Title 2 ADMINI
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.02 City Council
2.04 City Manager
2.06 City Attorney
2.10 Repealed
2.14 Boards and Commissions and Committees
2.15 City Council Liaisons
2.16 Art and History Commission
2.17 Community Safety Advisory Commission
2.18 Commission on Jobs, Opportunities, and Business in Seaside (C-JOBS)
2.19 Environmental Commission
2.20 Homeless Commission
2.22 Repealed
2.24 Neighborhood Improvement Commission
2.26 Planning Commission
2.28 Recreation and Park Commission
2.32 Youth Commission
2.34 Special License and Permit Board
2.37 Transportation Advisory Committee
2.40 Emergency Disaster Council
2.42 Conflict of Interest Code
2.44 Personnel System
2.46 Affirmative Action Plan
2.48 Public Auction of Unclaimed Property
2.49 Disposal of Surplus Items
2.50 Disclosure Upon Sale of Real Property
2.52 Municipal Elections
2.54 Violation of Administrative Provisions
2.56 Administrative Citations
2.58 Administrative Remedies
2.59 Electronic Records and Electronic Signatures
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Sections:
Article I. Rules of Procedure
2.02.010 Applicability – Purpose.
2.02.020 Meetings – Regular.
2.02.030 Meetings – Adjournment.
2.02.040 Meetings – Special.
2.02.050 Meetings – Open to public.
2.02.060 Meetings – Attendance.
2.02.070 Meetings – Quorum.
2.02.080 Agenda.
2.02.085 Agenda review.
2.02.090 Presiding officer – Designated.
2.02.100 Presiding officer – Powers and duties.
2.02.110 Addressing council – Written correspondence.
2.02.120 Addressing council – Right of taxpayers and residents.
2.02.130 Addressing council – Manner.
2.02.140 Addressing council – Time limit.
2.02.150 Debate – Getting the floor.
2.02.160 Debate – Questions to staff.
2.02.170 Debate – Interruptions.
2.02.180 Debate – Points of order and decision of presiding officer.
2.02.190 Debate – Point of personal privilege.
2.02.200 Decorum and order – Council and city staff.
2.02.210 Decorum and order – Audience.
2.02.220 Decorum and order – Enforcement.
2.02.230 Failure to observe rules of order.
2.02.240 Motions – Presentation.
2.02.250 Motions – Second required.
2.02.260 Motions – Order of precedence.
2.02.270 Motions – Purpose and criteria.
2.02.280 Vote – Procedure.
2.02.290 Vote – Change.
2.02.300 Vote – Failure.
2.02.310 Vote – Conflict of interest.
2.02.320 Vote – Reconsideration and rescission of prior action.
2.02.330 Minutes – Preparation.
2.02.340 Minutes – Hearings.
2.02.350 Minutes – Reading.
2.02.360 Ordinances, resolutions and contracts – Preparation.
2.02.370 Ordinances, resolutions and contracts – Prior approval by administrative staff
2.02.375 Retained Power to Contract – No approval by administrative staff
2.02.376 Retained Power to Investigate
2.02.380 Enactment of ordinances.
2.02.390 Adoption of resolutions.
2.02.400 Hearings – Application – Definition.
2.02.410 Hearings – Rights of interested persons.
2.02.420 Hearings – Presentation of evidence.
2.02.430 Hearings – Evidence outside council chambers.
2.02.440 Hearings – Continuances.
2.02.450 Hearings – Decisions.
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2.02.460 Hearings – Record.
Article II. General Regulations
2.02.470 Notification upon absence of member from city.
2.02.480 Disclosure of confidential communication prohibited.
2.02.490 Compensation.
Article I. Rules of Procedure
2.02.010 Applicability – Purpose.
The rules of procedure set forth in SMC 2.02.020 through 2.02.460 are applicable to city council meetings and hearings and are intended to apply as well, insofar as possible, to the meetings and hearings of all city boards and commissions. These rules are intended to implement the basic proposition, applicable to Seaside and to other general law cities of the state, that each member of the city council has one vote and that the duties and powers of the city council are vested in the city council as a body and not in the individual mayor and council member acting separately. Additionally, these rules are intended to facilitate and expedite the work of the city council and to insure that the will of the majority is effectively translated into the city council action without undue hindrance or obstruction. The city operates under the council-manager form of the government under which the city council establishes fundamental policy but deals with matters of personnel and policy implementation through the city manager and not through direct contact with subordinate city employees. These rules are intended to expedite the aforesaid principles and insure their proper application. (Ord. 1034 § 3, 2017; Ord. 382, 1970; prior code § 1- 200(Preamble))
2.02.020 Meetings – Regular.
The city council shall hold regular meetings on the first and third Thursday of each month at five p.m. or a time subsequently to be established by resolution; provided, that when the day fixed for any regular meeting falls upon a day designated by law as a legal or national holiday, such meeting shall be held on the next succeeding day not a holiday, or on such other day as may be designated by the city council, in the council chambers of the City Hall, 440 Harcourt Avenue, Seaside, or at such other place within the city limits to which the meeting may be adjourned. If by reason of fire, flood, or other emergency, it is unsafe to meet in the City Hall, the meetings may be held for the duration of the emergency at such other place as is designated by the mayor or by three members of the city council.
Except by an affirmative majority vote of the city council, no agenda items shall be taken up after ten-thirty p.m. (Ord. 2004 § 3, 2021; Ord. 880 § 2, 1999; Ord. 551 § 1, 1980; Ord. 538 § 1, 1979; Ord. 519 § 1, 1978; Ord. 498, 1977; Ord. 480, 1977; Ord. 448, 1974; Ord. 382, 1970; prior code § 1-200(A-1))
2.02.030 Meetings – Adjournment.
Any meetings may be adjourned at a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened unless there is unanimous consent of the council. (Ord. 382, 1970; prior code § 1-200 (A-2))
2.02.040 Meetings – Special.
Special meetings may be called at any time by the mayor, or by three members of the city council, by causing notice to be delivered personally to the city manager, assistant city manager, or deputy city clerk, who shall in turn notify each councilmember and each local newspaper of general circulation twenty-four hours before the time of such meetings as specified in the notice. The call and notice shall specify the time and place of the special meetings and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any councilmember who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice. Such waiver may be provided electronically. Such written notice may also be dispensed with as to any councilmember who is actually present at the meeting at the time it convenes. (Ord. 1034 § 3, 2017; Ord. 382, 1970; prior code § 1-200(A-3))
2.02.050 Meetings – Open to public.
A. All regular, adjourned, and special meetings of the city council shall be open and public; provided, however, the city council may hold executive sessions from which the public may be excluded for any matter or subject for which the Brown Act provides may be hearing in executive closed session, including but not limited to the consideration of the following subjects:
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1. Personnel Matters. To consider appointment, employment, or dismissal of a public officer, person or employee, salaries, fringe benefits and working conditions, or to hear complaints or charges brought against an officer or employee unless such officer or employee requests a public hearing. The council may exclude from any such executive session during the examination of a witness any or all other witnesses in the matter being investigated;
2. Attorney-Client Matters. To consider proposed or pending litigation or property acquisition or disposition to which the city is a party;
B. Divulgence Prohibited. No member of the city council or other persons shall divulge any matter considered or heard at an executive session. It is the policy of the law as expressed in the Ralph M. Brown Act that public business shall be conducted in public so that the people may know the details of the deliberations of public bodies. All public bodies of the city, including the city council, boards and commissions, shall conduct all of their deliberations in public except as specified in this chapter, which said exceptions are required to protect the public interest where disclosure would be harmful to the public interest.
Unless excused by the city council, the following staff members shall be present during executive sessions: city manager and city attorney. (Ord. 382, 1970; prior code § 1-200(A-4))
2.02.060 Meetings – Attendance.
Councilmembers are expected to attend all meetings of the city council. If a councilmember absents himself without permission from all regular city council meetings for sixty days consecutively from the last regular meeting he attends, his office becomes vacant and shall be filled as any other vacancy. (Ord. 382, 1970; prior code § 1-200(A5))
2.02.070 Meetings – Quorum.
Three members of the council shall constitute a quorum and shall be sufficient to transact regular business. If less than three councilmembers appear at a regular meeting, any member, or if all members are absent, the city clerk, shall adjourn the meeting to a stated day and hour. The clerk shall cause a written notice of the adjournment to be delivered personally to each councilmember at least three hours before the adjourned meeting. In the absence of a quorum, the presiding officer shall, at the insistence of any two members present, compel the attendance of absent members. (Ord. 382, 1970; prior code § 1-200(A-6))
2.02.080 Agenda.
An agenda shall be prepared for each regular and special meeting of the city council containing the specific items of business to be transacted. Items may be placed on the agenda by: (A) any council member upon oral request made during the previous regular city council meeting, (B) majority vote of the city council at a regularly scheduled city council meeting after any council member makes a request to place an item on the agenda any time after the previous regular city council meeting, up to seventy-two hours prior to the next regular city council meeting, or (C) by the city manager or city attorney. (Ord. 1085 § 3, 2020)
2.02.085 Agenda review.
The draft agenda may be reviewed by the mayor and mayor pro tem prior to the publication of the agenda in order to facilitate the proper sequencing of items and time management of the city council meeting. The city attorney may remove any item from the agenda where they determine there is a significant risk of litigation or liability to the city.
Said removal shall be disclosed to the city council in a closed session. (Ord. 1085 § 3, 2020)
2.02.090 Presiding officer – Designated.
The mayor shall be the presiding officer at all meetings of the city council. In the absence of the mayor, the mayor pro tempore shall preside. In the absence of both the mayor and mayor pro tempore, the city clerk shall call the council to order, whereupon a temporary presiding officer shall be elected by the councilmembers present to serve until the arrival of the mayor or mayor pro tempore or until adjournment. (Ord. 382, 1970; prior code § 1-200(C-1))
2.02.100 Presiding officer – Powers and duties.
Robert’s Rules of Order, current edition, shall govern in all matters not specifically provided for in this section. The presiding officer shall have the following powers and duties:
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A. Participation. The presiding officer may move, second, debate, and vote from the chair. He shall not be deprived of any of the rights and privileges of a councilmember, by reason of his acting as presiding officer.
B. Questions to Be Stated. The presiding officer or such member of the city staff as he may designate may verbally restate each question immediately prior to calling for the vote. Following the vote, the presiding officer shall announce whether the question carried or was defeated. The presiding officer in his discretion may publicly explain the effect of a vote for the audience, or he may direct a member of the city staff to do so, before proceeding to the next item of business.
C. Maintaining Order and Decorum. The presiding officer shall be responsible for the maintenance of order and decorum at all meetings. He shall decide all questions of order subject, however, to an appeal to the council. In the event of an appeal, the city attorney shall act as parliamentarian and advise the council on the subject matter of the appeal. A majority vote shall decide appeals on questions of order.
D. Signing of Documents. The presiding officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in his presence, unless he is unavailable, in which case an alternate presiding officer may sign such documents.
E. Appointment of Committees. The majority of the council shall appoint such committees of councilmembers, city staff and private citizens or a combination thereof as they deem necessary and expedient to assist and advise the council in its work. They mayor may appoint an unofficial advisory committee (ad hoc).
Subcommittees of councilmembers shall only be established to address specific issues to do specific tasks and shall only exist for a specified length of time. The life of council subcommittees may be extended if necessary by a vote of the council. (Ord. 502 § 3, 1977; Ord. 382, 1970; prior code § 1-200(C-2))
2.02.110 Addressing council – Written correspondence.
The city manager is authorized to receive and open all mail addressed to the city council and he shall give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring council action may be disposed of between council meetings; provided, that all communication and any action taken pursuant thereto shall be reported to the city council. Any communication requiring council action shall be placed upon the agenda for the next regular meeting together with a separate report and recommendation by the city staff. All correspondence shall be answered or acknowledged as soon as practicable. (Ord. 612 § 1 (Appx. A (1)), 1982; Ord. 382, 1970; prior code § 1-200(D-1))
2.02.120 Addressing council – Right of taxpayers and residents.
Subject to the provisions of SMC 2.02.130 and 2.02.140, any taxpayer or resident of the city shall have the absolute right to address the council during consideration of items under the following headings of business:
A. Public Hearings. Interested persons or their authorized representatives may address the council, while a matter is open to public hearing, in regard to remarks or questions relevant to the matter under consideration.
B. Communications. Any person or his legal representatives may address the council by oral communication on any matter over which the council has control; provided, however, that preference shall be given to taxpayers or residents of the city and that additional preference shall be given to those persons who may have notified the city clerk in advance of their desire to speak in order that the same may appear on the agenda of the council. Persons making oral communications within the rules of this section shall not be interrupted during their presentation, nor shall any member of the city council respond during the period allowed for oral communications. City councilmembers may respond, as a matter of personal privilege, following conclusions of oral communications. (Ord. 382, 1970; prior code § 1-200(D-2))
2.02.130 Addressing council – Manner.
Any person desiring to address the council shall stand and wait to be recognized by the presiding officer. After being recognized, he shall proceed to the podium, state his name and address for the record and proceed to address the council. All remarks and questions shall be addressed to the council as a whole and not to any particular member of the council or member of the city staff without first obtaining permission of the presiding officer. (Ord. 382, 1970; prior code § 1-200(D-3))
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2.02.140 Addressing council – Time limit.
The presiding officer may limit the length of time of those persons wishing to address the council only when the amount of council business warrants such limitation. A majority of the city council may override the decision of the presiding officer. When any group of persons wishes to address the council on the same subject matter, the presiding officer may request that a spokesperson be chosen to represent the group, so as to avoid unnecessary repetition. (Ord. 502 § 4, 1977; Ord. 382, 1970; prior code § 1-200(D-4))
2.02.150 Debate – Getting the floor.
Every councilmember desiring to speak shall first address the chair, gain recognition by the presiding officer, and shall confine himself to the question under debate. (Ord. 382, 1970; prior code § 1-200(E-1))
2.02.160 Debate – Questions to staff.
Every councilmember desiring to question the city staff shall, after recognition by the presiding officer, address his questions to the city manager, or the city attorney. In the case of the city manager, he shall be entitled either to answer the inquiry himself or to designate a member of his staff for that purpose. (Ord. 382, 1970; prior code § 1- 200(E-2))
2.02.170 Debate – Interruptions.
A councilmember, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, unless a point of order or personal privilege is raised by another councilmember, or unless the speaker chooses to yield to a question by another councilmember. If a councilmember, while speaking, is called to order, he shall cease speaking until the question of order is determined and, if determined to be in order, he may proceed.
Members of the city staff after recognition by the presiding officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the presiding officer. (Ord. 382, 1970; prior code § 1-200(E-3))
2.02.180 Debate – Points of order and decision of presiding officer.
The presiding officer shall determine all points of order and other decisions subject to the right of any councilmember to appeal to the council. He may request an opinion of the city attorney in making such determination. If an appeal is taken, the question shall be, “Shall the decision of the presiding officer be sustained?” Council decision shall conclusively determine such question of order and other decisions. (Ord. 382, 1970; prior code § 1-200(E-4))
2.02.190 Debate – Point of personal privilege.
The right of a councilmember to address the council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are questioned or where the welfare of the council is concerned. A councilmember raising a point of personal privilege may interrupt another councilmember who has the floor subject only to the power of the presiding officer to call him out of order. (Ord. 382, 1970; prior code § 1-200(E-5))
2.02.200 Decorum and order – Council and city staff.
While the council is in session, the councilmembers and city staff shall preserve order and decorum, or the majority of the council. A member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the council, nor disturb any member while speaking or refuse to obey the directives of the presiding officer. (Ord. 382, 1970; prior code § 1-200(E-7))
2.02.210 Decorum and order – Audience.
Public members attending council meetings shall observe the same rules of order and decorum applicable to the council staff. Any person making personal, impertinent and slanderous remarks or who becomes boisterous while addressing the council or while attending the council meeting shall be removed from the room if the sergeant-atarms is so directed by the presiding officer or the majority of the council, and such person may be barred from further audience before the council. Unauthorized remarks from the audience, stamping feet, whistles, yells, and similar demonstrations shall not be permitted by the presiding officer, who shall direct the sergeant-at-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer or a councilmember. (Ord. 382, 1970; prior code § 1-200(E-8))
2.02.220 Decorum and order – Enforcement.
The chief of police, or such member of the police department as he may designate, shall be sergeant-at-arms of the city council and he shall attend meetings at the request of the presiding officer, city manager or city council. He Packet Page 305
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shall be available to respond to all meetings immediately upon call. He shall carry out all orders given by the presiding officer or council for the purpose of maintaining order and decorum at the council meetings. Any councilmember may move to require the presiding officer to enforce the rules and the affirmative vote of a majority of the councilmembers present shall require him to do so. (Ord. 382, 1970; prior code § 1-200(E-9))
2.02.230 Failure to observe rules of order.
Rules adopted to expedite the transaction of the business of the council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the council or invalidate any action taken at a meeting that is otherwise held in conformity with law. (Ord. 382, 1970; prior code § 1-200(E-10))
2.02.240 Motions – Presentation.
A motion is the formal statement of a proposal or question to the council for consideration and action. Every councilmember has the right to present a motion, and the councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (Ord. 382, 1970; prior code § 1-200(F-1))
2.02.250 Motions – Second required.
A motion by any councilmember shall not be considered by the council and voted upon without receiving a second. (Ord. 382, 1970; prior code § 1-200(F-2))
2.02.260 Motions – Order of precedence.
A. When a main motion is before the council, no motion shall be entertained except the following which shall have precedence, one over the other, in the following order:
1. Adjourn;
2. Recess;
3. Postpone temporarily or definitely (table);
4. Previous question;
5. Limit or extend debate;
6. Refer to committee or staff;
7. Amend;
8. Postpone indefinitely.
B. The above order of preference is subject to the following restrictions:
1. A motion shall not be repeated without intervening business or discussion.
2. A motion shall not be in order when the previous question has been ordered.
3. A motion shall not be in order while a vote is being taken. (Ord. 382, 1970; prior code § 1-200(F-3))
2.02.270 Motions – Purpose and criteria.
The purpose and salient criteria of the motions listed in SMC 2.02.260 is as follows:
A. Motion to Adjourn.
1. Purpose: to terminate a meeting;
2. Debatable or amendable: no, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned;
B. Motion to Recess.
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1. Purpose: to permit an interlude in the meeting and to set a definite time for continuing the meeting;
2. Debatable or amendable: yes, but restricted as to time or duration of recess; C. Motion to Postpone Temporarily.
1. Purpose: to set aside, on a temporary basis, a pending main motion; provided, that it may be taken up again for consideration during the current meeting or at the next regular meeting. It is also referred to as a motion to lay on the table;
2. Debatable or amendable: it is debatable but not amendable; D. Motion for Previous Question.
1. Purpose: to prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately. If the motion fails, discussion shall continue. If the motion passes, a vote shall be taken on the pending motion or motions;
2. Debatable or amendable: no;
E. Motion to Limit or Extend Debate.
1. Purpose: to limit or determine the time that will be devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion;
2. Debatable or amendable: not debatable; amendments are restricted to a period of time of the proposed limit or extension;
F. Motion to Refer to Committee or Staff.
1. Purpose: to refer the question before the council to a committee or to the city staff for the purpose of investigating or studying the proposal and to make a report back to the council. If the motion fails, discussion or vote on the question resumes;
2. Debatable or amendable: yes;
G. Amend.
1. Purpose: to modify or change a motion that is being considered by the council so that it will express more satisfactorily the will of the members. If the motion fails, discussion or vote on the main motion resumes. If the motion passes, then the main motion should be voted on as amended;
2. Debatable or amendable: it is debatable unless applied to an undebatable main motion. It is amendable; H. Postpone Indefinitely.
1. Purpose: to prevent further discussion and voting on the main motion. If the motion fails, discussion and voting on the main motion resumes. If it passes, the subject of main motion shall not be brought up again for the remainder of the meeting or the next regular meeting;
2. Debatable or amendable: it is debatable but not amendable; I. Main Motion.
1. Purpose: the primary proposal or question before the council for discussion and decision;
2. Debatable or amendable: yes. (Ord. 382, 1970; prior code § 1-200(F-4)) Packet Page 307
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2.02.280 Vote – Procedure.
A. When any motion is in order for the question, a vote thereon shall be taken by voice or roll call and entered in full upon the record. Motions may be passed by a simple majority of the members present at a properly quorumed meeting (two votes sufficient if only three members present), except that the following matters shall always require three affirmative votes:
1. Adoption of ordinances;
2. Resolutions granting franchises;
3. Orders for payment of money.
B. A roll call vote shall be used for the above enactments. All other motions shall not require a roll call vote unless demanded by a councilmember before the negative has been put. It shall not be in order for members to explain their vote during the roll call. (Ord. 382, 1970; prior code § 1-200(G-1))
2.02.290 Vote – Change.
A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the city clerk and prior to the time that the next item in the order of business is taken up. (Ord. 612 § 1 (Appx. A (2)), 1982; Ord. 382, 1970; prior code § 1-200(G-2))
2.02.300 Vote – Failure.
Every member should vote unless disqualified for cause accepted by vote of the council or by opinion of the city attorney. Self-disqualification, without approval, which results in a tie vote shall be avoided as thwarting council action, but no councilmember shall be forced to vote. A councilmember who abstains shall in effect consent that a majority of the quorum may act for him. Tie votes shall be lost motions and may be reconsidered. (Ord. 382, 1970; prior code § 1-200(G-3))
2.02.310 Vote – Conflict of interest.
Any councilmember who has a direct personal financial interest in any matter coming before the city council shall disclose said interest and shall disqualify himself from discussing or voting on said matter. Where it is not clear whether such interest is of a disqualifying nature, the councilmember shall state the facts of the matter to the city attorney and request an opinion thereon prior to the meeting. (Ord. 382, 1970; prior code § 1-200(G-4))
2.02.320 Vote – Reconsideration and rescission of prior action.
After motion and vote by the council, such action may be reconsidered or rescinded only in the following manner:
A. Reconsideration. A motion to set aside a vote to reconsider a main motion shall always be in order at the same meeting. The motion to reconsider is amendable and debatable. Such motion can be made by any councilmember regardless of how he previously voted on the matter. If the motion to reconsider passes, the effect thereof is to overrule and cancel the prior action.
B. Rescission. A motion to rescind (repeal, cancel, nullify) prior council action on a main motion shall be in order at any meeting of the council. The effect of rescinding prior council action shall operate perspectively only and not retroactively to the date of the original action. That is, it shall not operate to adversely affect intervening legal rights which create an estoppel situation.
C. Lost Motions. A lost motion is one that fails to receive the necessary number of votes to carry. Tie votes result in a lost motion. Three affirmative votes shall be required to place a lost motion back on the agenda for council consideration. To revive a lost motion at the same meeting, the proper action is a motion to reconsider as discussed in subsection A of this section. (Ord. 778 § 2, 1990; Ord. 382, 1970; prior code § 1-200(G-5))
2.02.330 Minutes – Preparation.
A. The minutes shall consist of a clear and concise statement of each and every council action including the motions made and the vote thereon. Reasons for making a motion, or voting, council debate and audience reaction may be included if considered to be particularly relevant or otherwise necessary, by the city clerk in the first instance and by Packet Page 308
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the council in the final instance. The city clerk shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by action of the city council.
B. The minutes prepared by the city clerk shall be the official minutes of the city and shall be maintained in accordance with state law. The city clerk shall also cause to have made a recording of all council meetings, and said recordings shall be maintained by the city clerk according to the adopted record retention schedule. (Ord. 1034 § 3, 2017; Ord. 502 § 5, 1977; Ord. 382, 1970; prior code § 1-200(H-1))
2.02.340 Minutes – Hearings.
Whenever the council acts in a quasi-judicial proceeding, such as hearings as defined in SMC 2.02.400, the minutes shall contain a synopsis of all evidence considered in the hearing including statements of persons addressing the council. (Ord. 382, 1970; prior code § 1-200(H-2))
2.02.350 Minutes – Reading.
Unless the reading of the minutes of a council meeting is ordered by a majority vote of the council, such minutes may be approved without reading if the city clerk has previously furnished each councilmember with a copy. (Ord. 382, 1970; prior code § 1-200(H-3))
2.02.360 Ordinances, resolutions and contracts – Preparation.
A. Ordinances. All ordinances shall be prepared by the city attorney and shall be presented to the council only when ordered by the council, a member of the city council, or city manager, or prepared by the city attorney on his own initiative.
B. Resolutions. It shall be considered best practice to have all resolutions prepared by the city attorney; however, resolutions may be prepared for submission by an individual, group or organization. In matters of urgency a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. Urgency resolutions shall be avoided except when absolutely necessary and shall be avoided entirely when such resolutions are required by law.
C. Contracts. All contracts shall be prepared or approved by the city attorney and shall be presented to the council only when ordered by the council, or submitted by the mayor, city manager, or city attorney. (Ord. 382, 1970; prior code § 1-200(I-1))
2.02.370 Ordinances, resolutions and contracts – Prior approval by administrative staff.
Except as provided in Section 2.02.375, aAll ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney and shall have been examined and approved for administration by the city manager, or his authorized representative, where there are substantive matters of administration involved. (Ord. 382, 1970; prior code § 1-200(I-2))
2.02.375 Retained power to contract – No Approval by administrative staff. The City Council, without requiring the consent, approval or review of the City Manager or administrative staff hereby reserves its right to contract, including retention of special legal counsel, investigators and any other matter that they deem necessary to ensure they are discharging their duties. The Mayor shall be empowered to execute contracts deemed necessary for any matter the City Council deems necessary.
2.02.376 Retained power to Investigate. The City Council, reserves to itself the right to investigate any affair of the City, including investigate any employee it directly hires, such as City Attorney or the City Manager, and in the instance of any conflicts of interest or bias of its direct hires any other employee or matter in the City. Any special counsel retained by the City Council shall be empowered to access city documents, files and other records without approval of the City Manager, deemed necessary by the special counsel including but not limited to the issuance of any notice of an administrative investigation to any employee of the City.
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2.02.380 Enactment of ordinances.
A. Introduction. Ordinances shall be introduced for first reading by motion. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or adjourned regular meeting held at least five days after alteration. Corrections or typographical or clerical errors are not considered alterations.
B. Adoption. Ordinances shall be adopted (second reading) by motion and roll call vote. Ordinances shall not be adopted within five days of their introduction, nor at other than a regular or adjourned regular meeting.
C. Reading. Except upon request by any councilmember present that an ordinance be read in its entirety, all ordinances shall be read by title only.
D. Urgency Ordinance. An urgency ordinance is an ordinance for the immediate preservation of the public peace, health or safety of the city. It may be passed immediately upon introduction and either at a regular meeting or special meeting. It must declare the facts constituting the urgency and it shall be passed by four affirmative votes.
E. Publication. At least five days prior to the city council meeting at which a proposed ordinance or amendment or alteration thereto is to be adopted, a summary of the proposed ordinance or amendment shall be published in a newspaper of general circulation and a certified copy of the full text of the proposed ordinance or amendment shall be available in the office of the city clerk. The city clerk shall be responsible for preparing each summary. Within fifteen days after the adoption of the ordinance or amendment, the city clerk shall publish a summary of the ordinance or amendment with the names of those city council members voting for and against. The city clerk shall also make available in the office of the city clerk a certified copy of the full text of such adopted ordinance or amendment along with the names of those city council members voting for and against the ordinance or amendment.
F. Effective Date. Ordinances take effect thirty days after their final passage. An ordinance takes effect immediately if it is an ordinance:
1. Relating to an election;
2. Of an urgent nature;
3. Relating to street improvement proceedings;
4. Relating to taxes for the usual and current expenses of the city;
5. Covered by particular provisions of law prescribing the manner of its passage and adoption. (Ord. 1034 § 3, 2017; Ord. 721 § 1, 1987; Ord. 601 § II(6), 1982; Ord. 382, 1970; prior code § 1-200(I-3))
2.02.390 Adoption of resolutions.
Resolutions may be adopted by motion on the date they are first presented to the council. It is not required that resolutions be read, either in full or by title only. (Ord. 382, 1970; prior code § 1-200(I-4))
2.02.400 Hearings – Application – Definition.
The procedural rules set forth in SMC 2.02.410 through 2.02.460 shall apply to all hearings before the city council.
As used in this chapter, the term “hearing” includes all public hearings required by state law or city ordinance, and proceedings for the revocation, suspension or reinstatement of permits, licenses and franchises. (Ord. 715 § 1 (Exh.
A(1)), 1987; Ord. 382, 1970; prior code § 1-200(J-1))
2.02.410 Hearings – Rights of interested persons.
On the date and at the time and place designated in the notice, the council shall afford any interested person or his authorized representative, or both, the opportunity to examine and cross-examine witnesses, to present documentary evidence, to present statements, arguments, or contentions orally and/or in writing, subject to the rules on addressing the council and rules hereinafter stated. (Ord. 382, 1970; prior code § 1-200(J-2))
2.02.420 Hearings – Presentation of evidence.
A. Oral Evidence. All oral statements which are relevant to the subject matter of the hearing may be considered by the council. Oral evidence may be taken on oath or affirmation, at the request of any interested party or his authorized representative.
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B. Exhibits and Documents. Exhibits and documents used by the city staff and any persons participating in the hearing may be considered as evidence.
C. Communications and Petitions. All communications and petitions concerning the subject matter of the hearing shall be read aloud either in full or by synopsis thereof; provided, that a reading in full shall be had at the request of any councilmember. All such communications and petitions may be considered as evidence by the council.
D. Staff Reports. Whenever practicable, a written staff report shall be prepared and read aloud as part of the staff presentation. The report shall be considered as evidence.
E. Large Maps and Displays. Large maps and displays presented for use at the hearing shall, whenever practicable, be displayed in full view of the participants and the audience. The maps or displays, or authentic reductions thereof, may be considered as evidence.
F. Admissible Evidence. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a decision unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded. (Ord. 382, 1970; prior code § 1-200(J-3))
2.02.430 Hearings – Evidence outside council chambers.
Any evidence taken outside the council chambers such as field trips, views of the premises and discussions with individuals shall not be considered by the council in reaching its decision except under the following circumstances:
A. When, during the hearing, the meeting is adjourned to a date, place and time certain for the specific purpose of taking visual or demonstrative evidence, such evidence may be considered; or B. With the consent, either oral or written, of all interested persons, or their authorized representatives, appearing at the hearing, individual members of the council may take visual or demonstrative evidence outside the council chambers; provided, that the hearing shall be continued to a date and time certain and upon reconvening in chambers each councilmember shall orally report his observations of such outside evidence taken and he shall be subject to examination thereon by any interested person or his authorized representative. (Ord. 382, 1970; prior code § 1- 200(J-4))
2.02.440 Hearings – Continuances.
Any hearing being held, or noticed or ordered to be held by the council, may, by minute action, be continued to any subsequent regular or adjourned meeting of the council; provided, that if the hearing is continued to a time less than twenty-four hours after the time specified in the order on notice of hearing, a copy of the order or notice of continuance shall be posted outside the council chamber forthwith following the meeting at which the order of continuance was made. (Ord. 382, 1970; prior code § 1-200(J-5))
2.02.450 Hearings – Decisions.
The council shall consider all evidence properly presented in accordance with the rules stated in this chapter and, unless otherwise provided by law, shall render a decision or determination on the matter within forty days of the close of the hearing. Said decisions or determination shall be by motion made and action taken thereon at a regular or adjourned meeting of the council. Any councilmember who was not present during the entire hearing or who, in the opinion of the city attorney, has a substantial conflict of interest in the matter, shall disqualify himself from discussing or voting on the matter. (Ord. 382, 1970; prior code § 1-200(J-6))
2.02.460 Hearings – Record.
A verbatim mechanical recording shall be made of the oral evidence presented at the hearing. Said recording, together with all documents, maps, exhibits and displays admitted into evidence, shall be retained by the city clerk in accordance with the record retention schedule. In lieu of retaining the recording, the city clerk may prepare a typewritten transcript thereof which shall be retained for the same period of time. The recording or transcript and Packet Page 311
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evidentiary documents shall be made available for public inspection and use at reasonable time and under such reasonable conditions as may be prescribed by the city clerk. (Ord. 1034 § 3, 2017; Ord. 382, 1970; prior code § 1- 200(J-7))
Article II. General Regulations
2.02.470 Notification upon absence of member from city.
Any member of the city council who shall absent himself from the city for a period of seventy-two hours or more shall notify the mayor or mayor pro tem, city manager and secretary to the city council of a telephone number where said member may be contacted. (Ord. 585 § 1, 1981; prior code § 1-1002)
2.02.480 Disclosure of confidential communication prohibited.
A. It is unlawful for any person who is present at a duly held closed session of the city council to reveal or disclose any confidential communication or information discussed during such closed session; provided, however, that disclosure made with the authorization of the city council and to further the interests of the city council relative to matters which were the subject of a closed session shall be proper and lawful.
B. Violation of this section is an infraction, punishable by a fine of not more than fifty dollars for the first violation, of not more than one hundred dollars for the second violation within one year, and not more than two hundred fifty dollars for each additional violation within one year. (Ord. 589 § II(33), 1981; Ord. 584 § 1, 1981)
2.02.490 Compensation.
Each member of the city council shall receive a salary of four hundred dollars per month. (Ord. 703 § 1, 1986) Packet Page 312
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Chapter 2.04 CITY MANAGER
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Chapter 2.04
CITY MANAGER
CITY MANAGER
Sections:
2.04.010 Office created.
2.04.030 Eligibility.
2.04.050 Temporary manager.
2.04.060 Compensation.
2.04.070 Removal – Council action.
2.04.080 Removal – Hearing.
2.04.090 Removal – Suspension pending hearing.
2.04.100 Removal – Discretion of council.
2.04.110 Removal – Limitation.
2.04.120 Powers and duties generally.
2.04.130 Law enforcement.
2.04.140 Authority over employees.
2.04.150 Power of appointment.
2.04.160 Reorganization of offices.
2.04.170 Ordinances.
2.04.180 Attendance at council meetings.
2.04.190 Financial reports.
2.04.200 Budget.
2.04.210 Repealed.
2.04.220 Investigation of city affairs.
2.04.230 Investigation of public utility and franchise services.
2.04.240 Supervision of public buildings and property.
2.04.250 Hours of employment.
2.04.260 Additional duties.
2.04.270 Council-manager relations.
2.04.280 Department cooperation.
2.04.290 Attendance at commission meetings.
2.04.300 Chief administrative officer.
2.04.310 City clerk.
2.04.010 Office created.
The office of the city manager of the city is created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. (Ord. 106, 1957; prior code § 1-601)
2.04.030 Eligibility.
No person elected as a councilman of the city shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after such councilmember shall have ceased to be a member of the city council. (Ord. 106, 1957; prior code § 1-603)
2.04.050 Temporary manager.
The city manager may appoint one of the other officers or department heads of the city to serve as manager pro tempore during any cityͲmanager initiated absence for more than 24Ͳhours, including but not limited to vacation, out of area conferences or similar short term absences. The city manager shall appoint one of the other officers or department heads of the city to serve as manager pro tempore during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager for Packet Page 313
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The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. longer than thirty (30) days, his failure to appoint a manager pro tempore, or an absence caused by a CouncilͲinitiated investigation into the City Manager, and his failure to so appoint a manager pro tempore, the city council may designate some qualified city employee or other contract person to perform the duties of the city manager during the period of absence, or disability of the city manager. (Ord. 1034 § 3, 2017; Ord. 106, 1957; prior code § 1-605)
1957; prior code § 1-605)
2.04.060 Compensation.
A. A. The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and fix by resolution, and the compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate.
B. B. The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council.
Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the city council for approval. (Ord. 106, 1957; prior code § 1-606)
2.04.070 Removal – Council action.
Except as otherwise provided by contract, the The removal of the city manager shall be only upon a threemember vote of the whole council in the city in regular council meeting, subject, however, to the provisions of SMC
2.04.080 through 2.04.110. Except as otherwise provided by contract or upon placement of the City Manager on administrative leave, , In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council’s intention to remove him and the reason therefor, at least thirty days before the effective date of his removal. In the instance of administrative leave, the notice will take effect as described in the notice signed by the Mayor or other presiding officer and may be effective immediately. (Ord. 106, 1957; prior code § 1-625)
2.04.080 Removal – Hearing.
Except as otherwise provided for by contract, within Within seven days after the delivery to the city manager of such notice he may, by written notification to the city clerk, request a hearing before the city council. Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, at which the city manager shall appear and be heard, with or without counsel. (Ord. 106, 1957; prior code § 1-626)
2.04.090 Removal – Suspension pending hearing.
After furnishing the city manager with written notice of intended removal or pending administrative investigation, the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the aforesaid hearing. (Ord. 106, 1957; prior code § 1-627)
2.04.100 Removal – Discretion of council.
In removing the city manager, the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the city council his grounds of opposition to his removal prior to its action. (Ord. 106, 1957; prior code § 1-628)
2.04.110 Removal – Limitation.
Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager or the city attorney shall not be removed from office during or within a period of one hundred eighty days next succeeding any general municipal election held in the city at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected member of the city council or a reorganized city council to observe the actions and ability of the city manager or the city attorney in the performance of the powers and duties of their Packet Page 314
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The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. offices. After the expiration of the one-hundred-eighty-day period mentioned in this section, the provisions of SMC
2.04.100 as to the removal of the city manager or the city attorney shall apply and be effective. (Ord. 589 § II(2), 1981; Ord. 372, 1970; Ord. 297, 1966; Ord. 106, 1957; prior code § 1-629)
2.04.120 Powers and duties generally.
The city manager shall be the administrative head of the government of the city under the direction and control of the city council, except as otherwise provided in this chapterTitle. He shall be responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereof, it shall be his duty and he shall have the powers set forth in SMC 2.04.130 through 2.04.290. (Ord. 106, 1957; prior code § 1-607)
2.04.130 Law enforcement.
It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed. (Ord. 106, 1957; prior code § 1- 608)
2.04.140 Authority over employees.
Except as otherwise provided in this Title, it It shall be the duty of the city manager and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads. (Ord. 106, 1957; prior code § 1-609)
2.04.150 Power of appointment.
Except as otherwise provided in this Title, it It is the duty of the city manager to and he shall appoint, remove, promote and demote any and all officers and employees of the city, except council-appointed officers, subject to the rules and regulations of the city council. (Ord. 723 § 1, 1987; Ord. 106, 1957; prior code § 1-610)
2.04.160 Reorganization of offices.
It shall be the duty and responsibility of the city manager to recommend to the city council such reorganization of offices, positions, departments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. (Ord. 106, 1957; prior code § 1-611)
2.04.170 Ordinances.
It shall be the duty of the city manager and he shall recommend to the city council for adoption such measures and ordinances as he deems necessary or expedient. This is not an exclusive power.(Ord. 106, 1957; prior code § 1-612)
2.04.180 Attendance at council meetings.
It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom, except when his removal is under consideration. (Ord. 106, 1957; prior code § 1-613)
2.04.190 Financial reports.
It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial conditions and needs of the city. (Ord. 106, 1957; prior code § 1-614)
2.04.200 Budget.
It shall be the duty of the city manager to prepare and submit the proposed annual or bi-annual budget and the proposed annual or bi-annual salary plan to the city council for its approval. (Ord. 958, 2007; Ord. 106, 1957; prior code § 1-615)
2.04.210 Purchasing agent.
Repealed by Ord. 587. (Ord. 106, 1957; prior code § 1-616) Packet Page 315
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2.04.220 Investigation of city affairs.
Except as otherwise provided for in this Title, it It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. (Ord. The Director of Human Resources, Chief of Police, City Attorney and City Council are explicitly allowed to conduct administrative investigations. The City Attorney should be consulted to determine the most legally defensible course of action in instances where there is any conflict of interest with any of the deparment investigators. The City Manager shall not have any power to review or investigate any matter within the Office of the City Attorney, unless specifically authorized in writing by the City Council or the City Attorney. (Ord. 106, 1957; prior code § 1-617)
2.04.230 Investigation of public utility and franchise services.
Except as otherwise provided for in this Title, it It shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city, and to see that all franchises and/or permits granted by the city are faithfully performed and observed. (Ord. 106, 1957; prior code § 1-618)
2.04.240 Supervision of public buildings and property.
It shall be the duty of the city manager and he shall exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council. (Ord. 106, 1957; prior code § 1-619)
2.04.250 Hours of employment.
It shall be the duty of the city manager to devote his entire time to the duties of his office in the interests of the city. (Ord. 106, 1957; prior code § 1-620)
2.04.260 Additional duties.
It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the city council. (Ord. 106, 1957; prior code § 1-621)
2.04.270 Council-manager relations.
Except as otherwise provided for in this Title, the The city council and its members shall deal with the administrative services of the city only through the city manager (or other designated officer) for the purpose of inquiry, and neither the city council, nor any member thereof, shall give orders to any subordinates of the city manager., except in the case of a conflict of interest of the City Manager. In the case of a conflict of interest of the City Manager, the City Council may take such actions and designate such alternative leadership that it believes necessary to address the conflict of interest. The City Attorney shall be consulted to render a final determination on any conflict of interest. The city manager shall take his orders and instructions from the city council only when sitting in a duly held meeting of the city council and no individual councilman shall give any orders or instructions to the city manager. (Ord. 106, 1957; prior code § 1-622)
2.04.280 Department cooperation.
It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the city. (Ord. 106, 1957; prior code § 1-623)
2.04.290 Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission, recreation and park commission and any other commissions, boards or committees hereafter created by the city council, upon his own volition or upon direction of the city council. At such meetings which the city manager attends, he shall be heard by such commissions, boards, or committees as to all matters upon which he wishes to address the members thereof, and he shall inform the members as to the status of any matter being considered by the city council and he shall cooperate Packet Page 316
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2.04.300 Chief administrative officer.
Wherever in the municipal code or in any ordinances or resolutions reference is made to the chief administrative officer, such section or provision shall be applicable to the city manager who shall henceforth be the chief administrative officer. (Ord. 106, 1957; prior code § 1-630)
2.04.310 City clerk.
The city manager shall exercise all of the powers, rights and duties and act ex officio as the city clerk of the city of Seaside. (Ord. 385, 1971; prior code § 1-630)
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Chapter 2.06 CITY ATTORNEY
Chapter 2.06 CITY ATTORNEY
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.06
CITY ATTORNEY
Chapter 2.06
CITY ATTORNEY
Sections:
2.06.010 Office created – Appointment.
2.06.020 Suits and actions.
2.06.030 Enforcement of judgments.
2.06.040 Legal advisor of city.
2.06.060 Drafting of ordinances and documents.
2.06.070 Retain specialized Legal Services and Consultants
2.06.080 Assistant city attorney and staff.
2.06.010 Office created – Appointment.
There is created the office of city attorney in accordance with Sections 36501, 36505, 41800, et seq.etc., of the Government Code. The attorney shall be appointed by the city council and shall serve at the pleasure of the city council. (Ord. 115, 1957; prior code § 1-701)
2.06.020 Suits and actions.
The attorney shall prosecute or defend any and all suits or actions at law or equity to which the city may be a party, or in which it may be interested, or which may be brought against, or by, any officer of the city on behalf of the city, or in the capacity of such person as an officer of the city. In accordance with Government Code Section 41803, the attorney shall perform such other legal services required from time to time by the City Council. The office of the city attorney is specifically authorized to access all files, documents and other records of the City without any other approvals, issue administrative investigation notices and direction to any employee of the City in order to aid in the investigation or defense of any litigation risk to which the City may be a party. This limited authority shall supercede any other provision in the Seaside Municipal Code. (Ord. 115, 1957; prior code § 1Ͳ702)
2.06.030 Enforcement of judgments.
It shall be the duty of the attorney to see to the full enforcement of all judgments or decrees rendered or entered in favor of the city, and of all similar interlocutory orders. (Ord. 115, 1957; prior code § 1-703)
2.06.040 Legal advisor of city.
The attorney shall be the legal advisor of the city, and shall render advice on all legal matters questions affecting the city, whenever requested to do so by any city official. Upon request by the mayor or by the council, he shall reduce any such opinion to writing. (Ord. 115, 1957; prior code § 1-704)
2.06.060 Drafting of ordinances and documents.
It shall be the duty of the attorney to draft or supervise the phraseology of any contract, lease or other documents or instruments, to which the city may be a party, and, upon request of the council, to draft ordinances covering any subjects within the power of the city. (Ord. 115, 1957; prior code § 1-706) Packet Page 318
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2.06.070 Retain Specialized Legal Services and Consultants All legal services shall be administered through the office of the city attorney. The attorney is authorized to negotiate, execute and retain such specialized legal services and consultants necessary to address legal issues that may arise in the performance of the city attorney’s duties. These specialized legal service contracts may be reached by negotiation and to the budgeted authority of the City Attorney. Any additional powers may be granted by the City Council by resolution, a copy of which shall be provided to the City Manager and finance departments. This section codifies Resolution 20Ͳ87 and specifically supercedes any other contrary provision in any standard operating procedure, or any Title of this code.
2.06.080 Assistant city attorney. and staffing.
The city attorney may designate a legal assistant for day to day matters and an assistant city attorney to assist him in his duties and to appear in his place and stead during his necessary absence from the city. (Ord. 115, 1957; prior code § 1-708)
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Chapter 2.14 BOARDS AND COMMISSIONS
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.14
BOARDS AND COMMISSIONS AND COMMITTEES
Sections:
2.14.010 Definitions.
2.14.020 Uniform procedures established.
2.14.030 Advisory capacity.
2.14.040 Appointment of members.
2.14.050 Term of office.
2.14.060 Extension of terms.
2.14.070 Removal from office.
2.14.080 Meetings.
2.14.090 Vacancy declared.
2.14.100 Resignation.
2.14.110 Election of officers.
2.14.120 Quorum.
2.14.130 Service on only one commission.
2.14.140 Residency.
2.14.150 Staff support.
2.14.160 Recordkeeping and minutes.
2.14.170 Annual reports.
2.14.180 Quarterly reports.Work plan.
2.14.190 Compensation.
2.14.200 Open meetings.
2.14.210 Rules of order.
2.14.220 Oath of office.
2.14.010 Definitions.
“Advisory body” refers to “commission” and “committee” as defined in this section. “Commission” refers to all permanent city commissions. and the board of architectural review. “Committee” refers to permanent committees established by ordinance of the city council. (Ord. 773 § 1 (Exh. A), 1990)
2.14.020 Uniform procedures established.
The purpose and intent of this chapter is to establish uniform rules and procedures for council appointed advisory bodies. (Ord. 773 § 1 (Exh. A), 1990)
2.14.030 Advisory capacity.
All advisory bodies, as defined herein, shall act in an advisory capacity to the city council, except as otherwise provided by city ordinance or state law. (Ord. 773 § 1 (Exh. A), 1990)
2.14.040 Appointment of members.
The mayor, with the advice and consent of the city council, shall make appointments to boards, commissions and committees in January. The city council shall establish procedures for recommending applicants for appointment. (Ord. 773 § 1 (Exh. A), 1990)
2.14.050 Term of office.
Appointed members shall hold office for the specified term of 4 years for the Planning Commission and 2 years for all other commissions, and until their successors are appointed and acting, except in the event of resignation or removal from office. Any member appointed to fill a vacancy prior to the expiration of the term for which his or her predecessor was appointed shall serve for the remainder of such term. Appointed members term begins on February 1 and ends January 31 of the designated year. (Ord. 773 § 1 (Exh. A), 1990) Packet Page 320
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2.14.060 Extension of terms.
When the terms of a majority of members on any advisory body expire simultaneously, one year prior to the expiration of terms, one majority member, to be determined by lot, shall serve for an additional year beyond the appointed term. (Ord. 773 § 1 (Exh. A), 1990)
2.14.070 Removal from office.
Any member of an advisory body may be removed from office upon a majority vote of the city council. (Ord. 870 § 2, 1997; Ord. 773 § 1 (Exh. A), 1990)
2.14.080 Meetings.
Commissions shall meet on an as-needed basis, as called by the chair or staff liaison, but not less than quarterly bi-monthly basis, on the day and time approved by resolution of the city council. (Ord. 1094 § 2, 2020; Ord. 773 § 1 (Exh. A), 1990)
2.14.090 Vacancy declared.
If any member of an advisory body fails to attend three consecutive regular meetings thereof without first having obtained permission for such absence in advance from the staff liaison or chairperson of the advisory body, or if any member fails to attend fifty percent of all such meetings during a six-month period, membership thereon may be terminated and a vacancy declared to exist. The chairperson staff liaison shall recommend to the city council inform the city clerk that a vacancy be declared by written notice to the city clerkhas been declared. The city clerk shall place the matter on the city council agenda, and the city council may either take action to declare that a vacancy exists, or take other action as is reasonable under the circumstances. (Ord. 773 § 1 (Exh. A), 1990)
2.14.100 Resignation.
A member of an advisory body who intends to resign shall first file written notice thereof with the city clerk, addressed to the city council., with a copy provided to the chairperson of the advisory body. (Ord. 773 § 1 (Exh. A), 1990)
2.14.110 Election of officers.
Each advisory body shall elect a chair and vice chair. Election of officers shall occur annually itsat a regular February meeting. In the event of vacancies, temporary officers may be selected by majority vote to hold office until all seats are filled. An election shall then be scheduled for the next regular meeting. (Ord. 1034 § 3, 2017; Ord. 773 § 1 (Exh. A), 1990)
2.14.120 Quorum.
A majority of those members currently appointed to the advisory body shall constitute a quorum for the purpose of transacting business. The affirmative vote of a majority of those present is required to take any action. A minimum of three members must be present in order to transact business. (Ord. 811 § 1, 1992; Ord. 773 § 1 (Exh. A), 1990)
2.14.130 Service on only one commission.
An individual shall serve on only one city commission at a time. A current commissioner who seeks appointment to another city commission shall tender his/her notice of resignation with the application for appointment. The resignation will be effective upon the individual’s appointment to the new commission. (Ord. 1034 § 3, 2017; Ord. 773 § 1 (Exh. A), 1990)
2.14.140 Residency.
All commission members shall be residents of the city. (Ord. 1094 § 2, 2020; Ord. 773 § 1 (Exh. A), 1990)
2.14.150 Staff support.
The city manager shall designate department heads or other staff members to regularly attend meetings of advisory bodies and to provide such technical support as may be required. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 773 § 1 (Exh. A), 1990) Packet Page 321
Seaside Municipal Code
Chapter 2.14 BOARDS AND COMMISSIONS
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.14.160 Recordkeeping and minutes.
The staff liaison shall ensure that eEach advisory body shall keep and file with the city clerk a record of its proceedings, findings, determinations, resolutions and attendance. These records shall be available for public inspection. (Ord. 773 § 1 (Exh. A), 1990)
2.14.170 Annual reports and work plan.
Each advisory body shall submit an annual report to the city council by April March 15th of each year. The report shall include a summary of the activities of the preceding year. and shall describe, where applicable,submit a work plan describing proposed projects or activities for the coming year. (Ord. 773 § 1 (Exh. A), 1990)
2.14.180 2.14.180 Quarterly reports.Work plan.
With the exception of councilmembers, who regularly report at council meetings, council appointees to boards and commissions of outside agencies shall make quarterly oral reports to the city council. (Ord. 773 § 1 (Exh. A), 1990)Each advisory body shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
2.14.190 Compensation.
Members of advisory bodies shall serve without compensation. Necessary expenses may be reimbursed if incurred by a member in his or her official capacity. (Ord. 773 § 1 (Exh. A), 1990)
2.14.200 Open meetings.
Advisory bodies of the city are subject to the provisions of the Ralph M. Brown Act. (Ord. 773 § 1 (Exh. A), 1990)
2.14.210 Rules of order.
Robert’s Rules of Order, current edition, and the rules of procedure applicable to the city council, shall govern the proceedings of all city boards, commissions and committees. When in conflict, the rules of procedure shall take precedence over Robert’s Rules of Order. (Ord. 773 § 1 (Exh. A), 1990)
2.14.220 Oath of office.
The mayor or city clerk shall administer the oath of office for newly appointed members of advisory bodies. (Ord. 1034 § 3, 2017; Ord. 773 § 1, 1990)
2.14.230
An appointed commissioner will automatically be removed if they become a candidate for the office of Seaside City Council.
Packet Page 322
Seaside Municipal Code
Chapter 2.15 CITY COUNCIL LIAISONS
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.15
CITY COUNCIL LIAISONS
Sections:
2.15.010 Purpose.
2.15.020 Appointment.
2.15.030 Role.
2.15.040 Communication.
2.15.050 Attendance.
2.15.010 Purpose.
The purpose of this chapter is to honor advisory body deliberations, views and positions on issues, and enhance communications between the city council and advisory bodies. (Ord. 1055 § 2, 2018)
2.15.020 Appointment.
Appointment as a council liaison is made on a volunteer basis with city council consensus. Council members shall make requests known to serve as a liaison to their fellow city council members at the city council meeting which precedes the city council meeting in which the appointment is agendized for city council consensus. (Ord. 1055 § 2, 2018)
2.15.030 Role.
Council liaisons do not serve as ex officio members of the advisory bodies, and shall neither sit with the membership at meetings nor engage in prolonged debate or discussion at meetings. Council liaisons shall serve to gain a better understanding of the issues considered by the advisory body and communicate council goals, as they may apply. (Ord. 1055 § 2, 2018)
2.15.040 Communication.
A council liaison shall not take part in the deliberations of the commission. The purpose of the liaison assignment is to facilitate communication and goodwill between the council and advisory body. The council liaison must remain vigilant to the need to maintain their position as an impartial decision-maker consistent with due process expectations, such that any official decision which may originate in an advisory body may have a fair and impartial hearing if it comes before the city council. (Ord. 1055 § 2, 2018)
2.15.050 Attendance.
Attendance is not mandatory but is encouraged to the extent the liaison is generally aware of advisory body practices and issues which come before it. (Ord. 1055 § 2, 2018)
Packet Page 323
Seaside Municipal Code
Chapter 2.16 ART AND HISTORY COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.16
ART AND HISTORY COMMISSION
Sections:
2.16.010 Creation.ed.
2.16.011 Purpose and intent.
2.16.020 Composition and terms of officeappointment procedure.
2.16.021 Term of office.
2.16.022 Filling of vacancies.
2.16.023 Removal from office.
2.16.030 Power and dDuties.
2.16.040 Staff support.Responsibilities.
2.16.041 Meetings.
2.16.050 Art award program.
2.16.060 Contributions.
2.16.070 Annual report.
2.16.080 Work plan.
2.16.010 Creationed.
There is created an art and history commission is hereby created to safeguard the city’s cultural legacy, enrich public spaces, foster civic pride and promote education and economic development._____.for the city. (Ord. 986 § 3, 2010)
2.16.011 Purpose and intent.
The purpose and intent of the art and history commission shall have the power, and it shall be the duty of the commission, is to make recommendations to the city council and to advise the council in the following matters:
A. Protect the city’s cultural resources by developing an historical inventory and, if deemed appropriate, a preservation plan. The inventory shall include, but not be limited to, assets, artifacts, manuscripts, areas, building, structures and sites which are historically, architecturally, archaeologically or culturally significant to the city. The inventory listing for each item should include its exact location, a statement of its significance to the community with appropriate documentation, a current photograph, and name of donor if available; B. Recommend properties worthy to be certified as an historical or architectural landmark for listing on the National Register of Historic Places, state landmark or, if appropriate, a local register; C. Record historical information received from interviews with seniors and other community resource persons; D. Identify appropriate storage and display areas for historical artifacts; E. Recommend a records management policy to preserve public records of historical value and earmark documents for archival collection;
F. Coordinate with the community development department any findings which might be of paleontological or historic value;
G. Prepare a summary of the history of the growth and development of the city; H. Make recommendations for the integration of preservation goals and objectives into the Seaside general plan; I. Suggest restoration or maintenance of historically significant properties owned by the city; J. Place markers on inventoried properties in the community to increase community awareness of local history and development;
K. Work with local news media to help publicize the work and findings of the commission; Packet Page 324
Seaside Municipal Code
Chapter 2.16 ART AND HISTORY COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
L. Make recommendations to the city council regarding public art and murals on city buildings, city property or funded by the city and responsible for approval of all public art and murals on non-city facilities, viewable by the public. (Ord. 1094 § 3, 2020; Ord. 986 § 3, 2010)
2.16.020 Composition and terms of officeappointment procedure.
The art and history commission shall consist of seven five regular members, appointed by the mayor and approved by the city council. The appointed members shall hold office for four years. (Ord. 986 § 3, 2010)
2.16.021 Term of office.
All appointments shall be for two-year terms. Terms are renewable at the discretion of the mayor and approved by the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair.r. (Ord. 2003 § 2, 2021)
2.16.022 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the art and history commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.16.023 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.16.030 Power and dDuties.
The art and history commission shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in the following matters:
A. Pertaining to the encouragement of arts and crafts and historical activities; B. Pertaining to the promotion of programs of artistic merit within the city; C. Pertaining to the collection, promotion, display and preservation of Seaside’s historical artifacts; D. Designate, protect, preserve, enhance and perpetuate those structures and areas of historical, architectural and engineering significance;
E. Encourage the city systematic collection and preservation of Seaside’s historic records and manuscripts.
F. To provide an annual summary report to the city council by March 15th of each year concerning all the activities of the commission during the preceding twelve-month period.
G. To provide a work plan to the City Council by April 15th of each year describing the commission’s new and ongoing projects for the coming twelve-month period. (Ord. 986 § 3, 2010)
2.16.040 Staff support.
The _____Recreation Director or theirthe City Manager’s designee shall serve as staff liaison to the commission.
The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 2003 § 2, 2021)
2.16.040 Responsibilities.
The art and history commission shall:
A. Protect the city’s cultural resources by developing an historical inventory and, if deemed appropriate, a preservation plan. The inventory shall include, but not be limited to, assets, artifacts, manuscripts, areas, building, structures and sites which are historically, architecturally, archaeologically or culturally significant to the city. The Packet Page 325
Seaside Municipal Code
Chapter 2.16 ART AND HISTORY COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. inventory listing for each item should include its exact location, a statement of its significance to the community with appropriate documentation, a current photograph, and name of donor if available; B. Recommend properties worthy to be certified as an historical or architectural landmark for listing on the National Register of Historic Places, state landmark or, if appropriate, a local register; C. Record historical information received from interviews with seniors and other community resource persons; D. Identify appropriate storage and display areas for historical artifacts; E. Recommend a records management policy to preserve public records of historical value and earmark documents for archival collection;
F. Coordinate with the community development department any findings which might be of paleontological or historic value;
G. Prepare a summary of the history of the growth and development of the city; H. Make recommendations for the integration of preservation goals and objectives into the Seaside general plan; I. Suggest restoration or maintenance of historically significant properties owned by the city; J. Place markers on inventoried properties in the community to increase community awareness of local history and development;
K. Work with local news media to help publicize the work and findings of the commission; L. Make recommendations to the city council regarding public art and murals on city buildings, city property or funded by the city and responsible for approval of all public art and murals on non-city facilities, viewable by the public. (Ord. 1094 § 3, 2020; Ord. 986 § 3, 2010)
2.16.041 Meetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
2.16.050 Art award program.
The art and history commission may annually supervise and hold an award competition for arts and crafts of individual merit. (Ord. 986 § 3, 2010)
2.16.060 Contributions.
With the approval of the city council the commission may solicit and accept gifts, artifacts, manuscripts, and monetary contributions and bequests of funds from individuals and foundations for the purpose of furthering the commission’s programs. The commission may seek financial support from state and other governmental bodies to protect, preserve and enhance the city’s historic resources. (Ord. 986 § 3, 2010)
2.16.070 Annual report.
In addition to the requirements of SMC 2.14.170 the annual report shall contain an inventory of historical items. (Ord. 986 § 3, 2010)
2.16.080 Work plan.
Per the requirements of SMC 2.14.080, the art and history commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 326
Seaside Municipal Code
Chapter 2.17 COMMUNITY SAFETY ADVISORY
COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.17
COMMUNITY SAFETY ADVISORY COMMISSION
Sections:
2.17.010 Creation.
2.17.020 Purpose and intent.
2.17.030 Composition and appointment procedure.
2.17.040 Term of office.
2.17.050 Filling of vacancies.
2.17.060 Removal from office.
2.17.070 Power and duties.
2.17.080 Staff support.
2.17.090 Meetings.
2.17.091 Annual report.
2.17.092 Work plan.
2.17.010 Creation.
There is created a community safety advisory commission (CSAC) is hereby created to_____ provide transparency to the public on matters related to community safety and policing . The commission is not a review board of specific police actions, whether internal or external, but a forum for discussions regarding community safety concerns and leveraging the experience of persons outside of policing to improve the department and the community relations. (Ord. 2003 § 2, 2021)
2.17.020 Purpose and intent.
The purpose and intent of CSAC is to provide a forum for police-community interaction, enhance public safety, and increase equity in community safety policies.
A. To address public safety and related issues concerning the Seaside police department’s policies, procedures, practices, and community relation strategies in order to enhance our residents’ quality of life.
B. To promote and encourage open communication and the building of a positive relationship with members of the community and those who have sworn to protect them.
C. Recognize that public safety through policing is a shared responsibility. (Ord. 2003 § 2, 2021)
2.17.030 Composition and appointment procedure.
CSAC shall be comprised of up to elevenseven community members nominated appointed by the mayor and approved by the city council. Community members who represent a range of interests and life experiences and diverse backgrounds, including, but not limited to, LGBTQ+, business, education, nonprofits, public relations, and faith community. At least one member must should be between fifsixteen and eighteen twenty years old when appointed. All members must live in the city of Seaside. (Ord. 2003 § 2, 2021)
2.17.040 Term of office.
All appointments shall be for threetwo-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. No member shall serve more than two consecutive terms. An individual may not serve as chair more than two four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair. (Ord. 2003 § 2, 2021)
2.17.050 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021) Packet Page 327
Seaside Municipal Code
Chapter 2.17 COMMUNITY SAFETY ADVISORY
COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.17.060 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.17.070 Power and duties.
The community safety advisory commissionCSAC shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in the following matters:
The power and duties of the commission shall be as follows:
A. Adopt, by a two-thirds vote of its members, bylaws governing the conduct of its meetings and activities, the establishment of subcommittees, and such other rules as may be necessary for the performance of its duties; provided, that such bylaws shall specify that a quorum shall at all times consist of at least sixfour members and that any amendment to the bylaws shall require an affirmative vote of two-thirds of its members.
B. The commission shall act in an advisory capacity to and as a liaison between the community, the Seaside police department, and city council.
C. The commission will have no input or discussion regarding specific employee personnel issues, nor be involved in department decision-making at any level.
D. Assist in educating the community at large about the function and role of the Seaside police department.
E. Act as a sounding board for the chief of police regarding community needs and concerns, as well as community response to proposed police programs, priorities, and policies.
F. Apprise the chief of police directly of the recommendations for improved delivery of police services to the Seaside community. When required, the commission will make recommendations to the city council.
G. In making its recommendations to the police chief, the commission shall not attempt to direct the method of implementation of any resulting changes to police department programs, policies, or procedures.
H. Develop and make recommendations directed toward informing the community of its rights and responsibilities when in contact with law enforcement officers.
I. Annually review the city’s community policing philosophy and strategies for best practices. Review the polices and strategies that reinforce the importance of community engagement in public safety. For relationships with key stakeholders, such as churches, businesses, schools, and polices dealing with “least harm” resolutions, such as diversion programs or warnings and citations in lieu of arrest for minor infractions.
J. Receive a biannual status report from the city’s Ffamily and Ccommunity Ssupport team program.
K. The commission shall actively encourage and foster residents’ participation in crime prevention activities.
L. The committee may also discuss problems and strategies for appropriate problem solving in specific neighborhoods.
M. To provide an annual summary report to the city council on the second regular city council meeting in April of each year concerning all the activities of the commission during the preceding twelve-month period and the current fiscal year “work plan.”
N. In the month of May produce a publicly available annual “Ccommunity Ssafety Rreport.” O. The commission shall sponsor/cosponsor an annual citywide community safety summit/event, i.e., National Night Out.
P. Each CSAC member is encouraged to attend the Public Safety Citizens’ Academy or similar training.
Packet Page 328
Seaside Municipal Code
Chapter 2.17 COMMUNITY SAFETY ADVISORY
COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Q. Each commission member is expected to contribute.
R. The commission shall not be entitled to receive, review, copy or investigate citizens’ complaint(s) against individual police personnel.
If a citizen submits a complaint against individual police personnel directly to a member of the commission or the commission as a whole, the commission member or the commission, as the case may be, shall forward that complaint to the police department. The commission may not take any other action, including holding hearings or conducting investigations, with respect to said complaint. (Ord. 2003 § 2, 2021)
2.17.080 Staff support.
The Cchief of Ppolice or the City Manager’s designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 2003 § 2, 2021)
2.17.090 Meetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
2.17.091 Annual report.
CSAC shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year.
2.17.092 Work plan.
Per the requirements of SMC 2.14.080, CSAC shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 329
Seaside Municipal Code
Chapter 2.18 COMMISSION ON JOBS,
OPPORTUNITIES, AND BUSINESS IN SEASIDE
(C-JOBS)
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.18
COMMISSION ON JOBS, OPPORTUNITIES, AND BUSINESS IN SEASIDE (C-JOBS) Sections:
2.18.010 Creationed.
2.18.011 Purpose and intent.
2.18.020 Composition and terms of officeappointment procedure.
2.18.030 Term of office.
2.18.031 Filling of vacancies.
2.18.032 Removal from office.
2.18.040 Power and dDuties.
2.18.050 Staff support.
2.18.060 Meetings.
2.18.070 Annual report.
2.18.080 Work plan.
2.18.010 Creationed.
The economic development commission is hereby renamed the commission on jobs, opportunities, and business in Seaside (C-JOBS). (Ord. 1062 § 2, 2019)
2.18.011 Purpose and intent.
The purpose and intent of C-JOBS is to promote economic growth and development, provide space for local businesses and labor to advocate for their interests in the community, and recommend development projects that may assist in business growth or improvement of services.
2.18.020 Composition and terms of officeappointment procedure.
C-JOBS shall consist of nine sevenfive voting regular members appointed by the mayor and approved by the city council. In addition, the mayor and mayor pro tem shall serve as ex officio, nonvoting members.
Composition of membership should include representatives from businesses and labor, commercial or industrial property owners, government or government-affiliated officials, or owners, officers or managing executives of a business or an industry located in the city, and/or residents at large.
MVoting members of the commission shall be persons selected for their business knowledge and interest in economic development issues. threeFourive members shall be owners or managers of businesses or commercial property located in a commercial district in Seaside. Any vacancy on the commission is filled the same manner as the original appointments. (Ord. 1062 § 2, 2019)
2.18.030 Term of office.
All appointments shall serve for two-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. Chairperson and vice chair are appointed on an annual basis by the mayor with approval from the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair.Five of the commission members shall be appointed for terms ending on January 31st in even-numbered years and four members for terms ending on January 31st in odd-numbered years. (Ord. 1062 § 2, 2019)
2.18.031 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.18.032 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a Packet Page 330
Seaside Municipal Code
Chapter 2.18 COMMISSION ON JOBS,
OPPORTUNITIES, AND BUSINESS IN SEASIDE
(C-JOBS)
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.18.040 Power and dDuties.
The C-JOBS commission shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in the following matters:
C-JOBS shallA. Pprovide recommendations to the city council on policies, programs, and projects which may encourage investment, increase job creation, improve workforce training and other opportunities, or otherwise expand business opportunities in Seaside.
B. The primary advisory functions are generally divided into four advisory services categories: economic and business development, business communication, business attraction, and business retention and expansion.
C. While C-JOBS shall not have purview over land use, zoning or architectural matters under the responsibility of the planning commission, board of architectural review or zoning administrator, it may advocate for and recommend economic development projects to the city council as it shall determine. (Ord. 1062 § 2, 2019)
2.18.050 Staff support.
The city manager or Eeconomic Ddevelopment Ddirector or the City Manager’s designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.18.060 Meetings.
The commission on jobs, opportunities, and business in Seaside shall meet on an as-needed basis, but not less than quarterly.not less than on a bi-monthly basis, or when called by the chair. The commission will produce and present to the council an annual report titled Jobs, Opportunities, and Business in Seaside (JOBS) discussing the economic climate in Seaside, with any recommendations. (Ord. 1062 § 2, 2019)
2.18.070 Annual report.
C-JOBS shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year and a description of the economic climate in Seaside.
2.18.080 Work plan.
Per the requirements of SMC 2.14.080, C-JOBS shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 331
Seaside Municipal Code
Chapter 2.19 ENVIRONMENTAL COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.19
ENVIRONMENTAL COMMISSION
Sections:
2.19.010 Creationed.
2.19.011 Purpose and intent.
2.19.020 Composition and terms of officeappointment procedure.
2.19.021 Term of office.
2.19.022 Filling of vacancies.
2.19.023 Removal from office.
2.19.030 Power and dDuties.
2.19.031 Staff support.
2.19.040 ObjectivesMeetings..
2.19.050 Annual report
2.19.060 Work plan.
2.19.010 Creationed.
The environmental committee is hereby created to investigates and advocates for sound environmental policy and action in the areas of air quality, water quality, energy and waste management, flora and fauna protection and community planning. (Ord. 1067 § 3, 2019)
2.19.011 Purpose and intent.
The purpose and intent of the environmental commission is to monitor the city’s progress in complying with principles established in Resolution 17-47 to protect local wildlife, improve quality of life in the community, and promote consideration of environmental justice in the planning of city projects.
A. The environmental committee shall meet not less than on a bi-monthly basis.
B. The environmental committee shall monitor the city’s progress in complying with principles established in Resolution 17-47.
C. The environmental committee shall prepare an annual recommended work plan to the city council by April
15. (Ord. 1067 § 3, 2019)
2.19.020 Composition and terms of officeappointment procedure.
The environmental committee shall have nine five voting regular members, appointed by the mayor and approved by the city council for a term of three two years. Residents of Seaside or professionals, scholars or students in any related field of the environmental sciences are eligible to serve as members. At least one one high school student residing in Seaside and at least one student at CSUMB or MPCstudent that attends Seaside High School, CCalifornia State University Monterey Bay, or Monterey Peninsula College shall be appointed as a regular full voting member. A city council member shall be appointed by the city council as a nonvoting member. (Ord. 1067 § 3, 2019)
2.19.021 Term of office.
All appointments shall serve for two-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. Chairperson and vice chair are appointed on an annual basis by the mayor with approval from the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair. (Ord. 1062 § 2, 2019)
2.19.022 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have Packet Page 332
Seaside Municipal Code
Chapter 2.19 ENVIRONMENTAL COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. served as vice-chair immediately before selection to chairperson and must have served on the community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.19.023 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.19.030 Power and dDuties.
The environmental commission shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in the following matters:
The environmental committee shall conduct public meetings and prepare recommendations to the city council on matters regarding the environment to include without limitation unless otherwise noted:
A. Review and comment on city ordinances, policies and programs and state mandates related to environmental regulations, risks and pollution abatement, clean water, air and energy, flora, fauna and biome protection and community planning topics expressly beyond the realm of the planning commission.
B. Serve in advisory capacity to the city council, commissions, committees, and boards on related issues.
BC. Identify strategic environmental goals for the city and estimate resources needed to accomplish these goals; investigate funding to implement programs to benefit the community.
CD. Develop policies and plans for increasing environmental awareness in cooperation with other public and private agencies to include school districts. (Ord. 1067 § 3, 2019)
2.19.031 Staff support.
The _____Community Planning Manager or the City Manager’s their designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.19.040 ObjectivesMeetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
A. The environmental committee shall meet not less than six times per year.
B. The environmental committee shall monitor the city’s progress in complying with principles established in Resolution 17-47.
C. The environmental committee shall prepare an annual recommended work plan to the city council not later than three months in advance of each fiscal year. (Ord. 1067 § 3, 2019)
2.19.050 Annual report.
The environmental commission shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year and a review of the city’s effectiveness in complying with the principles established in Resolution 17-47.
2.19.060 Work plan.
Per the requirements of SMC 2.14.080, the environmental commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 333
Seaside Municipal Code
Chapter 2.20 HOMELESS COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.20
HOMELESS COMMISSION
Sections:
2.20.010 Creationed.
2.20.011 Purpose and intent.
2.20.020 Composition and terms of officeappointment procedure.
2.20.021 Term of office.
2.20.022 Filling of vacancies.
2.20.023 Removal from office.
2.20.030 Power and dDuties.
2.20.031 Staff support.
2.20.040 ObjectivesMeetings.
2.20.050 Annual report.
2.20.060 Work plan.
2.20.010 Creationed.
The homeless committee is hereby created to plan, advocate, support and collaborate with those affected by homelessness. (Ord. 1067 § 3, 2019)
2.20.011 Purpose and intent.
The purpose and intent of the homeless commission is to shall:
A. Hold public meetings on matters related to homelessness; B. Investigate best and contemporary practices with regard to eliminating and preventing homelessness; C. Serve in advisory capacity to the city council on related issues; D. Prepare an annual report to the city council on progress and effectiveness of various programs and policies. (Ord. 1067 § 3, 2019)
2.20.020 Composition and appointment procedureterms of office.
The homeless commission shall consist of seven five appointed voting regular members appointed by the mayor and approved by the city council. and one nonvoting city council member, all appointed by the city council. Voting members shall hold office for three years. (Ord. 1067 § 3, 2019)
2.20.021 Term of office.
All appointments shall serve for two-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. Chairperson and vice chair are appointed on an annual basis by the mayor with approval from the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair. (Ord. 1062 § 2, 2019)
2.20.022 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.20.023 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021) Packet Page 334
Seaside Municipal Code
Chapter 2.20 HOMELESS COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.20.030 Power and dDuties.
The homeless commission shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in the following matters:
A. Review and comment on city ordinances, programs and policies and state mandates related to housing, CDBG grants and programs, and other poverty mitigation programs; B. Monitor and assist the city’s progress in implementing needed homeless services and facilities; C. Develop policy recommendations and processes to measure the effectiveness of new and existing policies in ending and preventing homelessness and coordinate with the CDAC Community Development Advisory Commission for their required reporting in the HUD mandated annual action report; D. Identify strategic goals for the city and estimate resources needed to accomplish these goals; investigate funding to implement programs to that benefit the homeless community; D.E. Identify partnerships with county , city and other community program providers that can be leveraged to achieve the goals of ending or preventing homelessness in the city of Seaside. (Ord. 1067 § 3, 2019)
2.20.031 Staff support.
The _____Family and Community Support Practitioner or the City Manager’s designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.20.040 ObjectivesMeetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
The homeless commission shall:
A. Hold public meetings on matters related to homelessness; B. Investigate best and contemporary practices with regard to eliminating and preventing homelessness; C. Serve in advisory capacity to the city council, commissions, committees, and boards on related issues; D. Prepare an annual report to the city council on progress and effectiveness of various programs and policies. (Ord. 1067 § 3, 2019)
2.20.050 Annual report.
The homeless commission shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year and a description of the status of homelessness and the homeless population in the community.
2.20.060 Work plan.
Per the requirements of SMC 2.14.080, the homeless commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 335
Seaside Municipal Code
Chapter 2.24 NEIGHBORHOOD IMPROVEMENT
COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.24
NEIGHBORHOOD IMPROVEMENT COMMISSION
Sections:
2.24.010 Creationed.
2.24.011 Purpose and intent.
2.24.020 Composition and terms of officeappointment procedure.
2.24.021 Term of office.
2.24.022 Filling of vacancies.
2.24.023 Removal from office.
2.24.030 Power and dDuties.
2.24.031 Staff support.
2.24.040 ObjectivesMeetings.
2.24.050 Annual report.
2.24.060 Work plan.
2.24.010 Creationed.
There is created a neighborhood improvement commission is hereby created to oversee community beautification and revitalization projects in neighborhoods parks, residences, and public spaces. (Ord. 1055 § 3, 2018; Ord. 773 § 1 (Exh. A), 1990)
2.24.011 Purpose and intent.
The purpose and intent of the neighborhood improvement commission shallis to:
A. Work toward the establishment of neighborhood block organizations to encourage citizens to beautify and upgrade their property and landscaping, to remove items that adversely influence property values; B. To encourage citizens to voluntarily comply with the various city codes relating to the general appearance of the city;
C. To make recommendations to the city council on ways to improve the appearance of the city and to elicit voluntary cooperation to beautify and minimize vandalism in the city; D. To work with service clubs and civic organizations, as appropriate, to help clean up the city and to promote and implement programs which help achieve this goal.
E. Also, to work towards the establishment of neighborhood block organizations to help encourage beautification and reduce vandalism in the neighborhoods;
E. To encourage citizens and merchants to decorate their homes and businesses with Christmas decorations during the holiday season and to appropriately display the United States flag on national holidays; F. To conduct administrative hearings pursuant to Chapter 8.30 SMC relating to property maintenance. (Ord. 1055 § 3, 2018; Ord. 773 § 1 (Exh. A), 1990)
2.24.020 Composition and appointment procedure.
The commission shall consist of nine seven regular members appointed by the mayor and approved by the city council. The appointed members shall hold office for three years. (Ord. 1067 § 2, 2019; Ord. 1055 § 3, 2018; Ord. 773 § 1 (Exh. A), 1990)
2.24.021 Term of office.
All appointments shall serve for two-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. Chairperson and vice chair are appointed on an annual basis by the mayor with approval from the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair. (Ord. 1062 § 2, 2019) Packet Page 336
Seaside Municipal Code
Chapter 2.24 NEIGHBORHOOD IMPROVEMENT
COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.24.022 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson NIC. and must have served on the community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.24.023 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.24.030 Power and dDuties.
The neighborhood improvement commission shall have the powerbe entrusted, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in matters pertaining to general improvement of the neighborhoods within the city. (Ord. 1055 § 3, 2018; Ord. 773 § 1 (Exh. A), 1990)
2.24.031 Staff support.
The _____Chief Building Official or the City Manager’s designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.24.040 ObjectivesMeetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
The objectives of the commission shall be as follows:
A. Beautification. To encourage citizens to beautify and upgrade their property and landscaping, and to remove items that adversely influence property values;
B. Code Enforcement. To encourage citizens to voluntarily comply with the various city codes relating to the general appearance of the city;
C. Recommendations. To make recommendations to the city council on ways to improve the appearance of the city and to elicit voluntary cooperation to beautify and minimize vandalism in the city; D. Community Organizations. To work with service clubs and civic organizations, as appropriate, to help clean up the city and to promote and implement programs which help achieve this goal. Also, to work towards the establishment of neighborhood block organizations to help encourage beautification and reduce vandalism in the neighborhoods;
E. Holiday Decorations. To encourage citizens and merchants to decorate their homes and businesses with Christmas decorations during the holiday season and to appropriately display the United States flag on national holidays;
F. Conduct Hearings. To conduct administrative hearings pursuant to Chapter 8.30 SMC relating to property maintenance. (Ord. 1055 § 3, 2018; Ord. 773 § 1 (Exh. A), 1990)
2.24.050 Annual report.
The neighborhood improvement commission shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year.
2.24.060 Work plan.
Per the requirements of SMC 2.14.080, the neighborhood improvement commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 337
Seaside Municipal Code
Chapter 2.26 PLANNING COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.26
PLANNING COMMISSION
Sections:
2.26.010 Creationed.
2.26.020 Composition and terms of office.
2.26.030 Powers and duties.
2.26.040 Staff support.
2.26.010 Creationed.
There is created a planning commission of the city pursuant to California Government Code Section 65101 et seq. (Ord. 773 § 1 (Exh. A), 1990)
2.26.020 Composition and terms of office.
The planning commission shall consist of seven members regularly. There is an allowable temporary increase to ten members to allow for the existing board of architectural review members to be added to the planning commission.
Through attrition, the number will be no more than seven members. The appointed members shall hold office for four years. Members shall be appointed, with the approval of the City Council, to hold office for four years. (Ord. 1094 § 2, 2020; Ord. 773 § 1 (Exh. A), 1990)
2.26.030 Powers and duties.
The planning commission shall have all the powers and perform duties as provided in Government Code Section 65103. It shall be the function and duty of the planning commission to prepare, periodically review and revise, as necessary, the general plan of the city and to implement the general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances. The planning commission will also act as the board of architectural review, as it pertains to all references in SMC 17.70.070. (Ord. 1094 § 2, 2020; Ord. 773 § 1 (Exh. A), 1990)
2.26.040 Staff support.
The _____Community Planning Manager or the City Manager’s designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
Packet Page 338
Seaside Municipal Code
Chapter 2.28 RECREATION AND PARK COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.28
RECREATION PARKS AND PARK RECREATION COMMISSION
Sections:
2.28.010 Creationed.
2.28.011 Purpose and intent.
2.28.020 Composition and terms of officeappointment procedure.
2.28.021 Term of office.
2.28.022 Filling of vacancies.
2.28.023 Removal from office.
2.28.030 Power and dDuties.
2.28.040 Staff support.
2.28.050 Meetings.
2.28.060 Annual report.
2.28.070 Work plan.
2.28.010 Creationed.
There is created a recreation and park parks and recreation commission is hereby created to develop and improve community services and promote community engagement through various projects, events, and programs. (Ord. 773 § 1 (Exh. A), 1990)
2.28.011 Purpose and intent.
The purpose and intent of the parks and recreation commission is to aid in the development and maintenance of public facilities, community programs and projects, and plan events that will deepen communal relations across many demographics.
2.28.020 Composition and terms of officeappointment procedure.
The recreation and parkparks and recreation commission shall consist of nine seven regular members appointed by the mayor and approved by the city council. The appointed members of the commission shall hold office for three years. (Ord. 1067 § 2, 2019; Ord. 971 § 2, 2008; Ord. 887 § 2, 2000; Ord. 773 § 1 (Exh. A), 1990)
2.28.021 Term of office.
All appointments shall serve for two-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. Chairperson and vice chair are appointed on an annual basis by the mayor with approval from the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair. (Ord. 1062 § 2, 2019)
2.28.022 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.28.023 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.28.030 Power and dDuties.
The duties of the recreation and parkparks and recreation commission shall have the power to, and it shall be its duty be to:
A. Act in an advisory capacity to the city council, recreation and the public works directors of community services, the boards of trustees of the school districts and the director of community services in all matters pertaining to parks Packet Page 339
Seaside Municipal Code
Chapter 2.28 RECREATION AND PARK COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. and public recreation, and to cooperate with other governmental agencies and civic groups in the advancement of sound park and recreation planning and programming;
B. Recommend policies on recreational services and facilities to the director of community services and the city council;
BC. Consult with the Recreation Ddirector of community services on matters relating to the administration and development of recreation areas, facilities, programs and improved recreation services; CD. Make periodic inventories of recreation services that exist or may be needed and interpret the needs of the public to the city council and create annual reports with relevant updates, the school boards of trustees and to the director of community services;
E. Aid in coordinating recreation services with the programs of other public agencies and voluntary organizations; DF. Advise the Recreation Public Works Ddirector of community services in the preparation of the annual budget and a long-range recreation capital improvement program; G. Advise the city council on matters regarding trees, urban forestation endeavors and related resources; EH. Develop, keep current, and aid in the facilitation of a long-term plan for the development, conservation and care of urban forest resources in consultation with the public works director; I. In collaboration with the city’s contractor, develop and review annually the long-range plan for urban forestation, and inform residents regarding tree planting, tree care, and the city’s forestry program. (Ord. 938, 2004; Ord. 773 § 1 (Exh. A), 1990)
I. Develop and review annually a long-range plan for urban forestation; J. Review, in cooperation with the city forester, annual plans for urban forestry programs; K. Coordinate or conduct planned projects for the advancement of the urban forest; L. In collaboration with the city forester, inform residents regarding tree planning, tree care, and forestry programs(Ord. 938, 2004; Ord. 773 § 1 (Exh. A), 1990)
2.28.040 Staff support.
The Rrecreation Director director and the Ppublic Wworks Ddirector, or the City Manager’s designee, shall serve as staff liaisons to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.28.050 Meetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
2.28.060 Annual report.
The parks and recreation commission shall submit an annual report to the city council by March 15th of each year.
The report shall include a summary of the activities of the preceding year.
2.28.070 Work plan.
Per the requirements of SMC 2.14.080, the parks and recreation commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 340
Seaside Municipal Code
Chapter 2.32 YOUTH COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.32
YOUTH COMMISSION
Sections:
2.32.010 Creationed.
2.32.011 Purpose and intent.
2.32.020 Composition and terms of officeappointment procedure.
2.32.040 Power and dDuties.
2.32.050 Staff support.
2.32.060 Meetings.
2.32.010 Creationed.
There is created a youth commission for the cityis hereby created to provide a space for the community’s youth population to express their needs and desires in a productive manner, and connect with each other and the broader community. (Ord. 773 § 1 (Exh. A), 1990)
2.32.011 Purpose and intent.
The purpose and intent of the youth commission is to:
A. Promote civic awareness and engagement among the youth population.
B. Promote programs and procedures to ensure the health and satisfaction of the youth population.
A. C. Liaise between the police and other city departments to ensure a productive relationship of mutual understanding.
2.32.020 Composition and terms of officeappointment procedure.
The commission shall consist of eleven seven nine members consisting of:
A. Any resident of Seaside in grade six seven nine or higher, and under the age of twenty-one, is eligible to serve on the youth commission. A minimum of one commissioner shall be appointed by the city council from each of the following schools: Seaside High School, Monterey High School, King Middle School, Walter Colton Middle School Central Coast High School, and Cypress High School. The remaining members shall be at large.
B. At-large members shall be citizens of Seaside, and may be students at Monterey Peninsula College, or any of the schools identified in this section. Affiliation with a school is not a prerequisite for appointment as an at-large member.
C. Nomination of student candidates to the youth commission shall be made by the president of the student body of the school represented. The president may nominate him/herself, or any other member of the elected student body, provided said candidate is otherwise qualified to serve. If there are no student body representatives able or willing to serve on the commission, the president of the student body may nominate any qualified student for appointment.
The appointed members of the commission shall hold office for one year. The commission shall also include one nonvoting adult over the age of twenty-one years who shall act in a supporting capacity to the commission to facilitate the meetings and activities of the commission. (Ord. 787 § 1, 1991; Ord. 773 § 1 (Exh. A), 1990)
2.32.040 Power and dDuties.
The duties of the youth commission shall be to:
A. Advise and consult with the mayor, city council, and all city advisory bodies and city officials on matters pertinent to youth and the city;
Packet Page 341
Seaside Municipal Code
Chapter 2.32 YOUTH COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
B. Inform youth in the community of governmental activities, decisions and civic actions; C. Ensure, to the extent possible, that the various needs of the youth in the community are satisfied; D. Establish and maintain a positive relationship between police and youth by promoting better understanding of police duties and functions of the law enforcement process within the youth community; E. Provide an easily accessible channel of communication between police and youth so that complaints may be heard and acted upon;
F. Conduct workshops, seminars and rap sessions concerning the need for better understanding between individuals; G. Take appropriate measures to ensure the participation of all youth of the city so that a more humane society may evolve in the future. (Ord. 773 § 1 (Exh. A), 1990)
Packet Page 342
Seaside Municipal Code
Chapter 2.34 SPECIAL LICENSE AND PERMIT
BOARD
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.34
SPECIAL LICENSE AND PERMIT BOARDCOMMISSION
Sections:
2.34.010 Established – Composition.
2.34.020 Duties.
2.34.030 Rules and regulations.
2.34.040 License or permit – Issuance and denial.
2.34.050 License or permit – Revocation – Hearing procedure.
2.34.060 License or permit – Appeals.
2.34.010 Established – Composition.
There is established a special license and permit boardcommission, consisting of the city manager, police chief, fire chief, chief building official inspector and the planning director, or their designees ates. (Ord. 603 § 2, 1982; prior code § 5-303)
2.34.020 Duties.
The board commission shall promptly review all applications for licenses or permits which are expressly provided for under other provisions of this code. The board commission shall cause an investigation to be made with respect to each application received by it for the purpose of determining whether or not the standards applicable to the license or permit sought have been met. The board commission may approve a license or permit subject to reasonable conditions necessary to protect the health, safety, peace, morals, and general welfare of the public. (Ord. 603 § 2, 1982; prior code § 5-304)
2.34.030 Rules and regulations.
The board commission shall adopt rules governing procedure relating to its meetings and hearings on revocations of licenses or permits. The board commission may also adopt regulations setting forth standard conditions applicable to specific types of licenses or permits which are necessary to protect the health, safety, peace, morals and general welfare of the public. (Ord. 603 § 2, 1982; prior code § 5-305)
2.34.040 License or permit – Issuance and denial.
The boardcommission, upon a finding of a majority of its members that the standards governing issuance of a specific license or permit have been met, shall promptly issue the license or permit to the applicant, subject to reasonable conditions necessary to protect the health, peace, safety, morals, and general welfare of the public.
Otherwise, the license or permit shall be denied and written notice thereof shall promptly be transmitted to the applicant. (Ord. 603 § 2, 1982; prior code § 5-306)
2.34.050 License or permit – Revocation – Hearing procedure.
A. Any license or permit issued under this chapter may be revoked by the board commission at any time upon a finding of a majority of its members that any conditions of the license or permit have been violated or that any ground exists which would have been a ground for denial of the original license or permit or that the permittee or licensee has knowingly made a material misrepresentation in his application.
B. Prior to revocation of any license or permit, the board shall hold a hearing thereon.
C. Written notice of the hearing shall be transmitted to the licensee or permittee at least five days in advance thereof, and shall state the grounds upon which the proposed revocation is based. The licensee or permittee may present evidence at the hearing and may be represented by counsel.
D. If it appears at the hearing that the alleged violation is correctable, the board shall continue the license or permit, subject to appropriate conditions.
E. Within ten days following the hearing, the board shall notify the licensee or permittee in writing of its decision. (Ord. 603 § 2, 1982; prior code § 5-307)
Packet Page 343
Seaside Municipal Code
Chapter 2.34 SPECIAL LICENSE AND PERMIT
BOARD
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.34.060 License or permit – Appeals.
A. An applicant for, or licensee or permittee, may appeal any board commission decision by filing a written appeal along with a fee in accordance with the fee schedule on file in the City Hall with the city clerk not later than five days following receipt of written notice of the board’s decision.
B. The city clerk shall schedule the appeal for the next meeting of the city council.
C. The city council shall hear the appeal. The evidence presented shall be restricted to that presented to the board, unless the city council, by motion, holds a de novo hearing. (Ord. 603 § 2, 1982; prior code § 5-308) Packet Page 344
Seaside Municipal Code
Chapter 2.37 TRANSPORTATION ADVISORY
COMMITTEE
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.37
TRANSPORTATION TRAFFIC ADVISORY COMMITTEE
Sections:
2.37.010 Established – Composition.Creation.
2.37.011 Purpose and intent.
2.37.012 Composition and appointment procedure.
2.37.020 Term of office.
2.37.021 Filling of vacancies.
2.37.023 Removal from office.
2.37.030 Quorum and mMeetings.
2.37.040 Power and dDuties.
2.37.050 Staff support.
2.37.060 Annual report.
2.37.070 Work plan.
2.37.010 Established – Composition.Creation.
There is established a traffic advisory committee is hereby created to ensure the regulation of traffic laws and respond to traffic concerns brought forward by the public. to serve without compensation, consisting of one councilmember, who shall be the chairman, the director of public works, who shall be the vice-chairman, the chief of police, the director of community development, and the fire chief, or their designees. (Ord. 746 § 1, 1988)
2.37.011 Purpose and intent.
The purpose and intent of the traffic advisory committee is to provide a space for the public to express traffic concerns and complaints, regulate compliance with traffic laws, and ensure street and highway safety.
2.37.012 Composition and appointment procedure.
The commission shall be comprised of four members serve without compensation, consisting of one councilmember, who shall be the chairman, the director of public works, who shall be the vice-chairman, the chief of police, community development planning manager the director of community development, the fire chief and the fire chief, or their designees. (Ord. 746 § 1, 1988)
2.37.020 Term of office.
A. The councilmember shall be appointed for a two-year term by the mayor with the advice and consent of the city council.
B. The terms of the director of public works, chief of police, director of community development and fire chief shall be for the duration of, and concurrent with, their respective service in office. (Ord. 746 § 1, 1988)
2.37.021 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.37.022 Removal from office.
Commission members may be removed for any or no reason, at any time by the City Manager, except for the councilmember, who may be removed by majority vote of the city council. (Ord. 2003 § 2, 2021)
2.37.030 Quorum and mMeetings.
Three members shall constitute a quorum. Failure to achieve a majority vote of members present shall constitute a denial of the proposed action. Meetings shall be held at the call of the chairman or at such times as the committee may determine. All committee meetings shall be open to the public, and minutes thereof shall be maintained.The commission shall meet not less than bi-monthly, or when called by the chair. (Ord. 746 § 1, 1988) Packet Page 345
Seaside Municipal Code
Chapter 2.37 TRANSPORTATION ADVISORY
COMMITTEE
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.37.040 Power and dDuties.
The traffic advisory committee shall have the power to, and it shall be its duty to:
A. Bbe considered advisory to the city council, redevelopment agency, planning commission, or appropriate city departments. The committee is authorized and it shall have the duty:
BA. RTo review all requests for traffic safety regulatory or control devices, signs and markings, and to make studies and recommendations to the city council, planning commission or appropriate city department, with respect to all matters pertaining to traffic regulation, traffic circulation and traffic safety including traffic laws, parking and speed regulations, crosswalks, stop signs, traffic control devices and signals, street lights, school crossings, signing, pavement marking and other related matters;
CB. STo study any unsafe or malfunctioning traffic condition and to recommend solutions to such conditions; DC. ATo assist the staff, planning commission, redevelopment agency and city council in short- and long-range transportation planning within the city, including review of and recommendations concerning streets and highways master planning, capital improvement projects and related matters; ED. RTo review and answer complaints concerning traffic safety conditions; FE. PTo perform such other functions as the city council may request from time to time. (Ord. 746 § 1, 1988)
2.37.050 Staff support.
The Public Works Director and City Engineer, or the City Manager’s designee, shall serve as the staff liaisons for the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.37.060 Annual report.
The traffic advisory commission shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year.
2.37.070 Work plan.
Per the requirements of SMC 2.14.080, the traffic advisory commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.A.
TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: February 20, 2025
SUBJECT: DISCUSSION OF POTENTIAL USES OF ADDITIONAL WATER
ALLOCATION WITHIN THE BOUNDARIES OF THE MONTEREY
PENINSULA WATER MANAGEMENT DISTRICT
RECOMMENDATION
Receive the presentation and consider potential uses of water allocation within MPWMD.
BACKGROUND
Water is a scarce resource in the City of Seaside and its surrounding area. In 1995 the City of Seaside created a Water Allocation Program to manage the City's limited supplies of water. This Water Allocation Program allocates water to categories of land use development in order to ensure that the remaining water supplies are used to support development that will have the greatest community impact. Allocation of water to individual projects within the service area of the California American Water Service Company (Cal Am) is overseen by the Monterey Peninsula Water Management District (MPWMD). MPWMD has historically provided water allocations, which the City Council then allocates to various non-City uses. This water is then allocated to specific projects once those projects reach certain milestones.
The Pure Water Monterey project, which is a partnership between MPWMD and Monterey One Water, takes wastewater from the region from various sources and then recycles that water into potable water, thereby conserving water and reducing the need for "new" water. Due to the success of this project, additional water has become available for regional use. In January 2025, MPWMD approved an Ordinance to allocate additional water to local jurisdiction source by the Pure Water project by Monterey One Water. This will allocate an additional 21 acre feet per year (AFY) of water. The City Packet Page 347
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has the ability to allocate this water as it determines appropriate.
The purpose of this Staff Report and its accompanying presentation is to solicit input from the Council to direct staff as it performs the following tasks:
1) Prepare and submit for Council approval a revised water allocation table that takes into account the additional 21 AFY, and
2) Prepare and submit for Council recommendation a revised Ordinance to modify the manner in which water is allocated.
Water Allocations
The City's existing water comes from MPWMD via two separate allocation categories; the majority of the City's water allocation comes from the "Pre-Paralta" category, while a small amount is from the "Public Credit" category. Although there are some subtle differences between the two categories, those differences do not have any significant bearing on the items in this Report, except to note that historically the Public Credit has been held in reserve for use in public facility projects (such as the third trailer installed at City Hall). The existing allocations described in this Report have been made from the Pre-Paralta category.
The City Council last did a comprehensive water allocation in November of 2020 through Resolution 20-101. This Resolution allocated the City's remaining water as noted in Attachment 1 of this Report. At that time, the total amount of water remaining in the Pre-Paralta account was 33.549 AFY while the Public Credit was 1.144 AFY.
Since the water was originally allocated, the City has taken actions to allocate water to various projects. Community Development Department staff has been tracking these water allocations. The remaining water which has not been encumbered to any specific project is also identified in Attachment 1. As noted in the charts, the City has a remaining balance of about 12.656 AFY from its Pre-Paralta balance and 1.043 AFY from the Public Credit.
Following the adoption of MPWMD's Ordinance, the City will have an additional 21 AFY of water from the Pure Water Monterey project, which it may allocate as it deems appropriate. The existing Pre-Paralta and Public Credit Water Allocations will carry over and remain unchanged. Staff has reviewed potential uses for this new water and has the following recommendations for the use of this water:
1) Additional Accessory Dwelling Unit (ADU) Water. The City Council allocated 5 acre-feet of water for ADUs in November 2020. While not all water has been "finalized," the number of projects on the ADU waitlist is expected to be greater than the remaining water can support. In addition, the City's Housing Element has projected the creation of 112 ADUs during the current eight-year cycle to meet its Regional Packet Page 348
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Housing Needs Allocation (RHNA). To support the elimination of the ADU water waiting list as well as additional ADU construction in the future, staff recommends allocating an additional 3 AFY towards construction of new ADUs.
2) Campus Town Offsite Affordable Housing. The most recent Affordable Housing Agreement between the City and KBB Seaside Venture LP to provide affordable housing relating to the Campus Town Development includes provisions for off-site affordable housing. Some of this housing would be located at Victory Temple, which is located within the Seaside Municipal Water District and therefore is not subject to this allocation. However, the Agreement also provides that 23 moderate-income units could be built within the Cal Am service area. Assuming an average of 1.5 baths with highefficiency fixtures and a clothes washer for each unit, as well as additional water for landscaping, staff recommends that 2 AFY be allocated to support the construction of these units.
3) Low-Income Housing - RHNA. In addition to the units described above, the Housing Element includes requirements that a total of 66 very-low and low-income units, as well as 9 moderate income units, would need to be constructed in addition to those units expected to be part of the Campus Town development in order to meet the City's RHNA requirements. To ensure that these additional units have water available to support their construction, staff recommends that 6.5 AFY be allocated. 4) West Broadway Urban Village (WBUV). The water in this allocation category supports development and redevelopment in the area included in the West Broadway Urban Village Specific Plan. This water allocation assists staff when evaluating proposals to advise potential developers regarding the availability of water for projects in the area. As noted above, although the Council originally allocated 7.545 AFY, only
4.4838 AFY remains in the WBUV account. Staff recommends allocating 2.5 AFY to replenish the WBUV account.
5) Small Business Support. As noted in the Tables above, the Council initially allocated 5.656 AFY of water for small businesses. This water is used to support small business expansions and relocations; it also supports the reuse of existing buildings by enabling businesses with higher water usage to utilize underused spaces. While the account is not in immediate danger of being depleted, staff recommends allocating an additional 1.5 AFY to bolster supplies in this category. 6) Unallocated Reserve. It is unlikely that the projects defined above represent a complete picture of opportunities that may be available to the City in the future. For example, if the Water Board's Cease-and-Desist Order prohibiting the installation of new water meters is lifted, there would be many vacant or undeveloped lots of record which could be developed once a meter was installed. Opportunities related to economic development could also arise. Staff is therefore recommending that the remaining 5.5 AFY remain in an unallocated reserve.
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Staff requests Council feedback regarding these proposed allocations. Staff will return to Council with a Resolution following this feedback.
Ordinance Modifications
Water allocations within the Cal Am service area are regulated by Chapter 13.24 of the Municipal Code. This Chapter details the processes and procedures followed when requests for water allocations are considered.
Staff suggests that the following modifications to the Ordinance be considered:
1) Order of Permit Reviews. The current Ordinance (Section 13.24.020) states that applications for water should be considered prior to submittal and review of other permit applications such as Use Permits. However, as a matter of practice, City staff processes the applications prior to taking final action on water permits. This allows for staff to examine a project and, if appropriate, take it to the applicable review authority (such as the Planning Commission) prior to allocating water. Once allocated, the City would need to engage with the water district to "claw back" the water if the project is not approved or does not move forward. Therefore, staff's recommendation is to modify the language of the Ordinance to align with the current practice of allocating water prior to Building Permit issuance.
2) Standardize Processing Procedures. Currently, the different categories of allocated water have different approval processes. Water for ADUs is provided on a first-come, first-serve basis. Water for small commercial projects is dependent on a scoring system and is reviewed by a three-member Water Allocation Committee (WAC) consisting of members of the Public Works Department, Community Development Department, and Office of the City Manager. Other categories of water are allocated to individual projects at the discretion of the City Council. Staff recommends that staff and/or the WAC be given authority to allocate water for low-income housing and the auto center.
3) Provide Flexibility in Allocations. Currently, small businesses seeking a water allocation are required to score a minimum of 20 points (out of 33 possible) on a rubric looking at revenue generation, jobs created, location, blight removal, and business retention. Businesses that are unable to score that many points are ineligible to receive water. In practice, very small new businesses seeking to relocate usually struggle to meet the point thresholds, especially off major thoroughfares, even when their potential water demands are miniscule. Staff recommends modifying the system to maintain a point system but to use those point to determine the maximum amount of water to be allocated, rather than to determine eligibility. Staff also recommends establishing similar point or evaluation systems for other water permit categories.
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4) Update Water Allocation Categories. The current Ordinance makes references to categories of water uses, such as Institutional, that are no longer applicable, while not referencing several other categories such as the auto center or WBUV. Staff recommends updating the allowable categories to provide for more flexibility when identifying potential uses for water.
5) Eliminate Fee for ADU Water Permits. The statute includes language establishing a fee for ADUs receiving water unless the unit is designated as affordable.
The intention of this program was to incentivize builders to deed-restrict ADUs as affordable housing. However, the program has not been effective. Staff recommends eliminating the fee for water permits for ADUs and also eliminating references to the program.
6) Revise Language Regarding Appeals. Staff recommends revising language relating to appeals to more closely align with appeals processes for other permit types.
Staff intends to return to the Council at a future date with proposed revisions to the Ordinance based upon feedback received.
FISCAL IMPACT
This Item is for discussion purposes only and would not have any fiscal impact.
ATTACHMENTS
1. Water Allocation Discussion Attachment 1 2025-02-20
2. Water Allocation Discussion Attachment 2 2025-02-20
Reviewed for Submission to the City Council by:
________________________________________
Dan Meewis, Interim City Manager
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Attachment 1
Summary of Existing Water Allocation Assignments for
the City of Seaside
As last adopted by Council November 2020
Allocation
Projects Location AFY
Broadway Catalyst Alhambra to Hillsdale 0.000
Ascent (Sea Grove) Broadway Ave and Terrace St 11.746
Auto Center Properties
Del Monte to Fremont, North of
Olympia and south of Auto Center
Parkway
3.602
WBUV West Broadway Study Area 7.545
Small Commercial Allocation
Account MPWMD Coverage Area 5.656
ADU Water Allocation Citywide 5.000
Public Credit* 1.144
Total remaining (Pre-Paralta): 33.549
*Public Credit not included in total
Remaining Balances in Accounts
Remaining
Allocation
Projects Location AFY
Ascent (Sea Grove) Broadway Ave and Terrace St 0.000
Auto Center Properties
Del Monte to Fremont, North of
Olympia and south of Auto Center
Parkway
3.602
WBUV West Broadway Study Area 4.4838
Small Commercial Allocation
Account MPWMD Coverage Area 4.101
ADU Water Allocation Citywide 0.000
Water "Refund" from Seaside Muni
May 2023 Unallocated
0.469
Public Credit* 1.043
Total remaining (Pre-Paralta): 12.656
*Public Credit not included in total
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Attachment 2
Proposed Water Allocation Assignments With Pure Water Monterey Allocation Remaining Water Credits
Projects Location Pre-Paralta Public
Credit PWM Total
Ascent (Sea Grove) Broadway Ave and Terrace St - - - 0.000 Auto Center
Properties
Del Monte to Fremont, North of Olympia and
south of Auto Center Parkway 3.602 - - 3.602
WBUV West Broadway Study Area 4.4838 - 2.5 6.984
Small Commercial
Allocation Account Cal Am Service Area 4.101 - 1.5 5.601 ADU Water Allocation Cal Am Service Area 0.000 - 3.0 3.000 CampusTown Offsite
Affordable Housing Cal Am Service Area - - 2.0 2.000
Affordable Housing -
RHNA Cal Am Service Area - - 6.5 6.500
Unallocated Reserve Unallocated 0.469 - 5.5 5.969
Public Credit - 1.043 - 1.043
Total 12.656 1.043 21.000 34.699
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.B.
TO: City Council
FROM: Daniel Meewis, Interim City Manager
BY: Sheri Damon, City Attorney
DATE: February 20, 2025
SUBJECT: APPROVE AMENDMENTS TO THE RESOLUTION REGARDING
THE DESIGNATION AS A SANCTUARY CITY
RECOMMENDATION
Consider and approve amendments to the Sanctuary City resolution.
BACKGROUND
On or about March 29, 2017, the City adopted Resolution 17-25 which addressed President Trump's January 2017 Executive Orders titled "Enhancing Public Safety in the Interior of the United States” and “Border Security and Immigration Enforcement Improvements”. Resolution 17-25 declared Seaside a sanctuary city and adopted a series of operational measures to preserve Seaside's commitment to protecting and preserving the rights and dignity of all of its residents while complying with federal law.
The resolution focused on the rich history of Seaside and the patriotism and diversity of the military personnel who passed through Fort Ord while protecting our country's freedoms. Thirty percent of Seaside residents (nearly three times the national average) are foreign-born, and from this beautiful beachhead of diversity and inclusion, of dreams and aspirations.
Since the adoption of Resolution 17-25 in 2017, there have been significant changes in both state and federal policies regarding immigration enforcement. At the state level, California has continued to strengthen its commitment to protecting immigrant communities, while at the federal level, the Trump administration has implemented new measures to enforce immigration laws.
State-level Updates
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California has maintained its status as a sanctuary state, with SB54 remaining the cornerstone of this commitment. Additional legislation has been passed to further support undocumented individuals and immigrant communities:
SB104: Expanded Medi-Cal eligibility for undocumented individuals.
AB699: Created safe spaces on school grounds.
AB450: Restricted access to employee records or workplaces without proper judicial authorization.
California Dream Act (AB 130 & 131): Made state financial aid available for eligible undocumented students.
TRUST Act (AB4): Limited cooperation between local law enforcement and ICE in cases involving non-serious offenses.
Federal-level Updates
President Trump took office for his second term on January 20, 2025, and immediately signed several executive orders related to immigration enforcement4. These orders include:
Enhancing Public Safety in the Interior of the United States Border Security and Immigration Enforcement Improvements These executive orders reaffirm the administration's commitment to enforcing federal immigration laws and potentially withholding federal funding from sanctuary jurisdictions.
Seaside Updates
Since the adoption of Resolution 17-25, Seaside has:
Modified its operational policies to reflect the city values Adopted Resolution 22-xx supporting reproductive freedoms; Adopted policies and resolutions supporting the diverse heritage of the City's residents Continued its policing policies reflective of the values and requirements of Resolution 17-25;
Seaside’s Current Policies
Seaside's existing operational policies fully address the collective provisions of all state legislative laws. SPD does not take part in civil immigration sweeps. Immigration enforcement is a federal activity, not a local law enforcement responsibility. In particular, the police department does not does not have legal authority or training to engage in such enforcement. Seaside Police Officers swear an oath to the Constitution that was forged as that long march to liberty began. They carry out their daily duties with diligence, dignity and honor, in partnership with the community they serve. They Packet Page 355
Item No. 10.B. Page 3 of 3
do so without discrimination to race, ethnicity, national origin or immigration status.
In the case of Seaside, federal funding averages over the past two years an average of $1.4 million in federal funding, the bulk of which in any typical year includes passthrough via the Presidio of Monterey Base Operations and Maintenance Contract, the services provided by the ESCA team related to the transfer and reuse of the former Fort Ord lands and CDBG Block Grant funds. However, in FY 21-22, the City received $10.9 million in federal funding largely due to $9 million received for ARPA funding.
Amendments to Resolution 17-25
Given these developments, the attached updates Resolution 17-25 in the following areas:
Updates the legislative adoptions that have occurred since 2017 and reaffirms Seaside’s commitment to sanctuary status;
Emphasizes and prioritizes community safety for all residents regardless of immigration status;
Reiterates that immigration enforcement is a federal responsibility, not a local law enforcement duty;
Reiterates, Seaside’s ongoing operational policies conform with both state laws and the city’s values while complying with federal law
By incorporating these updates, Seaside can demonstrate its ongoing commitment to protecting and preserving the rights and dignity of all its residents while adapting to the evolving legal and political landscape surrounding immigration enforcement.
FISCAL IMPACT
No immediate, however, potential financial impact from loss of or delays in federal funding due to identification as a sanctuary city
ATTACHMENTS
1. Resolution
2. Revisions to Resolution 17-25 -redline
Reviewed for Submission to the City Council by:
________________________________________
Dan Meewis, Interim City Manager
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1 Meeting Date: 02/20/25
Item #: X.X.
RESOLUTION NO. 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEASIDE
DECLARING SEASIDE A SANCTUARY CITY
WHEREAS, the United States of America was founded to secure life, liberty and the pursuit of happiness; and
WHEREAS, every signatory to the Declaration of Independence and United States Constitution was either foreign-born or descended from immigrants; and WHEREAS, the United States of America's success has been founded on and sustained by successive waves of immigrants who leave all they and their families have ever known to secure the blessings of liberty and personal industriousness in a nation ever stronger for their contributions to it; and
WHEREAS, while immigration law and policy is a clearly federal responsibility which the City of Seaside has previously urged the President of the United States and Congress to comprehensively reform with Resolution 2013-31, the long march of liberty, begun at Lexington and Concord in 1775, has and will always be fought by citizens in our nation' s cities, towns and villages; and
WHEREAS, the California Values Act (SB 54), signed into law on October 5, 2017, and effective January 1, 2018, is the cornerstone of California's sanctuary state policies that protect the rights of all individuals in California by limiting local law enforcement cooperation with federal immigration; creating safe spaces, requiring judicial warrants; prohibitions on Federal commandeering while creating exceptions for serious offenses; and
+
WHEREAS, the City of Seaside adopted Resolution 17-25 which addresses the requirements of the California Values Act and has been following said policies since the date of adoption on March 29, 2017; and
WHEREAS, since the adoption of Resolution 17-25, California has continued to demonstrate its commitment to supporting undocumented individuals and immigrant communities through progressive legislative measures aimed at ensuring access to essential services, education, and protections; and
WHEREAS, Senate Bill 104 (SB 104) expands Medi-Cal eligibility to undocumented young adults under the age of 26, providing access to comprehensive healthcare services regardless of immigration status, thereby promoting public health and equity; and
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WHEREAS, Assembly Bill 699 (AB 699) establishes protections for immigrant students and their families by limiting Immigration and Customs Enforcement (ICE) activities on school grounds, ensuring that schools remain safe spaces for learning free from fear of intimidation or deportation; and
WHEREAS, Assembly Bill 450 (AB 450) prohibits employers from voluntarily cooperating with ICE by restricting access to employee records or workplaces without proper judicial authorization, safeguarding the rights and privacy of workers; and WHEREAS, the California Dream Act, through Assembly Bills 130 and 131 (AB 130 and AB 131), enables eligible undocumented students to receive financial aid, including non-state-funded scholarships and state-funded grants such as Cal Grants, thereby expanding access to higher education opportunities; and WHEREAS, the TRUST Act (AB 4) limits cooperation between local law enforcement agencies and ICE in cases involving non-serious offenses, fostering trust between immigrant communities and law enforcement while upholding due process rights; and
WHEREAS, the building of a welcoming community is fundamental to a vibrant and inclusive City of Seaside, assuring immigrants, refugees, and other newcomers opportunities for economic security, empowerment, civic engagement, safety and freedom from discrimination, oppression and violence; and WHEREAS, the City of Seaside has proudly served as a waypoint in America's long march of freedom as both a notably inclusive community, welcoming Rev. Martin Luther King Jr., and serving as home to Fort Ord, America' s first integrated military base; and
WHEREAS, the 1.7 million soldiers trained at Fort Ord included immigrants, deployed to every comer of the globe over the life of the base, ably serving this nation and inspiring freedom seekers everywhere as a unifying force of personal liberty and constitutional democracy, without regard to race, ethnicity or nation of origin; and WHEREAS, the City of Seaside's unique contributions to America's long march of freedom are such that is a wonderfully distinctive sanctuary of inclusion and diversity; a community with thirty percent of its citizenry foreign-born; a community pulsing with the hardwork and ambition of first and second generation Americans; a community blessed with veterans who've worn the flag of freedom on their uniforms; and WHEREAS, the City of Seaside recognizes the rights and dignity of women, LGBTQ+ individuals, transgender people, and all marginalized groups, and is committed to providing a safe and inclusive environment for all residents; and Packet Page 358
WHEREAS, DACA recipients, often referred to as Dreamers, have grown up in our communities, contributed to our economy, and deserve protection from deportation; and
WHEREAS, while the Seaside Police Department specifically adheres to 8 U.S.
Code 1373, it does not, nor is it prepared to, nor is it authorized to, serve as a federal police force for immigration purposes; and
WHEREAS, the Seaside Police Department' s mission is "to provide quality police services, in partnership with our community, to enhance and maintain a safe environment"; and
WHEREAS, while respecting the federal government’s primary responsibility for immigration law, policy and enforcement, the maintenance of a safe environment is a primary City responsibility, and one that can only be secured with absolute trust between its Police Department and citizens including immigrant residents it serves and comes into contact with, and that trust is threatened when local agencies are involved in immigration enforcement; and
WHEREAS, the current federal administration’s executive orders and policies have caused uncertainty, division and fear, all of which are counter-productive to the maintenance of a safe environment within the City of Seaside, and many Seaside residents have deep concerns about the potential policies and actions by the new federal administration, it is appropriate and necessary for the City Council of Seaside to affirmatively state the City's principles and direct the City's policies; and WHEREAS, it is important to make clear that we are one community in Seaside, and all of our children, mothers, fathers, sisters and brothers, regardless of immigration status, contribute to the social and economic fabric of this city; and WHEREAS, a strong community is one that includes people of all backgrounds and invests in all of its people; and
WHEREAS, it is self-evident that the politics of division and fear are themselves counter-productive to the long march of liberty and freedom on which the United States was founded and has long endured.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby confirm and proclaim Seaside to be a Sanctuary City; and BE IT FURTHER RESOLVED, that Seaside is a sanctuary for inclusion, diversity, personal industry and the rule of law, consistent with the founding ideals and documents of this long great nation; and
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BE IT FURTHER RESOLVED, that the City Council declares Seaside to be a Sanctuary City in honor of the nearly two million soldiers who trained at Fort Ord and went on to valiantly defend the blessings of liberty anywhere they were threatened; and BE IT FURTHER RESOLVED, that Seaside Police Officers, sworn to uphold the U.S. Constitution against all enemies, foreign and domestic, continue to act in accordance with 8 U.S. Code 1373 as they continue to serve on the front lines of public safety; andBE IT FURTHER RESOLVED, that the City of Seaside shall not use any city resources, including personnel, facilities, or funds, to assist in the enforcement of federal immigration law, unless such assistance is required by federal or state statute, regulation, or court decision; and
BE IT FURTHER RESOLVED, that the City of Seaside prohibits discrimination based on sexual orientation, gender identity, gender expression, race, ethnicity, national origin, religion, or any other protected characteristic in all city services, employment, and contracting; and
BE IT FURTHER RESOLVED, that the City of Seaside shall work with local school districts to ensure that all students, regardless of immigration status, have access to education without fear of immigration enforcement on school grounds; and BE IT FURTHER RESOLVED, that the Seaside Police Department continue to build trust within the community by refraining from asking or recording information regarding immigration status or nation of origin in routine police interactions; and BE IT FURTHER RESOLVED, that City staff review confidentiality policies to ensure that eligible individuals are not deterred from seeking services or otherwise engaging in the civic life of the community based on immigration status or nation of origin; and
BE IT FURTHER RESOLVED, that no agreement under federal executive order or policy, wherein City of Seaside personnel would contractually undertake immigration enforcement activities on behalf of the Department of Homeland Security, shall be entered into without the specific approval of the Seaside City Council; and BE IT FURTHER RESOLVED, that, consistent with law and respecting federalism as a foundational matter, no City of Seaside funds, facilities, equipment or personnel shall be directed to federal immigration enforcement activities except if legally mandated by court order or warrant or state law; and
BE IT FURTHER RESOLVED, that, consistent with law, Seaside Police Officers Packet Page 360
shall require a judicial warrant prior to detaining an individual based solely on immigration status or in any manner prolonging the detention of an individual based solely on immigration status at the request of U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP); and BE IT FURTHER RESOLVED, that the Seaside City Council requests ICE and CBP personnel to be clearly identified while working within City limits and further requests ICE and CBP personnel refrain from any custodial actions within necessary and sensitive public areas of the community including, schools, parks, libraries, local public buildings or places of worship; and
BE IT FURTHER RESOLVED, that the Seaside City Council restates its request that the President of the United States and Congress undertake comprehensive immigration reform, consistent with the inclusive ideals of the nation, and honoring the commitment, hard-work and bravery of all immigrants yearning to build bright and law-abiding futures for families under the blessings of American liberty.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 20th day of February, 2025, 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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Meeting Date: 02/20/25
Item #: X.X.
+RESOLUTION NO. 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEASIDE SEASIDE
DECLARING SEASIDE A SANCTUARY CITY
WHEREAS, the United States of America was founded to secure life, liberty and the pursuit of happiness; and
WHEREAS, every signatory to the Declaration of Independence and United States Constitution was either foreign-born or descended from immigrants; and WHEREAS, the United States of America's success has been founded on and sustained by successive waves of immigrants who leave all they and their families have ever known to secure the blessings of liberty and personal industriousness in a nation ever stronger for their contributions to it; and
WHEREAS, while immigration law and policy is a clearly federal responsibility which the City of Seaside has previously urged the President of the United States and Congress to comprehensively reform with Resolution 2013-31, the long march of liberty, begun at Lexington and Concord in 1775, has and will always be fought by citizens in our nation' s cities, towns and villages; andWHEREAS, the California Values Act (SB 54), signed into law on October 5, 2017, and effective January 1, 2018, is the cornerstone of California's sanctuary state policies that protect the rights of all individuals in California by limiting local law enforcement cooperation with federal immigration; creating safe spaces, requiring judicial warrants, prohibitions on Federal commandeering while creating exceptions for serious offenses; and
WHEREAS, the California Values Act (SB 54), signed into law on October 5, 2017, and effective January 1, 2018, is the cornerstone of California's sanctuary state policies that protect the rights of all individuals in California by limiting local law enforcement cooperation with federal immigration; creating safe spaces, requiring judicial warrants; prohibitions on Federal commandeering while creating exceptions for serious offenses; and
+
WHEREAS, the City of Seaside adopted Resolution 17-25 which addresses the requirements of the California Values Act and has been following said policies since the date of adoption on March 29, 2017; and
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WHEREAS, since the adoption of Resolution 17-25, California has continued to demonstrate its commitment to supporting undocumented individuals and immigrant communities through progressive legislative measures aimed at ensuring access to essential services, education, and protections; and
WHEREAS, Senate Bill 104 (SB 104) expands Medi-Cal eligibility to undocumented young adults under the age of 26, providing access to comprehensive healthcare services regardless of immigration status, thereby promoting public health and equity; and
WHEREAS, Assembly Bill 699 (AB 699) establishes protections for immigrant students and their families by limiting Immigration and Customs Enforcement (ICE) activities on school grounds, ensuring that schools remain safe spaces for learning free from fear of intimidation or deportation; and
WHEREAS, Assembly Bill 450 (AB 450) prohibits employers from voluntarily cooperating with ICE by restricting access to employee records or workplaces without proper judicial authorization, safeguarding the rights and privacy of workers; and WHEREAS, the California Dream Act, through Assembly Bills 130 and 131 (AB 130 and AB 131), enables eligible undocumented students to receive financial aid, including non-state-funded scholarships and state-funded grants such as Cal Grants, thereby expanding access to higher education opportunities; and WHEREAS, the TRUST Act (AB 4) limits cooperation between local law enforcement agencies and ICE in cases involving non-serious offenses, fostering trust between immigrant communities and law enforcement while upholding due process rights; and
WHEREAS, the building of a welcoming community is fundamental to a vibrant and inclusive City of Seaside, assuring immigrants, refugees, and other newcomers opportunities for economic security, empowerment, civic engagement, safety and freedom from discrimination, oppression and violence; and WHEREAS, communities serving as waypoints on America' s long march of liberty include human rights and consent of the governed at Gettysburg, worker' s rights at Pullman in Chicago, civil rights in Selma, ag workers' rights in Delano, and gay rights at Stonewall in New York; and
WHEREAS, the City of Seaside has proudly served as a waypoint in America's long march of freedom as both a notably inclusive community, welcoming Rev. Martin Luther King Jr., and serving as home to Fort Ord, America' s first integrated military Packet Page 363
base; and
WHEREAS, the 1.7 million soldiers trained at Fort Ord included immigrants, deployed to every comer of the globe over the life of the base, ably serving this nation and inspiring freedom seekers everywhere as a unifying force of personal liberty and constitutional democracy, without regard to race, ethnicity or nation of origin; and WHEREAS, the City of Seaside's unique contributions to America' s long march of freedom are such that is a wonderfully distinctive sanctuary of inclusion and diversity; a community with thirty percent of its citizenry foreign-born; a community pulsing with the hardwork and ambition of first and second generation Americans; a community blessed with veterans who've worn the flag of freedom on their uniforms; andWHEREAS, the City of Seaside recognizes the rights and dignity of women, LGBTQ+ individuals, transgender people, and all marginalized groups, and is committed to providing a safe and inclusive environment for all residents; and WHEREAS, DACA recipients, often referred to as Dreamers, have grown up in our communities, contributed to our economy, and deserve protection from deportation; and
WHEREAS, while respecting the federal government's primary responsibility for immigration law, policy and enforcement, a fundamental precept of local public safety is a foundational sense of trust between local police forces and the citizens they serve; and
WHEREAS, while the Seaside Police Department specifically adheres to 8 U.S.
Code 1373, it does not, nor is it prepared to, nor is it authorized to, serve as a federal police force for immigration purposes; and
WHEREAS, the Seaside Police Department' s mission is "to provide quality police services, in partnership with our community, to enhance and maintain a safe environment"; and
WHEREAS, while respecting the federal government’s primary responsibility for immigration law, policy and enforcement, the maintenance of a safe environment is a primary City responsibility, and one that can only be secured with absolute trust between its Police Department and citizens including immigrant residents it serves and comes into contact with, and that trust is threatened when local agencies are involved in immigration enforcement; and
WHEREAS, as Executive Order 13768 hthe current federal administration’s executive orders and policies have as caused uncertainty, division and fear, all of which are counter-productive to the maintenance of a safe environment within the City of Seaside, and many Seaside residents have deep concerns about the potential policies Packet Page 364
and actions by the new federal administration, it is appropriate and necessary for the City Council of Seaside to affirmatively state the City's principles and direct the City's policies; and
WHEREAS, it is important to make clear that we are one community in Seaside, and all of our children, mothers, fathers, sisters and brothers, regardless of immigration status, contribute to the social and economic fabric of this city; and WHEREAS, a strong community is one that includes people of all backgrounds and invests in all of its people; and
WHEREAS, it is self-evident that the politics of division and fear are themselves counter-productive to the long march of liberty and freedom on which the United States was founded and has long endured.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby confirm and proclaim Seaside to be a Sanctuary City; and BE IT FURTHER RESOLVED, that Seaside is a sanctuary for inclusion, diversity, personal industry and the rule of law, consistent with the founding ideals and documents of this long great nation; and
BE IT FURTHER RESOLVED, that the City Council declares Seaside to be a Sanctuary City in honor of the nearly two million soldiers who trained at Fort Ord and went on to valiantly defend the blessings of liberty anywhere they were threatened; and BE IT FURTHER RESOLVED, that Seaside Police Officers, sworn to uphold the U.S. Constitution against all enemies, foreign and domestic, continue to act in accordance with 8 U.S. Code 1373 as they continue to serve on the front lines of public safety; andBE IT FURTHER RESOLVED, that the City of Seaside shall not use any city resources, including personnel, facilities, or funds, to assist in the enforcement of federal immigration law, unless such assistance is required by federal or state statute, regulation, or court decision; and
BE IT FURTHER RESOLVED, that the City of Seaside prohibits discrimination based on sexual orientation, gender identity, gender expression, race, ethnicity, national origin, religion, or any other protected characteristic in all city services, employment, and contracting; and
BE IT FURTHER RESOLVED, that the City of Seaside shall work with local school districts to ensure that all students, regardless of immigration status, have access to education without fear of immigration enforcement on school grounds; and Packet Page 365
BE IT FURTHER RESOLVED, that the Seaside Police Department continue to build trust within the community by refraining from asking or recording information regarding immigration status or nation of origin in routine police interactions; and BE IT FURTHER RESOLVED, that City staff review confidentiality policies to ensure that eligible individuals are not deterred from seeking services or otherwise engaging in the civic life of the community based on immigration status or nation of origin; and
BE IT FURTHER RESOLVED, that no agreement under Section 8(b) of Executive Order 13768 under federal executive order or policy, wherein City of Seaside personnel would contractually undertake immigration enforcement activities on behalf of the Department of Homeland Security, shall be entered into without the specific approval of the Seaside City Council; and
BE IT FURTHER RESOLVED, that, consistent with law and respecting federalism as a foundational matter, no City of Seaside funds, facilities, equipment or personnel shall be directed to federal immigration enforcement activities except if legally mandated by court order or warrant or state law; under Executive Order 13768; and BE IT FURTHER RESOLVED, that, consistent with law, Seaside Police Officers shall require a judicial warrant prior to detaining an individual based solely on immigration status or in any manner prolonging the detention of an individual based solely on immigration status at the request of U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP); and BE IT FURTHER RESOLVED, that the Seaside City Council requests ICE and CBP personnel to be clearly identified while working within City limits and further requests ICE and CBP personnel refrain from any custodial actions within necessary and sensitive public areas of the community including, schools, parks, libraries, local public buildings or places of worship; and
BE IT FURTHER RESOLVED, that the Seaside City Council restates its request that the President of the United States and Congress undertake comprehensive immigration reform, consistent with the inclusive ideals of the nation, and honoring the commitment, hard-work and bravery of all immigrants yearning to build bright and law-abiding futures for families under the blessings of American liberty.-
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 20th day of February, 2025, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
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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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