Seaside City Council
April 17, 2025

Any damages accruing to the City as a result of a proposer’s failure or refusal to execute a contract with the City, if awarded the contract, may be recovered from the Contractor. The requirements of Request for Proposals Dated October 3, 2022, on file at the Department of Public Works – Engineering Division, 110 S.

Pine Street, Ste. 221, Seaside, CA are hereby incorporated by reference.

2.11 Negotiations
The City of Seaside reserves the right to negotiate all elements which comprise the proposal to ensure the best possible consideration for all concerned.

2.12 Proposal Format
Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit a complete proposal in the required format shall be considered non-responsive.

A. Letter of transmittal
B. Table of contents
C. Project understanding
D. Scope of work
E. Relevant experience
F. Proposed Financial Details of program
Packet Page 188
[project name]
Rev. Page 18 of COS Non-Construction
City of Seaside
Public Works Infrastructure Asset Data Collection Services SECTION 3

AGREEMENT
Packet Page 189
[project name]
Rev. Page 19 of COS Non-Construction
City of Seaside
Public Works Infrastructure Asset Data Collection Services

CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT FOR

NON- CONSTRUCTION PROJECT
[INSERT PROJECT TITLE]
This PROFESSIONAL SERVICE AGREEMENT (PSA) FOR NON-CONSTRUCTION PROJECT (“AGREEMENT”), is made and effective AS OF [insert date] between the City of Seaside ("AGENCY"), a municipal corporation and [insert consultant], [a sole proprietorship, partnership, limited liability partnership, corporation] ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This AGREEMENT shall commence on [insert date] are completed, but in no event later than [insert date] unless sooner terminated pursuant to the provisions of this AGREEMENT.

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

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

III. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein.

CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

IV. AGENCY MANAGEMENT
Agency’s City Manager or his/her designee shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to CONSULTANT. Agency’s Manager shall be authorized to act on AGENCY's behalf and to execute all necessary documents which enlarge the Packet Page 190
[project name]
Rev. Page 20 of COS Non-Construction
City of Seaside
Public Works Infrastructure Asset Data Collection Services Tasks to Be Performed or change CONSULTANT's compensation, subject to Section 5 hereof.

V. PAYMENT
A. The AGENCY agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed [total amount of contract--$$$] for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

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

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

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.

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

B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the AGENCY. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the AGENCY pursuant to Section 5.

Packet Page 191
[project name]
Rev. Page 21 of COS Non-Construction
City of Seaside
Public Works Infrastructure Asset Data Collection Services VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.

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

VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by AGENCY that relate to the performance of services under this AGREEMENT.

CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of AGENCY or its designees at reasonable times to such books and records; shall give AGENCY the right to examine and audit said books and records; shall permit AGENCY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, Packet Page 192
[project name]
Rev. Page 22 of COS Non-Construction
City of Seaside
Public Works Infrastructure Asset Data Collection Services compiling, transferring, and printing computer files.

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

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

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

XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the AGENCY a wholly independent consultant and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.

Packet Page 193
[project name]
Rev. Page 23 of COS Non-Construction
City of Seaside
Public Works Infrastructure Asset Data Collection Services Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.

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

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

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

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

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

Packet Page 194
[project name]
Rev. Page 24 of COS Non-Construction
City of Seaside
Public Works Infrastructure Asset Data Collection Services XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without AGENCY's prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the AGENCY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives AGENCY notice of such court order or subpoena.

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

Packet Page 195
[project name]
Rev. Page 25 of COS Non-Construction
City of Seaside
Public Works Infrastructure Asset Data Collection Services XVI. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service,
(ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or
(iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To AGENCY: City of Seaside
440 Harcourt Ave
Seaside Ca, 93955
To CONSULTANT: [name]
[address]
[city/state/zip code]
XVII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the AGENCY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. [consultant name] may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide AGENCY fourteen (14) days' notice prior to the departure of [Insert name] from CONSULTANT's employ. Should he/she leave CONSULTANT's employ, the AGENCY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the CONSULTANT.

Before retaining or contracting with any CONSULTANT for any services under this AGREEMENT, CONSULTANT shall provide AGENCY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such sub-consultant which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance.

Packet Page 196
[project name]
Rev. Page 26 of COS Non-Construction
City of Seaside
Public Works Infrastructure Asset Data Collection Services XVIII. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT.

XIX. GOVERNING LAW
The AGENCY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement. Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY.

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

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

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

Packet Page 197
[project name]
Rev. Page 27 of COS Non-Construction
City of Seaside
Public Works Infrastructure Asset Data Collection Services IN WITNESS WHEREOF, the parties hereto have
caused this AGREEMENT to be executed the day
and year first above written.

CONSULTANT
By: __________________________
(signature)
_______________________________
Name of Consultant
_______________________________
(name)
(City Manager)
(City of Seaside)
Attachments:

Exhibit A - Proposal
Exhibit B – Payment
Exhibit C - Insurance Requirements
Packet Page 198
City of Seaside
Public Works Infrastructure Asset Data Collection Services EXHIBIT “A”

SCOPE OF SERVICES
Consultant hereby agrees to provide to the City of Seaside, as the scope of services under this Agreement, the services described on City’s Request for Proposal for OnCall Civil Engineering and Surveying Professional Services dated ______ (Exhibit “D”) which outlines the scope of services and work under this contract, and the approved Consultant’s Proposal dated [insert date] (Exhibit “E”).

During the course of this Agreement, the City will identify tasks and ask the Consultant to prepare a task proposal which, at a minimum, will include: scope of work, “not-toexceed” cost, and schedule. Additional tasks will be assigned as new exhibits to this contract, with each new task being sequentially as Exhibit A1, A2, A3, etc.

No Task may be assigned under this contract unless that project has been separately budgeted for and approved by the City Council. The City is under no obligation to expend any funds under this Contract unless it determines it is in the City’s best interest to do so. The City is under no obligation to utilize the prequalification list for any particular project and may instead seek services for that project pursuant to the City’s purchasing guidelines. When work is performed pursuant to the prequalification list established by this RFP and this Agreement, work will be performed on a rotating basis among the pre-qualified consultants, based on consultants’ availability.

A Notice to Proceed will be issued by the City for each task under this Agreement. In case of any conflicting terms it is the express intent of the parties hereto that the order of precedence and controlling language shall be as follows:
1) this Agreement;
2) the City’s Request for Proposal);
3) the Consultant’s proposal.

Packet Page 199
City of Seaside
Public Works Infrastructure Asset Data Collection Services EXHIBIT “B”

PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not-to- exceed cost of $500,000 per contract and $75,000 per assigned task.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Assigned Task based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subConsultants, and other direct costs incurred.

III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum “not-to-exceed” cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A" or any Assigned Task.

Packet Page 200
City of Seaside
Public Works Infrastructure Asset Data Collection Services EXHIBIT “C”

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

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

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

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

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

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

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

Packet Page 201
City of Seaside
Public Works Infrastructure Asset Data Collection Services Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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

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

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

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

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

Packet Page 202
City of Seaside
Public Works Infrastructure Asset Data Collection Services Agency’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONSULTANT or AGENCY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, AGENCY may cancel this AGREEMENT.

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

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

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

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

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

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

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

Packet Page 203
City of Seaside
Public Works Infrastructure Asset Data Collection Services Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing.

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

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

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

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

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

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

Packet Page 204

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.N.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Samantha Alcaraz, Human Resources Director/Risk Manager DATE: April 17, 2025
SUBJECT: ADOPT A RESOLUTION OF THE ADMINISTRATIVE ANALYST II

POSITION ASSIGNED TO THE ENVIRONMENTAL SERVICES

COOPERATIVE AGREEMENT (ESCA) TO BE RETURNED AND

ADDED TO THE UNCLASSIFIED COMPENSATION PLAN AS THE

PROGRAM COORDINATOR (ESCA) POSITION AND MODIFY THE

POSITION ALLOCATION LIST TO REFLECT THE CHANGES

RECOMMENDATION
Approve the modification of the Position Allocation List and Compensation Plan to reflect the changes.

BACKGROUND
In June of 2020, the City of Seaside assumed responsibility for the Environmental Services Cooperative Agreement (ESCA) duties as well as the ESCA property Land Use Control (LUC) implementation from the Fort Ored Reuse Authority (FORA). On September 2, 2021, City Council approved the modified position allocation list to change the title of Program Coordinator (ESCA) to Administrative Analyst II.

After three years of supervising the program, the City Attorney and ESCA Director recommend the return of the original title and job description to accurately reflect the incumbent job requirements, knowledge, and skills. The position requires significant and substantial GIS support using the munition and explosives of concern data as well as parcel data and legal descriptions to support the ESCA project. The GIS skill has well served the ESCA program for budget analysis, cross-jurisdictional training, and implementation of Land Use Controls.

It is essential to reflect the responsibilities and requirements accurately in the job Packet Page 205

Item No. 8.N. Page 2 of 2
description to successfully recruit for the position that is currently vacant.

FISCAL IMPACT
There is no fiscal impact since the Army reimburses for all the ESCA program costs.

ATTACHMENTS

1. City of Seaside - ESCA Project Coordinator Job Description

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

____________________________________
Greg McDanel, City Manager
Packet Page 206
City of Seaside
Program Coordinator (ESCA)
CLASS CODE I04 SALARY $108,097.60 Annually
ESTABLISHED DATE September 19, 2019 REVISION DATE April 17, 2025 Definition
Under the general supervision of the ESCA Director, the Environmental Services Cooperative Agreement (ESCA) Program Coordinator assists the ESCA Director with deed processing for ESCA properties, and organizes/maintains ESCA document repository and file archives. This position is responsible for coordinating, participating and providing support in community involvement and public outreach activities and ESCA-training including public events, tours, speaking engagements, public presentations and outreach. Assists with Geographic Information System mapping and field reconnaissance. Also performs other duties as may be assigned.

Supervision Received and Exercised
Receives direct and general supervision from the ESCA Director. Exercises no supervision of staff. May exercise technical and functional direction over and provide training to project consultants and other ESCA property owners and ESCA property managers.

Essential Functions:

Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
◦ Serve as liaison to government agencies, community organizations, public, and contractors. ◦ Research regulatory compliance issues relating to U.S. Army, U.S. Environmental Protection Agency, and California Department of Toxic Substances Control. ◦ Organize and manage electronic and hard copy files and archives. ◦ Process applications, invoices, and bids.
◦ Prepare, coordinate, and record information relating to ESCA related meetings. ◦ Collaborate with internal and external stakeholders regarding public outreach. ◦ Photograph ESCA Remediation Program events.
◦ Assist with the compilation of monthly ESCA AOC reports and quarterly ESCA Grant reports. ◦ Provide property transfer documentation support such as filing and recording documents.

Packet Page 207
◦ Document preparation and quality control for ESCA documents. ◦ Coordinate and support ESCA-related travel activities. ◦ Use public outreach activities and training sessions to expand public awareness and community involvement.
◦ Prepare materials for public outreach activities.
◦ Use Army cleanup data and data from the Monterey County Assessor’s Office. ◦ Provide updates and photographic documentation on a regular basis Coordinate Access and Public Record Request responses with the ESCA Director and appropriate City staff and ESCA property owners and ESCA property managers.
◦ May be required to attend evening meetings and weekend events. ◦ Represent City at organizational meetings, such as Board meetings, Administrative Committee, and other public events such as Seaside Earth Day, CSUMB Earth Day and/or public activities as assigned.
◦ Serve as backup administrative support to the organization as needed. ◦ Interpret and apply complex rules and regulations including: California Environmental Quality Act (CEQA); Department of Defense Explosives Safety Board (DDESB); California Ralph M. Brown Act; Local Jurisdictional Ordinances; FORA Reuse Plan mandated requirements; Contracts and Sub-Contracts; Memorandum of Understanding (MOU) and Memorandum of Agreement (MOA); Resolutions; Administrative Order on Consent (AOC) between Environmental Protection Agency (EPA) and FORA; Comprehensive Environmental Response, Compensation, and Liability Cleanup (CERCLA or Superfund).
◦ Uses Geographic Information System maps and data packages using ESCA-specific land use controls and data and Monterey County Assessor’s parcel data. ◦ Performs other duties as assigned.

Knowledge, Skills, and Abilities:
◦ Geographic Information Systems for mapping, data collection, and fieldwork. ◦ Project scheduling and management.
◦ Proficient knowledge of Microsoft Word, Excel, and PowerPoint. ◦ Ability to find and use Army Cleanup data and Monterey County Assessor’s Office parcel data. ◦ Basic website management and design.
◦ Applicable Federal, State, and local laws, codes, and regulations. ◦ Methods and techniques for the development of presentations, contract negotiations, business correspondence, and information distribution; research and reporting methods, techniques, and procedures.
◦ Record keeping principles and procedures.
◦ Modern office practices, methods, financial programs, and computer equipment and applications related to the work.
◦ English usage, grammar, spelling, vocabulary, and punctuation. ◦ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Packet Page 208
Ability to:
◦ Apply a broad understanding of ESCA.
◦ Work independently and solve complex problems using judgment and discretion. ◦ Conduct basic research using a variety of media (i.e.: Internet, scholarly databases). ◦ Prepare concise and comprehensive planning reports.
◦ Identify new services and processes for improvement.
◦ Work on multiple tasks often under pressure and with frequent interruptions. ◦ Interpret, apply, and ensure compliance with Federal, State, and local policies, procedures, laws, and regulations.
◦ Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.
◦ Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.
◦ Establish and maintain a variety of filing, record-keeping, and tracking systems. ◦ Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. ◦ Operate modern office equipment including computer equipment, telephone techniques and etiquette, and specialized software applications programs. ◦ Use English effectively to communicate in person, over the telephone, and in writing. ◦ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
◦ Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
◦ Create maps and data packages using ESCA-specific data, Army cleanup and parcel transfer data, and Monterey County Assessor’s Parcel data.

Education and Experience:

Graduation from an accredited four-year college or university with major coursework in Community Studies, Social Sciences, Public Policy or Urban Planning and a minimum of 2 years' experience working in public agency office environment.
◦ Bilingual English/Spanish highly desirable.
◦ Familiarity with Army operations, cleanup, and land transfer are highly desirable.

License and Certificates:
◦ Possession of or ability to obtain, a valid California Driver's License by time of appointment. ◦ Possession of or ability to obtain a Geographic Information System Certificate within one year of appointment.
◦ Possession of or ability to obtain a 24-hour Hazardous Waste Operations “HAZWOPER” certificate within 6 months of appointment.

Packet Page 209
Supplemental Information:

Other Requirements
Must be willing to work outdoors in a variety of climatic and topographic conditions. Must be able to travel to various locations to meet the program needs and to fulfill the job responsibilities Physical Demands
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, as well as to work in the field to inspect sites; to operate a motor vehicle and to visit various work and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups and over the telephone. This is partially a sedentary office, partially a field classification, and standing in and walking between work areas may be required.

Finger dexterity is needed to access, enter and retrieve data using a computer keyboard, typewriter keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.

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RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

REACTIVATE THE CLASSIFICATION OF PROGRAM COORDINATOR (ESCA)

AND ADD TO THE UNCLASSIFIED COMPENSATION PLAN AND MODIFY THE

POSITION ALLOCATION LIST TO REFLECT THE CHANGES
WHEREAS, the full-time Classification Plan may be amended upon recommendation of the City Manager and approval by the City Council; and WHEREAS, in June of 2020, the City assumed responsibility for the Environmental Services Cooperative Agreement (ESCA) duties and Land Use Control (LUC) implementation from the Fort Ord Reuse Authority (FORA); and WHEREAS, in September of 2021, City Council approved a modification to the Position Allocation List, changing the Program Coordinator (ESCA) title to Administrative Analyst II; and
WHEREAS, after three years of supervision, the City Attorney and ESCA Director recommend restoring the original title and job description to better reflect the incumbent’s skills and responsibilities; and
WHEREAS, accurately reflecting the responsibilities and requirements in the job description is crucial to successfully recruiting for the current vacant position; and WHEREAS, there is a need to reactivate the classification of Program Coordinator (ESCA) position and modify the position allocation list to reflect the changes; and WHEREAS, the Program Coordinator (ESCA) will continue to be assigned to the ESCA Director and the title change will have no fiscal impact since the Army reimburses ESCA program cost; and
WHEREAS, the Finance Department is authorized to make any budget adjustments that are necessary because of this change.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby approve to modify the Position Allocation List and Unclassified Compensation Plan to reflect the changes of the title change.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 17th day of April 2025, by the following vote:

AYES: COUNCIL MEMBERS:

Packet Page 211
NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________
Ian N. Oglesby, Mayor
ATTEST:
__________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
_________________________
Sheri L. Damon, City Attorney
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.O.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Jessica Riley, Finance Director
DATE: April 17, 2025
SUBJECT: ADOPT A RESOLUTION TO CORRECT THE ANNUAL
APPROPRIATION LIMIT FOR FISCAL YEAR 2024-2025

RECOMMENDATION
Approve the re-adopting the City's appropriation limit (commonly referred to as the Gann Limit) for Fiscal Year 2024-2025 in the corrected amount of $44,618,271.

BACKGROUND
In accordance with Article XIII-B of the California Constitution and California Government Code Section 7900 et seq., local governments are required to adopt an annual appropriation limit. The purpose of the Gann Limit is to control government spending by limiting the amount of revenue that can be appropriated each fiscal year from the proceeds of taxes.

The appropriation limit is adjusted annually based on specific price and population factors provided by the California Department of Finance.

On June 20, 2024, the City Council adopted an appropriation limit for Fiscal Year 2024- 2025 in the amount of $44,691,473. This figure was based on a calculation that inadvertently used an incorrect price factor, exceeding the limit authorized under California Revenue and Taxation Code Section 2227.

Upon further review, staff identified the error and recalculated the appropriation limit using the correct price factor. The revised and accurate appropriation limit for Fiscal Packet Page 213

Item No. 8.O. Page 2 of 2
Year 2024-2025 is $44,618,271, a reduction of $73,201 from the previously adopted amount.

Although the revised appropriation limit remains $3,447,479 higher than the City’s actual appropriations subject to the limit, this correction is necessary to ensure full compliance with state law.

FISCAL IMPACT
There is no fiscal impact to the City as a result of re-adopting the corrected appropriation limit. This action ensures the City remains compliant with state-mandated requirements and accurately reflects the statutory limit for Fiscal Year 2024-2025.

ATTACHMENTS

1. Resolution Re-adopting GANN Limit 4-17-25
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
Packet Page 214
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

RE-ADOPTING THE ANNUAL APPROPRIATIONS LIMIT OF THE CITY OF SEASIDE FOR THE FISCAL YEAR 2024-2025
WHEREAS, on June 20, 2024 the City Council of the City of Seaside and the Agency Board of the Successor Agency to the Redevelopment Agency of the City of Seaside adopted the Annual Appropriations Limit of Forty-four million, six hundred ninety-one thousand, four hundred seventy-three dollars ($44,691,473); and
WHEREAS, the City Council of the City of Seaside adopted an appropriation limit for the fiscal year 2024-2025 based on a price factor that was inadvertently set higher than what is authorized by California Revenue and Taxation Code Section 2227; and WHEREAS, upon review, it was determined that the correct price factor, as prescribed by California law, should have been applied to calculate the appropriation limit for the fiscal year 2024-2025; and
WHEREAS, the recalculation of the appropriation limit, using the correct price factor, results in a revised appropriation limit of Forty-four million, six hundred eighteen thousand, two hundred seventy-one dollars ($44,618,271) for fiscal year 2024-2025, which is $73,201 lower than the originally adopted limit; and
WHEREAS, the City Council and the Agency Board is required to adopt a balanced budget in which total appropriations do not exceed estimated revenues and/or other available funds; and
WHEREAS, the revised appropriation limit of $44,618,271 exceeds the City’s appropriations by $3,447,479; and
WHEREAS, the City Council is required to re-adopt the corrected appropriation limit for the fiscal year 2024-2025 to comply with applicable laws and regulations.

NOW, THEREFORE BE IT RESOLVED, that the City Council and the Agency Board of the City of Seaside adopts the following:

The corrected appropriations limit for the Fiscal Year 2024-2025, in accordance with Article XIIIB of the California State Constitution, calculated as follows:

Meeting Date: 4/17/2025
Item X.X
Packet Page 215
2024-2025 Appropriations Limit Adjustment Factors:

Increase in Per Capita Personal Income Factor 1.0362
Population Change Factor (City Factor) 1.0004
Combined Factor 1.03661448
2024-2025 Appropriations Limit $ 44,618,271
2024-2025 Appropriations Subject to the Limit $ 41,170,792 2024-2025 Limit in Excess of Appropriations $ 3,447,47
PASSED AND ADOPTED at a meeting of the City Council of the City of Seaside and the Agency Board of the Successor Agency to the Redevelopment Agency of the City of Seaside duly held on the 17th day of April, 2025 by the following vote:

AYES: 0 COUNCILMEMBERS:

NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
Packet Page 216

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.P.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Patrick Grogan, Associate Engineer
Thomas Korman, Public Works Director/City Engineer
DATE: April 17, 2025
SUBJECT: REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY

COMMITTEE RECOMMENDATIONS FOR RED CURB REQUESTS

RECOMMENDATION
The Traffic Advisory Committee (TAC) recommends:
1) approval of red curb on both sides of the driveway approach at 1238 Wanda Avenue;
2) approval of red curb immediately east of the driveway approach at 1538 Hilby Avenue;

BACKGROUND
The Traffic Advisory Committee (TAC) reviewed and provided recommendations regarding several applications at the March 18, 2025 regular meeting. A summary of the two (2) items relating to red curb requests are presented below.

Item 1
The resident at 1238 Wanda Ave is requesting red curb to be painted on both sides of their driveway approach. The TAC application is dated January 10, 2025 (attachment 1).

Wanda Avenue is classified as a residential street, with a posted speed limit of 25 miles per hour (mph) and one lane of traffic in each direction. Wanda Avenue is approximately 35 ft. wide, measured from face of curb to face of curb with parallel parking on both sides of the street. Sidewalks measuring approximately 5 feet wide are present on both sides of the street. Single-family residences are located along both sides of this block of Wanda Avenue. The applicant's driveway is 13.75 feet wide at the Packet Page 217

Item No. 8.P. Page 2 of 3
curb. The distance to the next driveway approach to the east is approximately 7 feet, which is not sufficient space for one parking spot. The distance to the next driveway to the west is approximately 12.5 feet, which is also not sufficient for one parking space. A standard parallel parking space is 20 feet long.

Staff consider multiple factors when evaluating red curb for driveways, including visibility from the driveway, maneuverability into and out of the driveway, width of the driveway, and the length of the adjacent curb for parking spaces. Placing red curb immediately adjacent to this driveway approach would assist with the applicant's ability to maneuver in and out of the driveway, as well as deter vehicles parking into his driveway, without removing any legitimate parking spots.

TAC recommended approving the installation of 7' of red curb on the east side of the approach and 12.5' of red curb on the west side of the approach at 1238 Wanda Avenue.

Item 2
The property owner at 1538 Hilby Ave is requesting red curb to be painted directly to the east of the driveway approach for 1538, 1538A, and 1540 Hilby Avenue. The TAC application is dated February 15, 2025 (attachment 2).

Hilby Avenue is classified as a collector street, with multiple residences fronting the street, resulting in a high volume of vehicles parking on the street. Sidewalks measuring approximately 4 feet wide are present on this side of the street. Hilby Avenue is approximately 40 feet wide, with a speed limit of 30 mph, one lane of travel in each direction, and parallel parking on both sides of the street. There is approximately 48.5 feet between the applicant's driveway approach, and the nearest adjacent driveway approach to the east. This is sufficient room for 2 full parallel parking spaces, being 20 feet in length. When two parallel parking spaces abut each other, with room to navigate onto and out of the spaces on one end of each space, the length of the parking space may be reduced to 18 feet without effecting the ingress or egress of the spaces. Placing up to 12 feet of red curb immediately east of the driveway approach for 1538 Hilby Ave would allow room for vehicles to navigate into and out of the first parking space from the rear, and the second parking space from the front of the space.

This request was previously heard by the TAC at the August 2, 2022 and September 27, 2022 meetings, and the City Council on October 20, 2022. TAC previously recommended the approval of the applicant's request. City Council denied the request.

Applicant's are eligible to resubmit a TAC request 1 year after denial of the previous request.

TAC recommended approving the installation of 12' of red curb to the east of the driveway approach at 1538 HIlby Avenue.

Packet Page 218

Item No. 8.P. Page 3 of 3

FISCAL IMPACT
The fiscal impact of the following items are as follows:

1. There is no fiscal impact associated with Item 1 - Approve installation of red curb at 1238 Wanda Avenue. The cost of installing red curb is paid by the applicant, and is $522 per 20 linear feet.

2. There is no fiscal impact associated with Item 1 - Approve installation of red curb at 1538 Hilby Avenue. The cost of installing red curb is paid by the applicant, and is $522 per 20 linear feet.

ATTACHMENTS

1. Item 1 - 1238 Wanda Red Curb

2. Item 2 - 1538 Hilby Red Curb
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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Proposed locations of red curb on Wanda Avenue.

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Proposed red curb location
Applicant’s driveway
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Proposed location of 12 feet of red curb on Hilby Avenue.

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Proposed red curb location
Applicant’s driveway
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Picture provided by applicant of trash cans blocking driveway.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.Q.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Patrick Grogan, Associate Engineer
Thomas Korman, Public Works Director/City Engineer
DATE: April 17, 2025
SUBJECT: REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY

COMMITTEE RECOMMENDATIONS FOR A SECOND DRIVEWAY

REQUEST AND A GREEN CURB

RECOMMENDATION
The Traffic Advisory Committee (TAC) recommends:
1) denial of a request for a second driveway approach at 1496 Judson Street; 2) approval of green curb immediately north of the driveway approach at 1679 Soto Street;

BACKGROUND
The Traffic Advisory Committee (TAC) reviewed and provided recommendations regarding several applications at the March 18, 2025 regular meeting. A summary of the two (2) recommendations which were denied or altered by the TAC are presented below.

Item 1
The property owner of 1496 Judson Street is requesting the addition of a second driveway approach, to allow for additional onsite parking. The TAC application is dated January 3, 2025 (attachment 1).

Judson Street is a one-way residential street, with one lane of travel in the south bound direction, and parallel parking on the west side of the street. The applicant's property is located on the east side of the street. This block is populated with single family homes.

Judson St is approximately 21 feet wide, from face of curb to face of curb, and has a speed limit of 25 mph. 5 foot Sidewalks are present on both sides of the street. 1496 Packet Page 229

Item No. 8.Q. Page 2 of 4
Judson Street is a single parcel with one residence and attached garage. The property has approximately 123 feet of street frontage. The property has one existing driveway approach on Elm Avenue.

The City of Seaside's Municipal (SMC) code Section 17.34.120 Driveways and Site Access, outlines the requirements for driveways of Single Family Dwellings as follows:

A. Number of driveways. The number and placement of driveways shall be limited as follows; provided, that second driveways or additional curb cuts may be approved by the Traffic Advisory Committee:

1. Single dwellings and duplexes. A single dwelling or duplex shall be allowed one driveway, except that:
a. A circular driveway may be allowed on a parcel with 70 feet or more of street frontage;
and
b. A parcel within the RS-8 or RS-12 zones with a frontage of 200 feet or more may have two separate driveways; provided, that they are separated by a minimum of 100 feet, or lesser distance as approved by the City Engineer based on considerations of site topography and traffic safety.

B. Distance from Street Corners. Each driveway shall be separated from the nearest street intersection as follows, except where the City Engineer allows a lesser separation.

1. A minimum of 150 feet from the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street: and

2. For parcels with frontages less than 150 feet, the minimum distance shall be 100 feet.

Per the above stated code sections, 1496 Judson Avenue is not eligible for a second driveway, as its frontage is only 123 feet of the required 200 feet, and the proposed driveway would be approximately 85 feet from the intersection, as measured by the method specified in the municipal code.

TAC recommended denying the resident's application for an additional driveway approach off of Judson Street, as the property does not meet the minimum requirements as stated in SMC Section 17.34.120.

If the applicant were approved for a second driveway approach, and installed a driveway, the driveway would need to be constructed of a permeable material, approved by the City Engineer, per SMC 17.34.120.G Surfacing, and 17.12.050 hardscape lot coverage requirements.

Item 2
The resident at 1679 Soto is requesting the installation of blue curb to the north of their Packet Page 230

Item No. 8.Q. Page 3 of 4
driveway approach. The TAC application is dated February 24, 2025 (attachment 2).

Soto St is a one-way residential street, with a posted speed limit of 25 miles per hour (mph), one lane of traffic in the south-bound direction, and with parallel parking on both sides of the street. The street is approximately 25 feet wide, from face of curb to face of curb. Sidewalks measuring approximately 3 feet wide are present on this block.

Single-family residences are present on this block. Staff conducted a site visit at 1679 Soto St, during which it was noted that there were several cars parked on the street, with little parking available. The lot has approximately 50 feet of street frontage. There is a driveway from Judson St, which is 15 feet wide at the curb. The resident stated that she depends on ride share, hired transportation, and friends for transportation, and that they must park their cars in the lane of travel for loading, because parking spots are rarely available near her residence.

Per SMC 10.32.240 A.5, Curb markings to indicate no stopping and parking regulations. "Blue indicates parking limited exclusively to the vehicles of physical handicapped persons."
Public Right of Way Accessibility Guidelines (PROWAG) section R310.2 outlines the requirements for American with Disabilities Act (ADA) compliant parallel parking spots.

This regulation is summarized as follows:

R310.2.1 Dimensions
Parallel on-street parking spaces shall be at least 24 feet (7.3 m) long minimum and 13 feet (4.0 m), and shall not encroach on the traveled way, except where spaces are altered but the adjacent pedestrian circulation path is not. Any accessible parallel onstreet parking spaces provided may have the same dimensions as the adjacent parallel spaces if they are provided nearest a compliant crossing with a curb ramp or blended transition. The right of way should not be less than 9 feet in width.

R310.2.2 Pedestrian Access Route Connection
Each parallel on-street parking spaces shall connect to pedestrian access routes. Where compliant curb ramps and blended transitions are used, they shall not reduce the required width or length of the parking spaces and shall be located at either end of the parking space.

In order to conform with the above regulations, curb and sidewalk alterations (attachment 4) would be required in order to place the ADA parking space in front of 1679 Soto Street. The current width from the centerline of the right of way to the back of the sidewalk is approximately 15.5 feet. A minimum width of 20.5 feet, from centerline to the back of the sidewalk, is required to install the appropriate curb and sidewalk alterations. Alternatively, if the available right of way does not meet the Packet Page 231

Item No. 8.Q. Page 4 of 4
requirements, a section of blue curb may be painted to designate an ADA-compliant parking spot adjacent to a corner curb ramp, or midblock crossing with a curb ramp.

There are no compliant curb ramps in the vicinity of the applicant's residence. If a curb ramp were to be installed, the closest suitable location would be the south-west corner of Mingo Ave and Soto St, approximately 200 feet from the applicant's residence.

Due to the lack of compliant curb ramps, and the lack of street right-of-way width, staff evaluated the following alternative solution to the applicant's request.

Alterative: Paint 20 feet of green curb immediately north of the applicant's existing driveway approach. California Vehicle Code section 22511.5 allows a person displaying a disabled placard or license plate to park for an unlimited amount of time in timerestricted parking spaces. The general public would still be allowed to park in the space within the 20 minute time restriction.

TAC recommends placing green curb in front of 1679 Soto St.

FISCAL IMPACT
The fiscal impact of the following items are as follows:

1. There is no fiscal impact associated with Item 1 - Consider additional driveway approach at 1496 Judson Street. The cost of construction would be pair for by the applicant.

2. There is no fiscal impact associated with Item 2 - Consider the installation of blue curb in front og 1679 Soto Street. The cost of installing colored curb and any required sidewalk modifications is paid by the applicant.

ATTACHMENTS

1. Item 1 - 1496 Judson Second Driveway

2. Item 2 - 1679 Soto Colored Curb
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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Addition of a second approach on Judson Street. Proposed location indicated with red box.

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Proposed second approach.

Primary approach, to remain.

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Area of proposed driveway approach.

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Requested location of blue curb.

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Proposed blue curb location.

Front of property.

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Example of lane width and parking availability, taken at approximately 2pm.

Example of recessed ADA compliant parking space being constructed on Lincoln St.

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Example of recessed ADA compliant parking space being constructed on Lincoln St.

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3/8/24, 1:51 PM R3: Technical Requirements
https://www.access-board.gov/prowag/technical.html#r310-on-street-parking-spaces 23/29 Transit shelters shall comply with R309.2.

R309.2.1 Connection to Boarding and Alighting Areas
Transit shelters shall be connected by pedestrian access routes complying with R302 to boarding and alighting areas complying with R309.1.1 or boarding platforms complying with R309.1.2.

R309.2.2 Clear Space
Transit shelters shall provide a minimum clear space complying with R404 entirely within the shelter. Where seating is provided within transit shelters, the clear space shall be located either at one end of a seat or so as to not overlap the area within 18 inches (455 mm) from the front edge of the seat.

R309.2.3 Environmental Controls
Where provided, environmental controls within transit shelters shall be proximity-actuated.

R309.2.4 Protruding Objects
Protruding objects within transit shelters shall comply with R402.

R310 On-Street Parking Spaces
R310.1 General
On-street parking spaces shall comply with R310.

R310.2 Parallel On-Street Parking Spaces
Parallel on-street parking spaces shall comply with R310.2.

R310.2.1 Dimensions
Parallel on-street parking spaces shall be 24 feet (7.3 m) long minimum and 13 feet (4.0 m) wide minimum. Parallel on-street parking spaces shall not encroach on the traveled way.

Packet Page 245
3/8/24, 1:51 PM R3: Technical Requirements
https://www.access-board.gov/prowag/technical.html#r310-on-street-parking-spaces 24/29 EXCEPTIONS: 1. Where parallel on-street parking spaces are altered but the adjacent pedestrian circulation path is not, any accessible parallel on-street parking spaces provided may have the same dimensions as the adjacent parallel on-street parking spaces if they are provided nearest the crosswalk at the end of the block face or nearest a midblock crosswalk, and a curb ramp or blended transition is provided serving the crosswalk.

2. In alterations, where providing parallel on-street parking spaces with the dimensions specified in R310.2.1 would result in an available right-of-way width less than or equal to 9 feet (2.7 m), measured from the curb line to the right-of-way line, the accessible parallel onstreet parking spaces may have the same dimensions as the adjacent parallel on-street parking spaces if they are provided nearest the crosswalk at the end of the block face or nearest a midblock crosswalk, and a curb ramp or blended transition is provided serving the crosswalk.

R310.2.2 Pedestrian Access Route Connection
Parallel on-street parking spaces shall connect to pedestrian access routes. Where curb ramps and blended transitions are used, they shall not reduce the required width or length of the parking spaces and shall be located at either end of the parking space. Where two or more accessible parallel on-street parking spaces complying with the dimensions specified in R310.2.1 are contiguous on a block face, each accessible parallel on-street parking space shall have an independent connection to the pedestrian access route. Curb ramps and blended transitions shall be provided in accordance with R203.6.1.3 and shall comply with R304. Detectable warning surfaces are not required on curb ramps and blended transitions used exclusively to connect accessible on-street parallel parking spaces to pedestrian access routes.

EXCEPTION: In alterations, where parallel on-street parking spaces are provided in accordance with Exception 1 or 2 to R310.2.1, the parallel on-street parking space shall be connected to the curb ramp or blended transition serving the crosswalk by a pedestrian circulation path complying with R302.6, except that changes in level are not permitted.

R310.2.3 Surfaces
Surfaces of parking spaces shall comply with R302.6, except that changes in level are not permitted.

R310.2.4 Clearance Adjacent to Parking Spaces
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3/8/24, 1:51 PM R3: Technical Requirements
https://www.access-board.gov/prowag/technical.html#r310-on-street-parking-spaces 25/29 The center 50 percent of the length of the sidewalk, or other surface, adjacent to an accessible parallel parking space shall be free of obstructions, including parking identification signs, parking pay meters, and parking pay stations, and shall comply with R302.6.

R310.2.5 Identification
Parallel on-street parking spaces shall be identified by signs displaying the International Symbol of Accessibility complying with R411. Signs shall be 60 inches (1525 mm) minimum above the ground surface measured to the bottom of the sign.

R310.3 Perpendicular Parking Spaces
Perpendicular parking spaces shall comply with R310.3.

R310.3.1 Access Aisles
Perpendicular on-street parking spaces shall have adjacent access aisles 96 inches (2440 mm) wide minimum extending the full length of the parking space. One access aisle shall be permitted to serve two parking spaces where front and rear entry parking are both permitted. Where an access aisle serves only one parking space and parking is restricted to either front entry or rear entry orientation, the access aisle shall be located on the passenger side of the vehicle.

R310.4 Angled Parking Spaces
Accessible angled parking spaces shall comply with R310.4.

R310.4.1 Width
The width of an angled parking space shall be 132 inches (3350 mm).

R310.4.2 Access Aisles
Each angled on-street parking space shall have an adjacent access aisle 60 inches (1525 mm) wide minimum extending the full length of the parking space on the passenger side.

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3/8/24, 1:51 PM R3: Technical Requirements
https://www.access-board.gov/prowag/technical.html#r310-on-street-parking-spaces 26/29 R310.5 Common Requirements for Perpendicular and Angled Parking Spaces Perpendicular and angled parking spaces shall comply with R310.5 R310.5.1 Access Aisle Markings
The access aisle surface shall be marked to discourage parking in the access aisle.

R310.5.2 Access Aisle Location
Access aisles shall be located at the same level as the parking space they serve and shall not encroach on the traveled way.

R310.5.3 Pedestrian Access Route Connection
Access aisles shall connect to pedestrian access routes. Where curb ramps and blended transitions are used, they shall not reduce the required width or length of access aisles and parking spaces. Curb ramps and blended transitions shall be provided in accordance with R203.6.1.4 and shall comply with R304. A detectable warning surface is not required on a curb ramp or blended transition used exclusively to connect on-street parking access aisles to pedestrian access routes.

EXCEPTION: In alterations, the access aisle may connect to an existing pedestrian circulation path in accordance with R202.2.

R310.5.4 Surfaces
Surfaces of parking spaces and access aisles serving them shall comply with R302.6, except that changes in level are not permitted.

R310.5.5 Identification
Perpendicular or angled on-street parking spaces shall be identified by signs displaying the International Symbol of Accessibility complying with R411. The signs shall be located at the head of the parking space. Signs shall be 60 inches (1525 mm) minimum above the ground surface measured to the bottom of the sign.

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3/8/24, 1:51 PM R3: Technical Requirements
https://www.access-board.gov/prowag/technical.html#r310-on-street-parking-spaces 27/29 R310.6 Parking Meters and Parking Pay Stations
Parking meters and parking pay stations that serve accessible parking spaces shall provide operable parts complying with R403. The clear space required by R403.2 shall be located so that displays and information on parking meters and pay stations are visible from a point located 40 inches (1015 mm) maximum above the center of the clear space in front of the parking meter or parking pay station.

R311 Passenger Loading Zones
R311.1 General
Accessible passenger loading zones shall comply with R311.

R311.2 Vehicle Pull-Up Space
Accessible passenger loading zones shall provide a vehicular pull-up space that is 96 inches (2440 mm) wide minimum and 20 feet (6.1 m) long minimum.

R311.3 Access Aisle
Vehicle pull-up spaces shall have adjacent access aisles complying with R311.3 that are 60 inches (1525 mm) wide minimum extending the full length of the vehicle pull-up space.

Access aisles shall be at the same level as the vehicle pull-up space they serve and shall not encroach on the traveled way.

R311.3.1 Clearance Adjacent to Passenger Loading Zone
The center 50 percent of the length of the sidewalk, or other surface, adjacent to an accessible passenger loading zone shall be free of obstructions and comply with R302.6.

R311.3.2 Marking
Access aisle surfaces shall be marked to discourage parking in them.

R311.4 Surfaces
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ISA - International Symbol of Accessibility

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

ACCESSIBLE PARKING

ON-STREET
LEGEND
5'-0" Min

CURB RAMP,
SEE NOTE 4
See Note 7

REGULARPARKING SPACE
Min
5 '-0"
SEE
NOTE5
1:1 Typ

PAVEMENT MARKING

CONVENTIONAL

ON-STREET PARKING

RESTRICTED RIGHT OF WAY WIDTH

REGULARPARKING SPACE

AS REQUIREDNO PARKING
SEE
NOTE5
5'-0" Min
See Note 9
Parallel parking, see Note 10
SEE NOTE 7
SEE NOTE 5

LINE BORDER
4" BLUE

PARKING SPACE

REGULAR
4" WHITE LINE
CENTERS, SEE NOTE 6
CURB DIAGONALS AT 3'-0" Max
CURB

SIDEWALK

BLUE PAINTED CURB
SEE NOTE 11

ISA PARKING SIGN,

UNOBSTRUCTED AREA
SEE NOTE 5
SEE NOTE 11

ISA PARKING SIGN,

BLUE PAINTED CURB

SIDEWALK
I
Lynn Mowry
Rebecca
C54415
12-31-23
1-31-23
A90B

NO SCALE

PLANS APPROVAL DATE
No.

Exp.

R
E
G
IS
TERED

PROFESSIONAL
ENG
IN
E
E
R

STATE OF CALIFORNIA

REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.

THE ACCURACY OR COMPLETENESS OF SCANNED
May 1, 2023
171
2023STA ND ARDPLA NA 90B
NOTES:
with Plaque R99B (CA).Accessible Parking Only Sign shall be Sign R99C (CA) or Sign R99 (CA)to the other end of the block.conflicts with a bus stop or other uses, this detail may applyIf the Restricted Right of Way width detail is selected and itdetail should be used.to construct a standard curb ramp, the Restricted Right of Wayon-street parking. However, if the sidewalk lacks adequate spaceThe Conventional detail should be the primary choice of accessibleparking sign shown.for the full length of the parking space, except for the ISAThere shall be no obstructions on the sidewalk adjacent to andfor square foot area for painting the words "NO PARKING".is visible to traffic enforcement officials. See Standard Plan A24Ethan 1'-0" high on a contrasting background and located so that itThe words "NO PARKING", shall be painted in white letters no lessaisles in areas where snow may cause white markings to not be visible.Blue paint, instead of white may be used for marking accessibilityand not less than 8'-0" in width.for other parking spaces, but not less than 20'-0" in lengthlength or width than that specified by the local jurisdictionAccessible on-street parking spaces shall not be smaller inCurb ramps shall conform to the details shown on Standard Plan A88A.surrounding surface.of the sign or plaque panel shall be a minimum of 7'-0" above theWhere Plaque R99B (CA) or Sign R99C (CA) are installed, the bottombe the minimum feasible.Surface slopes of accessible on-street parking spaces shallvehicles other than their own.disabilities are not compelled to wheel or walk behind parkedParking spaces shall be so located that persons with

11.10. 9. 8. 7. 6. 5. 4. 3. 2. 1.

SIGN R99 (CA)
See Note 3
SIGN R99C (CA)
PLAQUE R99B (CA)
See Note 3
SIGN R99 (CA) with PLAQUE R99B (CA),
Return to Table of Contents
Packet Page 250
DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) 22511.5.

VEHICLE CODE - VEH
CHAPTER 9. Stopping, Standing, and Parking [22500 - 22526] ( Chapter 9 enacted by Stats. 1959, Ch. 3. ) (a) (1) A disabled person or disabled veteran displaying special license plates issued under Section 5007 or a distinguishing placard issued under Section 22511.55 or 22511.59 is allowed to park for unlimited periods in any of the following zones:
(A) In any restricted zone described in paragraph (5) of subdivision (a) of Section 21458 or on streets upon which preferential parking privileges and height limits have been given pursuant to Section 22507. (B) In any parking zone that is restricted as to the length of time parking is permitted as indicated by a sign erected pursuant to a local ordinance. (2) A disabled person or disabled veteran is allowed to park in any metered parking space without being required to pay parking meter fees. (3) This subdivision does not apply to a zone for which state law or ordinance absolutely prohibits stopping, parking, or standing of all vehicles, or which the law or ordinance reserves for special types of vehicles, or to the parking of a vehicle that is involved in the operation of a street vending business. (b) A disabled person or disabled veteran is allowed to park a motor vehicle displaying a special disabled person license plate or placard issued by a foreign jurisdiction with the same parking privileges authorized in this code for any motor vehicle displaying a special license plate or a distinguishing placard issued by the Department of Motor Vehicles. (Amended by Stats. 2010, Ch. 478, Sec. 11. (AB 2777) Ef ective January 1, 2011.) 5/8/24, 2:37 PM leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=VEH&sectionNum=22511.5.&op_statues=2010&op_chap… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=VEH&sectionNum=22511.5.&op_statues=2010&op_chapter=478&op… 1/1 Packet Page 251

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: April 17, 2025
SUBJECT: AN ORDINANCE TO AMEND CHAPTER 13.24 OF THE

MUNICIPAL CODE TO MODIFY PROCEDURES FOR ALLOCATING

WATER TO DEVELOPMENT PROJECTS (SECOND READING -

ROLL CALL VOTE)

RECOMMENDATION
Receive public comment and conduct the second reading.

BACKGROUND
Water Allocations for development projects within the City of Seaside are regulated by Chapter 13.24 of the Municipal Code. As it is presently written, this Chapter proscribes a process whereby the City Council allocates available water within the boundaries of the Monterey Peninsula Water Management District (MPWMD) to specific categories for use. Although the Ordinance does not place any limits on the number or types of categories, there are three categories that are identified within the Ordinance:
commercial projects, institutional projects, and accessory dwelling units. The level of detail for the allocation of water within these defined categories varies: there is a great deal of very specific details provided for commercial allocations, while there is very little detail provided for institutional projects. Not all of the categories currently identified by the Council are identified in the Ordinance.

The Ordinance also includes the creation of a water allocation committee, made up of the City Manager, Public Works Director, and Community Development Director. This committee is tasked with prioritizing the use of water and granting water permits.

Under the Ordinance, water allocations must be secured before an application for a development project may be considered.

Packet Page 252

Item No. 9.A. Page 2 of 3
The proposed Ordinance represents a significant change to the existing Ordinance.

Most significantly, the Ordinance would be rewritten to clarify the procedure that the Council uses to identify development priorities and then establish procedures for the allocation of this water. This would be done via Resolution by the Council, allowing the Council to maintain an active role in establishing how water supplies are managed. In the absence of any adopted program, all requests for a water allocation would be submitted to the City Council for consideration.

Essentially, from a procedural standpoint, the Council would allocate water to specific categories, then would establish procedures for the allocation of water within those categories. This will greatly assist in the processing of applications which have a high volume of small requests (such as ADUs or infill housing projects). Additionally, by establishing procedures, the Council is able to delegate authority to approve water to other entities by defining the criteria under which water would be allocated, and provides assurances to potential applicants that water will be available for those projects. If no review authority is delegated, Council would retain discretion over individual water allocations.

Another significant change is the elimination of all categories from the Ordinance. As noted above, these programs or categories would not necessarily be eliminated, but would instead have their programs defined via Resolution. This provides for more flexibility if changes to programs are desired in the future.

The Ordinance would also redefine the role of the water allocation committee. The committee will still exist, but its role will be as may be provided within the programs adopted by the Council. If those programs include a role for the water allocation committee, then the committee would assume that role. It will also serve as an intermediate appeal body between staff and the City Council if an applicant wishes to appeal a denial of a water allocation.

The Ordinance would also remove references to the MPWMD, allowing for these procedures to be utilized across all three of the City's water service providers (although the programs adopted by the Council in the future likely will vary between the different service areas due to differences regarding the management of allocations by different service providers).

Staff believes that adopting these changes will result in a more efficient, more flexible system that provides the Council with the ability to actively manage the City's water supplies while also providing certainty to applicants seeking water supplies for projects and reducing the time and costs associated with the consideration of these requests.

FISCAL IMPACT
No fiscal impact is associated with this item.

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Item No. 9.A. Page 3 of 3

ATTACHMENTS

1. Water Allocation Ordinance 2025-04-17
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
Packet Page 254
ORDINANCE NO. _________
AN ORDINANCE AMENDING CHAPTER 13.24 OF THE SEASIDE

MUNICIPAL CODE FOR ALLOCATING WATER TO DEVELOPMENT

PROJECTS
WHEREAS, the Monterey Peninsula is currently experiencing a shortage of water; and
WHEREAS, in order to combat this shortage, water supplies within the service area of the California American Water Service Company (Cal Am) are managed by the Monterey Peninsula Water Management District (MPWMD), which provides an allocation to jurisdictions to then allocate to various projects; and
WHEREAS, the procedures for the allocation for this water is provided in Chapter 13.24 of the Municipal Code; and
WHEREAS, the City Council desires to modify the provisions of Chapter

13.24 to provide for more clarity and flexibility with regards to the allocation of water to various development projects and to also apply these provisions to water allocations from other service providers; and
WHEREAS, the proposed Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed changes do not make any changes to the allowable land uses or development regulations at any location within the City.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEASIDE:

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

SECTION 2. Chapter 13.24 of the Seaside Zoning Ordinance is hereby amended to reflect the changes identified in the attached Exhibit “A.” SECTION 3. If any provision, section, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed Packet Page 255
and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 4. This Ordinance shall become effective thirty days following adoption.

INTRODUCED at a regular meeting of the City Council of the City of Seaside, State of California, held on the 3rd day of April 2025.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, held on the 17th day of April 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 AS TO FORM:

Sheri L. Damon,
City Attorney
Attach: Exhibit “A” – Proposed Ordinance Amendment
Packet Page 256
Exhibit “A”
Chapter 13.24

WATER ALLOCATION PROGRAMWATER ALLOCATIONS FOR DEVELOPMENT

PROJECTS AND NEW USES
Sections:

13.24.010 Findings and dDeclaration of intent.

13.24.020 Water allocation program.

13.24.0210 Objectives.

13.24.02230 Administration.

13.24.040 Water release permits.

13.24.02350 Water allocation committee.

13.24.024 Applications and scoring.

13.24.025 Water allocation categories.

13.24.0360 Appeals.

13.24.010 Findings and Ddeclaration of intent.

The potential for new water sources on the Monterey Peninsula is extremely limited and that demand for water in the city of Seaside may well exceed capacity within a very short period of time. As a result of the limited availability of water, the need for planned development, and the continuing number of applications for commercial and institutional projects, the city finds it necessary to develop criteria for evaluation of water allocation release requests. This Chapter shall provide the structure for the development, implementation, and modification of programs designed to allocate water to various projects and uses and parties within the City of Seaside.

Monterey Peninsula Water Management District (MPWMD) regulations allow for an intensification of water use. As a result, certain commercial and institutional projects which will result in an increase of water use continue to be eligible for permits from the MPWMD. The water used will be deducted from the city of Seaside’s current water allocation. All applications for permits must have written approval of the affected jurisdiction.

Packet Page 257
The potential for new water sources on the Monterey Peninsula is extremely limited and that demand for water in the city of Seaside may well exceed capacity within a very short period of time. As a result of the limited availability of water, the need for planned development, and the continuing number of applications for commercial and institutional projects, the city finds it necessary to develop criteria for evaluation of water allocation release requests for commercial and institutional properties.

13.24.020 Water allocation program.

Notwithstanding any other ordinance, rule, or policy of the city of Seaside, no application for a project which would result in an increase in water use shall be accepted, processed, acted upon, granted, or approved by any officer or employee of the city of Seaside except in conformance with this water allocation program. Approval of the water allocation does not imply recommendations for or approval of any other applications which may be required for the project by the city of Seaside or any other governmental agency having jurisdiction over the project. Projects are required to obtain all other necessary approvals required by the city of Seaside and/or other governmental agencies.

13.24.0210 Objectives.

Due to the limited availability of water on the Monterey Peninsula, it is necessary to establish procedures for the allocation of water credits for residential, commercial, and institutional other projects. In order to allocate Seaside’s remaining water allocation, this chapter establishes the process by which water is allocated for use. The intent of this program is to allocate water by category and by priorities set by the city council.

13.24.02230 Administration.

The City hereby creates its Water Allocation Program. The city council shall have the discretion to allocate and reallocate water and water resources as deemed necessary for the public health, safety, and welfare of the community; and to enhance the fiscal stability of the city; and/or for any other reason it deems to be appropriate. The city recognizes the importance of all categories of projects to the overall development of Seaside. The city also recognizes that as the city develops, and as water availability changes, allocation categories and priorities may change. The city council shall create by Resolution categories of water and shall allocate and reallocate water to each category. The city council may create, Packet Page 258
identify or modify sub-categories, such as specific commercial districts or areas, for water allocations dependent upon city priorities and needs deemed necessary to protect the public health, safety and welfare of the community.

Upon creation of categories of water, the City Council shall establish, by Resolution, policies and procedures for the allocation of water within the established category. These policies and procedures shall detail the conditions under which water shall be allocated. Within these policies and procedures the City Council may delegate authority for individual projects to City Commissions, staff, and/or the Water Allocation Committee; further, the City Council may adopt separate programs for different geographic areas such as the service areas of water service providers or within specific zoning districts. Specific commercial districts for water allocation will be established by resolution.

If the City Council does not create a program for the allocation of water for a specific category, then allocations of water within that category shall require the approval of the City Council.

13.24.040 Water release permits
Applicants may make a request for a water release permit by submitting a request to the City of Seaside. Requests shall be processed by the community development department. The community development department shall establish forms and procedures consistent with Resolutions adopted by Council to process requests for water allocations from the City. If a review authority which has been delegated with the power to approve or deny a water release permit request determines that the City should deny a request for a water allocation, such determination shall be made in writing and provided to the applicant. Determinations may be appealed in accordance with Section

13.24.060.

13.24.023 050 Water allocation committee.

The city’s wWater aAllocation programCommittee will be administered byshall consist of a three -members committee. The committee will be comprised of one representative each from the community development department, the public works department, and the city manager or theirhis designee. The Water Packet Page 259
Allocation Committee shall meet as needed and shall have such duties and powers as shall be provided by Resolution of the City Council.

This committee will be charged with prioritizing applications for water allocations.

Each project will be evaluated by using the criteria that apply to the specific project category. Projects that are prioritized and ranked highly will also be evaluated in terms of their total request for a specific amount of water. The committee will determine whether the project should be given all the water that has been required or whether the amount should be decreased due to the availability of water.

The committee will also have the responsibility of making policy recommendations and proposing changes to the water allocation program to the city council. This committee will meet as needed and provide an annual update to the city council.

Once the committee grants a water release permit for a commercial, industrial or residential use, the applicant must submit a complete application for the appropriate development permit associated with their project within sixty days of the issuance of the water release permit. The applicant must complete all work within twelve months of the date of issuance of a building permit, or for those projects which do not require a building permit, within twelve months of the date of issuance of a permit from the city or other governmental agency with permits the project to commence construction. A request for a time extension, due to a delay in the completion of the project, shall be submitted to the committee in writing for consideration. Failure of an applicant to adhere within the prescribed time limits listed above may result in the water release permit being declared void. Water allocations for voided permits will be returned to the city’s overall allocation for redistribution to other applicants.

13.24.024 Applications and scoring.

The city will accept applications for water on all types of projects. These applications will be kept on file if the city does not have water available for these projects at the time of application, or if the policies of the water purveyors for the city prevent the city from providing water for a certain type of project. An applicant will be allowed to undertake a project that does not intensify water usage.

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At the discretion of the committee, applications may be retained on file indefinitely if there is the possibility of water being granted for the project in the future. If the committee decides to remove an application from the file, a letter will be sent to the applicant indicating this and giving the reason for this action.

13.24.025 Water allocation categories.

A. Commercial Projects. Water will be allocated for commercial projects until the water allocation established by resolution has been fully allocated, based upon the point system outlined below. The applicant is responsible for providing enough information and documentation for the committee members to determine the scoring as listed below.

1. Projects scoring twenty or more points will be allocated water, if water is available.

2. The committee will have the authority to determine whether a project should be given all water requested or should receive a lesser amount due to the projected availability of water.

Commercial Project Criteria Determination Points
Received
Revenue Generation
Up to $5,000 = 1 point
$5,001 – $10,000 = 3 points
$10,001 – $15,000 = 5 points
$15,001 or more = 7 points
Total: $XX
City’s Share Property
Tax Revenue 0.18% of
$XX = $XX
City’s Share of Sales Tax
Revenue 1% of $XX =
$XX
Jobs Creation
1 – 9 part time = 1 point
10 or more part time = 3 points
1 – 9 full time = 5 points
10 or more full time = 7 points
Projects on Major Thoroughfares
All other commercial areas = 1 point
Fremont, Broadway, Del Monte = 5 points
Packet Page 261
Commercial Project Criteria Determination Points
Received
Removal of Blight
Occupied building, remodel existing structure = 1
point
Vacant building, remodel of existing structure = 3
points
Occupied building, full demo and redevelopment = 5
points
Vacant property, complete redevelopment = 7 points
Business Retention
Seven points will be awarded for projects which, if
not approved, would result in the loss of an existing
business which generates revenue for the city
and/or significant employment.

Total
B. Institutional. Institutional projects shall be projects submitted by nonprofit organizations, churches or religious institutions, educational institutions, public and quasi-public facilities. Allocation under this category shall be on a first-come, first-served basis until the total amount of water allocation established by resolution has been allocated. Water allocation approval does not imply recommendations for or approval of the project or its merits. Projects are required to obtain all other necessary approvals as required by the city and any other governmental agency having jurisdiction over the project.

C. Residential Accessory Dwelling Units. Accessory dwelling units are a valuable form of additional housing. Accessory dwelling units are smaller habitable dwellings (up to one thousand two hundred square feet) that may be attached or detached and accessory to a primary dwelling on residentially zoned properties.

The city wishes to encourage the development of ADUs as they provide valuable opportunities for property owners and a source of affordable housing.

Water shall be allocated to the residential ADU category for (1) deed-restricted ADUs to low and very low and (2) unrestricted ADUs. Both categories shall be Packet Page 262
allocated on a first-come, first-served basis until the total amount of water allocation established by resolution has been allocated.

The residential accessory dwelling units (ADUs) shall retrofit the existing dwellings’ water fixtures to high efficiency water fixtures and appliances. The maximum amount of water allocation to be made available in any application for an ADU water release permit shall be established by resolution. The residential accessory dwelling unit (ADU) category shall be required to purchase water release permits at an amount established by resolution, unless the residential unit is deed restricted to provide for rental or use only to persons of low income or very low income as published by the Department of Housing and Urban Development (HUD), inclusive of renters utilizing the Housing Choice Voucher Program (formerly known as “Section 8”) for a period of forty-five years.

Water allocation approval alone does not imply project approval. Projects are required to obtain all other necessary approvals as required by the city and any other governmental agency having jurisdiction over the project.

If changes made to the existing structure do not intensify the existing use pertaining to water, then no additional water determinations are necessary.

The total number of ADU units created, including the number of deed-restricted affordable units, will be reported to California Department of Housing and Community Development as part of the required housing element annual progress report.

13.24.0360 Appeals.

An applicant may appeal a determination of water usage or the denial of a water release permit by filing a written appeal within ten seven days after notice of the determination or denial by the committee review authority on a form prescribed for that purpose by the city of Seaside. A denial by City staff may be appealed to the water allocation committee; a denial by the water allocation committee may be appealed to the City Council. All required plans, drawings, photos, reductions and other information shall be submitted to the planning division before the appeal form is accepted as complete. A list of required information shall be available in the planning division. The filing fee for an appeal will be identical for the fee to appeal a land use project and is listed in the city’s annual adopted fee Packet Page 263
schedule. The appeal shall follow the procedures outlined in Chapter 17.76 of the Municipal Code.

A complete appeal application shall be filed at least three weeks prior to the proposed date of public hearing. Upon filing a complete written appeal application and payment of fees, the community development director or his/her designee shall place said appeal on the agenda of the city of Seaside city council for hearing. Notice of said hearing shall be given to the applicant by mail at least ten days prior to the hearing date. No other notice need be given.

At the scheduled public hearing, the city council shall affirm, reverse or modify the decision being appealed. The city council may also remand the matter for reconsideration and further hearings because of a desire for additional information, or due to the submission of new material or evidence not previously considered.

Packet Page 264

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Dominique Davis, City Clerk
Samantha Alcaraz, Human Resources Director/Risk Manager DATE: April 17, 2025
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING TITLE 2

ADMINISTRATION AND PERSONNEL OF THE SEASIDE

MUNICIPAL CODE FOR THE PURPOSE OF UPDATING CHAPTERS

REGARDING BOARDS AND COMMISSIONS, CORRECTING

TYPOS, MISNUMBERED CODE SECTIONS, SENTENCE

STRUCTURE, MISSING DEFINITIONS, CLARIFICATIONS,

PROPOSED TEXT AMENDMENTS, COMPENSATION OF THE

MAYOR AND CITY COUNCIL, AND MAKE APPROPRIATE
FINDINGS. IN ACCORDANCE WITH CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES THE
PROPOSED AMENDMENTS ARE EXEMPT PER 15061(B)(3)
(FIRST READING - ROLL CALL VOTE)

RECOMMENDATION
Receive public comment and conduct the first reading:

1. Approve amendments to Title 2 regarding Board and Commissions;

2. Approve amendments to Title 2 regarding the increased compensation for the City Council.

BACKGROUND
BOARD & COMMISSION AMENDMENTS:

Title 2 of the Seaside Municipal Code establishes the City’s administrative framework, including the organization of City government, personnel administration, and the operation of advisory boards and commissions. Staff has conducted a comprehensive review of Title 2 in coordination with guidance from the League of California Cities and Packet Page 265

Item No. 9.B. Page 2 of 4
comparative analyses of peer city policies.

The proposed amendments are intended to streamline procedures, improve internal consistency, and codify expectations regarding appointments, removals, reporting requirements, and conflicts of interest, in alignment with the California Government Code and applicable Fair Political Practices Commission (FPPC) guidelines.

The revisions to Chapter 2.14 – Boards and Commissions are focused on enhancing governance procedures and promoting transparency and accountability in the City’s advisory body structure.

Key Revisions Include:

1. Terms of Service (Section 2.14.040):
o Standardizes the term lengths across all City boards and commissions to ensure consistency.
o Clarifies reappointment eligibility and term expiration procedures.

2. Appointment and Removal Procedures (Sections 2.14.060 & 2.14.070):
o Establishes a transparent and uniform process for the appointment and removal of commissioners.
o Includes provisions for due process in cases of removal.

3. Reporting Requirements (New provision under Section 2.14.120):
o Requires each board and commission to submit periodic reports to the City Council.
o Improves alignment with City goals and provides oversight into the activities and outcomes of advisory bodies.

New Sections Introduced:
• Section 2.14.230 – Compatibility of Office:
o Requires commissioners who become certified candidates for City Council to be placed on an automatic, excused leave of absence. o The leave remains in effect until the general municipal election results are officially certified by the City Council.
• Section 2.14.xxx – Filling of Vacancies During Leave:
o Specifies that commissioner seats held by declared candidates are not deemed vacant during their excused absence unless the individual is elected to office.
o Supports continuity of commission operations and respects the temporary nature of candidacy-related leave.

NEXT STEPS:

Following adoption, the updated Title 2 provisions will be incorporated into the online Packet Page 266

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Municipal Code. The City Clerk’s Office will distribute updated reference materials to all relevant boards and commissions and facilitate training on the revised procedures.

CITY COUNCIL COMPENSATION INCREASE:

The City of Seaside is a general law city under California state law. As such, the City Council possesses the authority under Government Code Section 36516 to amend ordinances establishing salaries for the Mayor and Council members.

The monthly compensation for the City Council had not been adjusted since 1986— nearly 40 years. Over that period, the cost of living has increased by more than 300%.

In tandem, the complexity of municipal governance has significantly grown, requiring increased time commitments from elected officials. Preparation for meetings, participation in public events, and representation on external boards and committees have all expanded in scope and volume. Despite these increases, the prior salary for Council members remained at $400 per month—among the lowest in the region.

In 2023, the California Legislature adopted Senate Bill 329 (Dodd), which authorized general law city councils to adjust council compensation beyond previously established statutory caps. The legislative intent of SB 329 was to account for inflation, economic pressures, and to remove structural barriers to equitable representation in local government by recognizing the time, energy, and commitment required of elected officials.

The bill underscores that while individuals do not serve in elected office for financial gain, inadequate compensation can restrict civic participation—especially among residents from underrepresented and lower-income communities. Increased compensation can help foster more diverse and inclusive representation in local government.

Under Government Code Section 36516, two options were available for increasing salaries:
• Apply a 5% annual increase from the last date of adjustment (1986), resulting in an allowable monthly salary of approximately $2,409.05 in 2024. • Adopt the statutory default of $950 per month for cities with populations under 35,000.

COUNCIL ACTION:

At its regularly scheduled meeting on March 20, 2025, the Seaside City Council voted to adopt an ordinance increasing the monthly compensation for all Council Members to $2,400.00, effective for current and future officeholders. In addition, the Mayor will receive a $300.00 monthly automobile stipend in recognition of the enhanced duties Packet Page 267

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and public-facing responsibilities associated with the role.

This action reflects both statutory compliance and a policy decision to support accessibility in public service and to recognize the growing demands placed on elected officials.

FISCAL IMPACT

1. There is no direct fiscal impact associated with the proposed amendments to the code sections regarding Boards & Commissions. Implementation will be managed within existing departmental resources.

2. The increased compensation will result in a higher annual expenditure from the City’s General Fund.

ATTACHMENTS

1. Draft Ordinance Amending Title 2-Council compensation

2. 2.02 Exhibit A - Proposed Title 2 changes-redline (1)

3. Draft Ordinance Amending Title 2

4. 2.14 Exhibit A - Proposed Title 2 changes-redline (1) Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE CLARIFYING, AMENDING, AND REVISING TITLE 2, PERSONNEL AND

ADMINISTRATION, OF THE SEASIDE MUNICIPAL CODE
WHEREAS, the City desires to make technical, typographical, clarifications and modifications to the Seaside Municipal Code to better reflect the past practices and applications of the code; and
WHEREAS, the City has adopted Resolutions that have modified the interpretation and application of the code and these changes are being codified into the code; and WHEREAS, this ordinance specifically addresses the changes to Title 2, Section

2.02.490 Councilmember compensation; and
WHEREAS, the last time the City Council received any increase in their compensation was by Ordinance 703 adopted on or about August 21, 1986 and codified in Seaside Municipal Code section 2.02.490; and
WHEREAS, since that time, the cost of living has increased more than 300%; and WHEREAS, the City of Seaside’s population as of the 2023 Census Information was 31,317; and
WHEREAS, Government Code section 36516 provides for a base salary of $950 per month in cities with a population of less than 35,000; WHEREAS, Government Code section 36516 (a)(4) provides for escalation above the amounts set forth in Government Code section 36516(a)(2)(A) if an ordinance is adopted that escalates up to five percent for each calendar year from the operative date of the last adjustment; and
WHEREAS, the City and its needs have grown in complexity, the hours required of council members and the mayor have increased substantially, and the resources needed to prepare for and attend city council meetings and participate on other boards and commissions, and other activities have increased; and WHEREAS, the City Council of the City of Seaside finds that increasing the compensation for its council members would facilitate equitable representation in local government by making it easier for public servants to balance careers and personal obligations, and increase the opportunity for individuals across different income levels, Packet Page 269
as well as those individuals in marginalized communities, to participate in public service, all consistent with the legislative intent of Government Code section 36516; and WHEREAS, on March 20, 2025 the City Council directed staff to bring forward an ordinance which established Council member and Mayor compensation at the rate of $2409.00 per month with a $400.00 per month vehicle stipend for the Mayor; and NOW THEREFORE, the City Council of the City of Seaside, State of California does ordain as follows:

SECTION 1. GENERAL PURPOSE AND FINDINGS
A. The purpose of this Ordinance is to amend Title 2, and update the compensation of the City Council by modifying Title 2, section 2.02.490; and B. The City Council finds the above declaratory paragraphs to be true and correct and incorporates them herein as findings on the nature and extent of the need for the increase in salary and the amounts established herein.

SECTION 2. TEXT AMENDMENTS
New amendments to the existing code are shown in underline, while deletions are shown in strike out. All amendments to Chapter 2.02.490 are shown in Attachment A to this Ordinance.

SECTION 3. ENVIRONMENTAL COMPLIANCE
The proposed changes to the Ordinance will not result in direct or indirect changes to the environment and do not meet the definition of project under CEQA. (14 CCR 15378(b)) SECTION 4. SEVERABILITY
A. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable.

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

SECTION 5. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after its final passage and adoption.

INTRODUCED AND PASSED TO PRINT at a Regular meeting of the City Council Packet Page 270
of the City of Seaside, State of California, on the 17th day of April, 2025.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside, State of California, on the ____ day of ________, 2025, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
________________________________
Ian Oglesby, Mayor
ATTEST:
________________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
________________________________
Sheri L. Damon, City Attorney
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Title 2 ADMINISTRATION AND PERSONNEL

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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Chapter 2.02

CITY COUNCIL
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.

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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 279
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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 280
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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 283
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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 twenty-four hundred dollars per month. In addition, the mayor shall receive a three hundred dollars per month automobile stipend. (Ord. 703 § 1, 1986) Packet Page 284
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE CLARIFYING, AMENDING, AND REVISING TITLE 2, PERSONNEL AND

ADMINISTRATION, OF THE SEASIDE MUNICIPAL CODE
WHEREAS, the City desires to make technical, typographical, clarifications and modifications to the Seaside Municipal Code to better reflect the past practices and applications of the code; and
WHEREAS, the City has adopted Resolutions that have modified the interpretation and application of the code and these changes are being codified into the code; and WHEREAS, on April 3, 2025 the City adopted Resolution 25-51 which created a specific Code of Conduct for the members of the Board and Commissions; and WHEREAS, the City’s wishes to better clarify the duties and composition of the Commissions and Committees of the City to ensure quorums are able to be achieved, and that the scopes, duties better reflect the City’s current needs, including replacing quarterly reports with workplans and to ensure compliance with the Boards and Commissions Code of Conduct.

NOW THEREFORE, the City Council of the City of Seaside, State of California does ordain as follows:

SECTION 1. GENERAL PURPOSE AND FINDINGS
A. The purpose of this Ordinance is to amend Title 2, Personnel and Administration of the Seaside Municipal Code to clarify, and amend Title 2.

SECTION 2. TEXT AMENDMENTS
New amendments to the existing code are shown in underline, while deletions are shown in strike out. All amendments are shown in Attachment A to this Ordinance. The following Chapters are hereby amended Chapter 2.14 through Chapter 2.37 all relating to Commission and Committees.

SECTION 3. ENVIRONMENTAL COMPLIANCE
The proposed changes to the Ordinance will not result in direct or indirect changes to the environment and do not meet the definition of project under CEQA. (14 CCR 15378(b)) SECTION 4. SEVERABILITY
A. If any provision of this Ordinance or the application thereof to any person or Packet Page 285
circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable.

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

SECTION 5. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after its final passage and adoption.

INTRODUCED AND PASSED TO PRINT at a Regular meeting of the City Council of the City of Seaside, State of California, on the 17th day of April, 2025.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside, State of California, on the ____ day of ________, 2025, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

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________________________________
Sheri L. Damon, City Attorney
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Chapter 2.14 BOARDS AND COMMISSIONS

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.

Prior to consideration by the city council, each candidate for appointment to a board or commission shall be required to read, acknowledge, and agree to comply with the Boards and Commissions Code of Conduct, as adopted by resolution of the city council. A signed acknowledgment form confirming such agreement shall be submitted to the Office of the City Clerk as part of the application process. (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) The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. Packet Page 288 Seaside Municipal Code
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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 289
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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 Compatibility of Offices
An appointed commissioner will automatically be removed placed on an excused leave of absence when they become a qualified candidate for the office of city council until the time that the general election is certified by adoption of a resolution by the city council. if they become a candidate for the
office of Seaside City Council.

The Seaside Municipal Code is current through Ordinance 2010 passed October 72021
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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)
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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 292
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 293
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.

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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 295
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.

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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.

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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 CJOBS 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 298
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 299
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 300
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 Environmental Commission 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 301
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 homeless commission 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 302
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.

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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 304
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.
the NIC chairperson must have served on the commission for a minimum of one year Packet Page 305
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)
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Seaside Municipal Code
Chapter 2.28 RECREATION AND PARK COMMISSION

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 Parks and Recreation Commission 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 The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.

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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 308
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 309
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 310
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 311
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 312
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 313
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.

Packet Page 314

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Nick Borges, Police Chief
Matthew Doza, Sergeant
DATE: April 17, 2025
SUBJECT: ANNUAL REPORT AB 481 REGARDING THE POLICE

DEPARTMENTS ACQUISITION AND USE OF MILITARY

EQUIPMENT

RECOMMENDATION
Approve the use of current equipment defined in AB481.

BACKGROUND
On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law.

Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481.

The text of AB 481 and the above-mentioned California Government Codes are attached to this Staff Report for reference. AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

The governing body for the City of Seaside is the City Council. On April 21, 2022, City Council approved the ordinance. The bill allows the City Council to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the City Council to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on Annual Military Equipment.

Packet Page 315

Item No. 10.A. Page 2 of 2

FISCAL IMPACT

ATTACHMENTS

1. AB 481 Military Equipment

2. Ord AB 481

3. AB 481
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
Packet Page 316
Policy
710
Seaside Police Department
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The City Council of The City of Seaside.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature.

This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

The above items in bold are the current recognized specialized "military equipment" purchased and used by the Seaside Police Department.

Packet Page 317
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Military Equipment - 2 710.2 POLICY
It is the policy of the Seaside Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. It is also the policy of the Seaside Police Department that there are legally enforceable safeguards, including transparency, oversight and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

The acquisitions of military equipment and its deployment in our communities may impact the public's safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Policewill designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council..
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Seaside Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department Packet Page 318
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Military Equipment - 3 See attachment: SSPD AB 481 List.pdf
See attachment: MPRSRU AB 481.pdf
See attachment: MPRSRU 2 AB 481.pdf
See attachment: MPRSRU 3 AB 481.pdf
See attachment: MPRSRU 4 AB 481.pdf
See attachment: MPRSRU 5 AB 481.pdf
See attachment: MPRSRU 6 AB 481.pdf
710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions providing aid to Seaside PD shall comply with their respective military equipment use policies. Seaside PD is a participating member of the Packet Page 319
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Military Equipment - 4 Monterey Peninsula Regional Special Response Unit (MPRSRU) in collaboration with other law enforcement agencies on the Monterey Peninsula. MPRSRU provides capabilities to address specific law enforcement issues, such as active shooter incidents, hostage situations, barricaded subject incidents, etc. Seaside PD also collaborates and works with the Monterey County Sheriff's Department and other local, state and federal law enforcement agencies that may provide aid to Seaside PD. Military equipment owned by other jurisdictions that may be used by MPRSRU inside the City of Seaside's jurisdiction is listed in the above attachments of the Military Equipment Inventory. Seaside PD is authorized to use that military equipment in connection with MPRSRU activities/responses.
710.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 710.8 COMMUNITY ENGAGEMENT
The Police Department will hold two public meetings for transparency and public engagement.

Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least two well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Within 60 days of submitting and publicly releasing the annual report, the Department shall schedule a meeting with the Community Safety Advisory Committee (CSAC), at which the Police Department should discuss the report and respond to questions regarding the funding, acquisition, or use of military equipment.

A complaint, concern or question related to Military Equipment utilization by the Seaside Police Department can be made through any of the below listed methods:

Email: [email protected]
Web: http://www.ci.seaside.ca.us/Faq.aspx?QID=172
By phone: (831) 899-6748
By mail: Seaside Police Department; Attn: Military Equipment Use Coordinator; 440 Harcourt Ave Seaside, CA 93955
Packet Page 320
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Attachments - 5 Attachments
Packet Page 321
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** SSPD AB 481 List.pdf - 6 SSPD AB 481 List.pdf
SSPD AB 481 List.pdf
Packet Page 322
Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicles California Government Code § 7070(c)(1)
Type Unmanned Aerial Vehicle
Description Remotely piloted, unmanned aerial vehicle.

Quantity 1
Expended Lifespan 5 years
Manufacturer
Description
The Mavic Pro Platinum features a sleek design and compact body that is both powerful and alluring. A new and improved 30-minute flight time coupled with 60% noise power reduction makes the Mavic Pro Platinum DJI’s best portable drone yet.

Purpose and
Authorized Uses
Vehicles are capable of being remotely piloted to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Fiscal Impact $1,200.00 each.

Legal and Procedural
Rules
49 USC §§ 40102, 40125, 14 CFR 91.113, FAA Certificate of Authorization 2019-WSA-5762- COA
Required Training Initial 4 hours of pilot training, plus 48 hours of training per year.

Compliance
Mechanisms
49 USC §§ 40102, 40125, 14 CFR 91.113, FAA Certificate of Authorization 2019-WSA-5762- COA
Packet Page 323
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Semi-Automatic Patrol Rifle
Description Colt M4 rifle.

Quantity 30
Expended Lifespan 10 years
Manufacturer
Description
The Colt M4 Carbine is a Gas Operated Semi-Auto rifle, chambered in 223 Remington/5.56 NATO
Purpose and
Authorized Uses
The Colt M4 Carbine enables officers when in compliance with the Seaside Police Department Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow an officer a precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.

Fiscal Impact $1,200.00 each.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 312.

Required Training Sworn members utilizing the Colt M4 Carbine are trained is their use by CA POST certified firearms instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 312.

Packet Page 324
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Semi-Automatic Patrol Rifle
Description Colt AR-15 A3 rifle.

Quantity 3
Expended Lifespan 10 years
Manufacturer
Description
The Colt AR-15 A3 rifle is a gas operated, semi-automatic rifle, chambered in 223 Remington/5.56 NATO
Purpose and
Authorized Uses
The Colt AR-15 A3 rifle enables officers when in compliance with the Seaside Police Department Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow an officer a precision shot placement minimizing the risk to officers and innocent citizens.

There are no known alternatives to these weapons that will provide the same level of distance and precision.

Fiscal Impact $1,200.00 each.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 312.

Required Training California Peace Officer Standards And Training Commission 16-hour patrol rifle course, plus yearly qualification and in-service training.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 312.

Packet Page 325
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Semi-Automatic Patrol Rifle
Description Stag Arms STAG-15
Quantity 2
Expended Lifespan 10 years
Manufacturer
Description
The Stag Arms STAG-15rifle is a gas operated, semi-automatic rifle, chambered in 223 Remington/5.56 NATO
Purpose and
Authorized Uses
The Stag Arms STAG-15 rifle enables officers when in compliance with the Seaside Police Department Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow an officer a precision shot placement minimizing the risk to officers and innocent citizens.

There are no known alternatives to these weapons that will provide the same level of distance and precision.

Fiscal Impact $0.00
Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 312.

Required Training California Peace Officer Standards And Training Commission 16-hour patrol rifle course, plus yearly qualification and in-service training.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 312.

Packet Page 326
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Ammunition for AR-15/M4 rifles.

Description SpeerLE Law Enforcement Gold Dot
Quantity 15,600
Expended Lifespan 1 years
Manufacturer
Description
Speer® Gold Dot® ammunition’s reliability has made it the No. 1 choice for law enforcement, and we offer the same performance for self-defense rifle applications. Gold Dot rifle is engineered to provide industry-leading performance in FBI protocol testing through barrels less than 16 inches long. Its bullets are built using Speer’s exclusive Uni-Cor® method. The jacket is bonded to the core one atom at a time, virtually eliminating core-jacket separation and creating a projectile that’s accurate, tough and consistent through all common barriers.

Purpose and
Authorized Uses
To project a force against a selected target to have an effect and stop the threat when other reasonable options are not viable. A verbal warning should precede its application.

Fiscal Impact $292.00 per case.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 312.

Required Training California Peace Officer Standards And Training Commission 16-hour patrol rifle course, plus yearly qualification and in-service training.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 312.

Packet Page 327
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Less Lethal Shotgun
Description Remington 870 Less Lethal Shotgun with orange stock and fore-end.

Quantity 4
Expended Lifespan 25 years
Manufacturer
Description
The Remington Model 870 Pump Shotgun is a reliable 12-gauge with double-action bars for smooth pump operation. A steellined/grooved fore-end provides a stronger grip, while the Flexitab feeding system provides positive and easier cycling. A less-lethal application shotgun is available with the addition of a blaze orange synthetic SpeedFeed stock and fore-end for the instant recognition required.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $950 each.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the Remington 870 less lethal shotguns are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 328
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description ALS1202 12 gauge fin stabilized kinetic energy projectile.

Quantity 21
Expended Lifespan 5 years
Manufacturer
Description
The ALS1202 is a 12 ga. rubber finned projectile that is designed to be direct fired, producing blunt trauma and pain compliance.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $6.00 a box.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the Remington 870 less lethal shotguns are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 329
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description ALS1212 12 gauge stabilized kinetic energy projectile.

Quantity 20
Expended Lifespan 5 years
Manufacturer
Description
The ALS1212T is a 12ga stabilized bean bag munition that is designed to produce blunt trauma and pain compliance. The bean bag is designed for exceptional flight ballistic stability to provide accuracy from smooth bore shotguns.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $6.00 a box.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the Remington 870 less lethal shotguns are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 330
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Less Lethal Launcher
Description FN303 Less Lethal Launcher
Quantity 2
Expended Lifespan 10 years
Manufacturer
Description
The FN 303® Less Lethal Launcher is constructed from durable lightweight polymer with comfortable ergonomics and an easy to operate safety. The FN 303® Launcher is equipped with both flip-up iron sights and an integrated MIL-STD-1913 top mounting rail for optical or electronic sights or other accessories. The lightweight polymer magazine holds 15 projectiles and offers a clear rear cover to allow the operator to instantly verify both the payload type and the number of projectiles remaining.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $1,699.00 each.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the FN303 less lethal launcher are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 331
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description FN303 Clear Impact Projectile
Quantity 900
Expended Lifespan 3 years
Manufacturer
Description
Less lethal ammunition designed for the FN 303 launcher. Dedicated to reducing lethality, the basis of the FN 303 lies in its unique projectiles. These .68 caliber, 8.5 gram projectiles utilize a fin-stabilized polystyrene body and a non-toxic bismuth forward payload to provide more accuracy and greater effective range than other less lethal systems. The primary effect of the projectile is trauma, which directly neutralizes the aggressor. Secondary effects from the projectiles can be delivered via a chemical payload depending on mission requirements.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $314.00 per box.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the FN303 less lethal launcher are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 332
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description FN303 OC Powder Projectile
Quantity 450
Expended Lifespan 3 years
Manufacturer
Description
Less lethal ammunition designed for the FN 303 launcher. Dedicated to reducing lethality, the basis of the FN 303 lies in its unique projectiles. These .68 caliber, 8.5 gram projectiles utilize a fin-stabilized polystyrene body and a non-toxic bismuth forward payload to provide more accuracy and greater effective range than other less lethal systems. The primary effect of the projectile is trauma, which directly neutralizes the aggressor. Secondary effects from the projectiles can be delivered via a chemical payload depending on mission requirements.

Purpose and
Authorized Uses
To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal Impact $511.00 per box.

Legal and Procedural
Rules
Seaside Police Department Policy Manual §§ 300, 308.

Required Training Sworn members utilizing the FN303 less lethal launcher are trained in their use by California Peace Officer Standards And Training Commission certified less lethal instructors.

Compliance
Mechanisms
Seaside Police Department Policy Manual §§ 300, 308.

Packet Page 333
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU AB 481.pdf - 7 MPRSRU AB 481.pdf
MPRSRU AB 481.pdf
Packet Page 334
AB 481 Category
Govt Code §7070(c): (1) Unmanned, remotely piloted, powered aerial or ground vehicles Description: Unmanned, remotely piloted, powered arial and ground vehicles Quantity (existing/sought):
0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team and Sheriff's Bomb Squad)
Capabilities:

Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Expected lifespan: 5 years
Manufacturer's description:

Remotely operated land vehicles to support various mission areas such as explosive device remediation, hazardous materials operations, tactical law enforcement operations, search & rescue, and surveillance/detection. Examples include, but are not limited to rovers, scout vehicles, and surveillance platforms. Unmanned Aircraft System (UAS) comprises an unmanned aircraft and the equipment necessary for the safe and efficient operation of that aircraft. The system generally includes a fixed or rotary-wing (tethered or non-thethered) aircraft and a ground control station.

Purpose(s)/Authorized Use:

To enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video feed from vehicle cameras of hazardous areas prior to, or in lieu of, sending in personnel. Remotely piloted ground vehicles may be used to investigate and mitigate potential explosive devices. UAS/Drone/Arial platforms may be used for search and rescue; suspect apprehension crime scene documentation; tactical operations; scene security; hazard monitoring; identification and mitigation; response to emergency calls; crisis communications; legally authorized surviellance.

Initial cost: $0 (not owned by SSPD)
Annual costs: $0 (not maintained by SSPD)
Legal:

All applicable State, Federal and Local laws. Any use of UAS/Drone platforms will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

Procedural: SSPD Policy - 408 (Monterey Peninsula Regional Special Response Unit) Required training:

MPRSRU SWAT Team provides internal training for staff members prior to allowing them to operate the ground vehicle equipment. All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete training required by FAA COA.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). The Monterey County Sheriff's Office also provides the regional explosive mitigation team "bomb squad." This equipment is owned and operated by MPRSRU SWAT and the Monterey County Sheriff's Department. While the Seaside Police Department does not own this equipment, it could be used in Seaside by MPRSRU SWAT or the Monterey County Sheriff's Department if they are deployed to an incident within city limits. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 335
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 2 AB 481.pdf - 8 MPRSRU 2 AB 481.pdf
MPRSRU 2 AB 481.pdf
Packet Page 336
AB 481 Category
Govt Code §7070(c):
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision Description: MPRSRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities:

Capable of transporting personnel and equipment while providing them with armored protection. Also has a breaching apparatus that can be attached.

Expected lifespan: 10 years
Manufacturer's description:

The Lenco BearCat is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat part of their standard operating procedure. The Bearcat has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers.

Purpose(s)/Authorized Use:

The SRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) is intended for use during critical incidents including, but not limited to: (a) Hostage situations; (b) Barricaded subject incidents; (c) Active shooter situations; (d) High risk arrest and search warrants; (e) Any threat of explosive devices; (f) Other situations where ballistic protection is necessary for the protection of personnel. The SRU Rescue Vehicle will not be deployed for situations such as peaceful protests or demonstrations where violence is not threatened toward the public, property or law enforcement personnel. When deploying the vehicle one must consider how its use or misuse could create fear or distrust in the community and take steps to mitigate those negative effects. The SRU Rescue vehicle may be deployed for exhibition at community based events for the purpose of educating and familiarizing the public with its use and purpose.

Initial cost: $0 (not owned by SSPD )
Annual costs: $0 (not maintained by SSPD)
Legal: All applicable State, Federal and Local laws.

Procedural: SSPD Policy - 408 (Monterey Peninsula Regional Special Response Unit) Required training:

The SRU Rescue Vehicle is driven by approved personnel who have received training in the vehicle’s operation. The training includes both classroom and practical driving exercises.

Operators also receive scenario based training to include the decision making process as to how it should and should not be deployed. Scenario based training includes constitutional and community policing principles as it relates to SRU Rescue Vehicle deployment. All MPRSRU members are required to complete an initial POST Certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Marina Police Depatment and utilized by MPRSRU SWAT. While the Seaside Police Department does not own this equipment, it could be used in Seaside by MPRSRU SWAT if they are deployed to an incident within city limits. Although rare, it may also be used in Seaside at community events for educational and familiarization purposes.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 337
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 3 AB 481.pdf - 9 MPRSRU 3 AB 481.pdf
MPRSRU 3 AB 481.pdf
Packet Page 338
AB 481 Category
Govt Code §7070(c):
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
Description: Workhorse commercial van
Quantity (existing/sought): 1 (owned by SSPD and used exclusively for MPRSRU SWAT Team) Capabilities: Vehicles modified to facilitate the control and direction of public safety units.

Expected lifespan: Unknown
Manufacturer's description: Unavailable
Purpose(s)/Authorized Use: Workspace for commanding/supervising personnel during critical incidents. Also utilized for community outreach events such as National Night Out, Public Safety Outreach, etc.

Initial cost: $60,000
Annual costs: $0
Legal: All applicable State, Federal and Local laws.

Procedural: SSPD Policy - 408 (Monterey Peninsula Regional Special Response Unit) Required training:

MPRSU SWAT Team provides internal training for staff members prior to allowing them to operate these vehicles. All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Seaside Police Department and operated by MPRSRU SWAT. This equipment could be used in Seaside by MPRSRU SWAT if they are deployed to an incident within city limits. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 339
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 4 AB 481.pdf - 10 MPRSRU 4 AB 481.pdf
MPRSRU 4 AB 481.pdf
Packet Page 340
AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: Remington 870 Breaching Shotgun
Quantity (existing/sought): 1 (owned by SSPD and used for MPRSRU SWAT Team) Capabilities: Remington 870 12 gauge shotgun modified with pistol grip and barrel standoff designed for breaching doors or other points of entry.

Expected lifespan: Unknown
Manufacturer's description:

The Remington Shotgun is milled from a single block of steel. The stock and fore grip are comprised of fiberglass-reinforced polymer with a rubber over-molding. This shotgun is a U.S.- made pump-action shotgun. The magazine tube holds 6 less-lethal rounds.

Purpose(s)/Authorized Use:

A breaching shotgun can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and other breaching methods are determined to be ineffective.

Shotgun breaching generally needs to be supported by exigent circumstances necessitating immediate access for public safety.

Initial cost: $2,500
Annual costs: $0
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: SSPD Policies - 408 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Seaside Police Department and operated by MPRSRU SWAT.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 341
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 5 AB 481.pdf - 11 MPRSRU 5 AB 481.pdf
MPRSRU 5 AB 481.pdf
Packet Page 342
AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities:

The 37mm Less Lethal Launcher is capable of firing barricade penetrating “OC” rounds which disperse .02 ounces of OC powder into a defined space. These munitions are designed to dislodge barricaded subjects from confined areas.

Expected lifespan: 15 years
Manufacturer's description: The Federal 37 mm Less Lethal Launcher. Is a single-shot break-open platform designed to fire 37mm less lethal oleoresin capsicum munitions.

Purpose(s)/Authorized Use: The 37mm Less Lethal Launchers and “OC” Munitions are intended for use as a less-lethal use of force option.

Initial cost: $0 (not owned by SSPD)
Annual costs: $0 (not maintained by SSPD)
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is owned and operated by MPRSRU SWAT. While the Seaside Police Department does not own this equipment, it could be used in Seaside by MPRSRU SWAT if they are deployed to an incident within city limits. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPDCOLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 343
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 6 AB 481.pdf - 12 MPRSRU 6 AB 481.pdf
MPRSRU 6 AB 481.pdf
Packet Page 344
AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles
Expected lifespan: 15 years
Manufacturer's description:

Penn Arms 40mm Multi-Shot launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum, and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile, and used worldwide by police and corrections officers. The 40mm launcher is available in both pump-action advance and single shot versions Purpose(s)/Authorized Use: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a lesslethal use of force option.

Initial cost: $0 (not owned by SSPD)
Annual costs: $0 (not maintained by SSPD)
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: SSPD Policies - 408 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

The Seaside Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Sand City Police Department for use by MPRSRU SWAT. While the Seaside Police Department does not own this equipment, it could be used in Seaside by MPRSRU SWAT if they are deployed to an incident within city limits.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE SSPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 345