15, Affordable Housing Development: The proposed General Plan introduces higher density mixed use development opportunities in the community. • Program 16, Density Bonus Ordinance: The City’s Density Bonus Ordinance works with the City’s Inclusionary Housing Program to facilitate affordable housing development. The City’s Density Bonus Ordinance needs to be updated to reflect recent changes in state law.

Please respond to the following questions demonstrating how your projects fulfills each REAP 2.0 objective (200-word limit per response):

1. Explain how the project affirmatively furthers fair housing. “Affirmatively Furthering Fair Housing”, pursuant to Government Code section 8899.50 means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, Affirmatively Furthering Fair Housing means taking meaningful actions that, taken together, address significant disparities in Housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with Civil Rights and Fair Housing Laws.

HCD provides an AFFH Data Viewer which may assist the applicant in identifying the project’s AFFH impacts.

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12 Within the program commitments identified by the City of Seaside, several of the programs are specific to Affirmatively Furthering Fair Housing. These address issues such as A) making available a comprehensive matrix of available affordable housing and fair housing resources, in addition to actively outreaching into the community to promote said resources; B) educating landlords and community members regarding fair housing issues and state laws pertaining to nondiscrimination based on income source; C) actively promoting fair housing agencies on the City’s website; D) assist developers in identifying suitable sites for affordable housing development, including faith-based institutions.

2. Explain how the project reduces Vehicle Miles Travelled (VMT) and is consistent with the AMBAG 2045 MTP/SCS strategies.

Response: Implementation of the programs identified in the City’s 6th Cycle Housing Element will reduce VMT by encouraging development of additional affordable housing units, needed services, and mixed use development. Specific program implementation that directly address VMT reduction include but are not limited to:
• Program 9, Accessory Dwelling Units (ADUs): The City adopted a comprehensive update of its ADU provisions in April 2022 and again in March 2023 to ensure compliance with changes to Government Code Sections 65852.2 and 65852.22.
• Program 10, Housing on Faith-Based Properties: AB 1851, approved in 2020, encourages religious institutions to pursue housing development by allowing these institutions to eliminate up to 50% of their parking spaces for housing. Cities may not require churches to replace that parking. The City will work to facilitate affordable housing in faith-based properties by creating a packet outlining land use and development information for affordable housing production on faith-based organization sites and provide that information, along with staff contact details, to owners and occupants of faith-based sites within the City at least every two years. The City will target outreach to faith-based properties in higher median income areas to promote increased housing opportunities.
• Program 15, Affordable Housing Development: The proposed General Plan introduces higher density mixed use development opportunities in the community. • Program 16, Density Bonus Ordinance: The City’s Density Bonus Ordinance works with the City’s Inclusionary Housing Program to facilitate affordable housing development. The City’s Density Bonus Ordinance needs to be updated to reflect recent changes in state law.

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LOCAL SUBALLOCATION GRANT PROGRAM APPLICATION
13 3. Explain how the project advances compliance with your jurisdiction’s draft 6th Cycle Housing Element.

Response: The entire project consists of implementing the City’s 6th Cycle Housing Element which received HCD certification on March 27, 2024. Securing this grant funding is key to advancing implementation and adherence to the goals outlined within the City’s 6th Cycle Housing Element by providing both direct funding and expanding capacity.

4. Explain how the project will result in Transformative Planning and Implementation Activities. “Transformative planning and implementation activities” means housing, planning, infrastructure investments supporting infill housing, and other actions that enable meeting housing goals that also result in per capita vehicle miles traveled reductions, including accelerating infill development, supporting residents through realizing Multimodal Communities, shifting travel behavior through reducing driving, and increasing transit ridership.

Response: As discussed in the previous narrative, the project consists entirely of Housing Element implementation. This will directly advance the City’s 6th Cycle RHNA targets, improve infill housing opportunities and Accessory Dwelling Units, bringing units and facilities closer to transit opportunities, and reduce Vehicle Miles Traveled by improving access to jobs and services within the City of Seaside and reducing the need for travel outside of the community.

5. Explain how the project has a Benefit to Disadvantaged and Historically Underserved Communities. “Disadvantaged and Historically Underserved Communities” includes concentrated areas of poverty; Areas of High Segregation and Poverty and areas of low to moderate access to opportunity (TCAC/HCD Opportunity Area Maps); Communities of Concern, Disadvantaged Communities (SB 535 Disadvantaged Communities Map ), and Low-Income Communities pursuant to Senate Bill 535 (De León, Chapter 830, Statutes of 2012) and Assembly Bill 1550 (Gomez, Chapter 369, Statutes of 2016); areas of high Housing cost burdens; areas with high vulnerability of displacement; areas related to Tribal Entities; and other areas experiencing disproportionate impacts of California’s Housing and climate crisis.

Response: The Housing Element housing programs, such as Program 25: Fair Housing Outreach and Education, that specifically target historically underserved communities such as Census Tract 137. Likewise, programs, such as Program 26: Anti-Displacement Strategy, outlined in the Housing Element specifically address issues of displacement and affordability which directly address the issues facing disadvantaged and historically underserved communities. Finally, implementation of programs that promote affordability and Packet Page 111
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14 expanded access to affordable housing options, such as the facilitation of affordable housing upon faithbased sites, directly benefit said communities by expanding housing mobility and opportunities.

6. Explain how your project has Significant Beneficial Impacts? Significant beneficial impacts must lead to substantial changes in land use patterns and travel behaviors. In demonstrating significant beneficial impacts, applicants may consider rates of change (e.g., percent increase over a baseline), the magnitude of impact relative to variables or targets, the proportion of need achieved, and the impact relative to past trends, policies, and practices. Variables or targets may include but are not limited to benefitting households by income group; Regional Housing Needs Assessment; Housing units (new construction, preservation/conservation, and rehabilitation); density; infrastructure; infrastructure capacity and accessibility; public space; community amenities; investments; Vehicle Miles Traveled reduction goals or targets; regional or local equity policies and programs included in an adopted RTP/SCS; and GHG reduction goals or targets.

Response: The implementation of the 6th Cycle Housing Element programs in the City of Seaside will assist in meeting the City’s 6th Cycle RHNA obligations, assist in the rehabilitation of housing, increase opportunities for infill and higher-density housing, and Affirmatively Further Fair Housing. As a whole, the project will meet multiple local and state policy goals. The project’s advancement of infill housing will reduce VMT and advance the RTP/SCS. This project will accelerate housing production in the Monterey-Seaside metropolitan area, providing low income housing to residents and access to high quality jobs.

7. Explain how your project Advances California Planning Priorities per Government Code 65041.1.

Response: Implementation of the City’s 6th Cycle Housing Element funded by the REAP 2.0 program is meant to meet the planning priorities outlined in Government Code 65041.1, specifically the mandates to promote infill development and equity and that the City actively promotes development near existing transit, services and infrastructure.

9. Explain how the project supports promotion of infill development and equity by rehabilitating, maintains, and improves existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas, and to preserve cultural and historic resources.

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LOCAL SUBALLOCATION GRANT PROGRAM APPLICATION
15 Response: Implementation of the Housing Element promotes infill development and equity by addressing programs specific to these goals. As listed earlier in the application, several programs directly address infill development. These programs assist housing goals throughout the City of Seaside to expand housing mobility and access for historically underserved communities.

10. Explain how the project supports protection of environmental and agricultural resources by protecting, preserving, and enhancing the state’s most valuable natural resources, including working landscapes such as farm, range, and forest lands, natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands, recreation lands such as parks, trails, greenbelts, and other open space, and landscapes with locally unique features and areas identified by the state as deserving special protection.

Response: As specified in the adopted and certified Housing Element, the City addresses its 6th Cycle RHNA entirely through infill development, thereby directly protecting natural resources.

Implementation of the City’s Housing Element would facilitate such infill development.

11. Explain how the project encourages efficient development patterns by ensuring that any infrastructure associated with development does all of the following (150-word limit per question/sub-question):
a. Uses land efficiently; and
The programs outlined in the City’s 6th Cycle Housing Element encourage more effective land use through the facilitation of infill development.
b. Is built adjacent to existing developed areas; and
All suitable sites identified in the 6th Cycle Housing Element are infill parcels. Moreover, several programs outlined within the Housing Element directly facilitate the creation of infill housing. c. Explain how the project is located in an area appropriately planned for growth; and The project area consists of the City of Seaside which was been allocated a 6th Cycle RHNA of 616 units, as approved by AMBAG.

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16 d. How the project location is served by adequate transportation and other essential utilities and services; and
The project area spans the City of Seaside and does not contemplate development upon greenfield space.

Its programs directly promote infill development near existing transit, jobs and services. e. Explain how the project minimizes ongoing costs to taxpayers? Utilization of REAP 2.0 grant funding to meet previously unfunded state Housing Element mandates will ensure that the City minimizes its use of General Fund dollars for this project; which will allow the City to maximize taxpayer dollars for daily quality-of-life services such as public safety, roads, and parks and recreation.

E. Project Schedule and Budget
All tasks, budget amounts, dates and deliverables should be included under one line item. Do not add additional rows to the table below. Indicate what tasks will be completed by the consultant and include dates for draft and final deliverables if applicable. Budget must account for the full amount the jurisdiction is eligible to apply for. Include project location(s). All tasks and spending must be completed by March 31, 2026.

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17 Project Title:

Tasks Budget Start
Date
End
Date Description and Deliverables
Implementation of
Identified 6th Cycle
Housing Element
Programs
$85,000 10/1/23 3/31/2026 The City of Seaside will utilize REAP 2.0 funds to focus on pursuing tangible
commitments by implementing its HCD
certified 6th Cycle Housing Element.

Deliverables will be the completion of
various program commitments identified
within the Housing Element.

Implementation will commence and
continue upon issuance of grant funding.

Total: $85,000
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Financial Information System for California (FI$Cal)

GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
The principal purpose of the information provided is to establish the unique identification of the government entity.

Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the form to sign prior to submittal.

You may email the form to: [email protected], or fax it to (916) 576-5200, or mail it to the address above.

Principal
Government
Agency Name
City of Seaside
Remit-To 440 Harcourt Ave
Address (Street
or PO Box)
City State Zip Code+4
Government Type: City County Federal 94-6022439
Employer
Identification
Number
(FEIN)
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California.

Dept/Division/Unit
Name Complete
Address
Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name
Complete
Address
Contact Person Nicholas Borges City Manager
Phone number 831-899-6700 [email protected]
Signature
x
Special District
Other (Specify)
Federal
Title
Email Address
Date
Seaside CA 93955
Attachment 1: Government Agency Taxpayer ID Form
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.L.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: May 16, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING AN ON-CALL CONSULTANT

LIST FOR HAZARDOUS MATERIALS INVESTIGATION, WASTE

CHARACTERIZATION, AND REMEDIATION DESIGN AND

INSPECTION SERVICES

RECOMMENDATION
Adopt a Resolution approving the following firms as qualified to provide On-Call Hazardous Materials Investigation, Waste Characterization, and Remediation Design and Inspection Services:

1. Geosyntec Consultants

2. West Environmental Services & Technology, Inc. (WEST)

3. Farallon Consulting, L.L.C.

4. Millennium Consulting Associates

5. Vista Environmental Consulting, Inc.

BACKGROUND
The City is in negotiations for the development of approximately 122 acres of cityowned property on the former Fort Ord known as Campus Town. For the closing of the sale of the property, the City is required to demolish buildings the Army left remaining on the property, to include eight troop barracks, a former chapel, a fast food restaurant, fire station, several single-story administrative buildings and their associated parking lots. The buildings are known to contain hazardous materials that require remediation. To meet our obligations, Engineering staff require the services of hazardous materials consultants to perform the specialized skills of hazardous materials Packet Page 117

Item No. 7.L. Page 2 of 2
investigation, waste characterization and remediation design. Outside of Campus Town, there will be a continued need for these specialized services associated with land development and building improvements planned throughout Seaside over the next several years.

City staff released a Request for Qualifications (RFQ) on March 28, 2024 seeking qualified firms or individuals to provide Hazardous Materials Investigation, Waste Characterization, and Remediation Design and Inspection Services within the City of Seaside. By the April 18, 2024 deadline, the City received Statement of Qualifications (SOQs) from five firms. City staff reviewed the SOQs based upon criteria presented in the RFQ and selected the all five firms as qualified firms to meet the City’s needs:

1. Geosyntec Consultants of Oakland, CA

2. West Environmental Services & Technology, Inc. (WEST) of San Rafael, CA

3. Farallon Consulting, L.L.C. of Oakland, CA

4. Millennium Consulting Associates of Pleasanton, CA

5. Vista Environmental Consulting, Inc. of San Leandro, CA The On-Call list will have a term of three years with the option to issue one-year extensions twice at the discretion of the City Manager. If approved, the on-call consultant(s) may or may not be called upon by the City to provide services. To retain professional services from a consultant, staff would secure a proposal from one or more consultants and then negotiate the scope, schedule, and fee with the selected consultant based upon their hourly fee schedule and the project scope of work. Staff would bring professional services agreements with the selected consultant to the City Council for approval if the contract amount exceeds the authorization of the City Manager.

FISCAL IMPACT
There is no fiscal impact with approval of an On-Call consultant list.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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Meeting Date: 5/16/24
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING AN ON-CALL CONSULTANT LIST FOR HAZARDOUS MATERIALS

INVESTIGATION, WASTE CHARACTERIZATION, AND REMEDIATION DESIGN

AND INSPECTION SERVICES
WHEREAS, Hazardous Materials Investigation, Waste Characterization, and Remediation Design and Inspection Services (Hazardous Materials Consulting Services) include vast array of skills including identification of toxic and hazardous substances, wastes characterization; preparation of reports, preliminary plans, working drawings, and cost estimates for abatement; specifications for remediation and disposal, bidding and construction support; and
WHEREAS, the City of Seaside, on occasion, is in need of consultants who specialize in hazardous materials consulting services; and WHEREAS, on March 28, 2024, the City released a Request for Qualifications for professional services for Hazardous Materials Consulting Services; and WHEREAS, on April 18, 2024, proposals were received from five firms offering Hazardous Materials Consulting Services; and
WHEREAS, City staff reviewed and selected the all five firms: Geosyntec Consultants, West Environmental Services & Technology, Inc. (WEST), Farallon Consulting, L.L.C., Millennium Consulting Associates, and Vista Environmental Consulting, Inc., as qualified to perform these services based on professional qualifications, similar experience and sufficient staffing capabilities to provide service in a timely manner.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve Geosyntec Consultants, West Environmental Services & Technology, Inc. (WEST), Farallon Consulting, L.L.C., Millennium Consulting Associates, and Vista Environmental Consulting, Inc., to provide Hazardous Materials Consulting Services on an as needed basis.

BE IT FURTHER RESOLVED, approval to provide Hazardous Materials Consulting Services is for a period of three (3) years and may be extended at the City Manager’s recommendation for two (2) one-year extensions through May 16, 2029.

Agreements will have a defined scope, schedule and fee arrangements that will be negotiated on a project-by-project basis.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 16th day of May 2024 by the following vote:

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-2
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
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.M.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Laura Calata, Administrative Analyst
DATE: May 16, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACTING CITY

MANAGER TO EXECUTE A USE AGREEMENT WITH THE SEASIDE

AQUATICS CLUB FOR A FIREWORKS BOOTH ON A CITY-OWNED
PARKING LOT LOCATED AT 490 BROADWAY AVENUE

RECOMMENDATION
Approve the request and authorize the Acting City Manager to execute a Use Agreement with the Seaside Aquatics Club. in accordance with the Draft Resolution.

BACKGROUND
The “Seaside Dolphins” have been using the vacant lot, recently designated Municipal Parking Lot 1, located at the southwest corner of Broadway Avenue and Contra Costa Street for their annual fireworks fundraiser for the past three years. The location map is provided as Attachment 2. The site was previously owned by the Coniglio Family Trust.

With the purchase of the site by the City of Seaside in 2022, the applicant is required to receive authorization from the new owner of record. The applicant’s letter of request and supporting non-profit status information is provided as Attachment 3. Prior to conducting firework sales on the project site, the Seaside Dolphins had an extensive record of operating sales elsewhere in the City for over 20 years. There have been no negative comments related to the sale of fireworks by the Seaside Dolphins at the project location or other sites that have been used by the Seaside Dolphins in the City.

The sale of safe and sane fireworks will occur from June 28th through July 5th, 2024.

The site plan of the fireworks sales area is provided as Attachment 4. The fireworks booth will measure approximately 12 feet wide by 20 feet in length. Set-up and breakdown of the event would occur between June 21st and July 7th, 2024.

Additionally, a 12 foot by 20 foot metal storage container would be placed near the Packet Page 121

Item No. 7.M. Page 2 of 2
fireworks booth for the storage of fireworks being sold on-site in accordance with State Law. The sales hours will generally occur between 10 am and 10 pm daily. Site photographs of the Fireworks Sales Area are provided as Attachment 5. The nearest residential properties are located 300 feet to the south and with the residential property being buffered by the Acme Coffee site located between the residential property and the project site. A minimum distance of 30 feet is required for residential use. Prior to receiving a clearance from the Fire Marshall to begin selling, the fireworks vendor would be responsible for providing the required Certificate of Insurance naming the City of Seaside as additional insured for $2,000,000.00 per occurrence and $4,000,000.00 as an aggregate minimum.

FISCAL IMPACT
There is no anticipated fiscal impact on the City of Seaside associated with this License Agreement.

ATTACHMENTS

1. Resolution - Fireworks Booth

2. Location Map

3. Letter of Request

4. Site Plan

5. Site Photographs
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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Meeting Date: 5/16/24
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A

USE AGREEMENT WITH THE SEASIDE AQUATICS CLUB FOR A FIREWORKS BOOTH ON A CITY-OWNED PARKING LOT, LOCATED AT 490 BROADWAY AVE.

WHEREAS, Seaside Aquatics Club, a non-profit organization, filed a request for the placement of a fireworks booth and sales of fireworks at parcel APN 011-302-002, more commonly known as 490 Broadway Avenue; and
WHEREAS, on May 16, 2024, the City Council of the City of Seaside held a public hearing to consider approving the request for the retail sales of fireworks for the Seaside Aquatics Club from June 28th through July 5th, 2024; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute the Use Agreement with Seaside Aquatics Club attached hereto as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 16th day of May, 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 AS TO FORM:
____________________________
Sheri L. Damon, City Attorney
Packet Page 123

EXHIBIT A

USE AGREEMENT
THIS AGREEMENT is entered into this 16th day of May, 2024, by and between the City of Seaside, a municipal corporation, hereinafter referred to as “CITY,” and the Seaside Aquatics Club, a non-profit organization, hereinafter referred to as “TENANT.”

1. PREMISES
The City authorizes the TENANT to use a portion of the land known as Assessor’s Parcel Number 011-301- 002, located at 490 Broadway Avenue, hereafter the “PREMISES” as shown on the attached site plan (Attachment 1).

2. TERM OF AGREEMENT
The parties hereto agree that the TENANT shall have exclusive use of the PREMISES from June 28 to July 5, 2024. TENANT may make use of onsite parking not included as part of the PREMISES, provided that said use is non-exclusive and shall be upon the same terms and conditions applicable to the general public.

3. INSURANCE
The TENANT shall procure and maintain, at its own cost and expense, an insurance policy acceptable to the CITY, in the minimum amount of two million dollars ($2,000,000.00) per occurrence and four million dollars ($4,000,000.00) as an aggregate, insuring the TENANT and the CITY against any and all liabilities arising from the use of the PREMISES as set forth in this Agreement. The TENANT shall provide the CITY with a certificate of insurance reflecting the terms of this Paragraph. The TENANT shall maintain said insurance in full force and effect throughout the entire term of this Agreement.

4. INDEMNITY
In consideration of this Use Agreement issued by the CITY to allow the TENANT to use the PREMISES for the sales of fireworks, the TENANT hereby agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs including litigation costs and attorney’s fees from every cause, including but not limited to injury to person(s) or property or wrongful death arising directly or indirectly out of any act or omission of the TENANT or its agents, officers, and employees or volunteers resulting or alleged to have resulted, directly or indirectly, wholly or partially, from the TENANT’S aforementioned use of the property. In addition, the TENANT agrees to waive subrogation rights for any Workers’ Compensation related injuries. The CITY make no warranty as to the suitability of the property for the aforementioned use of the property. Therefore, the TENANT has a duty to inspect the site for potential hazards; correct any hazards discovered and warn participants of any potential for hazards.

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5. CONDITIONS OF USE
Use of said PREMISES is subject to the following terms and conditions:
(a) All temporary signs, banners, fencing and other materials used in connection with the Fireworks sales shall remain within the boundaries of the PREMISES and not encroach into a public right-of-way.
(b) The subject property shall be cleared of all litter and Fireworks merchandise refuse materials at least once a day throughout the approved event. The subject property shall be completely cleared of litter and ancillary equipment at the end of the event. (c) Prior to beginning Fireworks sales, the TENANT must receive approval of a final inspection with the Fire Marshal.
(d) Prior to installation of any temporary lights, the TENANT shall obtain approval of any and all required building permits, including electrical permits, prior to installation. (e) Tenant shall operate so that the maximum feasible number of onsite parking stalls remain accessible to the public. No structure shall be located outside of the PREMISES.

6. UTILITIES
The TENANT shall be solely responsible for all utilities furnished to said PREMISES.

7. RESPONSIBILITY FOR PREMISES
The TENANT shall quit and surrender the PREMISES following termination of use under this Agreement in as good a state and condition as they were at the commencement of such use, reasonable wear and tear thereof and damages by the elements accepted. The TENANT also agrees that if said PREMISES are damaged during the terms of this Agreement, by the act, default, or negligence of the TENANT, its officers, agents, employees, guests, patrons, or any person or persons permitted onto said PREMISES by the TENANT, the TENANT shall pay to the CITY upon demand such sum as shall be necessary to restore said PREMISES to the condition they were in at the commencement of use pursuant to this Agreement.

8. COMPLIANCE WITH LAWS
The TENANT shall comply with all laws, statutes, ordinances, rules or regulations of the United States, the State of California, the City of Seaside and any department or agency thereof, including such regulations now in force or to be established pertaining to the use of the PREMISES.

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9. TERMINATION
The CITY and the TENANT specifically agree that any default by the TENANT shall be an immediate breach and the CITY shall have an immediate right to terminate this Agreement upon twenty-four (24) hours written notice to the TENANT.

10. LEGAL ACTION
Should either party to this Agreement bring legal action against the other, the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fees which shall be fixed by the judge hearing the case and such fee shall be included in the judgment, together with all costs.

11. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the TENANT and the CITY. No term, provision or condition of this Agreement may be altered or amended, nor may any term, provision or condition be added to this Agreement, except by a written amendment be executed by both the TENANT and the CITY.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the 18th day of May, 2023.

City of Seaside Tenant (Non-Profit Group)
Seaside Aquatics Club
Nicholas Borges, ACTING CITY MANAGER (Name of Organization) Print Name/Title
Signature
ATTACHMENT:

1. Attachment 1- Site Plan
Packet Page 126
Attachment 1
Site Plan
Storage
Container
Fireworks
Booth
Key:

PREMISES
Packet Page 127
Attachment 2
Location Map
Project Site: 490 Broadway Avenue
Project site
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Attachment 4
Project Site: 490 Broadway Avenue
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Attachment 5
Site Photos
View from corner of Contra Costa Street and Broadway Avenue View from Contra Costa Street
Location of
Fireworks Booth
Location of
Fireworks Booth
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.N.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Laura Calata, Administrative Analyst
DATE: May 16, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACTING CITY

MANAGER TO EXECUTE A USE AGREEMENT WITH THE VILLAGE
PROJECT INC. FOR A FIREWORKS BOOTH ON A CITY-OWNED
PROPERTY LOCATED AT 1271 CANYON DEL REY BOULEVARD

RECOMMENDATION
Approve the request and authorize the Acting City Manager to execute a Use Agreement with The Village Project Inc. in accordance with the Draft Resolution.

BACKGROUND
The Village Project Inc. had been using the Home Deport parking lot at 1590 Canyon Del Rey Boulevard for their annual fireworks fundraiser for many years and will no longer be able to operate at that location. The Village Project Inc. is requesting to use a portion of city owned property at 1271 Canyon Del Rey Boulevard. City Council approved the purchase of 1271 Canyon Del Rey Boulevard during the December 21, 2022 Council Meeting and has since acquired the property. With the purchase of the site by the City of Seaside in 2022, the applicant is required to receive authorization from the owner of record. The applicant’s letter of request and supporting non-profit status information is provided as Attachment 3. The Village Project has an extensive record of operating sales with no negative comments related to their sale of fireworks.

The sale of safe and sane fireworks will occur from June 28th through July 5th, 2024.

The site plan of the fireworks sales area is provided as Attachment 4. The fireworks booth will measure approximately 12 feet wide by 20 feet in length. Set-up and breakdown of the event would occur between June 21st and July 7th, 2024.

Additionally, a 12 foot by 20 foot metal storage container would be placed near the fireworks booth for the storage of fireworks being sold on-site in accordance with State Packet Page 136

Item No. 7.N. Page 2 of 2
Law. The sales hours will generally occur between 10 am and 10 pm daily. Site photographs of the Fireworks Sales Area are provided as Attachment 5. The nearest residential properties are located 60 feet to the east with the residential property being buffered by four lanes of Canyon Del Rey Boulevard. A minimum distance of 30 feet is required for residential use. Prior to receiving a clearance from the Fire Marshall to begin selling, the fireworks vendor would be responsible for providing the required Certificate of Insurance naming the City of Seaside as additional insured for $2,000,000.00 per occurrence and $4,000,000.00 as an aggregate minimum.

FISCAL IMPACT
There is no anticipated fiscal impact on the City of Seaside associated with this License Agreement.

ATTACHMENTS

1. Resolution - Fireworks Booth

2. Location Map

3. Letter of Request

4. Site Plan

5. Site Photographs
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 137
Meeting Date: 5/16/24
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO
EXECUTE A USE AGREEMENT WITH THE VILLAGE PROJECT INC. FOR A FIREWORKS BOOTH ON A CITY-OWNED PROPERTY LOCATED AT 1271

CANYON DEL REY BOULEVARD
WHEREAS, The Village Project, Inc., a non-profit organization , filed a request for the placement of a fireworks booth and sales of fireworks at a portion of parcel APNs 011-371-005 and 011-371-022, more commonly known as 1271 Canyon del Rey Boulevard; and
WHEREAS, on May 16, 2024, the City Council of the City of Seaside held a public hearing to consider approving the request for the retail sales of fireworks for The Village Project Inc. from June 28th through July 5th, 2024; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the Acting City Manager to execute the Use Agreement with The Village Project Inc. attached hereto as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 16th day of May, 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 AS TO FORM:
____________________________
Sheri L. Damon, City Attorney
Packet Page 138

EXHIBIT A

USE AGREEMENT
THIS AGREEMENT is entered into this 16th day of May, 2024, by and between the City of Seaside, a municipal corporation, hereinafter referred to as “CITY” and The Village Project Inc., a non-profit organization, hereinafter referred to as “TENANT.”

1. PREMISES
The CITY authorizes the TENANT to use a portion of the land known as Assessor’s Parcel Numbers 011-371-005 and 011-371-022, located at 1271 Canyon del Rey Boulevard, hereafter the “PREMISES” shown on the attached site plan (Attachment 1).

2. TERM OF AGREEMENT
The parties hereto agree that the TENANT shall have exclusive use of the PREMISES herein described from June 28 to July 5, 2024.

3. INSURANCE
The TENANT shall procure and maintain, at its own cost and expense, an insurance policy acceptable to the CITY, in the minimum amount of two million dollars ($2,000,000.00) per occurrence and four million dollars ($4,000,000.00) as an aggregate, insuring the TENANT and the CITY against any and all liabilities arising from the use of the PREMISES as set forth in this Agreement. The TENANT shall provide the CITY with a certificate of insurance reflecting the terms of this Paragraph. The TENANT shall maintain said insurance in full force and effect throughout the entire term of this Agreement.

4. INDEMNITY
In consideration of this Use Agreement issued by the CITY to allow the tenant to use the PREMISES for the sales of fireworks, the TENANT hereby agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs including litigation costs and attorney’s fees from every cause, including but not limited to injury to person(s) or property or wrongful death arising directly or indirectly out of any act or omission of the TENANT or its agents, officers, and employees or volunteers resulting or alleged to have resulted, directly or indirectly, wholly or partially, from the TENANT’S aforementioned use of the property. In addition, the TENANT agrees to waive subrogation rights for any Workers’ Compensation related injuries. The CITY make no warranty as to the suitability of the property for the aforementioned use of the property. Therefore, the TENANT has a Packet Page 139
duty to inspect the site for potential hazards; correct any hazards discovered and warn participants of any potential for hazards.

5. CONDITIONS OF USE
Use of said PREMISES is subject to the following terms and conditions:
(a) All temporary signs, banners, fencing and other materials used in connection with the Fireworks sales shall remain within the boundaries of the PREMISES and not encroach into a public right-of-way.
(b) The subject property shall be cleared of all litter and Fireworks merchandise refuse materials at least once a day throughout the approved event. The subject property shall be completely cleared of litter and ancillary equipment at the end of the event.
(c) Prior to beginning Fireworks sales, the TENANT must receive approval of a final inspection with the Fire Marshal.
(d) Prior to installation of any temporary lights, the TENANT shall obtain approval of any and all required building permits, including electrical permits, prior to installation.

6. UTILITIES
The TENANT shall be solely responsible for all utilities furnished to said PREMISES.

7. RESPONSIBILITY FOR PREMISES
The TENANT shall quit and surrender the PREMISES following termination of use under this Agreement in as good a state and condition as they were at the commencement of such use, reasonable wear and tear thereof and damages by the elements accepted. The TENANT also agrees that if said PREMISES are damaged during the terms of this Agreement, by the act, default, or negligence of the TENANT, its officers, agents, employees, guests, patrons, or any person or persons permitted onto said PREMISES by the TENANT, the TENANT shall pay to the CITY upon demand such sum as shall be necessary to restore said PREMISES to the condition they were in at the commencement of use pursuant to this Agreement.

8. COMPLIANCE WITH LAWS
The TENANT shall comply with all laws, statutes, ordinances, rules or regulations of the United States, the State of California, the City of Seaside and any department or agency thereof, including such regulations now in force or to be established pertaining to the use of the PREMISES.

Packet Page 140

9. TERMINATION
The CITY and the TENANT specifically agree that any default by the TENANT shall be an immediate breach and the CITY shall have an immediate right to terminate this Agreement upon twenty-four (24) hours written notice to the TENANT.

10. LEGAL ACTION
Should either party to this Agreement bring legal action against the other, the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fees which shall be fixed by the judge hearing the case and such fee shall be included in the judgment, together with all costs.

11. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the TENANT and the CITY. No term, provision or condition of this Agreement may be altered or amended, nor may any term, provision or condition be added to this Agreement, except by a written amendment be executed by both the TENANT and the CITY.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the 16th day of May, 2024.

City of Seaside Tenant (Non-Profit Group)
The Village Project, Inc.

Nicholas Borges, ACTING CITY MANAGER (Name of Organization) Print Name/Title
Signature
ATTACHMENT:

1. Attachment 1- Site Plan
Packet Page 141
Attachment 1
Site Plan
Fireworks
Booth
Storage
Container
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Attachment 2
Location Map
Project Site: 1271 Canton Del Rey Boulevard
Project site
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Fireworks
Booth
Storage
Container
Project Site: 1271 Canyon Del Rey Boulevard
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Attachment 5
Site Photos
Location of
Fireworks Booth
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.O.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Samantha Alcaraz, Acting Human Resources Director
DATE: May 16, 2024
SUBJECT: ADOPT A RESOLUTION CREATING THE POSITION OF

INFORMATION TECHNOLOGY DIRECTOR, AMENDING THE
FISCAL YEAR 2023-24 BUDGET AND MODIFYING THE

POSITION ALLOCATION LIST TO REFLECT ORGANIZATIONAL

CHANGES

RECOMMENDATION
Adopt a resolution creating the position of Information Technology Director, amending the fiscal year 2023-24 fund budget and modifying the position allocation list to reflect organizational changes. This action does not delete the Information Services Manager from the classification plan.

BACKGROUND
After a comprehensive review of the Information Technology Department, it has been determined that a more effective use of personnel will result from a realignment of the Executive Management Division. After considering historical norms, current opportunities, and future demands, it is believed to be advantageous to create this position towards achieving the Strategic Planning goal, and create a succession plan for each department. This restructure includes a recommendation to reclassify the Information Services Manager to Information Technology Director and individualize its own Department under the direction of the City Manager. This position and salary is not currently on the City's position control list. It is requested the City Council approve the updated Classification Plan and Position Allocation List and its established salary to be reflected in the Mid-year Budget Adjustment.

This classification will be an At-Will, FLSA exempt position assigned to the Department Director Compensation Plan and will be paid $204,511.84 per year, which is equivalent Packet Page 149

Item No. 7.O. Page 2 of 2
to the Human Resources Director/Risk Manager.

FISCAL IMPACT
The fiscal impact for the remainder of the current fiscal year FY2023-24, is $7,585.00.

Upon approval of this resolution, it will authorize the Finance Director to make adjustments to the fiscal year 2023-24 budget to include the additional cost for the remainder of the year for this reclassification.

ATTACHMENTS

1. IT Director Job Description

2. IT Director Resolution

3. IT Director Salary Survey_2024
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 150
MAY 2024
FLSA: EXEMPT

INFORMATION TECHNOLOGY DIRECTOR

DEFINITION
Identifies, plans, organizes, and manages a portfolio of assigned information technology projects; works under the direction of the City Manager in developing and implementing short- and longterm strategies to meet the City's information technology infrastructure, systems, telecommunications, software, and hardware needs; manages the development and maintenance of information technology customer service program; manages the effective use of assigned resources to improve organizational productivity and customer service; provides complex and responsible support to the City Manager and Department Heads in areas of expertise; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager. The work provides for a wide variety of independent decision-making, within legal and general policy and regulatory guidelines. Exercises direction and supervision over professional, technical, and administrative support staff either directly or through subordinate levels of supervision.

CLASS CHARACTERISTICS
This is an executive management position, and a member of the City’s Leadership team.

This classification oversees, directs, and participates in all activities of the Information Technology Department, including short- and long-term planning, the day-to-day computer hardware, software, networks, telecommunications, and other information and communications systems operations and maintenance. Responsibilities include performing diverse, specialized, and complex work involving significant accountability and decision-making responsibility. Successful performance of the work requires a professional background as well as skill in coordinating departmental work with that of other departments and outside agencies. This position has overall responsibility for all functions of the Information Technology Department and for developing, implementing, and interpreting public policy.

EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
➢ Plans, manages, and oversees the daily functions, operations, and activities of the Information Technology Department, including the installation, maintenance, and upgrade of the local area network, required hardware
➢ Manages the development, administration, and oversight of department budget.

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Information Technology Director

➢ Develops and standardizes procedures and methods to improve and continuously monitor the efficiency and effectiveness of assigned programs; service delivery methods, and procedures; assess and monitors workload, administrative, support systems, and internal reporting relationships; identifies opportunities for improvement.
➢ Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the department; establishes, within City policy, appropriate budget, service, and staffing levels.
➢ Plans, directs, and coordinates the Information Technology Department's work plan; meets with management staff to identify and resolve problems; assigns projects and programmatic areas of responsibility; reviews and evaluates work methods and procedures. ➢ Manages and participates in the development and administration of the department’s annual budget; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies; directs the monitoring of and approves expenditures; directs and implements adjustments as necessary.
➢ Selects, trains, motivates, and directs department personnel; evaluates and reviews work for acceptability and conformance with department standards, including program and project priorities and performance evaluations; works with employees on performance issues; implements discipline and termination procedures; responds to staff questions and concerns. ➢ Contributes to the overall quality of the department’s service by developing, reviewing, and implementing policies and procedures to meet legal requirements and City needs; continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors the distribution of work, support systems, and internal reporting relationships; identifies opportunities for improvement; directs the implementation of change. ➢ Represents the Information Technology Department to other City departments, elected officials, and outside agencies; explains and interprets departmental programs, policies, and activities. ➢ Conducts a variety of departmental organizational and operational studies and investigations; recommends modifications to programs, policies, and procedures as appropriate. ➢ Makes presentations to the City Council, Successor Agency Board, and a variety of other boards and commissions if needed; attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of Information Technology Development and other services as they relate to the area of assignment.
➢ Maintains and directs the maintenance of working and official departmental systems. ➢ Monitors changes in laws, regulations, and technology that may affect City or departmental operations; implements policy and procedural changes as required. ➢ Prepares, reviews, and presents staff reports, various management and information updates, and reports on special projects as assigned by the City Manager. ➢ Responds to difficult and sensitive public inquiries and complaints and assists with resolutions and alternative recommendations.
➢ Performs other duties as assigned.

QUALIFICATIONS
Knowledge of:
➢ Administrative principles and practices, including goal setting, program development, implementation, and evaluation and supervision of staff either directly or through subordinate levels of supervision.

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Information Technology Director

➢ Organizational and management practices as applied to the analysis and evaluation of projects, programs, policies, procedures, and operational needs; principles and practices of municipal government administration.
➢ Public agency budgetary, contract administration, administrative practices, and general principles of risk management related to the functions of the assigned area. ➢ Principles and practices of technology development functions. ➢ Federal and State regulations and guidelines pertinent to the areas of responsibility. ➢ Basic terminology, methods, techniques and practices of the operation and maintenance of computer servers, network systems, and personal computer hardware and software. ➢ Applicable Federal, State, and local laws, codes, and regulations. ➢ Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures. ➢ Technical, legal, financial, and public relations issues associated with the administration of technological programs.
➢ Methods and techniques for the development of presentations, contract negotiations, business correspondence, and information distribution; research and reporting methods, techniques, and procedures.
➢ Record keeping principles and procedures.
➢ Modern office practices, methods, financial programs, and computer equipment and applications related to the work.
➢ Hardware and software characteristics of various computer systems and a general understanding of system features and their integration capabilities.
➢ Systems design and development process, including requirements analysis, feasibility studies, software design, programming, beta testing, installation, evaluation, and operational management. ➢ English usage, grammar, spelling, vocabulary, and punctuation. ➢ Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations. ➢ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Ability to:
➢ Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for the department and assigned program areas.
➢ Provide administrative and professional leadership and direction for the department and the City. ➢ Prepare and administer large and complex budgets; allocate limited resources in a cost effective manner.
➢ Interpret, apply, and ensure compliance with Federal, State, and local policies, procedures, laws, and regulations.
➢ Plan, organize, direct, and coordinate the work of management, supervisory, professional, and technical personnel; delegate authority and responsibility; select, motivate, and evaluate the work of staff and train staff in work procedures.
➢ Research, analyze, and evaluate new service delivery methods, procedures, and techniques. ➢ Effectively administer special projects with contractual agreements and ensure compliance with stipulations; effectively administer a variety of administrative services programs and administrative activities.
➢ Prepare clear and concise reports, correspondence, policies, procedures, and other written materials. ➢ Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.

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Information Technology Director

➢ Establish and maintain a variety of filing, record-keeping, and tracking systems. ➢ Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. ➢ Operate modern office equipment including computer equipment and specialized software applications programs.
➢ Use English effectively to communicate in person, over the telephone, and in writing. ➢ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
➢ Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Graduation from an accredited four-year college or university with major coursework in in management information systems, computer science, or a related field and seven (7) years of progressively responsible experience in application analysis, system design and development, and Information Technology management.

Licenses and Certifications:
➢ Possession of a valid California Driver’s License and acceptable driving record is required.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, as well as to work in the field to inspect sites; to operate a motor vehicle and to visit various County and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups and over the telephone. This is partially a sedentary office, partially a field classification, and standing in and walking between work areas may be required. Finger dexterity is needed to access, enter and retrieve data using a computer keyboard, typewriter keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.

ENVIRONMENTAL ELEMENTS
Employees partially work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to potentially hazardous physical substances. Employees also work in the field and may be exposed to hot and cold temperatures, inclement weather conditions, loud noise levels, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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Meeting Date: 5/16/24
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE MODIFICATION OF THE CLASSIFICATION PLAN AND

POSITION ALLOCATION LIST TO ADD ONE INFORMATION TECHNOLOGY

DIRECTOR
WHEREAS, the full-time Classification Plan and Position Control list may be amended upon recommendation of the City Manager and approval by the City Council; and
WHEREAS, in order to provide greater efficiency in the operation of the City and enhance service levels, the job classification and realignment has been prepared; and WHEREAS, there is a need to remove the Information Technology Department from the Finance Division; and
WHEREAS, the Information Technology Director will be an at-will position, assigned to the Department Director Compensation Plan and paid a top step annual salary of $204,511.84 annually, which in accordance to the Compensation Plan, this position will receive a 3.1% Equity increase at its scheduled date, which is equivalent to Human Resources Director/Risk Manager; and
WHEREAS, the Position Allocation List will be modified to:

1. Delete Information Services Manager from the Confidential Exempt Group;

2. Remove the Information Technology Department from Finance Division;

3. Add one Information Technology Director to the Department Director classification plan and direction of the City Manager.

WHEREAS, the Finance Department is authorized to make any budget adjustments that are necessary because of this change.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby approve modifying the Classification Plan and modifying the Position Allocation List to reflect organizational changes as proposed.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 16th day of May 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:
_______________________________
Ian N. Oglesby, Mayor
Packet Page 155
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 156
Packet Page 157

CITY OF SEASIDE

STAFF REPORT
Item No.: 7.P.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dominique Davis, City Clerk
DATE: May 16, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING THE REMOTE MEETING

PARTICIPATION POLICY AND REINSTATING THE ACCEPTANCE

OF PUBLIC COMMENT VIA VIRTUAL TELE-CONFERNCING
PLATFORM (CURRENTLY ZOOM) EFFECTIVE JUNE 6, 2024

RECOMMENDATION
Adopt a resolution approving the remote meeting participation policy and reinstating the use of Zoom for public comments.

BACKGROUND
The City Council recognizes the importance of public engagement in local government.

At its May 2, 2024, regular meeting, the City Council reviewed and provided feedback on the draft remote meeting participation policy. The feedback is incorporated into the revised version attached, and responds to the request of the City Council for the establishment of a policy to accompany the return of allowing public comment via zoom. The policy aims to ensure public access is available virtually to the City Council meetings, and the public meetings of its Boards, Commissions and Committees and is a commitment to addressing and preventing hate speech and other disruptive behaviors.

Restoring the ability to make public comment through zoom, has the benefit of increased accessibility for those who cannot attend meetings in person due to distance, disability, or scheduling conflicts; encourages broader public participation in local government; and provides a convenient alternative for public comment. With approval and adoption of the resolution and policy, public comments are slated to be reinstated at the City Council's June 6, 2024, regular meeting.

The remote option complements the existing in-person attendance and public comment Packet Page 158

Item No. 7.P. Page 2 of 2
process.

Policy Overview
Access: Meeting links and access codes will be included in the public meeting agenda at least 72 hours prior to regular meetings and 24 hours before special meetings.

Participants can join via computer, tablet, or phone.

Testing: The City encourages participants to test their Zoom connection beforehand, but technical assistance won't be available during meetings.

Public Comment Procedures: Participants will be muted upon joining. During designated comment periods, the City Clerk will un-mute speakers in the order they joined the queue. Each speaker will have 3 minutes (or a designated time) to comment. The Mayor and City Clerk can mute or remove disruptive participants.

Comment Guidelines: Comments must be respectful, relevant to the agenda item, and avoid personal attacks, threats, or hateful speech. The City reserves the right to enforce these guidelines using a "Stop/Mute-Warn-Second Chance-Eject" process aligned with SB1100 amendments to the Brown Act.

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution

2. FINAL Zoom Remote Participation Policy
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 159
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING THE REMOTE MEETING PARTICIPATION POLICY
WHEREAS, the City Council of the City of Seaside recognizes the importance of public engagement in local government; and WHEREAS, on May 2, 2024, the City Council established a “Remote Meeting Participation Policy for Public Comment via Video Tele-conferencing Technology” policy (hereinafter referred to as “policy”) to accompany the return of allowing public comment via video teleconferencing technology (currently Zoom); and
WHEREAS, the policy is to ensure public access is available virtually to City Council meetings, and the public meetings of its Boards, Commissions and Committees; and
WHEREAS, this policy is a commitment to addressing and preventing hate speech and other disruptive behaviors; and
WHEREAS, restoring the ability to make public comment through Zoom has the benefit of increased accessibility, encourages broader public participation, and provides a convenient alternative for public comment; and WHEREAS, the remote option complements the existing in-person attendance and public comment process.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seaside as follows:

Section 1. Adoption of Remote Meeting Participation Policy.

The City Council hereby adopts the Remote Meeting Participation Policy, as attached hereto and incorporated herein by reference, to govern public participation in City Council meetings, and the public meetings of its Boards, Commissions and Committees, conducted remotely via Zoom.

Section 2. Severability.

If any provision of this Resolution or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

Meeting Date: 05/16/24
Item #: X.X.

Packet Page 160
Section 3. Effective Date.

This Resolution shall take effect at the next regular meeting of the City Council on June 6, 2024, upon its passage and adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on this 16th day of May 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 AS TO FORM:

_________________________
Sheri L. Damon, City Attorney
Packet Page 161
1 POLICY GOVERNING REMOTE MEETING

PARTICIPATION POLICY FOR PUBLIC COMMENT

VIA VIDEO TELECONFERENCING TECHNOLOGY
The Seaside City Council recognizes the importance of public participation in the local government process. This policy outlines the procedures for providing public comment remotely via video teleconferencing technology during public meetings.

PRINCIPLES OF USE
The City Council, and its Boards, Commissions and Committees holds its public meetings in person, with a virtual option through video conferencing technology (currently Zoom).

Zoom tele-conferencing technology can be utilized for virtual public participation; however, it’s important to note that the City of Seaside makes no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner.

Participation by members of public through this means is at their own risk.

The City of Seaside reserves the right to refuse, limit, and/or revoke use of video conferencing technology and the option for virtual public participation. Granting use of the virtual participation in no way constitutes an endorsement of any person or group to display hateful conduct, including sending or posting hateful images, making violent threats, or targeting others with hateful or abusive speech. The City may remove any participate that violates its agreement or applicable policy with proper notice as outlined in the conditions of use/meeting access.

Within this policy also includes a code of conduct for meetings that encourages participants to be considerate, respectful, and collaborative.

CONDITIONS OF USE/MEETING ACCESS
The Zoom meeting link and any access codes will be included in the public meeting agenda posted on the City’s website at least 72 hours prior to a regular meeting, and/or 24 hours prior to a special meeting. Participants may join the meeting via computer, tablet, or phone. The City encourages participants to test their Zoom connection prior to the meeting.

Testing and technical assistance is not available for virtual meeting participants.

PUBLIC COMMENT PROCEDURES
• Participants will be muted upon joining the meeting.
• During the designated public comment period for each agenda item, the Mayor (or Chair or designee) will unmute participants wishing to speak in the order they joined the queue. • Participants will be called upon by name, username, number or as designated by the clerk.

Packet Page 162
2 • Each speaker will be allotted three (3:00) minutes to deliver their comment, or for a time determined by the Mayor (or Chair or designee).
• The Mayor, and City Clerk (or Chair or designee) will have the authority to mute or remove participants who violate these procedures or disrupt the meeting.

COMMENT GUIDELINES
• Comments should be respectful and relevant to the agenda item being discussed. • Personal attacks on any individual will not be tolerated. • Threats, including threats of violence, shall not be tolerated. • Derogatory racial, sexual, ethnic, and similar slurs shall not be tolerated. • No person attending a public meeting shall engage in disorderly or boisterous conduct, including, but not limited to applause, whistling, stamping of feet, booing, or other loud noises.
• If a sign, placard, banner, and/or other similar item disturbs, disrupts, or other otherwise impedes the orderly conduct of a City Council, or its Board, Commission or Committee meeting, it shall not be permitted.
• Comments exceeding the time limit may be cut short.
• If any person or group to display hateful conduct, including sending or posting hateful images, making violent threats, or targeting others with hateful or abusive speech, the City Council, and its Boards, Commissions and Committees will employ the "Stop/Mute-WarnSecond Chance-Eject" process. o Implementing the process would be in accordance with the SB1100 amendments to the Brown Act. These were based upon research about the City Council meeting being a "designated public forum" (i.e. designated for speech only on matters within the subject-matter jurisdiction of the City), which allows reasonable time, place and manner regulations set to achieve a significant public purpose and a review of other agencies "public decorum rules and regulations". Potential Rules for Public Comment (Zoom and In-Person)
"STOP/MUTE-WARN-SECOND CHANCE-EJECT" PROCESS

1. Stop/mute participant

2. Warn [must be specific what’s disruptive/not allowed]

3. Second chance – participant is provided another opportunity to conduct themselves appropriately

4. Eject/remove from meeting if disruption continues

ALTERNATIVES TO REMOTE PUBLIC COMMENT
Written comments may be submitted electronically via email as detailed on the agenda or by mail to the City Clerk’s Office, 440 Harcourt Avenue, Seaside, CA 93955 prior to the meeting.

Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments will be included in the official record of the meeting.

Packet Page 163
3 During the Meeting via Oral Comments: When the Mayor (or Chair or designee) calls for public comment, members of the public participating in person and wishing to address the City Council may approach the podium when public comment is opened.

RECORDING AND ARCHIVING
When available, the City Council, and its Board, Commission and Committee meetings are routinely recorded and archived on the City’s YouTube Channel. Recordings will include remote public comments. The adopted meeting minutes serves as the final and official record of meeting action.

DISCLAIMER
The City Council reserves the right to modify this policy at any time.

For More Information:

Please contact the City Clerk’s Office at 831-899-6707 or [email protected] Revised: May 2, 2024
Packet Page 164

CITY OF SEASIDE

STAFF REPORT
Item No.: 7.Q.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dominique Davis, City Clerk
DATE: May 16, 2024
SUBJECT: ADOPT A RESOLUTION CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5,
2024, FOR THE SUBMISSION TO THE QUALIFIED VOTERS A
QUESTION “SHALL THE TERM OF OFFICE FOR MAYOR BE FOUR
YEARS?” COMMENCING WITH THE 2026 GENERAL MUNICIPAL

ELECTION

RECOMMENDATION
Adopt a resolution placing the question on the November 5, 2024, general election ballot.

BACKGROUND
At the April 4 City Council meeting, during public comment, it was requested that the City Council consider a ballot question to pose to the voters regarding changing the position of Mayor's term to 4 years, instead of 2 years.

At its April 18 meeting, in response to Mayor Pro-Tem/Vice-Chair Pacheco’s request, the City Council agreed to add the item to the agenda. Based on directions given, the Elections Official was tasked with presenting proposed ballot question measures for the November 5, 2024, general election.

On May 2, 2024, the Council considered and voted 5-0, to move forward with placing a question on the ballot regarding the length of the position of mayor to four years.

In California, the city council can submit whether the mayor should serve a two-year or four-year term to the electors at a general municipal election or a special election. In accordance with the Government Code 34900, at any general municipal election, or at a special election held for that purpose, the city council may submit to the electors Packet Page 165

Item No. 7.Q. Page 2 of 2
whether electors shall thereafter elect a mayor and four city council members, and whether the mayor shall serve a two-year or four-year term.

In accordance with Government Code 34901, the question that shall be printed on the ballots as it relates to the term of office of mayor, must appear in the following form:
"Shall the term of office of mayor be four years?" The words "Yes" and "No" and "two years" and "four years" shall be so printed on the ballots that the voters may express their choice. The term of office of mayor shall be determined by a majority vote.

In accordance with Government Section 34902, if a majority of the votes cast on the proposition is for it then the term length would go into effect at the next succeeding general municipal election. For the mayoral seat in Seaside, the mayoral candidates would be running for a 4-year term in 2026.

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 166
Meeting Date: 5/16/24
Item #: X.X.

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 QUESTION “SHALL THE TERM OF OFFICE FOR MAYOR BE FOUR YEARS?” COMMENCING WITH THE 2026

GENERAL MUNICIPAL ELECTION
WHEREAS, the City Council of the City of Seaside, California desires to submit to the voters at a General Municipal Election a question, “Shall the term of office of mayor be four years”; and
WHEREAS, the City Council is authorized by statute, including Government Code 34900, to submit the question 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 ballot question:

YES
Shall the term of office for Mayor be four years?
NO
SECTION 2. That the commencement of this action would occur with the 2026 general municipal election and the area within which it will apply is attached as Exhibit A.

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.

Packet Page 167
Meeting Date: 5/16/24
Item #: X.X.

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) is August 9, 2024, and impartial analysis shall be no later than August 15, 2024. The last day for the submission of rebuttal arguments (250 words) is August 22, 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.

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.

Packet Page 168
Meeting Date: 5/16/24
Item #: X.X.

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 16th day of May 2024. _____________________
Ian N. Oglesby, Mayor
ATTEST:
_______________________________
Dominique L. Davis, Elections Official
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 169

CITY OF SEASIDE

STAFF REPORT
Item No.: 7.R.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: May 16, 2024
SUBJECT: REVIEW AND TAKE ACTION ON THE TRAFFIC ADVISORY COMMITTEE RECOMMENDATION FOR 2 HOUR PARKING IN
FRONT OF 1424-1444 FREMONT BOULEVARD

RECOMMENDATION
Consider the Traffic Advisory Committee's recommendation to remove existing 20 minute parking signs and replace them with 2 hour parking signs in front of 1424 through 1444 Fremont Boulevard.

BACKGROUND
Mr. Arturo Cardenas requested to replace the 20-minute parking signs with 2 hour parking signs in front of 1424 - 1444 Fremont Boulevard. Customers of the businesses at those addresses often park longer than 20 minutes to shop and conduct business.

There are four businesses and a vacant lot along the east side of Fremont Boulevard between Sonoma Avenue and Amador Avenue. The businesses include a retail boot shop, an income tax services business, a custom embroidery shop, and a liquor store.

The curb is painted green along the entire frontage of this block. The Public Works maintenance crew recently installed four 20-minute parking signs. The twenty-minute parking designation along this block was approved in 1998. At that time, the curb was painted green without the 20-minute parking signs. The Seaside Municipal Code (SMC

10.35.240) defines green curb markings to mean "no standing or parking for longer than twenty minutes at any time between 8 AM and 6 PM of any day except Sundays and holidays."
Fremont Boulevard is within the Central Traffic District (SMC 10.04.05). The Central Packet Page 170

Item No. 7.R. Page 2 of 2
Traffic District allows 2 hour parking designations per SCM 10.32.010 as follows: "when authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicles between the hours of eight a.m. and six p.m. of any day except Sundays and holidays for a period longer than two hours". This allows the City to time restrict parking in this area for 2 hours.

The Traffic Advisory Committee recommends replacing three 20-minute parking signs with 2 hour parking signs along the frontage of 1424 through 1444 Fremont Boulevard.

Green curb markings and a 20-minute parking sign will remain along the frontage of the vacant lot and liquor store.

FISCAL IMPACT
The cost for installation of the 2-hour signs and graying out the green curb will be borne by the applicant. The work is estimated to cost $1,500.

ATTACHMENTS

1. Aerial & Street views

2. TAC Application
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 171
20 Minute Parking signs
1400 Block of Fremont Boulevard
East side of the street between Amador Avenue and Sonoma Avenue Existing conditions
Packet Page 172
Aerial View
Packet Page 173
Packet Page 174
Packet Page 175

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.A.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: May 16, 2024
SUBJECT: GENERAL PLAN AMENDMENT GPA-24-01: AN AMENDMENT TO

THE GENERAL PLAN OF THE CITY OF SEASIDE TO REPEAL AND

REPLACE THE ENTIRETY OF THE GENERAL PLAN, EXCLUDING

THE HOUSING ELEMENT, WITH A NEW GENERAL PLAN,
ENTITLED SEASIDE 2040; AND CERTIFYING AN

ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE

PROJECT

RECOMMENDATION
Staff recommends that the City Council do the following:
1) Adopt the attached Resolution certifying the Final Environmental Impact Report for the Seaside 2040 General Plan Update Project, making California Environmental Quality Act Findings, and adopting a Mitigation Monitoring and Reporting Program; and then 2) Adopt the attached Resolution amending the Seaside General Plan to repeal and replace the entirety of the Seaside General Plan, excluding the Housing Element, with a new General Plan entitled Seaside 2040.

BACKGROUND
Overview
In 2015, the City began the process of creating a comprehensive General Plan Update, intended to provide a vision for the City through 2040. The update process includes a comprehensive update of the General Plan and preparation of an Environmental Impact Report (EIR). Extensive public outreach occurred in the preparation of this document.

Packet Page 176

Item No. 8.A. Page 2 of 10
The effort was put on hold during the COVID-19 pandemic, and was reinitiated in late 2022. The document has now been updated to reflect changes to California law that have occurred over the past few years.

The Planning Commission adopted a Resolution and made findings recommending that the City Council adopt the Seaside 2040 General Plan Update and certify the associated Environmental Impact Report on April 10, 2024.

The 2040 General Plan Update is presented for formal consideration by the City Council for adoption, and the Final Environmental Impact Report (FEIR) is also presented for formal consideration by the City Council for certification. Action on the FEIR must precede action on the General Plan.

In addition to being attached to this Staff Report as a part of the proposed Resolutions, the Seaside 2040 General Plan and FEIR may be viewed at the following links:

Seaside 2040 General Plan:
seaside2040.com/wp-content/uploads/2024/05/Seaside2040-Proposed-Final-Draft-May2024.pdf FEIR:

Seaside-2040_Final-EIR.pdf (seaside2040.com)
General Plan
A General Plan, colloquially referred to as a local government’s constitution, is a document which guides long-term development - it represents a once-in-a-generation opportunity to define the vision and goals of a community. This is accomplished by outlining city goals and policies within distinct chapters called “Elements.” California Government Code Section 65300 requires that all cities and counties adopt and maintain a General Plan. The City of Seaside's last comprehensive update of its General Plan occurred in 2004.

Per state law, the general plan includes the following mandatory elements - land use, circulation, housing, conservation, environmental justice, air quality, open space, noise, and safety. The general plan also addresses the following additional topics - community design, mobility, parks, community health, community services, economic development, and sustainability.

General Plan Chapters
The City of Seaside’s General Plan consists of the following chapters (note that Chapter 5 is the Housing Element, which was previously adopted by the City on December 7, 2023, and is not included in this project):

The Introduction (Chapter 1) and the Vision and Guiding Principles (Chapter 2) for what Packet Page 177

Item No. 8.A. Page 3 of 10
Seaside is striving to become and provides a framework for how it will get there. The vision is intended to be realized over the course of 20 years and is intended to be guided, well-planned, phased growth and development.

The Land Use and Community Design chapter (Chapter 3) presents the approach to land use and urban design, providing clear parameters for future development and change in the city. Within this element are the distribution of existing land uses and detailed General Plan land use designations for each sub-area.

The Economic Development chapter (Chapter 4) element presents a summary of existing economic and market conditions, in addition to providing goals and policies related to: 1) business attraction and retention, and 2) jobs and workforce development. It highlights the city’s unique economic position and addresses the potential for economic growth, new jobs, and the need for fiscal stability.

The Mobility chapter (Chapter 6) presents the approach to mobility, addressing the circulation system, complete streets, and coordination with land use decisions in the city. Included in this element are descriptions of street types and the circulation network map, as well as goals and policies addressing existing and future transportation facilities in Seaside for pedestrians, bicycles, and transit.

The Parks and Open Space chapter (Chapter 7) presents the community’s desire for safe, accessible, high-quality green spaces, including parks, open spaces, and recreational facilities. Within this element are the distribution of existing park and recreational areas, including details on facility types and needs. The element additionally provides information on recreational programming.

Conservation (Chapter 8) addresses the conservation, development, and sustainable use of Seaside’s natural resources, including, but not limited to, environmentally sensitive species, habitat areas, and scenic and visual resources. Strategies to manage the adverse impacts of stormwater runoff and climate change to the environment are also discussed. In addition, this element provides guidance to enhance and protect cultural and historic resources, including tribal resources, former Fort Ord sites, and significant people, places, and events in the city.

The Healthy and Sustainable Community chapter (Chapter 9) presents the community’s vision for promoting a healthy and sustainable environment in Seaside. It acts as the City’s environmental justice element, identifying disadvantaged populations and establishing goals and policies related to health care access, neighborhood design and safety, workforce training, community engagement, and healthy food access, among others. It also includes goals and policies that address greenhouse emissions, renewable energy, conservation, and green waste and recycling.

Community Facilities and Infrastructure (Chapter 10) presents the community’s interest Packet Page 178

Item No. 8.A. Page 4 of 10
in maintaining efficient and well-managed community facilities and infrastructure, including water, energy, waste, and telecommunications networks. The element also includes goals and policies that address the provision of public facilities and services, including city facilities and schools.

The Safety chapter (Chapter 11) presents public safety challenges in the city, including emergency services, seismic hazards, flooding, wildfire, climate change, and hazardous materials. This chapter also includes identifies potential safety risks and describes how climate change will alter that risk profile.

Noise (Chapter 12) addresses the community’s approach for minimizing noise levels in the city and contributing to a higher quality of life. The element analyzes and quantifies existing and future noise levels.

The General Plan Implementation chapter (Chapter 13) provides strategic steps for attaining the vision for the future of Seaside and guidance about how to attain that future. This chapter provides a list of actions with a brief description, level of priority, time frame for accomplishing the tasks, and responsible parties for each action.

The Draft General Plan was published for public review and comment on May 22, 2023.

Several community meetings (both virtual and in person) as well as meetings with the Planning Commission and other boards and commissions were conducted to receive comments on the Draft General Plan. The final General Plan is included as Exhibit A to the General Plan Resolution recommending City Council adoption of the 2040 General Plan Update.

Community Outreach
The General Plan process was begun in 2015, and the document underwent significant public review prior to the COVID-19 pandemic. The City Council approved a Community Engagement Plan that included public hearings, workshops, and open houses, along with various forms of direct outreach to the community. Events included:
· City Council – March 17, 2016. Input on Community Engagement Plan · General Plan Task Force (GPAC) – May 23, 2016. Key issues and opportunities; engagement plan
· Community Workshop – June 6, 2016. Visioning; key issues and opportunities · GPAC – June 26, 2016. Vision and Guiding Principles
· Community Open House – August 2, 2016. Vision and Guiding Principles · GPAC – October 10, 2016. Areas of change in the city
· Joint City Council and Planning Meeting – October 27, 2016. General Plan Vision and Guiding Principles
· Community Workshop – December 5, 2016. Visualizing development in Seaside · GPAC – January 31, 2017. General Plan land use designations and circulation networks · GPAC – February 21, 2017. Park, recreation, conservation, arts, and cultural and Packet Page 179

Item No. 8.A. Page 5 of 10
historic resources
· Community Open House – February 27, 2017. Community health and sustainability · Joint City Council and Planning Meeting – March 30, 2017. General Plan vision and intent for sub-areas
· GPAC – April 18, 2017. Land use and community design policy · GPAC – May 23, 2017. Sustainability, climate change, and economic development policy
· GPAC – June 8, 2017. Housing and transportation policy · Joint City Council and Planning Meeting – January 24, 2018. Draft General Plan · City Council – May 18, 2023. Update on General Plan
· Virtual Community Workshop – June 20, 2023. Input on Public Review Draft General Plan
· Planning Commission – June 21, 2023. Input on Public Review Draft General Plan and Housing Element
· Community Workshop – June 23, 2023. Draft General Plan · Environmental Commission – June 27, 2023. Input on Public Review Draft General Plan
· Commission on Jobs, Opportunities, and Business (C-JOBS) – July 10, 2023. Input on Public Review Draft General Plan
· Parks Commission – July 10, 2023. Input on Public Review Draft General Plan · Art and History Commission – July 11, 2023. Input on Public Review Draft General Plan
· Neighborhood Improvement Commission – July 11, 2023. Input on Public Review Draft General Plan
· Parks and Recreation Commission – July 10, 2023. Input on Public Review Draft General Plan
· Planning Commission – April 10, 2024. Proposed Final Draft General Plan Final Environmental Impact Report
The General Plan FEIR provides a complete evaluation of the 2040 General Plan Update as the proposed “Project,” and the cumulative impacts of the Project along with other existing and proposed uses and alternatives to the Project. The purpose of an Environmental Impact Report (EIR) is to disclose information to the public and to decision makers about the potential environmental effects of a proposed project. An EIR does not recommend either approval or denial of a proposed project; rather, it is intended to provide a source of independent and impartial analysis of the foreseeable environmental impacts of a proposed course of action.

Pursuant to CEQA Guidelines Section 15168, the FEIR is a program-level FEIR.

Specifically, the FEIR provides a program-level analysis of the potential effects on the environment that could occur from implementation of the proposed project, which comprises buildout of the proposed General Plan. This FEIR serves as a master CEQA document that will provide environmental clearance for the future developments consistent with the 2040 General Plan Update or will allow those projects to tier-off this Packet Page 180

Item No. 8.A. Page 6 of 10
Final EIR if further site-specific analysis is warranted.

The Final EIR consists of:

1. The Draft EIR

2. Comment letters received during the review period for the Draft EIR

3. Responses to the comment letters

4. Changes to the Draft EIR and relevant changes to the Draft General Plan

5. A Mitigation Monitoring and Reporting Program
Evaluation of the Project
The Environmental Impact Report evaluates the impact of implementation of the 2040 General Plan Update. The 2040 General Plan Update anticipates approximately 4,050 net new housing units and approximately 4,571 net new employment opportunities by 2040. The project incorporates Specific Plans that were previously adopted, such as the West Broadway Urban Village Specific Plan and the Campus Town Specific Plan.

Significant Impacts Identified & Mitigated
The FEIR identifies potential significant impacts that with implementation of identified mitigation measures, can be reduced to less than significant impacts. The mitigation measures are included in the Mitigation Monitoring and Reporting Program as attached to the Resolution.

The following CEQA categories have impacts that can be reduced through mitigation:
· Aesthetics
· Air Quality
· Biological Resources
· Energy
· Geology and Soils
· Greenhouse Gas Emissions
· Hazards and Hazardous Materials
· Hydrology and Water Quality
· Land Use and Planning
· Noise
· Population and Housing
· Public Services and Recreation
· Transportation
· Utilities and Service Systems
Significant Unavoidable Impacts
The FEIR identifies the proposed Project would result in several significant unavoidable adverse impacts as feasible mitigation measures have either not been identified, have uncertain feasibility, or may not be effective in reducing the impacts to a less than significant level. These impacts include the following:

Packet Page 181

Item No. 8.A. Page 7 of 10
· Historical Resources. Future development activities that could be facilitated by adoption of Seaside 2040 would have a significant impact on historical resources if such activities would cause a substantial adverse change in the significance of a historical resource. General areas proposed for future development under Seaside 2040 include locations of known resources. The General Plan, however, includes policies and implementation programs requiring that development proposals be assessed for impacts to cultural resources and appropriate measures to address potential impacts applied. In addition, future discretionary developments would be subject to the California Environmental Quality Act, which includes environmental review of specific development projects within the City’s borders, and mitigation to the extent feasible. · Unique Archaeological Resources. Development facilitated by Seaside 2040 has the potential to impact historical and unique archaeological resources. Impacts would be significant and unavoidable despite the implementation of Mitigation Measure CR-2. · Surface Excavation and Tribal Cultural Resources. Development facilitated by Seaside 2040 may involve surface excavation, which has the potential to impact previously unidentified tribal cultural resources. Impacts to tribal cultural resources would be significant and unavoidable despite the implementation of Mitigation Measure TC-1. · Wildfire Emergency Response and Evacuation. Seaside 2040 General Plan policies address emergency access, response, and preparedness and maintaining an emergency management plan. However, Seaside 2040 would facilitate development within a Very High Fire Hazard Severity Zone, an area for which emergency response plans and evacuation routes have not been established. Because no specific development is proposed at this time, it would be speculative to determine that specific emergency response plans and emergency evacuation plans would be adequate. Therefore, Seaside 2040 would potentially impair an emergency response plan or emergency evacuation plan. Impacts are conservatively concluded as significant and unavoidable. · Wildfire Exposure. Compliance with local, State, and federal rules and regulations and local General Plan policies would minimize the potential for adverse wildfire impacts to result from buildout of Seaside 2040. Furthermore, reasonably foreseeable development facilitated by Seaside 2040 would be required to implement additional mitigation if project-specific analysis identifies the potential for wildfire impacts. However, even with mitigation, it is not possible to prevent a significant risk of wildfires or fully protect people and structures from the risks of wildfires. Therefore, the operational impact of Seaside 2040 related to wildfire exposure and exacerbation risk would be significant and unavoidable.

Alternatives Analysis
An EIR is required to assess a range of reasonable alternatives to the proposed project that would feasibly attain most of the basic objectives of the project while avoiding or substantially lessening any of the significant impacts of the project and evaluate the Packet Page 182

Item No. 8.A. Page 8 of 10
comparative merits of each alternative.

Four alternatives to the proposed project were evaluated and are discussed in detail in the DEIR. The four alternatives are:
· Alternative 1: No Project Continue using 2004 General Plan under Buildout Conditions.

This alternative is comprised of a land use pattern that reflects the land use identified in the existing Seaside 2004 General Plan. Under this alternative, the proposed Seaside 2040 would not be adopted and the existing General Plan, including the land use map and all of the 2004 General Plan goals and policies, would remain in place through the horizon year of 2040. Thus, any new development in Seaside would occur consistent with the existing land use designations and the allowed uses within each designation.

Similarly, any new infrastructure would occur as envisioned in the existing 2004 General Plan. Compared with Seaside 2040, the current 2004 General Plan places less emphasis on infill development in proximity to transit. Future development would be consistent with the population density and land use intensity set out in the existing 2004 General Plan; however, the estimates for population, households, and employment have been updated assuming a 2040 buildout. Based on a 2040 buildout of the 2004 General Plan, Seaside would have the capacity for 43,278 residents, 13,169 households, and 11,791 jobs. Under this alternative, the current goals, policies, and zoning would remain in place through the horizon year.
· Alternative 2: Proposed Seaside 2040 with Reduced Density. This alternative develop the future Seaside East Specific Plan area with new and diverse neighborhoods while preserving natural areas and resources, consistent with the strategy contained in Seaside 2040. However, this alternative would build on the preservation of natural areas within the future Seaside East Specific Plan area by reducing the amount and density of new development compared to the proposed Seaside 2040. Under Alternative 2, a total of approximately 1,690 residential dwelling units would be constructed within Seaside by 2040. This would be approximately 2,360 fewer units that would be constructed under implementation of the proposed Seaside 2040. Additionally, fewer hotel rooms and employment (i.e., retail and commercial space) would be constructed as compared to the proposed Seaside 2040.
· Alternative 3: Multi-Family Residential Focused. Alternative 3 would develop the future Seaside East Specific Plan area with new and diverse neighborhoods while preserving natural areas and resources, consistent with the strategy contain in the proposed Seaside 2040. However, this alternative would build on the preservation of natural areas within the future Seaside East Specific Plan area by reducing the amount of new development compared to the proposed Seaside 2040. This alternative would also focus residential development within the future Seaside East Specific Plan area on multifamily dwelling units. Generally, multi-family residential units allow for more compact development compared to single-family residential units. Therefore, this alternative would further maximize the preservation of natural areas within the future Seaside East Packet Page 183

Item No. 8.A. Page 9 of 10
Specific Plan area. Under Alternative 3, a total of approximately 1,690 residential dwelling units would be constructed within Seaside by 2040. This would be approximately 2,360 fewer units than would be constructed under implementation of the proposed Seaside 2040. However, under Alternative 3, the approximately 1,390 residential dwelling units would consist of approximately 1,014 multi-family residential dwelling units and approximately 676 single-family residential dwelling units. This alternative would construct 220 hotel and temporary lodging rooms, which is the same number of rooms that would be constructed under the proposed Seaside 2040.

Additionally, less employment would be constructed as compared to Seaside 2040 because less commercial and retail space would be constructed. · Alternative 4: Increased Residential and Commercial Density. Seaside 2040 encourages infill and mixed-use development, locating homes near other uses, such as employment and retail. Alternative 4 would build on this concept and facilitate the growth of new housing units in Seaside to achieve approximately 75 percent more residential density than that of Seaside 2040. Under Alternative 4, a total of approximately 7,163 residential dwelling units would be constructed within Seaside by 2040, which would be an increase of approximately 3,113 units compared with Seaside 2040. This alternative would also increase the density of employment (i.e., retail and commercial space) such that total jobs in the City increases by 50 percent above jobs created under Seaside 2040.

Where significant and unavoidable impacts are identified, findings and a statement of overriding considerations are required to be made at the City Council level. The findings would indicate that the decision makers have weighed the economic, legal, social, technological, and other benefits of the 2040 General Plan against significant and unavoidable environmental impacts and determined that the potential adverse environmental effects may be considered acceptable. These findings and statement of overriding considerations is included as an Exhibit to the proposed Resolution certifying the FEIR.

Planning Commission Recommendation
The Planning Commission is the official recommending body to the City Council on amendments to the General Plan following the occurrence of a duly noticed public hearing. The Planning Commission considered the 2040 General Plan Update at its April 10, 2024 meeting. Planning Commissioners expressed their appreciation for the comprehensive public process, incorporation of community feedback into the final documents, and discussed the history and future use of former Fort Ord lands. One member of the public spoke at the end of the meeting regarding biological resources on former Fort Ord lands. The Planning Commission recommended that the City Council adopt the 2040 General Plan Update and certify the FEIR.

FISCAL IMPACT
Packet Page 184

Item No. 8.A. Page 10 of 10
There is no immediate fiscal impact associated with this item. Implementation of the provisions of the General Plan is expected to have an unknown positive fiscal impact.

ATTACHMENTS

1. FEIR Resolution

2. FEIR Resolution Exhibit A - FEIR

3. FEIR Resolution Exhibit B - Findings and SOC

4. GPA Resolution

5. GPA Resolution Exhibit A - Seaside 2040 GP
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 185
Meeting Date: 5/16/24
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SEASIDE 2040

GENERAL PLAN UPDATE PROJECT, MAKING CALIFORNIA ENVIRONMENTAL

QUALITY ACT FINDINGS, AND ADOPTING A MITIGATION MONITORING AND

REPORTING PROGRAM
WHEREAS, the City of Seaside (“City”) initiated the Seaside 2040 General Plan Update (the “Project”), which establishes the community’s vision for future development through 2040, and covers the entirety of the City of Seaside, approximately 7.94 square miles; and
WHEREAS, on July 12, 2017, pursuant to CEQA Guidelines § 15082(a), the City distributed to responsible and trustee agencies, the State Office of Planning and Research, and members of the public who had requested such noticing a Notice of Preparation (“NOP”) of an Environmental Impact Report (“EIR”) for the Project; and WHEREAS, on July 26, 2017, the City conducted a public scoping meeting to provide information on the Project and to receive comments on issues to be addressed in the EIR; and
WHEREAS, the City subsequently prepared a Draft Environmental Impact Report (the “Draft EIR”) (SCH #2017071021) for the Project, including all necessary technical studies and reports in support of the Draft EIR, and the City independently reviewed the Draft EIR; and
WHEREAS, the City published and distributed a Notice of Availability of the Draft EIR in accordance with CEQA Guidelines § 15087 on October 26, 2023; and WHEREAS, the City circulated the Draft EIR to the public, responsible and trustee agencies, and other interested parties for a 45-day comment period from October 26, 2023 to December 11, 2023 and received six comment letters, and:

WHEREAS, the Draft EIR was made available on the City’s website, as well as at four locations in the City open to the public, including (1) City of Seaside, Planning Division, 440 Harcourt Avenue, Seaside, California, and (2) Seaside Branch Library, 550 Harcourt Avenue, Seaside, California, and;
WHEREAS, the City complied with AB 52 and SB 18 tribal consultation requirements for the EIR (Public Resources Code § 21080.3.1), as documented in Final EIR pages 4.15-1 through 4.15-3; and
Packet Page 186
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WHEREAS, the City prepared written responses to all comments timely received on the Draft EIR, and those responses to comments are included in the Final Environmental Impact Report (the “Final EIR”); and
WHEREAS, the City provided written proposed responses to all public agencies on comments made by those agencies in an electronic format on April 5, 2024, more than 10 days prior to certification of the Final EIR in accordance with CEQA Guidelines § 15088(b); and
WHEREAS, on April 10, 2024, at a duly noticed public hearing, the Planning Commission held a public hearing on the Project; received presentations from staff and City consultants; asked questions and received answers and information and heard and considered additional public testimony; and adopted a Resolution, which recommended that City Council adopt a comprehensive update to its general plan, entitled Seaside 2040, and certify a Final EIR for Seaside 2040, and;
WHEREAS, the City published a Notice of Public Hearing of the Final EIR on May 2, 2024 in the Monterey County Weekly. On May 2, 2024 the City emailed copies of this notice to individuals who requested notice. On May 6, 2024, the Final EIR was posted on the Seaside 2040 webpage, and on May 10, 2024 it was made available in hard copy at Seaside City Hall.

WHEREAS, the Final EIR is comprised of the Draft EIR, all appendices thereto, Responses to Comments, and Mitigation Monitoring and Reporting Program, in one combined Final EIR volume dated March 2024; and
WHEREAS, on May 16, 2024, a duly noticed public hearing was held by the City, in which the City Council considered Final EIR certification, adoption of CEQA findings of fact (“CEQA findings”), and adoption of the Mitigation Monitoring and Reporting Program (“MMRP”).

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby find that the above recitals are true and correct, and hereby incorporates them herein by reference as though set forth in full.

BE IT FURTHER RESOLVED that, pursuant to CEQA Guidelines § 15090(a), the City Council, as lead agency for the EIR, hereby certifies that:

1. The Final EIR has been completed in compliance with CEQA;

2. The Final EIR, attached hereto as Exhibit A, was presented to the City Council of the City of Seaside, and that the City Council has reviewed and considered the information contained in the Final EIR prior to approving the Project; and Packet Page 187
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3. The Final EIR reflects the City of Seaside’s independent judgment and analysis.

BE IT FURTHER RESOLVED that, pursuant to Public Resources Code § 21081(a) and CEQA Guidelines § 15091, the City Council adopts the CEQA findings set forth in Exhibit B.

BE IT FURTHER RESOLVED that, pursuant to Public Resources Code § 21081.6 and CEQA Guidelines § 15097, the City Council adopts the MMRP set forth in Section 9 of the Final EIR.

BE IT FURTHER RESOLVED that, the City hereby selects the “Proposed Project” as identified in Final EIR Section 2, which will be implemented through the project’s entitlements.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 16th day of May 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
Exhibit “A” – Final Environmental Impact Report for Seaside 2040 General Plan Exhibit “B” – CEQA Findings and Statement of Overriding Considerations Packet Page 188
Meeting Date: 5/16/24
Item #: 8A

FEIR RESOLUTION

EXHIBIT A
https://seasidecityca.documents-on-demand.com/document/76eef2bf-e80e-ef11- a401-
000c29a59557/May%2016,%202024%20City%20Council%20Item%208A%20- %20FEIR%20Resolution%20Exhibit%20A%20-%20FEIR
Packet Page 189
Meeting Date: 5/16/24
Item #: 8A

FEIR RESOLUTION

EXHIBIT B

FINDINGS AND STATEMENT OF OVERRIDING CONDITIONS
https://seasidecityca.documents-on-demand.com/document/8305b5d4-ea0eef11-a401- 000c29a59557/May%2016,%202024%20City%20Council%20Item%208A%20- %20FEIR%20Resolution%20Exhibit%20B%20-%20Findings%20and%20SOC Packet Page 190
Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING

THE SEASIDE GENERAL PLAN TO REPEAL AND REPLACE THE ENTIRETY OF

THE SEASIDE GENERAL PLAN, EXCLUDING THE HOUSING ELEMENT, WITH A NEW GENERAL PLAN ENTITLED SEASIDE 2040
WHEREAS, in 2015 the City Council of the City of Seaside initiated the comprehensive update to the General Plan, including preparation of the 2040 General Plan Update and preparation of an Environmental Impact Report; and WHEREAS, the City held numerous community workshops, both in person and virtually, including community meetings and pop-up meetings to discuss community issues, vision, guiding principles, to receive comments on the Draft 2040 General Plan Update; and
WHEREAS, the Planning Commission and City Council held several Study Sessions at key milestones to guide the preparation of the 2040 General Plan Update; and
WHEREAS, the Draft 2040 General Plan Update was published for public review and comment on May 21, 2023 and public comments have been received and incorporated into the Proposed Final General Plan; and
WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared to evaluate the 2040 General Plan Update and the DEIR was published on October 26, 2023 for public review and comment; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council by separate resolution certified a Final Environmental Impact Report (“FEIR”) for the 2040 General Plan Update; made findings relating to significant impacts, mitigation measures and alternatives, and adopted a Statement of Overriding Considerations; and adopts a Mitigation Monitoring and Reporting Program; and WHEREAS, on April 10, 2024 the Planning Commission conducted a properly noticed public hearing and recommended that the City Council adopt the 2040 General Plan Update; and
WHEREAS, the City Council conducted a duly noticed public hearing on May 16, 2024 to consider adoption of the 2040 General Plan Update and take public testimony.

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the 2040 General Plan Update; the Final EIR prepared for the 2040 General Plan Update, Packet Page 191
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Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the EIR and all appendices thereto; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed April 10, 2024 meeting; all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed May 16, 2024 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of Seaside hereby finds as follows:

SECTION 1. FINDINGS
A. General Findings

1. The foregoing recitals are true and correct and made a part of this Resolution.

2. The 2040 General Plan Update (Exhibit A) is attached to this Resolution by reference and made a part of this Resolution, as if set forth fully herein.

3. Pursuant to the California Environmental Quality Act ("CEQA"), the City Council by separate resolution certified a Final Environmental Impact Report (“FEIR”) for the 2040 General Plan Update; made findings relating to significant impacts, mitigation measures and alternatives, and adopted a Statement of Overriding Considerations; and adopts a Mitigation Monitoring and Reporting Program.

4. The documents and other material constituting the record for these proceedings are located at the Community and Economic Development Department for the City of Seaside, 440 Harcourt Avenue Seaside, California 93955 and in the custody of the Economic Development and Community Planning Manager.

B. General Plan Amendment Findings

1. The 2040 General Plan Update constitutes a comprehensive, long-term document capable of guiding the future development of the City.

2. The 2040 General Plan Update meets all the requirements for such plans as contained in the Planning and Zoning Law (Government Code sections 65300- 65303.4).

3. The 2040 General Plan Update contains all of the elements mandated by Section 65302 of the Government code; land use, circulation, housing, conservation, open space, noise, safety elements and environmental justice. These mandatory elements and the optional elements are represented in the 2040 General Plan as:

Land Use and Community Design, Economic Development, Mobility, Parks and Open Space, Conservation, Healthy and Sustainable Community, Community Facilities and Infrastructure, Safety, Noise, and Implementation.

4. The 2040 General Plan Update has been prepared and adopted in accordance with the requirements of Planning and Zoning Law (Government Code, sections 65350-65362).

5. The West Broadway Downtown Specific Plan and the Campus Town Specific Plan have been incorporated into the 2040 General Plan Update by reference.

SECTION 2. DECISION
Packet Page 192
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Seaside hereby makes the findings contained in this Resolution and adopts the 2040 General Plan Update.

BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 16th day of May, 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
Exhibit A – Seaside 2040 General Plan Update (GPA-24-01) Packet Page 193
Meeting Date: 5/16/24
Item #: 8A

GENERAL PLAN AMENDMENT (GPA) RESOLUTION

EXHIBIT A
SEASIDE 2040 GENERAL PLAN
https://seasidecityca.documents-on-demand.com/document/d6721e47-eb0eef11-a401- 000c29a59557/May%2016,%202024%20City%20Council%20Item%208A%20- %20GPA%20Resolution%20Exhibit%20A%20-%20Seaside%202040%20GP Packet Page 194

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: May 16, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING THE UPDATED SIDEWALK INSPECTION AND REPAIR PROGRAM; RECEIVE AN UPDATE ON
SIDEWALK MAINTENANCE; AND APPROVING AN

ENCROACHMENT PERMIT FEE WAIVER FOR PROPERTY

OWNERS REQUIRED TO REPAIR OR REPLACE THE SIDEWALK

FRONTING THEIR PROPERTY

RECOMMENDATION
Adopt a resolution:
1) approving the updated Sidewalk Inspection and Repair Program 2) approving an encroachment permit fee waiver for property owners required to repair or replace the sidewalk fronting their property.

BACKGROUND
Well-maintained street trees, sidewalks, and curb ramps (ADA accessibility ramps) provide safe and desirable travel ways for pedestrians and others to enjoy neighborhoods, commercial centers, and other areas of the City. Maintaining street trees and sidewalks requires the efforts of residents, property owners, and the City.

On August 16, 2012, the City Council approved a Sidewalk Inspection and Repair Program which implemented a systematic inspection of the City’s sidewalk network, with a goal to inspect the entire City every 5 years. Inspections document locations of unsafe sidewalks and identify the party responsible for implementing repairs. As allowed by the Street and Highway Code, section 5610, and following the notification and implementation procedures codified in sections 5611 through section 5618, the City notifies abutting property owners to implement repairs to the sidewalk. Should a Packet Page 195

Item No. 9.A. Page 2 of 3
property owner fail to respond or refuse to implement the repairs, the City may perform the repairs and place a lien on the property. Should an unsafe condition be attributed to the underground utility structure, the City will contact the appropriate utility company and require repairs be made immediately.

The Program has been updated to expand on the Documentation and Maintenance Process to clarify the steps taken when the City is made aware, by complaint, of a sidewalk in need of repair that fronts private property, and to include an option for residents to request the City make the repairs to bill the property owners.

UPDATE ON SIDEWALK MAINTENANCE
In 2016, the City contracted with DACTrak to conduct a sidewalk conditions assessment of the sidewalk within the public right of way as part of our ADA transition plan.

Sidewalks fronting private property are the responsibility of the private property owner.

In 2019, the City contracted with Precision Concrete Cutting for sidewalk maintenance and repair services to cut sidewalks at locations with uplifts that measure between ¼” and 2” in height that were reported in the assessment conducted in 2016. Over 3000 repairs were completed between 2019 and 2022 and benefited property owners by preventing tripping hazards and saving many property owners the cost of repair.

Moving forward, the City will contract with an on-call concrete contractor to repair the identified sidewalk requiring maintenance and repair, which is the responsibility of the City. Staff will continue to notify property owners of their responsibility to repair sidewalks fronting their property. Should the property owner request the City to complete the repair, or should they be unresponsive to the notices to repair, the City will coordinate the repairs and recover the costs by placing a lien on the property.

WAIVING OF ENCROACHMENT PERMIT FEES
To the extent the sidewalks are located within the City’s public right of way, the homeowner is required to obtain an encroachment permit (including payment of all requisite fees), submit plans for the sidewalk repair and show proof of insurance naming the City as an additional insured. In some circumstances, a traffic control plan might be required. Property owners are then required to hire a licensed contractor at their own expense to remove and replace the displaced/damaged/uplifted sidewalk.

Property owners should contact their insurance provider to determine if repairs are covered and to confirm the deductible amount, as sidewalk repairs may be less costly than the deductible.

To alleviate some of the financial burdens of sidewalk repair and replacement for residents, the staff is requesting that encroachment permit fees be waived. The fee waiver would apply to property owners who are required to repair or replace the sidewalk fronting their property when the sidewalk is located within the City’s public Packet Page 196

Item No. 9.A. Page 3 of 3
right of way.

FISCAL IMPACT
There is no fiscal impact on updating the Sidewalk Inspection and Repair Program. An On-Call Concrete Contractor contract would be paid for from the Sidewalk Improvements Account (212-8960-9578) which is $175,000 in 2023/2024. The encroachment permit fee is $293 (Fiscal Year 23/24 Adopted Fee Schedule). On average, the City receives 7 to 10 sidewalk repair complaints per year, which would be an average cost of $2051 to $2930 of encroachment fees waived per year for property owners who receive a sidewalk repair notice.

ATTACHMENTS

1. Resolution

2. DRAFT Sidewalk Inspection and Repair Program

3. California Streets and Highway Code
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 197
Meeting Date: 5/16/24
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE UPDATED SIDEWALK INSPECTION AND REPAIR PROGRAM;

AND APPROVING AN ENCROACHMENT PERMIT FEE WAIVER FOR PROPERTY

OWNERS REQUIRED TO REPAIR OR REPLACE THE SIDEWALK FRONTING

THEIR PROPERTY
WHEREAS, City Council approved a Sidewalk Inspection and Repair Program on August 16, 2012; and
WHEREAS, the program has now been updated to expand on the Documentation and Maintenance Process to clarify the steps taken when the City is made aware, by complaint, of a sidewalk that fronts private property in need of repair including an option for property owners to request the City repair the sidewalk and bill the property owner; and
WHEREAS, to the extent the sidewalks are located within the City’s public right of way, the homeowner is required to obtain an encroachment permit (including payment of all requisite fees), submit plans for the sidewalk repair and show proof of insurance naming the City as an additional insured; and WHEREAS, in order to elevate some of the financial burden of sidewalk repair and replacement for residents, staff is requesting that encroachment permit fees be waived; and
WHEREAS, the fee waiver would apply to property owners who are required to repair or replace the sidewalk fronting their property when the sidewalk is located within the City’s public right of way.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve the updated Sidewalk Inspection and Repair Program in substantially similar language as finally approved by the City Attorney.

Packet Page 198
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BE IT FURTHER RESOLVED, that the City Council of the City of Seaside does hereby approve an encroachment permit fee waiver for property owners required to repair or replace the sidewalk front their property.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 16th day of May, 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 199
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Packet Page 200
Sidewalk Inspection and Repair Program
May 2024
DRAFT

PURPOSE
The purpose of this program is to identify potential trip hazards in order to minimize the possibility of injury to pedestrians. This policy provides standard instructions for conducting and documenting sidewalk inspections.

BACKGROUND
A successful Sidewalk Inspection and Repair Program is just as important as a Street Maintenance Program. The sidewalks serve as the streets and highways for the pedestrians that travel through our community. The Sidewalk Inspection and Repair Program is intended to prevent trip and fall incidents due to the deterioration of aging sidewalks, expansion of roots, and ground settlements. By effectively implementing a Sidewalk Inspection and Repair Program, a city will limit liability and harm to its residents.

An average vertical displacement between sidewalk abutments that is used to evaluate a “trivial defect” is ¾ inch. Vertical displacements less than 3/4 inch should not be excused for non-hazardous situations. All hazards must be evaluated whether the hazards are critical or not. For example, a 1/2 inch displacement could be hazardous in an area near a retirement home.

Sidewalks are the avenues and streets of pedestrian traffic. A city and its residents should maintain the sidewalks as best they can.

INSPECTION SCHEDULE
A. Sidewalks are inspected as part of building, occupancy, and encroachment permit process.

B. Reports from the public. City staff will inspect reports of trip hazard reported by member of the public.

C. City personnel will audit a segment of the city each year. See map for locations and description of the segments. The goal is to complete an audit of the entire city every 5 years.

Sidewalk Inspection and Repair Program - May 2024 page 1 Packet Page 201
IDENTIFICATION AND REPAIR PROCESS:

A. Vertical or horizontal displacements that exceed 3/4 of an inch should be documented, the responsible party identified and steps taken to correct the hazard. Any displacement between a 3/4 inch and ¼ inch should be evaluated for possible hazards.

1. If a portion of the sidewalk buckles, rises or falls, and causes a slope greater than 5:1,remove and replace the effected portions of the sidewalk.

B. Procedures for private property owner trip hazards.

1. Section 5610 of the California Streets and Highways Code states that owners of lots or portions of lots fronting on any portion of a public street “shall maintain the sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with public convenience.” Sections 5611 and 5612 require the City to notify property owner of the problem in writing and require repair of the sidewalk. Section 5613 allows 10 (ten) days after the mailing of this letter for appropriate repairs to be made to the sidewalk.

2. During inspection for occupancy or building permit, or from a complaint from the public, if a hazard is identified, city will notify property owner of hazard and request repairs.
i. Repairs not completed within a timely manner will be completed by the city and a lien placed on the property.

C. If sidewalk is damaged during encroachment permit process, contractor will be required to repair the sidewalk.

D. Sidewalks damaged from trees or landscaping in the public right of way, and required to be maintained by the City, will be the responsibility of the city.

1. Hazard will be reported to the Streets Maintenance Supervisor for appropriate repairs.

E. If sidewalk damage is attributed to underground utility structures, the City will contact the appropriate utility company and require immediate repairs.

1. Underground structures include but are not limited to meter boxes, junction boxes, and other utility vaults.

REPAIR SOLUTIONS
A. The preferred solution is to replace full sections of effected sidewalk, curb and gutter as needed. Except as allowed herein, sidewalks are replaced in full sections.

B. It is acceptable to grind down vertical displacement if less than 1 3/4” C. Vertical displacement greater than 1 ¾” will require replacement of effected sections of sidewalk, curb and gutter as appropriate.

D. Cracks and holes 3/4” or greater in depth or width should be filled with concrete epoxy.

E. If the buckled sidewalk has numerous large cracks, remove and replace concrete as directed by the city inspector.

F. If tree roots cause sidewalk, curb and gutter to buckled or be displaced, remove the root and replace the effected sidewalk curb and gutter as needed.

Sidewalk Inspection and Repair Program - May 2024 page 2 DRAFT
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DOCUMENTATION AND MAINTENANCE PROCESS
A. When the City is made aware, by complaint, of a sidewalk that fronts private property in need of repair, staff will conduct an inspection. When an inspection reveals a displacement greater than 3/4”, the city will notify the property owner in writing and request repairs.
a. Property Owner will be mailed a notification to repair the sidewalk within 14 days (SHC 5612; 5613; 5614) or request the City to make the repairs at the cost of the Property Owner.
b. Second notice will be mailed after 7 days to remind the property owner of the 14 day deadline. (SHC 5612; 5613; 5614)
B. City will maintain a copy of the letter requesting repairs and any correspondence from the property owner.

C. An encroachment permit is issued to the contractor performing repairs.

D. If repair of the sidewalk has not commenced by the 14 day deadline, including requesting the City to make the repairs, the property owner will be issued a Notice of Violation.

E. The City may coordinate and make the repairs, and recover the costs by placing a lien on the property.

Sidewalk Inspection and Repair Program - May 2024 page 3 DRAFT
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Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=SHC&division=7.&title=&part=3.&chapter=22.&article=2.[11/4/2019 5:03:25 PM] Code: Select Code Section:
5610.
5611.
5612.
5613.

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STREETS AND HIGHWAYS CODE - SHC
DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794]( Division 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMING THE WORK [5100 - 5954]( Part 3 added by Stats. 1941, Ch. 79. ) CHAPTER 22. Maintenance of Sidewalks [5600 - 5630]( Chapter 22 added by Stats. 1941, Ch. 79. ) ARTICLE 2. Repairs [5610 - 5618]( Article 2 added by Stats. 1941, Ch. 79. ) The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.
(Added by Stats. 1941, Ch. 79.)
When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. (Added by Stats. 1941, Ch. 79.)
Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. (Added by Stats. 1941, Ch. 79.)
The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 5614.
(Amended by Stats. 1969, Ch. 211.)
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Packet Page 204
Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=SHC&division=7.&title=&part=3.&chapter=22.&article=2.[11/4/2019 5:03:25 PM] 5614.
5614.1.
5615.
5616.
5617.
5618.

The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. (Amended by Stats. 1953, Ch. 798.)
The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually.
(Amended by Stats. 1968, Ch. 986.)
If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted. (Amended by Stats. 1963, Ch. 648.)
Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. (Amended by Stats. 1967, Ch. 615.)
Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.
(Added by Stats. 1941, Ch. 79.)
Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed.

The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. (Added by Stats. 1941, Ch. 79.)
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: May 16, 2024
SUBJECT: RECEIVE A PRESENTATION AND CONSIDER ADOPTING A

RESOLUTION APPROVING THE CITY OF SEASIDE PARKS AND

RECREATION MASTER PLAN

RECOMMENDATION
Adopt a resolution approving the Parks and Recreation Master Plan prepared by Conservation Technix.

BACKGROUND
On January 30, 2023, the City Council adopted a resolution authorizing the City manager to enter into an agreement with Conservation Technix to complete the Parks and Recreation Master Plan with the goal of developing a community-supported plan that provides guidance for future development of the City's recreation facilities and programs. The Master Plan will guide policy development, prioritize demands and opportunities, and generate a strategic action plan that should be updated every five to ten years. The plan will seek to incorporate energy efficient strategies and environmental remediation opportunities, and will include elements that ensure the consideration of racial equity in resource allocation and service development. The last City of Seaside Parks and Recreation Master Plan was completed in 2005.

From March 2023 to February 2024, the City, in collaboration with Conservation Technix, engaged community residents and stakeholders to develop plan content. Over the eleven-month period over 2000 residents and stakeholders participated in an online/paper survey, two community open houses, multiple community meetings and popup events at City-sponsored events and programs and individualized stakeholder meetings. Throughout the community engagement effort, residents and stakeholders were asked to provide their vision for what a vibrant park and recreation system would Packet Page 206

Item No. 9.B. Page 2 of 3
look like. Residents identified priorities for Seasides' parks, recreation facilities and programs. In addition, they also identified a which criterion by which the recommended infrastructure projects could be ranked.

Over the last eleven months, the consultant team has conducted a fell assessment of our facilities to include all parks and recreation facilities. Following this assessment and the community engagement process, the consultant team then proceeded to develop chapter content, key project recommendations, implementation strategies and capital investment plan. The capital investment plan is significant, totaling over $44 million.

Staff received the draft Master Plan in sections for review at the start of 2024, and have been providing comments and feed back as the chapters were submitted to staff. The draft plan was presented to the Parks and Recreation Commission for review and to provide comments at the February 26, 2024, meeting and all the comments from staff and the commission have been included in the final document.

Throughout the Master Plan process, the Recreation Department has coordinated and collaborated with the Public Works and Planning departments, and it shall be included in the City's General Plan update.

At the April 18, 2024, City Council meeting there was discussion on the process for the public to weigh in on the draft document to provide additional feedback. During this meeting, the City Council directed staff to open up one final opportunity for the public to provide comments on the draft Parks and Recreation Master Plan. Staff posted the opportunity for feedback on social media and on the website. In addition, staff reached out to numerous stakeholder groups, to share with their networks to solicit input.

During the review time, staff received multiple comments and input for suggestions for the plan. The consultant reviewed all the input that was received and made the necessary changes where applicable. The specific changes can be found in (Exhibit A).

Adopting the Parks and Recreation Master Plan supports the City Council's Strategic Priorities of:
• Diverse and Inclusive Community
• Community Safety and Quality of Life

FISCAL IMPACT
The authorized agreement was not to exceed One Hundred Thirty Three Thousand Eight Hundred Eighty dollars ($130,880.00). The consultant has remained on schedule Packet Page 207

Item No. 9.B. Page 3 of 3
and within the budget that was allocated for the project.

ATTACHMENTS

1. Parks & Recreation Master Plan

2. Resolution

3. Seaside PRMP Comments_revised050724
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 208
Meeting Date: 5/16/24
Item #: 9.B.

Parks & Recreation Master Plan
https://seasidecityca.documents-on-demand.com/document/5c6e3900-f30eef11-a401- 000c29a59557/May%2016,%202024%20City%20Council%20Item%209B%20- %20Parks%20&%20Recreation%20Master%20Plan
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Meeting Date: 5/16/24
Item #: X.X.

RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING THE CITY OF SEASIDE PARKS AND RECREATION MASTER PLAN WHEREAS, in January 2023, the City Council authorized the City Manager to enter in to a professional services agreement with Conservation Technix for the development of a Parks and Recreation Master Plan; and
WHEREAS, Conservation Technix conducted a thorough review and assessment of parks and recreation facilities including the programs contained therein; and WHEREAS, over 600 residents were engaged through a robust and equitable outreach effort to include on-line and paper survey, multiple community meetings including two open-houses, pop-up community engagement opportunities at events, and stakeholder discussions; and
WHEREAS, the data received through the community outreach was used to develop goals, key project recommendations, implementation strategies and a capital investment plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby adopts the current draft of the Parks and Recreation Master Plan.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 16th day of May 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
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Seaside PRMP Comments & Plan Edits (Exhibit A)
Environmental Benefits

benefits. Currently the plan only includes: physical activity, community and economic benefits.

The environment has intrinsic value separate from its value to humans.

Recommendation: Amend the benefits to directly include the Environment or Conservation Modified layout and text on page 7 to include “Environmental Benefits” Park Equity - Needs
The survey results indicate investing in existing parks to be a top priority. However, what was noted during the 2nd community meeting, but not included in the plan, is that these survey responses had a disproportionately low response rate from the Latino population (despite being more than 40% of the community population). Because of this it is critical that we recognize and acknowledge the bias in the responses should be accounted for.

Recommendation: Clearly articulate that the voices that are under-represented in the survey are also predominantly located in the geographic areas without park access.

Added language on page 16 at end of survey summary, as follows. “Although the survey was intended to represent a general sampling of the Seaside community, responses from the Latino population appear under-represented relative to the demographics of Seaside.” Added language to page 45 in gap analysis, as follows. “…especially in these neighborhoods that include a higher percentage of multi-family, lower income and/or Latino households whose views may not be sufficiently represented in the survey data for this Plan.” Park Equity - Capital Improvement Plan
The Capital Improvement Plan references acquisition projects A, B, C, etc. It is very unclear what these correspond back to. The more direct and specific this plan can be described the greater the increase in funding support from outside partners/grants.

Recommendation: More clearly define mini-park acquisition locations. Including directly referencing the map where the corresponding letters are shown. As well as specific parcel locations.

Added bulleted list on page 45 with reference to Map 16 (Acquisition Targets) and added reference to Map 16 on all listed acquisitions noted in Capital Improvements Plan list Boundaryless Parks / Open Space
The value of Parks, Rec and Open Space do not need to be constrained only to the land-use designated parks area. Trees, native plants, bioswales, etc. provide the same benefits as parks when they are distributed throughout neighborhoods all over the community.

Recommendation: Include goals statements that support this in Goal sections 3 and/or 4.

Language example might be: Integrate the elements of parks and open space throughout the community, this includes but is not limited to, increasing trees, native plants and water Packet Page 211
retention features on city streets and boulevards and through encouragement of private property owners to add trees and native vegetation.

No change – per staff recommendation due to the difficulty unless it’s a development condition requirement.

Connectivity
It is wonderful to incorporate the idea of integrating public/open space into alleyways. This is an important opportunity to meet connectivity goals and reclaim public space for positive public use. This is a new idea and might not be easily accepted.

Recommendation: Include pictures and specific examples of other community projects that have reclaimed public alleyways for parks/open space. IDentify specific locations and/or also show alleys as opportunities for improvements to park connectivity maps.

No change – this comment is covered by indication of acquisition target Area C on map 16 Recommendation: Publish the document in Spanish, reach out to the Spanish speaking community. That would give equitable access to the final document, and give Spanish/English speakers more time to review and give comments.

No change – not part of the scope of work from Conservation Technix

add that parks provide environmental benefits such as creating habitat for pollinators and other insects and animals. Reinforce that parks play a role in climate change resilience by cooling the air and countering the “heat island” effect of pavement/development, that they improve air quality, help divert storm water, and can serve as cooling stations on extraordinarily hot days. The educational value of natural habitat can be emphasized (as on page 42, paragraph 8 “On their own, pollinator gardens provide a destination for many types of parks users. On one of the park assessment visits, an entire class of school children walked from the nearby school to “study” the pollinator garden in Beta Park. The excited children were armed with bug cages, magnifying lens, and butterfly nets ready to engage in nature.”) Modified layout and text on page 7 to include “Environmental Benefits”

at both Capra and Havanna-Soliz, food is being grown that anyone can harvest. This is unique on the peninsula, where other community gardens require you to sign up, tend, and harvest only from your own plot. Community food gardens connect communities not only in the planting, labor and harvest activities, but eating from a community garden connects individuals to the land itself. Growing food locally is also good for food security, food equity, and passing on the knowledge of how to grow food.

Added “such as community food gardens” in description of community benefits on page 7

matrix (Figure __)” with the figure # missing.

Corrected missing figure number
Packet Page 212

assessment matrix. Since some may be reading online, adding a line (key to matrix follows on page 40) may be prudent.

Spelled out “Acres” in Conditions Assessment Matrix

receptacles, drinking fountain, picnic tables, benches on paved surface.” Or are those only in the #1 category, parks missing them are #2? Clarity on what Site Furnishings are.

Added footnote below Conditions Assessment Matrix to define site furnishings Pages 39-40: Where do food gardens fit in? Could they be a category under “Vegetation?” Or would they considered under “Landscaped Beds?” If the latter, then a mention of that in the key would be helpful. A note to say that the special use parks are not included in the matrix would be helpful. (have not read whole document yet, but matrix for special use parks would be helpful)
Excluded – food gardens were not specifically assessed during the site inventory and are not part of the matrix as a unique amenity

all photos in a similar manner. Because a similar photo naming protocol was not used in previous park images, the reader may think the conditions summary on this page applies only to those two parks.

No change – the image labels on page 41 are included to provide specific examples of parks that demonstrate limited playground access or park pathways, as described in the text on that page

“Where newer play equipment has been installed,playgrounds provided safe and valuable recreational value.”
Adjusted word spacing in this sentence on page 41

what we are looking at.

Spelled out “acreage per 1000 population” as part of figure 11 heading Es de suma importancia tener zonas verdes , mantener plantas en la zona central calle Fremont y como hasta hora hacer participe a la comunidad en su mantenimiento.

It is of utmost importance to have green areas, maintain plants in the central area of Fremont Street and, as in the past, involve the community in its maintenance.

No change
Es muy importante hacer otro parque más cerca de los departamentos ya que la mayoría están hacia arriba de seaside una opción es en Fremont al lado de chiquita market es un terreno grande pero absecible
It is very important to make another park closer to the apartments since most of them are up seaside, one option is in Fremont next to chiquita market, it is a large but accessible lot.

No change – this comment is covered by indication of acquisition target Area C on map 16 Packet Page 213
I am a resident of Seaside CA. In reviewing your master plan, I see that there are plans for improvement of Sabado park. Although we appreciate the efforts the city has made, I would like to ask that you consider re-installing at least swings in this park. We had two swings--very outdated--- but they served their purpose. I live not even a block away and my daughters 5 & 8 greatly enjoyed the swings. We would take short breaks to go over and play, now the new items do not provide entertainment for them. If we need to use a park we must walk half a mile up to Lincoln or Manzanita Park, as a working parent sometimes that is difficult. My mother watches them after school and she has limited walking capabilities, Sabado Park was an ideal park for her. I would like to please request that we install a play structure (I know limited because of the size of the park) but even just swings would be great. My daughter even asked who we could call to bring the swings back. I write this short email in hopes that you consider their needs. I know our next door neighbor also has a 5 year old who would be swinging too, and there are two other children I regularly saw using Sabado Parks swings, now everytime I look that way it is empty. My kids do not even entertain the idea of visiting anymore. Please bring our swings back. I would appreciate the consideration.

No change – Sabado Park is identified in the plan and capital project list for a site master plan and playground upgrade. This would be a public process, and I assume a swing would be part of that future park improvement project. Master plan for Sabado included on page 44.

1.The City’s Parks & Recreation Survey lacks the participation of the Latinx community, which is over 40% of Seaside’s population. I know and appreciate that the City is aware of this and is working to engage this segment of our community.

Suggestion: Note this in the Master Plan so that it is evident that our City is aware of the gap and is making an effort to increase engagement from this segment of our community and with nonetheless, work to provide an equitable offering of services.

No change – previously addressed comments (pages 16 & 45); also Goal 1 addresses need for City to be inclusive and engage and serve all members of the community

2.Under Goals & Actions: Conservation, Health and Wellness, and Social Equity are highlighted.

Suggestion: This would be a place to state the benefits and the importance of biodiversity in our parks to both people, (which is covered), and to natural systems. Biodiversity is essential to mitigating climate change. Our greenspaces have the potential to support eco-habitats that are more resilient to climate change. Biodiversity supports the natural cycles of soil regeneration, promoting water cycling and purification, and mitigates the amount of carbon in our atmosphere. All of this will make our city more resilient in the face of Climate Change.

No change – the reference to conservation, health & wellness, and social equity are from the NRPA’s ‘Three Pillars’. Native plant, sustainability and resiliency are addressed in Goals 3 and 4.

1.It is my understanding that we do not use hyphens in the Park names. i.e. Lincoln Cunningham, Havana Soliz etc. We made this decision before we had the new signs made.

Hyphens removed from park names
Packet Page 214

2.The non profit Sustainable Seaside has played a huge part in sustainable issues within Seaside the last 10 years and so I’d like them to be added as helping in developing this General Plan in the parts of the plan that mention participants. Members of Sustainable Seaside were in attendance at all of the public meetings and spoke at length to the consultants for this plan.

They used their 750 person contact list and Facebook page to get the word out about participating. They instigated the Bee City designation and established the first pollinator garden at Lincoln Cunningham. (As planned, FOSPA has continued the pollinator projects in the Parks.)
Sustainable Seaside, FOSPA, and Blue Zones Project added in list under ‘Other Outreach’ on page 18. Sustainable Seaside added to the pollinator garden description on page 42.

3.Blue Zones have been deeply involved in encouraging the connector trails and food gardens in our Parks. I suggest they be added as a strong participant as well.

No change – noted on page 3

4.There were several spots in the General Plan where I noticed redundant sentences and/or words. Also I noticed words in a sentence that didn’t make sense. It appears the document needs a good proofreading to clean up the errors.

Reviewed document; removed one duplicate sentence

Add Seaside Earth Day to 3rd bullet point.

Earth Day added to bulleted list

Use photo of FOSPA pollinator park sign
Photo changed
I would say that the plan is woefully lacking in 'management considerations' for many/most parks, given the length of the document and cost to produce it. Is this realistically going to serve as a supportive tool for seeking implementation funding to make improvements and support ongoing maintenance of park facilities? I think that one universal management consideration that should have been included in all park areas with any landscaping would be to transition those spaces to climate-appropriate native plant habitat spaces, where there is not otherwise a functional landscaping elements (such as a lawn area for sports). What I mean is that all areas currently overrun by ice plant, annual grasses and other non-native weedy vegetation should be deemed high value for transition to habitat spaces - this would align well with climate adaptation, beautification and other goals espoused in various City planning documents. This is specifically an important theme for me, but there are many other improvements that should have been readily identified and described in Appendix E 'Park Site Assessments'.

No change – the site assessments were intended as preliminary visual assessments to provide a baseline impression of each park and the park system as a whole. Where significant opportunities exist for renovation or upgrade, they are noted in the body of the plan on pages 43-44 (site master plans) and 59-60 (native plantings, rewilding, etc.) Packet Page 215
I am amazed that Appendix H (Implementation Tools and Tactics) does not provide links to solicitations or descriptive program websites for those potential funding sources that are identified. A table that identifies the typical grant cycles for these resources and how they align with the Capital Improvement Plan table on Page 101 would probably be very supportive to staff or consultants who are tasked with pursuing funding for implementation. Can that be included?
No change – grant programs and their webpages change over time, and links break. The listed programs and funding tactics are intended as a sampling of potential avenues to pursue.

I would like to see the city of Seaside implementing and promoting the BLUE ZONE life-style.

Active life-style, eating healthy and socializing are key factors. Why not set money aside to have paid ambassadors that will take the message, promote and transmit it at events in our city, to businesses and arrange present this to large audiences? I would like to propose edible parks with fruit trees, herb and vegetable gardens. Monterey and Salinas have blue zone office space and we at Seaside should too. I would love to participate in this.

No change – the Blue Zone Project is a key partner and supporter of the PRMP Add content to explore development of a recreation center to support City programs.

Line item for feasibility study added to Capital Improvement Plan list. Also the following content added to page 71:

Indoor Recreation Facility
Interest in the City providing expanded recreation programs appears to be strong; however, due to the lack of indoor facility capacity, the City should pursue the construction of a multi-use indoor recreation facility to enable comprehensive recreation programs for Seaside residents.

The facility should include gymnasiums, classrooms, multi-functional rooms, and fitness rooms.

The development of an indoor recreation facility requires extensive planning, including a feasibility analysis, appropriate site, and management and operation plans, as well as exploration of potential financial and programming partnerships. Additionally, the City should seek private construction capital and sponsorship opportunities, such as naming rights, to lessen the total funding request of voters. While public sentiment exists for expanded recreation services, a cautious approach should be taken and consideration given prior to the acquisition and development of such a facility.

Packet Page 216