Seaside City Council
February 3, 2022

A G E N D A

CITY OF SEASIDE CONCURRENT MEETING

CITY COUNCIL/SUCCESSOR HYBRID (VIRTUAL & IN PERSON)
AGENCY TO THE Thursday, February 3, 2022
REDEVELOPMENT AGENCY 5:00 PM

MASKS ARE REQUIRED FOR IN PERSON PARTICIPATION REGARDLESS OF

VACCINATION STATUS
Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Seaside City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Seaside City Council and its Boards, Commissions and Committees are being conducted with a hybrid format providing both in person and virtual (electronic) participation in order to promote social distancing and protect the health and safety of attendees.

PUBLIC COMMENTS: To make a public comment, the following options are available:
 Before the Meeting via Email: Written comments can be emailed to [email protected] Include the following subject line: “Public Comment Item #” (insert the agenda item number relevant to your comment). Written comments must be received by 2:00 p.m. on the day of the meeting. All submitted comments will be provided to the City Council or the Board for consideration.  During the Meeting via Oral Comments: When the Chair calls for public comment, attendees can queue to speak with the “Raise Hand” feature. On the Zoom application, click the “Raise Hand” button. On the phone, press *9. The Clerk will call speaker names and unmute speaker microphones. You will have up to 3 minutes to provide your comments, with time set by the discretion of the Mayor.

VIRTUAL MEETING ACCESS
This meeting can be watched via the City of Seaside You Tube channel:
https://www.youtube.com/channel/UC1Cu7854Ohtjpr_XV1tDvRg Or by joining the Zoom webinar link: https://ci-seaside-ca-us.zoom.us/j/81936832059 Or call in phone number: 669-900-9128
Zoom Meeting ID: 819 3683 2059

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Jason Campbell
Jon Wizard
Alexis Garcia-Arrazola
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member
Packet Page 1
City Council CONCURRENT Meeting February 3, 2022 5:00 PM Agenda Page 2

3. INVOCATION AND PLEDGE OF ALLEGIANCE

4. REVIEW OF AGENDA
If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3- majority vote is required).

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

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

7. PRESENTATIONS
A. POLICE DEPARTMENT ANNUAL PUBLIC SAFETY REPORT (POLICE CHIEF

NICHOLAS BORGES)
B. VACCINATION UPDATE (FIRE CHIEF MARY GUTIERREZ)

8. CONSENT AGENDA
A. ADOPT A RESOLUTION MAKING FINDINGS IN ACCORDANCE WITH AB361 AND GOVERNMENT CODE SECTION 54953(E) AUTHORIZING

REMOTE TELECONFERENCE MEETINGS
RECOMMENDATION: Adopt a resolution making findings under AB361 and Government Code section 54953(e) authorizing continued teleconference (Zoom) hybrid meetings.

B. APPROVE MINUTES FROM JANUARY 20, 2022
RECOMMENDATION: Approve minutes as presented in the agenda packet.

C. APPROVE AND FILE CITY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of December 18, 2021, through December 31, 2021, including the payroll and benefits checks, direct deposits, and wired Packet Page 2
City Council CONCURRENT Meeting February 3, 2022 5:00 PM Agenda Page 3 payments related to the pay period ending December 30, 2021. Total Accounts Payable and Payroll for the above referenced period is $1,443,338.45.

D. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of December 18, 2021, through December 31, 2021, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending December 30, 2021. Total Accounts Payable and Payroll for the above referenced period is $33,131.25.

E. ADOPT A RESOLUTION APPROVING THE PROPOSED CHANGES TO THE

CITY OF SEASIDE BOARDS, COMMISSIONS, AND COMMITTEES

HANDBOOK
RECOMMENDATION: Adopt resolution and the updated edition of the Boards, Commissions, and Committees Handbook to include new information, remove outdated details, and increase organizational efficiency as presented.

F. ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS

FOR THE ENGINEERING TRAILER MODIFICATIONS AND AWARDING A CONSTRUCTION CONTRACT TO ONE WORKPLACE L. FERRARI, LLC FOR AN AMOUNT NOT TO EXCEED $39,378.93
RECOMMENDATION: Adopt a resolution approving the plans and specifications for the Engineering Trailer Modifications and awarding a construction contract to One Workplace L Ferrari, LLC for an amount not to exceed $39,378.93. The total construction cost including contingency is $45,285.77.

G. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA

CONSULTING FOR GRANT WRITING SERVICES IN THE AMOUNT NOT TO EXCEED $60,000.00; AND AMENDING THE BUDGET FOR THE CITY OF SEASIDE FOR FISCAL YEAR 2021-2022
RECOMMENDATION: Authorize the City Manager to enter into an agreement with California Consulting, LLC as attached and increase the FY 2021-2022 budget by $60,000.00 (account 100-7410-1030).

H. ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A PURCHASE AGREEMENT AND ALL REQUIRED DOCUMENTS TO
ACQUIRE THE REAL PROPERTY LOCATED AT 962 HILBY AVENUE IN THE AMOUNT OF $500,000.00
RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute a purchase agreement and all other documents and authorizing the Finance Director to make the necessary transactions to purchase the property Packet Page 3
City Council CONCURRENT Meeting February 3, 2022 5:00 PM Agenda Page 4 located at 962 Hilby Avenue (APN 012-371-005) for $500,000.00 plus incidental acquisition costs.

I. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A QUIT CLAIM DEED AND MEMORANDUM OF UNDERSTANDING TO

TRANSFER BLANCO ROAD TO THE COUNTY OF MONTEREY
RECOMMENDATION: Approve a resolution authorizing the City Manager to execute a Memorandum of Understanding and Quit Claim Deed for Blanco Road to the County of Monterey, as the City Council of the City of Seaside acting in its capacity as the Local Reuse Authority and successor to the Fort Ord Reuse Authority.

9. BUSINESS ITEMS
A. ADOPT A RESOLUTION APPROVING THE BROADWAY WALK OF FAME POLICY
RECOMMENDATION: Adopt a resolution approving the Broadway Walk of Fame policy and establishing the Broadway Walk of Fame Adhoc committee.

B. REVIEW OF ABANDONED BUILDING PROGRAM
RECOMMENDATION: Receive report and provide direction to staff.

C. DISCUSS OPTIONS FOR REPLACING THE BASKETBALL COURT AT

LINCOLN CUNNINGHAM PARK TO ENABLE STAFF TO OBTAIN AN

ESTIMATE FOR A NEW COURT
RECOMMENDATION: Review options and provide direction for the replacement of the basketball court at Lincoln Cunningham Park.

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

1. Presentation on cannabis tax schedule (Wizard)

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

COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
This is a time specifically set aside for members of the City Council, the City Manager and City Attorney to make brief comments of general interest to the community and report on committee assignments.

Packet Page 4
City Council CONCURRENT Meeting February 3, 2022 5:00 PM Agenda Page 5

12. CLOSED SESSION
A. CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54957.6 -

CONFERENCE WITH LABOR NEGOTIATORS
RECOMMENDATION: Agency Negotiators: Roberta Greathouse, Acting City Manager; Donna Williamson, Labor Negotiator; Heather Coffman, Labor Negotiator.

Employee Organizations: Seaside Firefighters' Association; Seaside Police Officers' Association; and Seaside City Employees' Association
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:

RECOMMENDATION: Property: Veterans Cemetary (1) Northern Endowment Fund Opportunity Parcel APN 031-152-011 and (2) Southern Development Area Parcel APN 031-152-008
City Negotiators: City Manager
Under Negotiation: price, terms of payment or both
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION (2 MATTERS)
Potential Litigation (2 Matters)
D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: EXISTING LITIGATION
Petrovich, et al. v. City of Seaside, et al.

United States District Court, Northern District
Court case: 5:21-CV-07797-NC

13. ADJOURNMENT
Next Regularly Scheduled Meeting:

FEBRUARY 3, 2022
5:00 PM
The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection Packet Page 5
City Council CONCURRENT Meeting February 3, 2022 5:00 PM Agenda Page 6 during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Governor Newsom's Executive Orders N-29-20 and N-33-20.

Packet Page 6
2021 Annual Public
Safety Report
1 Packet Page 7

UCR PART I CRIME
2 Type of Crime 2017 2018 2019 2020 2021
% Change
Prior YTD
5 Year
Average
% Change
Homicide 2 0 3 0 0 N/A 1 100.00%
Rape 8 13 11 14 9 -36% 11 -18%
Robbery 30 24 12 17 25 47% 21.6 16%
Assault 57 57 52 42 81 93% 57.8 40%
Total Violent Crime 97 94 78 73 115 58% 91.4 26%
Burglary 82 42 44 49 53 8% 54 -2%
Larceny 364 337 332 394 352 -11% 355.8 -1%
Auto Theft 72 73 67 56 64 14% 66.4 -4%
Arson 2 3 5 1 3 200% 3 33%
Subtotal Property Crime 520 455 448 500 473 -5% 479.2 -1% Total Part 1 Crime 617 549 526 573 588 3% 570.6 3.05%
Packet Page 8
3 UCR PART I CRIME

OVERALL PROPERTY PERSONS
3% 58% 5%
Packet Page 9

TRAFFIC COLLISIONS
4 2017 2018 2019 2020 2021
600
500
400
300
200
100
0 8
16 7 4 3
15 21 6 5 11
573
535
572
355
388
77 108
492
48 53
496
427
444
307
335
Motorcyle Accidents Accidents Involving Pedestrians
Total Reported Accidents Injury Accidents
Packet Page 10

TOP COLLISION LOCATIONS
5 2017 2018 2019 2020 2021
0 20
40 60
80 100
120
140
48 33
29 18
29 123
117
95 70 73
23 30
25 25
21 17 17 17 17
8 40
49 43
30 30
37 35 32 2937
Broadway 1100-1500 Blk Fremont Blvd Noche Buena La Salle Del Monte Blvd Packet Page 11

TRAFFIC CITATIONS
2017 2018 2019 2020 2021 6
0 500
1000
1500
2000
2500
1917
1382
1233
812
1012
Packet Page 12

PARKING CITATIONS
7 2017 2018 2019 2020 2021
0 200
400
600
800
1000
1200
1400
1600
1361
472
388
318
405
Packet Page 13
AWARDS
8 Interaction of the
Month Awards
Life Saving
Awards
Packet Page 14
Culture of Excellence
Packet Page 15 9
Culture of Excellence
10 Seaside Police Department
440 Harcourt Ave
Seaside, CA 93955 Packet Page 16

ANNUAL REPORT
2021
SEASIDE POLICE DEPARTMENT Act. Chief Nick Borges
Website:
http://www.ci.seaside.ca
.us/171/PoliceDepartment]
Tel: [831-899-6748]
Seaside, California
Packet Page 17
2 TABLE OF CONTENTS
MESSAGE FROM THE CHIEF ____________________________________ 3 Mission Statement _____________________________________________ 3 PROCEDURAL JUSTICE_________________________________________ 4 ORGANIZATIONAL CHART 5
SECTION I. UNDERSTANDING UCR CRIME REPORTING 6
National Perspective on Reporting Crime 6
Understanding UCR Figures 7
UCR Part I Offenses 8
SECTION II. UNIFORM CRIME REPORTING 9
2020/2021 UCR Part I Comparison 10
Traffic Data__________ 12
SECTION III. AWARDS 13
SECTION IV. CULTURE OF EXCELLENCE 14

DISCLAIMER: This report provides a snapshot of the Seaside Police Department’s Uniform Crime Reporting (UCR) data that was queried from our TracNet Records Management System (RMS) on January 14, 2021. The Department’s RMS is updated regularly based on ongoing investigations. Since this is a snapshot, data queried before or after this date could change and may vary from other reports.

Packet Page 18
3 A MESSAGE FROM THE CHIEF:

The framework for a positive and lasting relationship begins with TRUST. Our updated Department Motto is a constant reminder of the importance of TRUST:

Transparency, Respect, Unity, Service and Training. The Seaside Police Department is committed to upholding TRUST in our department and our community. As equally important is community safety. Keeping Seaside safe, preventing and resolving public safety matters will continue to be our priority.

MISSION STATEMENT:
“The mission of the Seaside Police Department is to provide quality police services, in partnership with our community, to enhance and maintain a safe environment.”
Packet Page 19
4 PROCEDURAL JUSTICE:

The Seaside Police Department is committed to serving our staff and community in an equitable, honest and compassionate manner. The Seaside Police Department embraces unbiased and equitable policing. The Seaside Police Department continues to fully incorporate the principles of Procedural Justice:

1. Treating people with dignity and respect,

2. Giving citizens voice during encounters,

3. Being neutral in decision making, and

4. Conveying trustworthy motives.

The tenets of procedural justice are also exercised within our organization as a model for external engagement.

Courtesy Yale Law School
Packet Page 20
5 ORGANIZATIONAL CHART:

Seaside Police Department

Acting Chief of Police
Nick Borges
Deputy Chief (temporarily vacant)
PRVNT
Detective (v)
Police
Services
Assistant
Investigations
Sergeant
Detective
Records
Supervisor
Body Camera
Technician
Records
Technician
Community
Services
Officer
Police Commander
(vacant)
CALEA
Accreditation
Manager (v)
Acting Police
Commander
Justin Pascone
Police
Sergeant
Police
Corporal (v)
Police Officer
Canine Officer
Animal Care
Specialist
Vehicle
Compliance
Specialist
Traffic Officer
Chief’s Senior
Administrative
Assistant
Gina
Lualemana
Packet Page 21
6 SECTION I.

Understanding UCR Crime Reporting
National Perspective on Reporting Crime:

According to the Uniform Crime Reporting Handbook, by the U.S. Department of Justice, “Recognizing a need for national crime statistics, the International Association of Chiefs of Police (IACP) formed the Committee on Uniform Crime Records in 1927 to develop a system for collecting uniform police statistics. The Committee first determined that the number of offenses known to law enforcement, whether or not there was an arrest, would be the most appropriate measure of the Nation’s criminality. Next, the members evaluated various crimes on the basis of their seriousness, frequency of occurrence, pervasiveness in all geographic areas of the country, and likelihood of being reported to law enforcement.

Based on this assessment, the Committee identified seven crimes to be reported to the national Program: felonious homicide, rape, robbery, aggravated assault, burglary—breaking or entering, larceny-theft, and auto theft.”
Seaside’s Crime Report:

Seaside understands the importance of collecting and reporting detailed, accurate, and meaningful incident-based data. In 2021, our organization continued reporting under the UCR guidelines. At the beginning of 2021, Seaside began reporting under the National Incident Based Reporting System (NIBRS) in a testing phase. Seaside was the first police organization in the State of California to report NIBRS data to the California Department of Justice (CA DOJ)! As a result, Seaside PD’s Records Management vendor is the only company currently working with CA DOJ on finalizing the platform to send data. With the use of NIBRS, the Seaside Police Department will have the capability to generate reports reflecting a multitude of interrelationships among the collected data—enhancing its ability to analyze crime trends and to implement tactical strategies.

In 2021, and as of today, the FBI UCR data is still being reported as the transition to NIBRS is nearing completion. FBI data is used to identify national and regional crime trends. Data is often used for rankings—although the FBI does not recommend this practice—and is often considered the best available information to compare crime from one jurisdiction to another.

Since UCR data is available for all reporting agencies nationwide, it is also used for the Packet Page 22
7 purpose of making comparisons. Please refer to the section below, “Understanding UCR Figures” and FBI data to understand (in a very general sense) how Seaside compares to peer cities.

To learn more about Uniform Crime Reporting data, please visit https://www.fbi.gov/services/cjis/ucr.

Understanding UCR Figures
UCR compiles detailed reports on two types of offenses: Part “I” offenses and Part “II” offenses. The two groupings are based on the amount of reporting required for each. Both incidents and arrests are reported for Part “I” offenses, while only arrests are reported for Part “II” offenses.

The following criteria is used to determine whether a crime should be designated as a Part “I” offense:

The seriousness or significance of the offense.

The frequency or volume of its occurrence.

The prevalence of the offense nationwide.

The probability of the offense being brought to law enforcement’s attention.

The likelihood that law enforcement is the best channel for collecting data regarding the offense.

The burden placed on law enforcement in collecting data on the offense.

The national statistical validity and usefulness of the collected data.

The national UCR Program’s responsibility to make crime data available not only to law enforcement but to others having a legitimate interest in it.

Part “I” offenses are categorized into one of the following two categories: 1) Crimes Against Persons and 2) Crimes Against Property.

Crimes Against Persons = Scores one offense for each victim Packet Page 23
8 Crimes Against Property = Scores one offense for each distinct operation (Except Motor Vehicle Theft / one offense is counted per stolen vehicle) UCR Part I includes the following offenses:
 Criminal Homicide
 Forcible Rape
 Robbery
 Aggravated Assault
 Burglary
 Larceny-theft
 Motor Vehicle Theft
 Arson

“A lack of transparency results in distrust and a deep sense of insecurity” -Dalai Lama
Packet Page 24
9 SECTION II.

Uniform Crime Reporting (UCR)
2021 Annual Crime Report:

In 2021, UCR Total Crimes Against Persons increased 58% compared to 2020. Crimes Against Persons decreased with forcible rape offenses from 14 to 9. In 2021, robbery increased 47% from 2020. 52% of the robberies in 2021 resulted in the apprehension of a suspect, which is 22% higher solvability rate than the national average. The robberies were primarily random and did not involve an organized group. The increase of robberies began during the start of the year and during the holidays. Aggravated assaults increased 93% in 2021 compared to 2020. 74% of aggravated assaults resulted in criminal arrest which is 21% above the national average solvability rate. Crimes Against Property decreased 5% overall with an 8% increase in Burglary. Larceny decreased by 11%. Auto theft increased by 14% and arson decreased by 200%. The arson cases did not involve significant property damage or injuries. The total overall crime increased 3% in 2021.

Figure 1 – 2021 UCR Part I Offenses
Type of Crime 2017 2018 2019 2020 2021
%
Change
Prior
YTD
5 Year
Average % Change
Homicide 2 0 3 0 0 N/A 1 -100.00%
Rape 8 13 11 14 9 -36% 11 -18%
Robbery 30 24 12 17 25 47% 21.6 16%
Assault 57 57 52 42 81 93% 57.8 40%
Total Violent Crime 97 94 78 73 115 58% 91.4 26%
Burglary 82 42 44 49 53 8% 54 -2%
Larceny 364 337 332 394 352 -11% 355.8 -1%
Auto Theft 72 73 67 56 64 14% 66.4 -4%
Arson 2 3 5 1 3 200% 3 33%
Subtotal Property
Crime 520 455 448 500 473 -5% 479.2 -1%
Total Part 1 Crime 617 549 526 573 588 3% 570.6 3.05%
Packet Page 25
10 Figure 1a – 2020/2021 UCR Part I Comparison

Figure 2 – 2021 TRAFFIC COLLISIONS

0 14 17
42 49
394
56 0 1
9 25
81 53
352
64 1 3
11 21.6

57.8 54
355.8

66.4 3
0 50
100
150
200
250
300
350
400
450

HOMICIDE RAPE ROBBERY ASSAULT BURGLARY LARCENY AUTO
THEFT
ARSON
UCR 2020/2021 Comparison
2020 2021 5 YR Avg
8 16 7 4 3
15 21 6 5 11
573
535
572
355
388
77 108
492
48 53
496
427
444
307
335
0 100
200
300
400
500
600
2017 2018 2019 2020 2021
Motorcyle Accidents Accidents Involving Pedestrians
Total Reported Accidents Injury Accidents
Non Injury Accidents
Packet Page 26
11 Figure 2a – 2021 TRAFFIC COLLISIONS TOP LOCATIONS

Figure 2b – 2021 TRAFFIC CITATIONS

48 33 29
18 29
123
117
95 70 73
23 30
25 25 21 17 17 17 17
8 40
49 43
30 30
37 35 32 2937
0 20
40 60
80 100
120
140
2017 2018 2019 2020 2021
Broadway 1100-1500 Blk Fremont Blvd Noche Buena St
La Salle Ave Del Monte Blvd Canyon Del Rey
1917
1382
1233
812
1012
0 500
1000
1500
2000
2500
2017 2018 2019 2020 2021
Packet Page 27
12 Figure 2c – 2021 PARKING CITATIONS
1361
472
388
318
405
0 200
400
600
800
1000
1200
1400
1600
2017 2018 2019 2020 2021

“I did then what I knew how to do. Now that I know better, I do better.” -Maya Angelou
Packet Page 28
13 SECTION III.

Awards
In 2021, we created a new award to promote positive community engagement:

Interaction of the Month. We also had a live saving award for saving a man in our jail and in the field.

Packet Page 29
14 SECTION IV.

Culture of Excellence
The Seaside Police Department is constantly seeking opportunities to enhance our services, obtain cutting edge training and positively engage our community! Here are a few highlights:

In 2021, Seaside PD received training in Procedural Justice, Racial Profiling, De-Escalation, Communication and Intervention.

Packet Page 30
15 Implemented Employee Wellness & Spousal Support
Intervention Training / Community Outreach

Packet Page 31
16 Shop with a Cop

Adopt with a Cop Ball with a Cop
Packet Page 32
17 Seaside Police Department
440 Harcourt Ave
Seaside, CA 93955
831-899-6748
Packet Page 33

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.A.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Sheri Damon, City Attorney
DATE: February 3, 2022
SUBJECT: ADOPT A RESOLUTION MAKING FINDINGS IN ACCORDANCE WITH AB361 AND GOVERNMENT CODE SECTION 54953(E)

AUTHORIZING REMOTE TELECONFERENCE MEETINGS

RECOMMENDATION
Adopt a resolution making findings under AB361 and Government Code section 54953(e) authorizing continued teleconference (Zoom) hybrid meetings.

BACKGROUND
At the City Council meeting of January 6, 2022, the Council considered and authorized continuing hybrid meetings providing for a combination of teleconference and in-person meetings to conduct the business of the City in accordance with the provisions of AB361 which adds Government Code section 54953(e) to the Brown Act and provides for remote teleconferencing subject to the existence of certain conditions. Government Code section 54953(e) provides that when there is a proclaimed State of Emergency declared by the Governor, a local body may make a determination to authorize a meeting remotely via teleconference as a result of the emergency, within the first 30 days after the first meeting. To do so, a resolution would need to be adopted in which the legislative body finds that a meeting in person would present imminent risks to the health or safety of attendees, or that state or local officials have imposed or recommended measures to promote social distancing. Importantly, the resolution to continue hybrid meetings must be renewed every 30 days.

Since January 6, 2022, the situation has not changed. The State of California remains in a State of Emergency as a result of the threat posed by the COVID-19 pandemic.

Although the FDA and CDC have approved boosters and a vaccination for Children 5- 11, the SARS-CoV-2 virus continues to mutate and there continues to be break-through infections. The City Council continues to recommend masking inside chambers and Packet Page 34

Item No. 8.A. Page 2 of 2
social distancing inside Council Chambers. Finally, renewing this resolution to continue with the option to participate remotely by teleconference (Zoom) to be in the health, safety and welfare of its citizenry during the continuing COVID-19 crisis.

FISCAL IMPACT
Zoom account and on-line services are already included in the budget.

ATTACHMENTS

1. Resolution AB361 Findings
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 35
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE MAKING

FINDINGS FOR THE CONTINUATION OF REMOTE TELECONFERENCE/ZOOM MEETINGS IN ACCORDANCE WITH AB361 AND GOVERNMENT CODE SECTION 54953(e)
WHEREAS, on or about October 7, 2021, the Seaside City Council made findings pursuant to Government Code section 54953(e) and AB361 that allowing hybrid remote teleconferencing meeting was in the best interest of the Citizens of Seaside; and WHEREAS, there continues to be a State of Emergency declared by the Governor in the State of California as a result of the COVID-19 pandemic; and WHEREAS, there continues to be a State of Emergency in the City of Seaside, as declared by our former City Manager; and
WHEREAS, on or about July 2021, City Council as a part of the re-opening of California, began to hold in-person City Council meetings, allowing the public to attend in person fully masked and with social distancing in place, and also provided for electronic participation in the meetings via Zoom; and
WHEREAS, there have been continued transmission of the COVID-19 cases and most hospitalizations in Monterey County primarily due to the Delta and other variants of the SARS-CoV-2, the virus that causes COVID-19. Emerging evidence indicates that the Delta variant is far more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others; and
WHEREAS, the FDA and CDC have approved both a vaccine for children 5-12 and a booster program for certain of the vaccines available for the SARS-COV02 virus neither program having been fully implemented; and
WHEREAS, the City Council now desires to adopt a Resolution finding that the requisite conditions exist for the legislative bodies of the City of Seaside, to conduct remote electronic/teleconference meetings without compliance with Government Code section 54953 (b)(3).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby makes the following findings:

1. The above recitals are true and correct and are incorporated herein by this reference.

2. The City Council determines that as a result of the proclaimed state of emergency in California due to COVID-19, and in particular the continued Packet Page 36
spread of the virus in Monterey County, along with the limited vaccinations for children under the age of 12 and the increased transmissibility of the Delta and other variants of the SARS-CoV-2a virus require the continuation of remote teleconference participation in the conduct of the City’s business.

3. The City Manager and City Attorney shall ensure that all City bodies are authorized to conduct their meetings via the hybrid method, including n person and/or fully remote Zoom/teleconference meetings and are directed to take all steps to implement this Resolution including, continuing to conduct open and public remote meetings in accordance with the requirements of Government Code section 54953(e) and other applicable provisions of the Brown Act.

This Resolution shall take effect immediately upon its adoption and shall be effective for thirty (30) days, unless extended by the City Council.

PASSED AND ADOPTED by meeting of City of Seaside duly held on the 3rd day of February 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
___________________________
Ian N. Oglesby, Mayor
ATTEST:
________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
________________________
Sheri L. Damon, City Attorney
Packet Page 37

DRAFT MINUTES

CITY OF SEASIDE CONCURRENT MEETING

CITY COUNCIL/SUCCESSOR VIRTUAL ONLY
AGENCY TO THE Thursday, January 20, 2022
REDEVELOPMENT AGENCY 5:00 PM

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

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard ABSENT: None

3. INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation was led by Pastor Nicole Harvey-Williams (Seaside Community Seventh Day Adventist Church) and the Pledge was led by Council/Agency Member Jason Campbell.

4. REVIEW OF AGENDA
City Attorney Sheri Damon asked that the Public Hearing item 9A “EXTEND URGENCY ORDINANCE 2011 TO IMPLEMENT NEW STATE LEGISLATION SENATE BILL 9 THAT

PROVIDES FOR MINISTERIAL APPROVAL OF UP TO TWO UNITS AND/OR A LOT SPLIT IN RESIDENTIAL SINGLE-FAMILY ZONES” be continued to a date certain of Thursday, January 27 at 5:00 p.m. to allow the public to take full advantage of the public noticing.

5. PUBLIC COMMENT
Dr. Choi, Peter Kaiser, Annalisa Mitchell, Franco Pacheco, Pastor Ronald Britt

6. PUBLIC AGENCY COMMUNICATIONS
None

7. PRESENTATIONS
A. RECREATION DEPARTMENT'S 2021 YEAR IN REVIEW (RECREATION

DIRECTOR DAN MEEWIS)
Packet Page 38
Thursday, January 20, 2022 City Council CONCURRENT Meeting Page 2 Mr. Meewis provided the presentation and responded to questions from the Council.

B. VACCINATION UPDATE (FIRE CHIEF MARY GUTIERREZ)
Fire Chief Gutierrez provided the presentation and responded to questions from the Council.

8. CONSENT AGENDA
On motion by Council/Agency Member Campbell and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the Consent Agenda as presented.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM JANUARY 6, 2022
ACTION: APPROVED
B. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED & FILED
C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED & FILED
D. APPROVE APPOINTMENTS TO THE COMMISSION ON JOBS,

OPPORTUNITIES AND BUSINESSES IN SEASIDE (C-JOBS)
ACTION: APPROVED
E. APPROVE PROCLAMATION RECOGNIZING FEBRUARY 2022 AS AFRICAN

AMERICAN HISTORY MONTH
ACTION: PROCLAIMED
F. APPROVE THE ON-CALL LIST OF FIRMS TO PROVIDE CITY SURVEYOR

SERVICES
ACTION: APPROVED RESO #22-09
G. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM THE

SEASIDE HIGH SCHOOL BOYS BASKETBALL PROGRAM
Packet Page 39
Thursday, January 20, 2022 City Council CONCURRENT Meeting Page 3 ACTION: APPROVED
H. APPROVE THE ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT (ESCA) QUARTERLY REPORT
ACTION: APPROVED
I. REJECT THE BIDS FOR THE ACCESSORY DWELLING UNIT

DEMONSTRATION PROJECT
ACTION: ADOPTED RESO #22-10
J. ADOPT A RESOLUTION APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT AND FINAL SUBDIVISION MAP FOR PHASE 2A & 2B OF THE

ENCLAVE
ACTION: ADOPTED RESO #22-11
K. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A FACILITY USE AGREEMENT WITH SEASIDE PONY BASEBALL AND SOFTBALL FOR THE 2022 SEASON AND AUTHORIZE WAIVING
$11,233.05 A MONTH IN FEES.

ACTION: ADOPTED RESO #22-12
L. ADOPT A RESOLUTION APPROVING A MEMBERSHIP GUIDE FOR THE

COMMUNITY DEVELOPMENT ADVISORY COMMITTEE (CDAC) FOR THE

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ACTION: ADOPTED RESO #22-13
M.ADOPT RESOLUTION RATIFYING PROCLAMATION OF LOCAL

EMERGENCY
ACTION: ADOPTED RESO #22-14

9. PUBLIC HEARING
A. EXTEND URGENCY ORDINANCE 2011 TO IMPLEMENT NEW STATE LEGISLATION SENATE BILL 9 THAT PROVIDES FOR MINISTERIAL

APPROVAL OF UP TO TWO UNITS AND/OR A LOT SPLIT IN
RESIDENTIAL SINGLE-FAMILY ZONES.

On motion by Council/Agency Member Campbell and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to continue the hearing to a date certain of Thursday, January 27 at 5:00 p.m.

RESULT: 5-0-0-0
Packet Page 40
Thursday, January 20, 2022 City Council CONCURRENT Meeting Page 4 AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: Continued to January 27, 2022 at 5:00 p.m.

Mayor/Chair Oglesby called for recess from 6:32-6:42 p.m.

10. BUSINESS ITEMS
A. DISCUSS OPTIONS FOR COMMERCIAL VACANCY TAX AND BLIGHTED

BUILDING PENALTY (GARCIA-ARRAZOLA)
Council/Agency Member Garcia-Arrazola clarified his request and indicated that he would like the request to be removed from the work plan. Staff was directed to bring back information about the City’s vacant building fee.

On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to remove the vacancy tax and blighted building penalty discussion from the work plan.

RESULT: 5-0-0-0
AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: Approved removal from work plan
B. ADOPT A RESOLUTION APPROVING SEASIDE'S CANNABIS SELECTION

CRITERIA FOR ADDITIONAL CANNABIS RETAIL SHOPS AND AMENDING THE CITY OF SEASIDE'S FEE SCHEDULE FOR FISCAL YEAR 2021-2022 Assistant City Manager Trevin Barber presented the item and responded to questions from the Council
PUBLIC COMMENT: Eloise Shim, Angelica Sanchez
On motion by Council/Agency Member Wizard and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution approving Seaside’s Cannabis Selection Criteria for additional cannabis retail shops and amending the City of Seaside’s fee schedule for fiscal year 2021-2022.

RESULT: 5-0-0-0
Packet Page 41
Thursday, January 20, 2022 City Council CONCURRENT Meeting Page 5 AYES: Campbell, Garcia-Arrazola, Oglesby, Pacheco, Wizard NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #22-15

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS

1. Presentation regarding the tax schedule for Seaside and California’s cannabis tax (Wizard).

B. FOLLOW UP ON PREVIOUS REQUESTS

1. Request to obtain an estimate to repair Lincoln-Cunningham Park basketball courts (Pacheco)
Mayor Pro Tem/Vice Chair Pacheco presented his position and options to the Council for consideration as an item on a future agenda. Staff was directed to bring back the item within 60-120 days for the Council’s consideration of an estimate for the requested work. The item will be placed on the February 3 agenda for the Council’s consideration.

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

13. CLOSED SESSION
City Attorney Sheri Damon read the Closed Session items and did not anticipate a report.

PUBLIC COMMENT: Sarah Hudson, Jacob Ahrenstorff
Acting City Manager Roberta Greathouse, Mayor/Chair Oglesby and Mayor Pro Tem/Vice Chair Pacheco spoke about the passing of City employee Fernando J. Avila (1966-2022) and his impact in the workplace and community.

Mayor/Chair Oglesby and Mayor Pro Tem/Vice Chair Pacheco provided comments on the passing of long time Seaside resident, educator and civil rights advocate, Mrs.

Mary Owens (1935-2022).

Mayor/Chair Oglesby provided comments on the passing of long time Seaside resident, Christine Ellis-Terry (1930-2022).

A. CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54957.6 -

CONFERENCE WITH LABOR NEGOTIATORS
Agency Negotiators: Roberta Greathouse, Acting City Manager; Donna Packet Page 42
Thursday, January 20, 2022 City Council CONCURRENT Meeting Page 6 Williamson, Labor Negotiator; Heather Coffman, Labor Negotiator.

Employee Organizations: Seaside Firefighters' Association; Seaside Police Officers' Association; and Seaside City Employees' Association
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: EXISTING LITIGATION
People v. Arzadon, Monterey County Superior
Court case: 20CV003118
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9: POTENTIAL LITIGATION (2 MATTERS)
Potential Litigation (2 Matters)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:

Property: 031-152-008
City Negotiators: City Manager
Under Negotiation: price, terms of payment or both

14. ADJOURNMENT
The meeting was adjourned in the honor and memory of Fernando J. Avila, Mary Owens and Christine Ellis-Terry at 9:00 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City/Agency Clerk Ian N. Oglesby, Mayor/Chair Packet Page 43

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: February 3, 2022
SUBJECT: APPROVE AND FILE CITY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of December 18, 2021, through December 31, 2021, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending December 30, 2021. Total Accounts Payable and Payroll for the above referenced period is $1,443,338.45.

BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting, the Council is provided a listing of the payroll and general checks issued since the last report so that the checks can be inspected and confirmed. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoices have been reviewed by the Finance Department prior to payment to ensure that they conform to the approved budget.

Therefore, in accordance with Government Code Section 37208, the above referenced and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council for inspection and confirmation.

A description of the checks and wires exceeding $10,000.00 are as follows:
 $75,890.75 to Monterey Peninsula Engineering for SCSD professional services for Lift Station Upgrades during the period of July 2021.
 $64,104.16 to Emergency Vehicle Specialists, Inc. for Police Department Vehicles: upgraded equipment for K-9 vehicle & equipment for (3) 2020 Ford Interceptors.

Packet Page 44
Item No. 8.C. Page 2 of 2
 $22,804.88 to Monterey One Water for Sewage Lift Station Maintenance for the period of July - September 2021.
 $11,685.60 to Monterey Bay Military Housing LLC for United Way rental assistance for 2 tenants for 6 months ending 11/1/2021.  $166,858.45 to DPZ CoDesign, LLC for Seaside East Visioning Charrette Services for the period of 8/3/2021 - 11/3/2021.
 $12,000.00 to Peckham & McKenney for City Manager search services.

The Net Payroll and Payroll benefits total was $751,968.13 The remaining checks, totaling $338,026.48 include payments to vendors for operating expenditures.

The check report is available on the City's website here:
https://www.ci.seaside.ca.us/194/Check-Draft-Register

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None
Packet Page 45

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: Successor Agency to the Redevelopment Agency of the City of Seaside FROM: Roberta Greathouse, Acting City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: February 3, 2022
SUBJECT: APPROVE AND FILE SUCCESSOR AGENCY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of December 18, 2021, through December 31, 2021, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending December 30, 2021. Total Accounts Payable and Payroll for the above referenced period is $33,131.25.

BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting the Council is provided a listing of the payroll and general checks issued since the last report so that it can inspect and confirm these checks. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoice has been reviewed by the Finance Department prior to payment to ensure that it conforms to the approved budget.

Therefore, in accordance with Government Code Section 37208, the above referenced, and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council for inspection and confirmation.

A description of the checks and wires exceeding $10,000 are as follows:
 $33,131.25 to U.S. Bank St. Paul for Debt service payment from the Successor Agency to the Redevelopment Agency of the City of Seaside 2014 Tax Allocation Bond.

The check report is available on the City's website:

Packet Page 46
Item No. 8.D. Page 2 of 2
https://www.ci.seaside.ca.us/194/Check-Draft-Register

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS

1. 20220203 - SA Expense Approval Report
Packet Page 47
1/19/2022 10:20:23 AM Page 1 of 2
Expense Approval Report
Seaside, CA By Vendor Name
Payment Dates 12/18/2021 - 12/31/2021
Vendor Name Payable Number Description (Payable) Account Name Account Number Amount Vendor: 8526 - U.S. BANK ST. PAUL
U.S. BANK ST. PAUL 213462000 2/1/22 DEBT SVC / ACCT #213462000 2014 BOND RESERVE - US BANK 972-1014 33,131.25 Vendor 8526 - U.S. BANK ST. PAUL Total: 33,131.25
Grand Total: 33,131.25
Packet Page 48
Expense Approval Report Payment Dates: 12/18/2021 - 12/31/2021 1/19/2022 10:20:23 AM Page 2 of 2
Report Summary
Fund Summary
Fund Payment Amount
972 - SA MERGED DEBT SERVICE 33,131.25
Grand Total: 33,131.25
Account Summary
Account Number Account Name Payment Amount
972-1014 2014 BOND RESERVE - US… 33,131.25
Grand Total: 33,131.25
Project Account Summary
Project Account Key Payment Amount
**None** 33,131.25
Grand Total: 33,131.25
Packet Page 49

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dominique Davis, City Clerk
DATE: February 3, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE PROPOSED CHANGES

TO THE CITY OF SEASIDE BOARDS, COMMISSIONS, AND

COMMITTEES HANDBOOK

RECOMMENDATION
Adopt resolution and the updated edition of the Boards, Commissions, and Committees Handbook to include new information, remove outdated details, and increase organizational efficiency as presented.

BACKGROUND
Commissions were established by the City Council to act as advisory bodies and provide expertise and guidance to the Council to help achieve the overall goals of the community. Commissions were created for the purpose of overseeing distinct issues and subjects affecting the City; and they also serve as a forum to encourage citizen participation. Currently, the following are active Boards, Commissions, and Committees in the City of Seaside:
• Art and History Commission
• Commission on Jobs, Opportunities, & Businesses in Seaside • Community Development Advisory Committee
• Community Safety Advisory Commission
• Environmental Commission
• Homeless Commission
• Neighborhood Improvement Commission
• Parks and Recreation Commission
• Planning Commission
• Traffic Advisory Committee
• Youth Commission
Packet Page 50

Item No. 8.E. Page 2 of 4

PURPOSE OF THE HANDBOOK
In October 2019, the City Council adopted changes to the Boards, Commissions, and Committees Handbook to provide further clarification of each committee / commission member's scope of authority; explain requirements for staff & commissioner interactions including an expected code of conduct; expanded the explanation of requirements for attendance and responsiveness; inclusion of a recognition process when resignations or vacancies occur to show appreciation for service; and modification to the application and appointment process.

The purpose of the handbook is to help explain the purpose, process, and expectations of serving on a commission and help those newly appointed become familiar with standard procedures and protocol. Although commissions are unique to themselves, there are procedures, protocols and policies that are common to all of them. The handbook has been prepared for:

1. Outline the role and function of each City Board, Commission, and Committee.

2. Review important guidelines for all Boards, Commissions, and Committees, as well as the responsibilities of appointed members.

3. Provide information about the history and composition of the City organization.

4. Provide members with the information necessary to understand areas of responsibility for their respective Board, Commission, or Committee, and their role in serving the City.

This handbook also shows the importance to the members that the credibility of a commission is very important and is directly linked to the actions of its members. Public employees, elected officials and volunteers for public organizations have a responsibility to uphold public trust. The handbook provides a code of conduct in an effort to maintain a high level of credibility throughout the community and to strengthen public trust.

CHANGES TO THE HANDBOOK
Changes to the Handbook and Boards, Commissions and Committee practices since last adopted in 2019 are proposed to include the following:
 Within the section "Active Boards and Commissions in the City of Seaside", pages 7-9:
o Add Seaside Municipal Code reference for each Commission o Remove Board of Architectural Review (no longer active) o Update Commission titles to: " Neighborhood Improvement Commission"; "Environmental Commission"; and "Homeless Commission"
o Add definition/description for C-JOBS
o Add definition/description to the Community Safety Advisory Commission o Add definition/description to the Youth Commission
Packet Page 51

Item No. 8.E. Page 3 of 4
o Add reference to the Community Development Advisory Committee membership manual
 Within the section "Process for Filling Services", page 13 o Correct spelling error (waitf to wait)
 Within the section "Getting Started", page 15
o Update the link for copies of the City's Code
o Update the "Resignations" portion on page 16 to remove statement:
"When a resignation occurs..."
 Within the section "Meetings", page 19
o Add section regarding California Government Section 54953(e)(1)(A) and (C): Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Seaside City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Seaside City Council and its Boards, Commissions and Committees are being conducted with a hybrid format providing both in person and virtual (electronic) participation in order to promote social distancing and protect the health and safety of attendees.
o Add section "Avoiding Brown Act Violations with Serial Meetings": The Brown Act prohibits Commission members from engaging in any form of communication among one another outside of a public meeting that leads to a majority developing a concurrence on an action to be taken. The Brown Act states "any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a concurrence as to action to be taken on an item by members of the legislative body is prohibited." (Gov. Code § 54952.2.)
 Within the Section "Basic City Organization", page 25 o Update the City Council meeting times to reflect 5:00 p.m. and that they may be held in virtual, hybrid or in person format.
o Update/correct the link to the City budget
 Update "City Departments" section, page 26
Packet Page 52

Item No. 8.E. Page 4 of 4
o Update organizational chart
o Change reference to City "Departments" rather than Divisions as stated in the current handbook
o Update Department names and descriptions for Community & Economic Development to include Housing
o Add Environmental Services Cooperation Agreement Division Upon approval of the proposed changes, a final design and format for the 2022 edition of the Boards, Commissions and Comittees will be completed, distributed to members and made available for public review on the City's website within 30 days. A hard copy will be kept on file in the City Clerk's office and will be made available for inspection during regular business hours.

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution

2. Current BCC Handbook
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 53
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING THE UPDATED BOARDS, COMMISSIONS AND COMMITTEES

HANDBOOK
WHEREAS, Commissions were created by the City Council to act as advisory bodies and provide necessary information to the Council to help achieve the overall goals of the community; and
WHEREAS, In 2014 the City Council adopted a Boards, Commissions and Committees Handbook to help explain the purpose, process and expectations of serving on a Commission and help those newly appointed become familiar with standard procedures and protocol; and
WHEREAS, on October 3, 2019, the City Council discussed the process for making appointments to Boards Commissions and Committees and reviewed the draft Boards, Commissions and Committees handbook; and
WHEREAS, per the Municipal Code, the City is responsible to establish procedures for recommending applicants for appointment; NOW, THEREFORE BE IT RESOLVED that the Boards Commissions and Committees handbook attached as Exhibit A is hereby adopted as the manual for committee to Boards, Commissions and Committees.

PASSED AND ADOPTED at a regular meeting of the City of Seaside City Council duly held on the 3rd day of February 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
____________________________
Dominique L. Davis, City Clerk
Packet Page 54

BOARDS,

COMMISSIONS
& COMMITTEES
Handbook

CITY OF SEASIDE
Packet Page 55

INCLUDE INNOVATE INSPIRE
OUR MISSION:

Our Vision
Seaside is a vibrant, proudly diverse, energetic and safe community, with extraordinary natural beauty, quality
of life and economic opportunities.

PROVIDE
Provide leadership to
obtain water supply for
desired development &
qualify of life
CREATE
Create vibrant, sustainable
economic development
Strategic Goals

PROVIDE
Provide an increasingly
safe community

DEVELOP
Develop and implement a
qualify infrastructure
program

ACHIEVE
Achieve and sustain fiscal
health and wellness
1 Packet Page 56
Welcome to the City of Seaside!
The expertise and guidance that Boards, Commissions & Committees provide the City Council as the final decision-making body is very important and relied upon heavily by the Council when issues are discussed. These Commissions were created for the purpose of overseeing distinct issues and subjects affecting a city. Although commissions are unique to themselves, there are procedures, protocols and policies that are common to all of them. This handbook has been developed to assist members in becoming familiar with standard procedures and protocol. Use this guide as a road map for your term in office.

For more information about your responsibilities as a Commissioner, please contact the City staff person supporting your board, or contact our City Clerk at [email protected].

THE CITY OF SEASIDE MISSION ........................................................................................1 WELCOME TO THE CITY OF SEASIDE............................................................................2 ROLES & RESPONSIBILITIES.................................................................................................3 CODE OF ETHICS.....................................................................................................................4-6 PUBLIC RECORDS ACT............................................................................................................6 BOARDS, COMMISSIONS & COMMITTEES.............................................................7-9 COMMISSIONS POLICIES AND PROCEDURES................................................10-11 APPOINTMENT REQUIREMENTS & PROCESS.................................................12-14 GETTING STARTED: You've Been Appointed! Now What?......................15-17 MEETINGS.................................................................................................................................18-23 BASIC CITY ORGANIZATION.......................................................................................24-25 CITY BUDGET.................................................................................................................................25 CITY DEPARTMENTS.........................................................................................................26-28 ANNUAL WORK PLAN TEMPLATE & INSTRUCTIONS........................................29 2 Packet Page 57

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
The credibility of a commission is very important. Public employees, elected officials and volunteers for public
organzations have a responsibility to uphold the public trust. This responsibility demands the highest standards of conduct and education to our individual work assignments.

ROLES &

RESPONSIBILITIES
Preserving The Public Trust
Understand that you are in a visible position and represent the City and its citizens.

Information received in the performance of commission duties should not be used as a means for making private profit or advancing the financial interests of others.

Official actions should be disassociated from personal affiliations.

No special favors or privileges can be given to individuals or accepted by a commissioner whether for remuneration or not.

Do not accept gifts or benefits which could be construed as having influence over the performance of your official duties.

Do not attempt in any way to gain special treatment, favors or gifts from anyone inside or outside of the city because of your position.

We have an obligation to remain objective and to render impartial services. The acceptance of any gift, gratuity, favor or special treatment from any business or individual or member of the City could reflect poorly on the integrity of the City and should be avoided at all times.

In order to maintain a high level of credibility throughout the community and to strengthen public trust, the following suggestions are offered:
3 Packet Page 58

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
CODE OF ETHICS ADOPTED JULY 5, 1979
ANY PERSON IN GOVERNMENT SERVICE SHOULD:

LOYALTY: Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department.

RULE OF LAW: Uphold the Constitution, laws, and legal regulations of the United States and all governments therein and never be party to their evasion.

EFFORT: Give a full day's labor for a full day's pay; giving to the performance of his/her duties his/her earnest effort and best thought.

EFFICIENCY: Seek to find and employ more efficient and economical ways of getting tasks accomplished.

INCLUSION: Never discriminate unfairly by dispensing special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties.

PROMISES: Make no private promises of any kind binding upon the duties of office, since a Government employee has no private work which can be binding upon public duty.

CONSISTENCY: Engage in no business with the Government, either directly or indirectly, which is inconsistent with the ideals and ethics which the public perceives as a faith and trust in public officials.

CONFIDENTIAL: Never use any information confidentially in the performance of governmental duties as a means for making private profit.

INTEGRITY: Expose corruption wherever discovered.

PUBLIC TRUST: Uphold these principles, ever conscious that public office is a public trust. “The ethical person
should do more than
he is required to do
and less than he is
allowed to do.”
- Michael Josephson;
Founder of the
Josephson Institute of
Ethics
Ethical behavior is the cornerstone for all aspects of city government. The Seaside City Council reinforces the City’s commitment to ethical government by adopting the letter and spirit of this Code of Ethics. The Code’s aim is to affirm an identity of excellence and integrity for our City’s government through our citizens, our employees and our dealings with other communities and build public trust.

The Code applies to all who represent our City’s government. It includes all elected and appointed officials, citizens campaigning for elective office, City employees and others who participate in City government. As representatives of the City, all are required to subscribe to and understand how the Code applies to them. All must agree to practice the values expressed in the Code in day to day service to the City.
4 Packet Page 59

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Ethics Training
Assembly Bill No. 1234 requires that all members of a legislative body must undergo public service ethics training every 2 years. The requirement applies to the governing body of local agency as well as boards, commissions, and committees, or other local agency bodies, whether permanent or temporary, decision-making or advisory. Therefore, you are required to complete this training.

The Institute for Local Government and the Fair Political Practices Commission (http://www.fppc.ca.gov) developed an online ethics course (http://www.fppc.ca.gov/learn/public-officials-and-employeesrules-/ethics-training.html) to help local officials meet their ethics training requirements. Upon completion of the ethics training, members are required to print their certificate, sign it, and return the original hard copy document to the Clerk's Office.

Conflict of Interest
The State of California, by statute, follows the common law rule prohibiting a representative of a municipality to vote in its legislative body on any issue that affects them individually, or for any public officer to participate in a matter in which there is a personal or private interest. The Seaside Municipal Code also provides against conflict of interest.

To best serve the community, the City Council appoints persons with knowledge of the issues that face the City to serve on boards, commissions, and committees. Consequently, it is inevitable that matters will occasionally come before boards, commissions, or committees in which individual members have a direct or indirect financial interest. When this happens, the member must disqualify him/herself from participating in the discussion and abstain from voting. The law also requires appointed members and certain other City officials to report various financial interests including income, interest in real property, and business interests.

The City of Seaside has adopted a local conflict of interest code as required by the Political Reform Act.

This Act requires the financial disclosure of interests by certain individuals who are in decision-making positions within state and local government
As an appointed member, You are required to complete and file the appropriate conflict of interest forms within 10 days of your first meeting and annually thereafter. Forms and assistance will be provided by the City Clerk's Office, including an annual notification regarding Form 700 thirty days in advance of the due date. Financial disclosure forms are filed with the City Clerk, as a matter of public record. The Fair Political Practices Commission (http://www.fppc.ca.gov) is available for questions concerning conflicts of interest and disqualifications. 5 Packet Page 60

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Conflict of Interest (continued)
Potential conflicts of interest should not be taken lightly. The City Council has placed a special trust in you that should not be abused. It is also important to note that it is a violation of the City Code to vote on a matter knowing that you have a conflict, and that this can result in forfeiture of your position.

If a Commissioner has any doubt as to the propriety or the legality of any proposed action on their part, they are urged to seek the advice of the City Attorney.

When a matter comes before a Commission in which a Commissioner has a direct or indirect financial interest, the Commissioner must disqualify him/herself from participating in the deliberation and must abstain from voting. An explanation for the abstention should be given to the Commission and that reason will be recorded in the minutes. Once the Commissioner has made a statement of disqualification, the Commissioner should leave the room and return only upon conclusion of the matter. The City Attorney may be consulted should it be unclear as to whether or not to abstain.

Public Records Act
The California Public Records Act (the PRA) was enacted in 1968 to: (1) safeguard the accountability of government to the public; (2) promote maximum disclosure of the conduct of governmental operations; and (3) explicitly acknowledge the principle that secrecy is antithetical to a democratic system of “government of the people, by the people and for the people.” What does this mean for you as a Commissioner? It means that the public’s business is always supposed to be public. Any records that are created as part of your participation on a Commission, is accountable to the Public Records Act. Emails, voice mails or hard copy records included. If any member of the public requests to see any record, they have the right to request and we have the obligation to provide it, unless it is exempt from disclosure. Here’s a guide to the public records act if you want to know more, or you can contact the City Clerk:
https://www.cacities.org/Resources/Open-Government/THE-PEOPLE%E2%80%99S-BUSINESS-A-Guideto-the-California-Pu.aspx 6 Packet Page 61

BOARDS, COMMISSIONS
& COMMITTEES

PLANNING COMMISSION
TERM: 4 YEARS | MEETING DATE & TIME: 2ND & 4TH WEDNESDAY OF EACH MONTH AT 7 PM The duties of the Planning Commission are to prepare and periodically review and revise, as necessary, the City's General Plan and implement the General Plan through actions such as administration of specific plans and zoining and subdivision ordinances. They also vet development proposals prior to submission the Council.

Provide in-depth analysis of specific issues in their area of responsibility
Creating a forum to encourage broad citizen participation Acting as a review body for Department operations
Providing an analysis of issues that will be brought forward to the City Council for action
Boards and Commissions are created by the City Council to act as advisory bodies and provide necessary information to the Council to help achieve the overall goals of the
community.

Boards and Commissions are responsible for the following:

BOARD OF ARCHITECTURAL REVIEW
TERM: 4 YEARS | MEETING DATE & TIME: 1ST & 3RD WEDNESDAY OF EVERY MONTH AT 5:30 PM BAR is the decision-making body of the architectural review process and is responsivle for the review of various residential and commerical design proposals, including second-story residential additions, commercial facade changes, new commercial signs, and other design related projects.

Active Boards and Commissions in the City of Seaside
7 Packet Page 62

BOARDS, COMMISSIONS
& COMMITTEES

ART & HISTORY COMMISSION
TERM: 4 YEARS | MEETING DATE & TIME: 2ND WEDNESDAY OF EACH MONTH AT 5:30 PM A&H advises and facilitiates the protection of the City's cultural resources including the collection, promotion, display and preservation of Seaside's historical artifacts, and encourages and prmotes programs of artistic merit.

Active Boards and Commissions in the City of Seaside

NEIGHBORHOOD IMPROVEMENT PROGRAM COMMISSION
TERM: 3 YEARS | MEETING DATE & TIME: 1ST TUESDAY OF THE MONTH AT 6 PM The NIP advises in matters pertaining to general improvement of the neighborhoods within the City. The objectives are to encourage citizens to voluntarily comply with the various city codes relating to the City Council on way sto improve the apperance of the City and to elict voluntary cooperation to beautify and minimize vandalism in the City.

PARKS AND RECREATION COMMISSION
TERM: 3 YEARS | MEETING DATE & TIME: 3RD MONDAY OF THE MONTH AT 5:30 PM PRC advises on matters pertaining to parks and public recreation for the advancement of sound park and recreation planning through recommending policies on recreational services, facilities; administration and development of recreation areas, aiding in coordinating recreation facilities, programs and improved recreation services.

COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
TERM: 2 YEARS | MEETING DATE & TIME: 3RD WEDNESDAY OF THE MONTH AT 5:30 PM CDAC advises for the Community Development Block Grant Program (CDBG) and assists with evaluation and assessment of proposed and implemented programs to meet community needs at both citywide and neighborhood levels and to develop realistic goals and objectives to meet identified needs and to assist in the implementation of the CDBG program and any modifications as determined by community assessment and HUD program requirements. 8 Packet Page 63

BOARDS, COMMISSIONS
& COMMITTEES

ENVIRONMENTAL COMMITTEE
TERM: 3 YEARS | MEETING DATE & TIME: 2ND TUESDAY OF EACH MONTH AT 5:30 PM The Environmental Committee investigates and advocates sound environmental policy and action in the areas of air quality, water quality, energy and waste management, flora and fauna protection and community planning.

Active Boards and Commissions in the City of Seaside

HOMELESS COMMITTEE
TERM: 3 YEARS | MEETING DATE & TIME: 4TH THURSDAY OF THE MONTH AT 6:30 PM The Homeless Committee is responsible to plan, advocate, support and collaborate with those effected by homelessness.

C-JOBS
TERM: 3 YEARS | MEETING DATE & TIME: 3RD MONDAY OF THE MONTH AT 5:30 PM -----------------ADD INFO-------------------------
9 Packet Page 64

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Commissions Policies
& Procedures
The City Council encourages active citizen participation in the business of city government. Boards, Commissions, and Committees provide an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by the Council.

Commissions can improve the quality of city government by providing to make better-informed decisions. These bodies improve lines of communication between the public and Council, create greater opportunities for discussion of public issues and more citizen involvement in City government.

Your role as an appointed representative of the City Council carries with it a significant responsibility. The City Council encourages you to conduct yourself with politeness and courtesy with staff and whenever in the public eye. Yours is a position of service that is charged with maintaining the public trust. It is important that you not abuse that trust. 10 Packet Page 65
General Guidelines for Appointed Members
Understand the role and responsibility of the Board, Commission, or Committee.

Be informed of its functions, work programs and relationship with other bodies.

Represent the overall public good, not the exclusive point of view of a sole group or interest.

Keep all lines of communication open. Each appointed member serves as a communication link between the community, the City Council, and staff.

Do your homework and be prepared. Appointed members should become familiar with items under consideration prior to meetings in order to be fully prepared to discuss, evaluate, and act on matters scheduled for consideration.

Feel free to seek staff's advice and assistance in advance of a meeting.

Establish a good working relationship with fellow appointed members, the City Council, and your staff liaison.

Understand the scope and authority or your appointed body’s responsibility and strive to work within that scope.

Be a participant, an active representative, and enthusiastic about your role.

Appointment to a Commission is an honor. It provides an opportunity for genuine public service. Each appointed member should be aware of the responsibilities that accompany official service with the City. The specific duties of each body vary with the purpose for which it was formed.

Responsibilities common to all appointed members:

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
11 Packet Page 66
Appointment
Requirements
& Process
Seaside Municipal Code: 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. The City
Council shall establish procedures for
recommending applicants for
appointment. (Ord. 773 § 1 (Exh. A), 1990)
12 Packet Page 67
Process For
Filling
Vacancies
Submit Application
Application
Review/Watif for
Vacancy
Interview With
Council SubCommittee
City Council
Consideration
Appointment/ReAppointment!
13 Packet Page 68

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Application Process
Qualified candidates come from many sources. Individuals who are interested in any commission purpose should submit applications for appointment to the City Clerk. Applications are accepted at any time and are valid for two years. Active recruitment efforts are always occurring, as well.

Process For Filling Vacancies
Recruitment
In the event of a vacancy, the City Clerk advertises to the community for interested and qualified participants through a variety of methods which can include, but is not limited to the following:
newsletters, emails, the agenda, newspaper publication, publication at public posting locations, the City website and social media.

Applicant Screening
If a vacancy occurs, all current applications are reviewed to ensure all qualifications are met then forwarded to the Council Subcommittee, which consists of the Mayor and the Mayor Pro Tem. The Council Subcommittee will then schedule a time to make contact with applicants to discuss their background, community history, aspirations or interest in serving. Every reasonable effort will be made to interview all applicants. After contacting each applicant, the Council Subcommittee will make recommendations to the City Council for appointment to fill a vacancy. Appointments and reappointments are made by the full City Council at a publicly noticed City Council meeting (SMC

2.14.040). The Council Member representative will rotate after every appointment recommendation.

Appointment Limitations
By policy, Commissioners are not permitted to sit on more than one City Board, Commission, or Committee. This does not preclude a member from participating in an "outside" agency such as the Water Management District or Regional Park District. (SMC 2.14.130) Holding Incompatible Offices
Under existing California law, no Commissioner may hold another public office where the two offices are incompatible. When two such offices are incompatible, the member of the board or commission shall be deemed to have forfeited the first office upon acceding to the second. (California Gov. Code Section 1099).
14 Packet Page 69

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Getting Started:

Responsibilities
One of the first duties of a new commissioner is to become familiar with the laws governing the faithful performance of duties. This information may be obtained by referring to City Municipal Code sections governing Boards & Commissions (Seaside Municipal Code Chapter 2.14). Copies of City’s Code are available online http://www.codepublishing.com/CA/Seaside or can be obtained from the office of the City Clerk. In addition, Members may consult with their Commission’s Staff Liaison.

Be Prepared
The role of the Commissioner is to represent the public and the public’s best interest. Commissioners are responsible for reviewing meeting materials in advance, attending meetings regularly and on time, notifying the Staff Liaison and their Chairperson in advance if they cannot attend a meeting, and volunteering for committees (if the Commission has any). Commissioners are expected to have knowledge about City goals and the goals and priorities of the City Council. In order to be an effective Commissioner, you are expected to read this handbook to understand how to comply with all State and local laws and rules regarding meetings.

Staff Liaison & Committee Administration
Each Board or Commission is appointed a staff liaison, who works to facilitate the agenda, work-plan and resources needed for your board or committee. Your staff liason is a vital resource as they are aware of the City Council priorities as well as the City resources and rules. Commissioners and staff are expected to work courteously and professionally with each other at all times. Any questions, issues or concerns about the commission, the work plan or other city business can be directed to your staff liaison or the Chair of your Board or Commission. Commissioners are encouraged to use their staff liaison as a resource and contact them directly if they require additional material or clarification of data. Commissioners are not allowed to direct staff for individual projects. Working through the Chair or staff liaison, any ideas or projects can be agendize for action by the entire commission.

You've Been Appointed!
Now What?
15 Packet Page 70

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Getting Started:

Adherence to Policy
Appointed Commissioners should not approve projects that violate adopted City Council policies. Members can make recommendations to the City Council about exceptions to a City policy, and can also recommend policy changes when appropriate.

Resignations
A member of an advisory commission 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 commission. (SMC 2.14.100). When a resignation occurs, staff will immediately initiate the appreciation process to thank the volunteer for their service to the City of Seaside. This is in addition to invitation to the annual appreciation event.

Removal from Office
The City of Seaside appreciates all commission volunteers and acknowledges the effort it takes to participate on a board, commission or committee. However, there may be circumstances that necessitate removing a commissioner from their position. A member of a commission may be removed from office by a vote of the majority of all members of the City Council. (SMC 2.14.090) Attendance is critical for effective operations of commissions, as quorums are required to conduct business. Failure to adhere to the attendance policy can result in removal from a position. In the event an individual is unable to perform as a commissioner due to health, business or personal reasons, a formal letter of resignation should be submitted to the City Council for action.

You've Been Appointed!
Now What? (continued)
16 Packet Page 71

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Getting Started:

Business Cards
Commissioners may request business cards from the Office of the City Clerk. This is on a request only basis. Business cards must contain only information concerning the Commission, not personal business information. Business cards will include the name of the Commissioner, the name of the Commission, the regular meeting dates and times and the City’s website information. Commissioners are allowed one set of business cards (250) produced by the city within a twelve month period. If more cards are requested, they are to be produced by the City, at the expense of the Commissioner.

Annual Work Plan
Each Commission is required to provide an update to the City Council about its past and future activities through an Annual Work Plan. The Annual Work Plan includes a list of prior year accomplishments. Work Plans are updated each Fiscal Year in accordance with a template and instructions provided by the City Clerk. The Work Plans are to be completed by each Commission and provided to the City Council at a Regular meeting no later than April 15th of each year (SMC 2.14).

Commissioner Appreciation
You have chosen to take on a big role as a volunteer Commissioner, and you deserve a large “Thanks You” for your service. The City would like to thank each of you for your service. During the Fiscal Year 2017-18 (date is to be determined) the City intends to hold a Commissioner Appreciation event to say thank you for volunteering your time, effort. Keep an eye out for the date but in the mean time, please know you are appreciated.

You've Been Appointed!
Now What? (continued)
17 Packet Page 72

MEETINGS

MEETING TYPES

BROWN ACT

PROCESS FOR DEVELOPING THE AGENDA

CONDUCTING THE MEETING

MEETING PROCESS

PUBLIC COMMENT

ELECTION OF OFFICERS

ROLE OF THE CHAIR

ATTENDANCE & RESPONSIVENESS
18 Packet Page 73

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Meetings
Meeting Types
There are three types of meetings: regular meetings, special meetings, and emergency meetings. All meetings must be
open session meetings, with limited exceptions for specified items that may be discussed in a closed session. A
commission may want to use a meeting as a retreat or a
planning session, but such a meeting would still have to be noticed and open to the public. These meetings are subject to Brown Act requirements, and the public may attend all meetings other than Closed Sessions. All meetings require a quorum to proceed with the meeting.

The Seaside Municipal
Code requires that
commissions meet at
least once a month. If a
regular meeting falls on
a holiday, the meeting is
canceled.

A quorum is a majority (half+1) of the entire Commission membership seats, not just those members present or those seats that are filled. When a quorum is not present for a scheduled meeting, the Commission cannot hold the meeting. If there is a chance that additional members needed to comprise a quorum will arrive within a reasonable time, the Chairperson or Deputy Clerk may orally announce that they will wait for a specified time (e.g., 15 minutes) to make a determination on whether the meeting will proceed or need to be declared cancelled due to lack of a quorum.

SPECIAL

MEETINGS

EMERGENCY

MEETINGS

REGULAR

MEETINGS

ALL MEETINGS REQUIRE A QUORUM
19 Packet Page 74

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Meetings
Brown Act - What is it and how does it affect the agenda? The law which guarantees the public’s right to attend and participate in Commission meetings is the Ralph M. Brown Act. The purpose of the Brown Act is to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies. Commissions exist to aid in the conduct of the people’s business, and the meetings must be open to the public. The agenda must be posted in an area that is accessible to the public at least 72 hours before the meeting and on the County’s webpage for meeting agendas. The agenda must include all items which will be discussed or acted upon by the Commission. The Commission cannot discuss, deliberate, or take action on any item not included on the agenda. Every agenda must allow any member of the public to directly address the Commission on any agendized item before or during consideration of that item.

Every regular meeting agenda must also include time for any member of the public to address the Commission on any item not on the agenda which is within the subject matter jurisdiction of the Commission. The agendas will include a statement that such items cannot be acted upon or discussed in depth until they are included on a subsequent agenda for consideration and possible action.

Process for Developing the
Meeting Agenda
The Chairperson works with the Staff Liaison
to coordinate the meeting agenda; however,
the method by which the agenda is
developed varies according to the
procedures of the individual Commissions.

The Liaison advises the Chairperson of items
to be carried forward from prior meetings, as
necessary. Any Commissioner can request
that an item be placed on a future agenda
during a public meeting, or directly to the
Chair.
20 Packet Page 75
Meeting Process
The meetings are called to order by the Chairperson, or Vice Chairperson in the absence of the Chairperson. If neither is in attendance, the Commission selects a Chairperson Pro Tempore to conduct the meeting. The Clerk calls the roll to determine the presence of a quorum, and the Chairperson announces the agenda items for discussion or action. The Chairperson may call for an agenda item out of the order listed on the agenda. Several things may happen with regard to each item on the agenda:

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Meetings
Public Comment
Pursuant to the Brown Act, members of the public have
a right to comment on any agenda item. The
Chairperson establishes the amount of time public
speakers are authorized to speak on each item, typically limiting comments to three minutes.

The item can be deleted from the agenda.

The Commission may discuss the matter without taking any action.

The Commission can hold the matter to a future meeting.

The Commission can refer the matter to staff or a committee for consideration and a subsequent report to the Commission.

The Commission can vote in support of a motion or in opposition to the motion on the matter.
21 Packet Page 76
Election of Officers
The commission chair and vice chair are elected by the commission members and serve a one-year term. The election process is conducted at the beginning of the new calendar year and during the first commission meeting of that year.

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Meetings
Role of the Chair
At the first meeting of every calendar year, the members of a commission are to elect a chairperson and vice chairperson from their members. The chair shall hold office for one year until a successor is appointed.

The principal role of the Chair is to manage the board, commission, or committee meeting. This includes helping to set meeting agendas, maintaining the order of business during the meeting, focusing discussion on the issues at hand, and ensuring that the public appearing before the body are treated courteously.

The Chairperson should take a back seat during discussions while all members of the governing body should know and understand the rules of procedure; it is the Chair who is charged with applying the rules of conduct. The Chair should be well versed in those rules, because the chair for all intents and purposes makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the Chair conducts the meeting, it is common courtesy for the chair to take a less active role than other members of the body in debates and discussions. The chair should strive to be the last to speak at the discussion and debate state, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. 22 Packet Page 77

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Meetings
Attendance &
Responsiveness
Regular attendance at meetings is
critical to the effective operation of City
boards, commissions, and committees
as a quorum is required to be able to
conduct business. Therefore, all
Commissioners are expected to attend
all of their appointed board,
commission, or committee meetings,
including study sessions. A majority of
Commissioners currently appointed to a
commission, half plus one, shall
constitute a quorum for the purpose of
transacting business. If a quorum of
commission members are not present,
staff must adjourn the meeting.

Many items that come before commissions and committees have time requirements to be completed; otherwise it causes a liability for the city and frustration for residents and businesses that are trying to complete projects. If you are unable to attend a meeting, please communicate with your Chair or staff liaison prior to the meeting. If you know in advance that you will be unavailable for a meeting in the future, please communicate that too. This will protect the City, your commission and provide better, more responsive services to our community. If a Commissioner misses more than twenty-five percent of all regular or special meetings in any four consecutive calendar quarters, unless excused in advance by the Chair or the Staff Liaison, the member shall be automatically terminated as a commissioner.

Commissioners will be deemed absent from a meeting if they are not present for two-thirds (2/3) of the entire meeting. If a problem with absenteeism arises, it should be handled between the appointed member and the Staff Liaison or the City Clerk.

If a Commissioner misses
more than twenty-five percent
of all regular or special
meetings in any four
consecutive calendar
quarters, unless excused in
advance by the Chair or the
Staff Liaison, the member
shall be automatically
terminated as a commissioner.

Commissioners will be
deemed absent from a
meeting if they are not
present for two-thirds (2/3) of
the entire meeting.
23 Packet Page 78

BASIC CITY

ORGANIZATION

IT IS IMPORTANT FOR COMMISSIONERS

TO BE FAMILIAR WITH THE CITY

ORGANIZATION, DEPARTMENTS AND

THEIR OPERATIONS
24 Packet Page 79

BOARDS, COMMISSIONS & COMMITTEES HANDBOOK
Basic City Organization
City Council
The five-member City Council is the legislative and policy-making body that is elected on a nonpartisan basis to represent the residents of Seaside. The Mayor is elected every two years in a general election held in November of even-numbered years. Serving with the Mayor, are four members of the City Council who have overlapping terms; every two years, two members of the City Council are also elected by the voters through a general election. Each member of the City Council, including the Mayor, is not subject to term limits.

Policy decisions are made at City Council meetings, which are held on the first and third Thursdays of each month at 7:00 p.m. in the City Council Chambers at City Hall, with special meetings as needed. At these public meetings, the City Council makes policy determinations; approves agreements and contracts; adopts ordinances (local laws) and regulations; and authorizes the expenditure of City funds.

The City Council meetings are held on the first and third Thursday of each month, with special meetings as needed.

City Budget
The City budget document is an important document because the preparation of the budget by the City staff, and its review and adoption by the City Council, determines how resources available to the City are to be utilized by the City in the forthcoming fiscal year.

The City has two fundamental functions, the provision of local governance, with decision making to address the issues before the City, and the provision of services to our residents and businesses. Both of these functions, in order to be effective, must have adequate resources devoted to them; conversely, often City officials desire to do more in certain areas, but are limited by what the City can afford.

If you, as a Board or Commission member, have questions about the City’s goals/objectives, or about the City’s budget, please ask your staff liaison for further explanation.

The City Budgets are all available on our City website:
http://www.ci.seaside.ca.us/609/Strategic-Plan
25 Packet Page 80

CITY DEPARTMENTS

CITY MANAGER
The City Manager acts as
the liaison between the
City Council and staff. The
City Council sets priorities
and provides direction and
the City Manager works to
implement their direction. City operations are broken
down into city
departments, which are
responsible for providing a
variety of services to the
community and each of
which serves an nvaluable
and significantly different
function.

CITY OF SEASIDE

ORGANIZATIONAL CHART
CITY

ATTORNEY
The City Attorney
is also appointed
by the Council to
represent and
guide the City as it
relates to the city,
state and federal
laws as well as
keep the Council
informed of the
legal implications
of policy decisions.

CITY CLERK
The City Clerk is the local official who administers
the democratic processes such as access to City
meetings, records, elections and all legislative
actions and ensures transparency to the public
by enforcing Federal, State and local statutes
including the Political Reform Act, The Brown
Act, and the Public Records Act. This
department is responsible for he City Clerk is
responsible for coordinating City Council
meetings including the preparation and
publishing of Agendas and Minutes for public
meetings, Maintaining the records management
plan for the entire city, maintenance of the
Seaside Municipal Code, responding to requests
for public information and conducting City
Elections.
26 Packet Page 81

HUMAN RESOURCES DIVISION
The Human Resources Division administers a centralized, merit based personnel system, including recruitment, testing, selection, and placement of employees. They manage the classification of positions and employee relations which includes, negotiations, grievances, discipline and complaints; employee development and training; and employee benefits administration.

FIRE DEPARTMENT
The Fire Department provides the community with professional services to protect the lives, environment and property in the City of Seaside as well as in the City of Del Rey Oaks from fire, disaster and health emergencies. Fire Department personnel are involved in numerous committees, commissions, organizations and outreaches in the community. They are also responsible for disaster preparedness and the Emergency Operations Center (EOC). The EOC is the coordination and communication hub in the event of large-scale disasters. The Fire Department remains focused on their mission to serve as an “all hazards” response force to various types of emergencies; at the same time fulfilling the ever expanding role in providing emergency medical response to our community.

POLICE DEPARTMENT
The Police Department provides quality law enforcement and proactive services and works in partnership with the community to enhance and maintain a safe environment. The Police department encourages community involvement in keeping our community safe. The Police Department participates in a variety of programs throughout the county to prevent crime, protect citizens and ensure the safety of our community. Police Officers can respond if a crime is committed, but it takes a community working together to make everyone accountable. If you witness a crime, call 911. If it is not an emergency, call the non-emergency line at 394-6811.

RECREATION
The Recreation Division provides a wide range of recreation and leisure programs for City Residents. The Division is also responsible for the management of four major recreation facilities and the provision of the recreation programs for families, youth and senior citizens.

CITY DEPARTMENTS
27 Packet Page 82

FINANCE DIVISION & INFORMATION SYSTEMS
The Finance Division has several areas of responsibility including General Accounting, Cash Management, Accounts Receivable, Accounts Payable, Payroll, Budget, Grants and Debt Services.

This Division provides accurate accounting of all revenues and expenditures, including preparation of financial reports, annual budgets, other financial reports, and supports the preparation of the annual audited financial statements. The Management Information Systems Division is responsible for the administration of the City’s computer and telephone network, infrastructure and all related information technology projects.

COMMUNITY & ECONOMIC DEVELOPMENT
The Community and Economic Development Division is responsible for the administration of the City’s planning, economic development and the Community Development Block Grant activities. Planning includes advanced and current planning and environmental review. Economic Development coordinates and implements priority projects. CDBG administers the Commercial Façade, housing rehabilitation and public service grant.

BUILDING & CODE ENFORCEMENT
The Building Department mission is to enforce and maintain public safety, health, and welfare.

Through the use of building permits, the Building Department can ensure that structures are built to safe building code standards. The Building Department also enforces the City's Municipal Code. Before starting any type of building project or major repairs, it is recommended that the owner contact the Building Department to verify whether or not a permit is required for the scope of work that is being proposed.

ENGINEERING & PUBLIC WORKS
The Public Works Department is responsible for the design, construction and physical repairs to the City’s infrastructure including streets, water systems, sewer system, storm drain system, park facilities, City buildings and transportation/traffic systems. They are also responsible for the design, implementation and administration of the annual Capital Improvement Program.

CITY DEPARTMENTS
28 Packet Page 83

ANNUAL WORK PLAN TEMPLATE

AND INSTRUCTIONS
Cover Sheet (Page 1)
This area should include the name of the Board or Commission, the timeframe covered by the Work Plan (i.e. Fiscal Year 2016, July 1, 2015 – June 30, 2016), members’ names, Chairperson’s name, and vacancies as of April 1. Do not list Commissioner addresses or phone numbers on the Work Plan. This page will need to be updated each year.

Mission Statement (Page 2)
This area of the Work Plan should clearly state the mission of the Board or Commission. The mission may be extracted from the enabling legislation (i.e. Ordinance, Board action, Resolution) that formed the Board or Commission or may be a purpose statement approved by the Board or Commission and derived from the enabling legislation. This section may also contain the roles and responsibilities of the Board or Commission. This page may not need to be updated each year.

PLEASE USE THE FOLLOWING INSTTRUCTIONS WHEN COMPLETING THE WORK PLAN:

This is a standard template for use by Boards and Commissions in completing their annual Work Plans. Work Plans are based on a fiscal year rather than a calendar year. Work Plans are to be completed by each Board and Commission and approved at a regular Board or Commission meeting no later than April 1 of each year. The Office of the Clerk will then transmit the Work Plans to the City Council for approval in May.

Historical Background (Page 2)
This area should provide the reader with some historical information about the Board or Commission (i.e. when it was formed, issues of focus in years’ past, significant outcomes of work by the Board or Commission). NOTE: Accomplishments from the previous year should not be discussed here – there is another area on the Work Plan where this is done. This page may not need to be updated each year.

Fiscal Year Work Plan (Page 3)
This area should provide the goals/objectives (no more than five) of the Work Plan, the activities planned to accomplish the goals, the priority ranking of each goal and the timeline anticipated to accomplish the goal. This page will need to be updated each year.

Prior Year Accomplishments (Page 4)
This area should address the prior year Work Plan accomplishments including each goal/objective, activities that supported the successful completion of the goal and the status of the goal. The status column should inform the reader whether the goal was a) completed, b) not started and why, c) in process and expected completion date, or d) eliminated and why. This page will need to be updated each year.

Ongoing Projects (Page 5)
This area provides the Board or Commission with an opportunity to inform the reader of ongoing projects that the Board or Commission is continuing to work on. This page may not need to be updated each year.
29 Packet Page 84

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: February 3, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE PLANS AND

SPECIFICATIONS FOR THE ENGINEERING TRAILER

MODIFICATIONS AND AWARDING A CONSTRUCTION
CONTRACT TO ONE WORKPLACE L. FERRARI, LLC FOR AN
AMOUNT NOT TO EXCEED $39,378.93

RECOMMENDATION
Adopt a resolution approving the plans and specifications for the Engineering Trailer Modifications and awarding a construction contract to One Workplace L Ferrari, LLC for an amount not to exceed $39,378.93. The total construction cost including contingency is $45,285.77.

BACKGROUND
The City purchased two trailers to serve as temporary work space for City Hall staff until such time as a larger City Hall building could be built. The Engineering Division of Public Works was moved into the west trailer at City Hall around 12 years ago.

The cubicle walls making up the structure of the cubicles inside the trailer were recycled and were in very poor condition at that time. The condition of the cubicles has declined even further over time. In addition, the cubicle walls do not have the correct hardware or connections to be held up correctly, so furniture is holding them up. The cubicle walls are a hazard.

The City of Seaside is doing more Development and Capital Improvement work than they have in many years. As a result, the City is hiring two additional Engineers this fiscal year, and we also have a temporary Administrative Assistant assisting the Engineering Division. In addition, the Communications Specialist is currently working out of the Engineering Trailer. The space in the trailer needs to be maximized in order Packet Page 85

Item No. 8.F. Page 2 of 3
to fit all of the engineering and other staff in the trailer.

The Engineering Trailer Modifications (Project) involves the ordering, delivering and installation of cubicle systems and associated desks. City staff had been working with a designer to design the Project since June 2021. The plans and specifications for the design of the Engineering Trailer Modifications are attached as Attachment 3. The design was completed and Project was released for construction bids on November 25, 2021. Despite staff outreach to several companies that perform office modifications, only one bid was received. The bid was received from One Workplace L Ferrari, LLC. in the amount of 39,378.93. After evaluation of the bid and required documents submitted, it was determined that One Workplace L Ferrari was determined to be a responsive and responsible bidder. Staff recommends a construction contract for the Project be awarded to One Workplace L Ferrari, LLC.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this construction project in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Existing Facilities) under Section 15301(a). The project performs minor upgrades to the cubicle and associated desk systems, and involves negligible or no expansion of use.

FISCAL IMPACT
The proposed construction agreement with One Workplace L Ferrari, LLC is a not to exceed amount of $39,378.93. In addition, a construction contingency of 15%, or $5906.84, is required for expenses from unforeseeable issues that arise during construction.

The engineering trailer modification expense was included in the FY 2021/ 22 budget in the Government Buildings Account (Acc No. 100-8310-2073).

Staff recommends approving a resolution (attachment 1) to approve the plans and specifications (attachment 3) for the Engineering Trailer Modifications and award a construction contract (attachment 2) to One Workplace L Ferrari, LLC for an amount not to exceed $39,378.93 and total construction cost including contingency of $45,285.77.

ATTACHMENTS

1. Resolution

2. Construction Agreement

3. Plans and Specifications
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Item No. 8.F. Page 3 of 3
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE PLANS AND SPECIFICATIONS FOR THE ENGINEERING

TRAILER MODIFICATION PROJECT AND AWARDING A CONSTRUCTION

AGREEMENT TO ONE WORKPLACE L FERRARI FOR AN AMOUNT NOT TO EXCEED $39,378.93 AND TOTAL PROJECT CONSTRUCTION COST INCLUDING CONTINGENCY OF $43,316.83.

WHEREAS, The Engineering Trailer Modifications (Project) project involves the ordering, delivering and installation of commercial furnishings for the Engineering Trailer Modifications project; and
WHEREAS, design of the project was completed in November 2021; and WHEREAS, on November 25, 2021, the project was released for construction bids, and on January 14, 2022, one bid was received from One Workplace L Ferrari; and WHEREAS, One Workplace L Ferrari was determined to be the lowest responsive and responsible bidder in the amount of $39,378.93; and WHEREAS, an amount of $3937.89 contingency, 10% of the contract value, should be authorized on an as required basis; and
WHEREAS, One Workplace L Ferrari has successfully completed similar office modification projects for the City; and
WHEREAS, the project is categorically exempt per Article 19, section 15301(a) of CEQA; and
WHEREAS, the Engineering Trailer Modifications Project (Project) expense was included in the City Capital Improvement Budget as part of the Government Building Account (Acc. No. 100-8310-2073); and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside approves the plans and specifications for the Engineering Trailer Modifications Project dated November 25, 2021; and
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BE IT FURTHER RESOLVED that the City of Seaside City Council authorizes the City Manager to execute a construction agreement with One Workplace L Ferrari for an amount not to exceed $39,378.93; and
BE IT FURTHER RESOLVED that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 10% contingency for written amendments, extensions, and change orders to the construction agreement outlined above such that the full value may not exceed $43,316.83.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 3rd day of February, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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November 2021
Agreement 00 5200 - 1 City of Seaside
Engineering Trailer Modifications
DOCUMENT 00 5200

AGREEMENT
THIS AGREEMENT, dated this ________ day of ________________, 20______ by and between One Workplace L Ferrari, LLC whose place of business is located at 2500 De La Cruz Boulevard, Santa Clara, CA 95050 (“Contractor”), and the City of Seaside (“Owner”), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. ________ adopted on the 3rd day of February, 2021 awarded to Contractor the following Contract:

PROJECT NUMBER
100-8310-2073
Engineering Trailer Modifications
located at
440 Harcourt Avenue, Seaside, California, 93955
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

ARTICLE 1 - SCOPE OF WORK OF THE CONTRACT

1.01 Work of the Contract
A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work).

1.02 Price for Completion of the Work
A. Owner shall pay Contractor the following Contract Sum Thirty-Nine Thousand Three Hundred Seventy-Eight Dollars and Ninety-Three cents ($39,378.93) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.

ARTICLE 2 - COMMENCEMENT AND COMPLETION OF WORK

2.01 Commencement of Work
A. Contractor shall commence Work on the date established in the Notice to Proceed.

B. Owner reserves the right to modify or alter the Commencement Date.

2.02 Completion of Work
A. Contractor shall achieve Substantial Completion of the entire Work within 45 Working Days from the Commencement Date and 5 Working Days following substantial completion to achieve Final Completion.

ARTICLE 3 - PROJECT REPRESENTATIVES

3.01 Owner’s Project Manager
A. Owner has designated Leslie Llantero, Assistant Engineer of the City of Seaside as its Project Manager to act as Owner’s Representative in all matters relating to the Project.

B. City Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.

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November 2021
Agreement 00 5200 - 2 City of Seaside
Engineering Trailer Modifications
C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

ARTICLE 4 - LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

4.01 Liquidated Damage Amounts
A. As liquidated damages for delay Contractor shall pay Owner Three Hundred Dollars ($300.00) for each Calendar Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner Three Hundred Dollars ($300.00) for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

4.02 Scope of Liquidated Damages
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

ARTICLE 5 - CONTRACT DOCUMENTS

5.01 Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto:

Document 00 0115 List of Drawings
Document 00 3132 Material Data & Existing Conditions
Document 00 5200 Agreement
Document 00 5500 Notice to Proceed
Document 00 6113.13 Construction Performance Bond
Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form
Document 00 6530 Release of Claims
Document 00 6536 Guaranty
Document 00 7200 General Conditions
Document 00 9113 Addenda
Document 01 1100 through 01 7700 General Requirements

5.02 There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in Document 00 7200 (General Conditions).

ARTICLE 6 - MISCELLANEOUS

6.01 Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein.

6.02 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

6.03 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Packet Page 91
November 2021
Agreement 00 5200 - 3 City of Seaside
Engineering Trailer Modifications
goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties.

6.04 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at Owner’s Office, and shall be made available to any interested party on request. Pursuant to California Labor Code §§ 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his/her employees. Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.

6.05 During the term of this Agreement, Contractor warrants that it is currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5. Contractor further warrants that any subcontractors who are subject to Public Contract code section 4104, are registered and qualified to perform public work consistent with Labor Code section 1725.5.

6.06 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

6.07 This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Monterey, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of Monterey.

IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written.

CONTRACTOR: __________________ OWNER: The City of Seaside By: ______________________________ By:
(Signature) Roberta Greathouse, Acting City Manager
______________________________ Attest:
(Print Name) Dominique L. Davis, City Clerk
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)

END OF DOCUMENT
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Ex
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ENGINEERING TRAILER MODIFICATION PLANS AND RENDERINGS
November 24, 2021
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Engr Dept.

City of Seaside
PID 215714 Trailer 7
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Engr Dept.

City of Seaside
PID 215714
Trailer 7
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PID 215714
City of Seaside
Trailer 7
Height Adjustable L Desk
Engr Dept.

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Trailer 7
Engr Dept.

City of Seaside
PID 215714
wth Fixed Return
Height Adjustable Straight Desk
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City of Seaside
PID 215714 Trailer 7
Engr Dept.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Trevin Barber, Assistant City Manager
DATE: February 3, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH

CALIFORNIA CONSULTING FOR GRANT WRITING SERVICES IN
THE AMOUNT NOT TO EXCEED $60,000.00; AND AMENDING

THE BUDGET FOR THE CITY OF SEASIDE FOR FISCAL YEAR
2021-2022

RECOMMENDATION
Authorize the City Manager to enter into an agreement with California Consulting, LLC as attached and increase the FY 2021-2022 budget by $60,000.00 (account 100-7410- 1030).

BACKGROUND
The City has historically relied on more common grant finding and grant writing activities to seek appropriate grant funding for its projects/activities, with each department researching and/or learning about grants that are available through their own operational and association contacts.

In October of 2021, the City posted a request for a proposal (Proposal) for grant writing services, which included a scope of work for a needs assessment, access to a regularly updated database of grant opportunities, and assistance in writing grants when the City requested. Staff closed the Proposal at the end of November and a committee was formed to begin ranking the proposals. In December, staff short listed the top three vendors, California Consulting, Harris and Associates, and Kalbacher. After extensive reference checks, California Consulting was selected as the recommended vendor of choice with the highest total score.

California Consulting was highlighted as a firm specializing in grant related government Packet Page 105

Item No. 8.G. Page 2 of 2
affairs in California. The firm practices a full service approach to working with its clients, starting with a needs assessment, and then bringing grant opportunities to the City for review. When potentially helpful, they arrange for their clients to meet directly with grantors, to both establish relations between the City and the grantors, and to help identify which grant programs are best suited to their client's needs. The firm provides grant writing and submission services (assisted by City Staff), and when grants are awarded, they assist in administering the grant, as well as in post-grant administration work. Consultant fees are covered by grant awards in as many instances as possible.

Taking an active role through the entire process is intended to not only find, win and properly administer grants, but to also ensure the client develops a good working relationship with the grantor, and that the grantor is encouraged to consider the City for future grants.

California Consulting's business model is one where, for a fixed monthly fee, there are no limits on the number of grants they'll pursue, lobby, and help administer for the City; and they have offered the City an open-ended month-to-month contract, giving us the opportunity to work with them without a long-term commitment.

FISCAL IMPACT
The proposed contract calls for a fee of $4,000.00 per month plus reimbursement for expenses (postage, copies, etc...) not to exceed $60,000.00 a year. The overall effect on the FY 2021-2022 budget has been attached to the agenda item.

ATTACHMENTS

1. Resolution

2. Agreement - California Consulting

3. Grant Management RFP Final Draft

4. Budget Amendments FY22 as of 02.03.22
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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RESOLUTION NO. 21-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT NOT TO EXCEED $60,000.00 WITH CALIFORNIA CONSULTING TO PROVIDE GRANT WRITING SERVICES; AND AMENDING THE BUDGET FOR THE CITY OF SEASIDE FOR FISCAL YEAR 2021- 2022 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS
WHEREAS, the City wishes to engage outside assistance in developing and implementing a program to find and obtain grants to support City services; and WHEREAS, the City issued a Request for Proposal seeking qualified proposal for Grant Writing Services from October 22, 2021, through November 22, 2021; and WHEREAS, staff has evaluated the merits and qualifications of each submitted proposal, and checked references for the top qualified firms, and concluded that California Consulting’s proposal ranked the highest; and WHEREAS, California Consulting is a full-service firm specializing in developing and assisting municipalities with such grant programs; and WHEREAS, California Consulting has agreed to serve the City of Seaside on a Month-to-month basis, including all of its available services without limitation for $4,000 per month plus expenses; and
WHEREAS, the City Manager prepared and submitted to the City Council a budget for the City of Seaside for Fiscal Year 2021-2022, and the City Council carefully examined, considered, and adopted the same on June 17, 2021; and WHEREAS, city staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2021-2022 in the staff report dated February 03, 2021, for $60,000.00 in the General Fund: Economic Development from fund balance; and
WHEREAS, the City Council has carefully examined the same and is satisfied with said budget amendments; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the Acting City Manager to execute the Professional Services Agreement with California Consulting to provide Grant Writing Services in the amount not to exceed $60,000.00; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside hereby directs the Finance Director to allocate $60,000 from Fund Balance Reserves to account 100-7410-1030 for Fiscal Year 2021-2022.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 3rd day of February 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

ATTEST:
________________________
Ian N. Oglesby, Mayor
_____________________________
Dominique L. Davis, City Clerk
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GRANT WRITING SERVICES
Rev. 2/19 Page 1 COS PSA- Short Form

CITY OF SEASIDE

PROFESSIONAL SERVICES AGREEMENT

GRANT WRITING SERVICES
This agreement is made by and between the City of Seaside (City), and California Consulting (Consultant).

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

C. Compensation: The City shall pay consultant a month-to-month fee of $4,000 plus approved expenses, not to exceed sixty-thousand dollars ($60,000) a year.

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

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

F. Term: The term of this agreement shall commence on February 3, 2022, and terminate February 2, 2023.

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

H. Indemnity: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants Packet Page 109

(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.

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

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

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

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

Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including Packet Page 110

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.

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

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

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

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

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

M. Assignment
a. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, Dan Rodriguez shall perform the services described in this Agreement.
b. Dan Rodriguez may use assistants under his/her supervision to perform services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Dan Rodriguez from Consultant's employ. Should he/she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may Packet Page 111

be otherwise agreed to in writing between the City Engineer and the Consultant.

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

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

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

Approved:

Dated: _____________, 2022 Consultant: _________________________ By: _________________________
Title: _________________________
Address: ____________________________
_____________________________
Dated: _____________, 2022 City of Seaside:
_______________________
By: Roberta Greathouse
Title: Acting City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Consultant’s Proposal
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GRANT WRITING SERVICES
Rev. 2/19 Page 6 COS PSA- Short Form
Exhibit A
Scope of Work
The following are services and/or items that the consultant will be required to provide the City.
• Funding needs analysis – Work with the City’s departments to assess the validity of current funding priority areas and identify new priority areas for funding. • Grant Funding Research – Conduct research to identify grant resources including, but not limited to federal, state, foundation, agencies and organizations that support the City’s funding needs and priorities in the following general areas by way of illustration but not limitation:
o Community/Economic Development
o Affordable Housing
o Workforce Development
o Criminal Justice Technology and Programs
o Infrastructure Development and Maintenance
o Tourism, Parks, and Recreation
o Transportation/Highway /Sustainability/Transit
o GIS Geographic Information System
o Etc.
• On-call Grant Research – In addition to the areas defined above other areas may be also identified through the Funding needs analysis process and throughout the duration of the contract.
• Grant proposal Development – Provide grant proposal writing services associated with the completion of grant applications on behalf of the City, including the preparation of funding abstracts, production and submittal of applications to funding sources. A copy of each grant application submitted is to be provided to the City of Seaside.
• Monthly reports – the successful consultant shall submit monthly reports to the City summarizing the amount of time expended and describe activities undertaken during the previous month.

Packet Page 114
Request for Proposal for Grant
Writing Services
Submitted
November 22, 2021
www.californiaconsulting.org
214 Main Street, Suite 102
El Segundo, CA 90245
Packet Page 115
Cover Letter
Firm Qualifications……………………………………………………………………..1
Methodology and Approach……………………………………………………………3
Municipal Grant Awards................................................................................................. 7 Program Management Team…………………………………………...………………10
Client References………………………………………………………………………13

Table of Contents
Packet Page 116
November 22, 2021
City of Seaside
Trevin Barber, Assistant City Manager
440 Harcourt Avenue
Seaside, CA 93955
California Consulting, Inc. is pleased to provide this response to the Request for Proposal for Grant Writing Services and to introduce the California Consulting Grant Writing Services and Team to the City of Seaside.

Founded in 2004, California Consulting, Inc., a California Corporation, is the largest grant writing firm in California and has developed an expertise in representing municipalities and has extensive experience with federal state and local grant opportunities. California Consulting has exceptional skills in effective and persuasive grant writing for municipalities. Our team has written over 1200 competitive successful federal, state, and private foundation grant applications that have been awarded to our clients.

We are honored to provide grant writing services to the following cities of Patterson, Albany, Fairfield, Glendale, Manteca, Newman, Waterford, Redwood City, Cupertino, Palo Alto among others.

California Consulting has secured over $1.6 billion through the company’s combined efforts as noted in our website www.californiaconsulting.org. Our aggressive, hard-working, and results-oriented style has translated into success for our clients. Our grant writers have developed municipal subject matter expertise in writing federal and state competitive application specifically with public safety agencies, infrastructure improvement, parks, recreation, technology community development and capital assets, as evidenced by our many municipal award-winning applications. Our team has also provided extensive grant administration and post award compliance reporting for awarded federal and state grants with the City of Albany and Napa District Attorney’s Office, among many other public agencies.

California Consulting main office is located 214 Main Street, Suite 102, El Segundo, California 90245 and maintains an office located 1999 Harrison, 18th floor, Oakland, California, 94612. The Contact Person authorized to sign and bind the firm in contract is Steve Samuelian, CEO. He may be reached at (323) 728-9002 or via email at [email protected]. or, the contact personregarding this RFP is Dan Rodriguez, Director of Operations. He may be reached at (323) 728-9002 or [email protected]. In addition, California Consulting has aBay Area office located in Oakland and a Senior Associate responsible for our Bay area client relations. We also have our Director of State Programs, Miriam De Loza based in Sacramento.

Steve Samuelian, CEO
Packet Page 117
1 Firm Qualifications
Founded in 2004, California Consulting has offices in Northern, Central, and Southern California and is a proud sponsor of Municipal Management Association of Northern California (MMANC), California City Management Foundation (CCMF), and League of California Cities. We currently have approximately 80 clients statewide consisting of approximately 40 cities, almost 30 school districts, severalnon-profit, and private sector clients. We have 26 team members from Chico in the North to San Diego in the South. California Consulting continues to grow and the majority of our new clients come from referralsfrom existing clients. We have built a solid reputation by effectively communicating with our clients and working hard for them. California Consulting is the largest grant writing firm in California. We have secured over $1.6 billion for our clients since inception through grant writing and governmental affairs efforts combined. California Consulting is a full-service grant writing firm. We are experts in the fields of grant research and identification, preparing comprehensive and concise grant application packages, submitting grants in a timely fashion and follow through after the grant has been submitted. California Consulting subscribes to a wide range of grant sites that allows us to track current and upcoming grants for use with our clients.

Through years of experience, our grant writers have a proven track record of success and have mastered theirskills of identifying, researching, and obtaining funding forsignificant projects at every levelof government. Our aggressive, hard-working, and results-oriented style has translated into millions of dollars for our clients. Our grant writers are diligent and stay current on every Federal, State, and private grant available on a myriad of different topics and public policy areas. We have written over 1200 competitive successful grant applications that have been awarded.

California Consulting is the leader in the grant writing industry. We have set the standard for the following:

1. Thorough knowledge of policy and subject matter grant writing expertise

2. Collaborative team approach to grant writing for every client

3. Grant advocacy for each client

4. Extensive grant administration, grant management, and grant reporting/compliance experience.

California Consulting staff is experienced in all facets of grant research, grant writing, and grant management. We have a thorough understanding of our client’s needs through open and continual communication. Our grant writers have almost 400 years of grant writing experience combined. CaliforniaConsulting works collaboratively with our clientsto create a strategy identifying funding opportunities thatalign with the client’s needs, whether it’s at the Federal, State, or Private Foundation level. California Consulting is committed to the following:
• Identifying client projects and pairing those projects with funding opportunities • Developing quality grant applications
• Advocating for your grant application during the selection process • Conducting professional grant reporting, administration, and post-award compliance.

California Consulting Team meets via Zoom or conference call with clients to conduct a needs assessment at the outset of the contract in order to identify the Client’s goals. We are extensively Packet Page 118
2 experienced and very capable of arranging and attending any meetings on behalf of the City. The Project Manager assigned to the City of Seaside will be the main points of contact. Our team will meet with the Client immediately and continue to meet with Client monthly to ensure an accurate and quality work product. As well, California Consulting will submit a written monthly report on the first day of each month to the City for all activities conducted for the City in the prior month.

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3 Methodology and Approach
California Consulting is a full-service grant writing firm. Our team members are experts in the fields of grant research and identification, preparing comprehensive and concise grant application packages,submitting grants in a timely fashion, and follow through after the grant has been submitted to determine the status of the application.

California Consulting has a fundamental business philosophy founded on open communication and tailoring the grants we pursue to fit our client’s needs.

1. Funding Needs Analysis: (In-Depth Meeting with Department Heads to review priorities and funding needs). Our team members learn about the client at the outset of the contract by conducting an in-depthNeeds Assessment. Each client is assigned to a lead Project Manager and this Project Manager meets with the client regularly and on an ongoing basis. This relationship building is the key to keeping the grants pursued on target with the client’s overall goals.

Sample questions asked during the Needs Assessment:
a) List and describe any program initiatives or priority projects. b) What needs, projects, or content areas would you like to target for funding? Client can list specificprojects or general areas in which you have funding needs. c) List any grants for which you are considering applying or have decided to apply. In addition,please list what kind of grant-writing support would be helpful for each grant. d) List past grants that have been funded.
e) List past grant applications you would like to revise and submit again. • The Client will provide an established point of contact for California Consulting’s Project Manager for contact regarding the grant.
• California Consulting will have reasonable access to the required information and documentation required to complete the grant on behalf of the Client. • The Client will provide the required information and documentation in a timely manner in order for California Consulting to submit the grant by deadline. • California Consulting will provide a monthly report listing the Grant Opportunities we recommend for the Client based on the input from the Staff through ongoing communication.
• At the discretion of the Client, we will present a report to the City Council once per quarter, or as often as requested by the Client. The report will provide an update on grants written, grant in progress, and provide the Council Members an opportunity to offer their input on the direction of the grant research and identification conducted. • We will provide the Client with monthly reports on grants written, grants in progress, along with upcoming grant opportunities.
• We will provide training to City Staff in preparation of successful grant proposals and applications.

2. Grant Funding Research and Identification: Our Project Managers are experts in grant identification. Our team conducts thorough research on an ongoing basis. We have several grant related search engine and list service websites we subscribe to in order to research all current and upcoming Federal, State, and Private Foundation grants. We track current and upcoming grants in order to let our clients know what is available and what we recommend fit Packet Page 120
4 their specific funding request. The Project Manager will assist the Client in deciding which grants fit best with the Client’s projects as identified in the needs assessment. The Project Manager will advise the Client on the strength of the Client’s project when competing for the grant and will make recommendations based on the Client’s budget and ability to meet the grant requirements, as well as any other factors regardinggrant agency guidelines. We focus our grant research on the following areas (partial list), but not limited to the following:
▪ Community/Economic Development
▪ Affordable Housing
▪ Workforce Development
▪ Criminal Justice Technology and Programs
▪ Infrastructure Development and Maintenance
▪ Tourism, Parks, and Recreation
▪ Transportation/Highway /Sustainability/Transit
▪ GIS Geographic Information System
▪ Community and Municipal Planning

3. Grant Proposal Development: We will write all sections of the grant application. Once a grant has been identified, we work with staff to interpret guidelines and gather information necessary for a strong proposal and application. We take our client’s ideas and turn them into reality. By learning about theClient’s history, needs, and how the award will positively impact the Client’s project, we are able to communicate that information with a clear and concise grant package. When the client and California Consulting agree to develop a grant proposal, our team will develop a checklist and schedule. The checklist and schedule will include what items the Client and California Consulting will each be responsible for and a detailed schedule. The actual writing of the application is California Consulting’sresponsibility. California Consulting retains copies of all grant applications that we submit and will provide a copy to the client.

Below is a list of general tasks for our grant process:
a. Create a task timeline with due dates and ensure the proposed project meets the grant agency’s requirements
b. Review similar successful grant applications and apply where possible c. Collect information on the project
d. Meet with staff to create an accurate scope of work, budget, timeline, narratives, and cost analysis
e. Attend pre-proposal conferences, webinars, as necessary f. Coordinate with local agencies and organizations as needed when applying for collaborativegrants
g. Obtain letters of support, when necessary
h. Work with staff to determine if Board approval is required for submission and work with staff to prepare staff report for City Council
i. Draft proposals and send to staff for review
j. Incorporate staff edits in final drafts
k. Ensure grant application is in the appropriate format with the required number of copies and all other grant requirements are met
l. Submit completed application timely
m. Monitor funding agency until grant awards are announced n. Obtain agency feedback if grant is not awarded and provide Client with findings and advice on future applications

4. Preparation of Grant Application Documentation: The Project Manager will be responsible for preparing any associated exhibits and presentations related to the grant application. The Packet Page 121
5 Project Manager will prepare any studies required related to the grant application. If the study requires the services of a sub-consultant, the Project Manager will assist the Client in developing an RFP/Q in an effort to obtain a qualified sub-consultant for these services. The Project Manager will review and assist the Client in the preparation of plans, specifications, bid documents, and other documents prepared by the Client or other consultants to ensure grant requirements are in compliance.

5. Grant Review and Approval Process: California Consulting takes pride in our impeccable grant applications. We have been successful in obtaining over 1200 grant awards due to our thorough quality assurance measures. Our Grant Mangers conduct group meetings with all Project Managers twice. In addition, our Grant Managers meet individually with each Project Manager regularly to ensure quality control. These meetings thoroughly discuss the client’s needs, what grants are being worked on and other grants that are good fit for the Client. The review processes ensure the best quality product prior to final submission.

6. Project Schedule: We create a precise project timeline to ensure the grant is submitted on time. This timeline not only captures the submission deadline, but establishes internal deadlines/checklist in order to obtain the information needed for a quality submission.

7. Timely Submission: We create a precise timeline to ensure the grant is submitted on time.

This timeline not only captures the submission deadline, but establishes internal deadlines in order to obtain the information needed for a quality submission.

8. Grant Administration: Some grants require post award compliance, reporting, and administration. California Consulting will prepare required agency reports and submit them by the required due date. We propose that to the extent legally allowed; the Client hire California Consulting as grant administrators when dollars are available from within the grant (at no additional cost to the Client). When grant dollars from the grant are not available for administration, reporting, and evaluation purposes we have the ability to provide these services at an hourly rate. If a client is on the monthly retainer model the grant reporting and administration is included in our scope of services.

9. Progress Reports: California Consulting will prepare a monthly written report for the Client reflecting grants in progress, grants submitted, and grants awarded. This will provide the Client witha clear and concise written document each month that details our work status. Our staff is readily available to present this information to the City Council as requested by the Client. Our Project Managers along with the Director of State Programs will participate and attend monthly meetings to report on work and provide updates as required by the Client.

10. Workshops and Community Training Webinars: California Consulting is proud to provide regular grant writing municipal workshops /Zoom webinars (links below), hosted by local elected officials throughout the state of California. Our Northern California host have included U.S. Representative Jeff Denham, Assemblyman Robert Rivas, Assemblyman Villapudua, and Municipal Management Association Northern California (partial list). We also distribute a monthly newsletter (links below), and conduct regular grant writing training to our clients on YouTube: https://youtube/CQ6d-fhMFkw
2021 Newsletters
November- https://conta.cc/3CqQDQ2
October- https://conta.cc/3mszeAF
September - https://conta.cc/3CKjdN5
August- https://conta.cc/3AO0Y8w
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6 Webinar Links
MMASC Webinar- https://conta.cc/3C4CPKM
Supervisor Chaffee and Assemblywoman Quirk-Silva Webinar- https://conta.cc/3n56lfa Senator Caballero Webinar- https://conta.cc/3wx5Y0l
Senator Durazo Webinar- https://conta.cc/3C3Eb8I
Gilroy Chamber of Commerce, Morgan Hill Chamber of Commerce, and ASM Robert Rivas - https://conta.cc/3koS0ZB
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7 Municipal Grant Awards (partial list)
California Consulting is pleased to provide our work experience below for different federal, state, and private foundation grants we have written and been awarded on behalf of our municipal clients.

Grant Name Client Name Award Amount
Alameda County Transportation CommissionComprehensive Investment Plan (CIP) City of Albany $958,073
Hazard Mitigation Program Grant City of Oroville $508,220 Santa Monica Mountain Conservancy Prop 8 Rancho Simi Recreation and Park District
$1,000,000
Emergency Solutions Grant – Corona Virus 2
(CV-2)
City of Fairfield $3,500,000
San Joaquin COG - CMAQ City of Stockton $1,040,000
Cultural, Community, and Natural Resources
Grant
Program - Step 3
City of Twentynine Palms $2,000,000
Prop 1 Stormwater Grant Program City of Baldwin Park $12,500,000 Public Works and Economic Adjustment
Assistance (CARESAct Supplemental
Funding)
City of Twentynine Palm $2,217,668
Recreational Trails and Greenways Rancho Simi Parks and RecreationDistrict
$1,086,986
Carl Moyer Grant City of El Monte $1,377,581
Highway Safety Improvement Plan City of Manteca $1,934,640 Emergency Services Grant City of Fairfield $113,142
Measure W-Safe Clean Water Program
Regional
City of Baldwin Park $14,700,000
SAFER Cosumnes Community Services
District
$7,126,891
Measure A Competitive Grant Program City of Baldwin Park $1,300,000 Coronavirus Relief Fund, CARES ACT
Dollars Allocation
City of Compton $1,210,414
Local Housing and Allocation Formula Grant City of Fairfield $3,500,000 Permanent Local Housing and Allocation
Formula Grant
(2nd)
City of Baldwin Park $2,440,890
Boating Infrastructure Grant (BIG) San Mateo County Harbor District
$1,500,000
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8 Recreational Trails and Greenways City of Twentynine Palm $921,400 Project Homekey Housing Authority of the County
ofSan Bernardino
$1,100,000
CALFIRE Volunteer Fire Assistance City of Newman $11,250 Prop. 68 - Statewide Park Development and
CommunityRevitalization Program (SPP)
City of Westminster $1,290,131
Prop. 68 - Statewide Park Development and
Community
Revitalization Program (SPP)
City of Bell $4,499,388
Prop. 68 - Statewide Park Development and
Community
Revitalization Program (SPP)
City of Baldwin Park $2,552,998
Prop. 68 - Statewide Park Development and
Community
Revitalization Program (SPP)
City of San Fernando $1,114,245
Prop. 68 - Statewide Park Development and
CommunityRevitalization Program (SPP)
City of Bakersfield $3,012,385
Urban Greening grant City of Patterson $1,808,145
Energy Conservation Assistance Act Low
Interest Loan
City of Patterson $2,876,172
Land and Water Conservation Fund City of Bakersfield $3,000,000 CA Census 2020: Regional Administrative
Community-Based Organization Outreach
Ventura County Community
Foundation
$1,115,370
CA State Parks OGALS California Youth
Soccer Recreation
and Development Program
City of Modesto $1,000,000
County of Fresno Mental Health Services North Star Family Group $3,000,000 Energy Conservation Assistance Act Low
Interest Loan
City of Patterson $2,876,172
USDOE ARRA Recovery Act Smart Grid
Demonstrations Grant
- West Village Project
Chevron Energy Solutions $2,500,000
USDOE Energy Efficiency and Conservation
Block Grant
(EECBG)
Fresno County $3,151,300
CALFIRE Urban Forest Improvement and
Expansion Grant
City of Maywood $220,000
WaterSMART Water and Energy Efficiency
Program
City of Needles $213,826
Children’s Environmental Health Initiative TreePeople $74,817 Santa Monica Mountain Conservancy -
Proposition 1
TreePeople $150,000
CalFIRE Urban and Community Forestry
Leafing Out Grant
City of Patterson $51,544
Shuttered Operations Grant City of Vacaville $216,146
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9 Active Transportation Program City of Patterson $99,000 Active Transportation Planning Grant City of Patterson $75,000 CalFIRE Urban and Community Forestry
Management for GHG
City of Patterson $150,400
PDA Planning Grant City of Vacaville $350,000
Active Transportation Program (Cycle 5) City of Waterford $945,631 FEMA Assistance to Firefighters Grant (AFG) City of Vacaville $93,300 Public Works Economic Assistance City of Vacaville $187,500 Cal Fire Urban Forestry Improvement &
Expansion
City of Carson $267,915
CA State Parks/OGALS Land Water
Conservation Fund
City of Oakley $413,515
USDOJ COPS Hiring Program Santa Paula USD/City of Santa Paula PD
$750,000
USDOJ COPS Hiring Program City of Huntington Park $1,125,000 USDOJ COPS Hiring Program City of Orange Cove $125,000
USDOJ COPS Hiring Program City of Chowchilla $189,100
HRSA Mental Health Services Expansion Comprehensive Community Health
Centers
$500,000
By the Numbers (Return on Investment)
$7,750,948
Grant Awards
$37,951,412
Grant Awards
$6,823,061
Grant Awards
$4,390,000
Grant Awards
$2,850,889
Grant Awards
21530% ROI 14,883 % ROI 2173% ROI 3658% ROI 1825% ROI
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10 Project Management Team
California Consulting will provide a project management team that will work in collaboration withyour project managers to provide full grant writing services. The resumes listed below include qualifications, background, relevant skills, and number of years of experience in providing professional grant writing services.

Steve Samuelian, CEO has held various leadership posts during a career spanning over 37 years.Steve was born and raised in the L.A. area and began his political and civic involvement in Los Angeles in1982. In January 1995, Steve was appointed as Field Director for Congressional District

19. He was laterpromoted to District Director overseeing the 19th Congressional District Office staff and District operationsfor the Congressional office, where he served in this capacity for 8 years. In 2002, Steve was elected to theCalifornia State Assembly representing the 29th Assembly District. He was appointed to the Assembly Appropriations Committee by the Speaker and served as the ViceChairman of the Assembly Elections and Redistricting Committee. Previously, Steve was elected to the Board of Directors of the L.A. County Business Federation (BizFed) where he was an elected Executive Committee Member serving as an Officer for one of the largest business organizations in the U.S. Additionally, Steve has been the recipient of severaldifferent awards from the L.A County Business Federation (BizFed) including the “Ambassador of the Year” award in 2018. BizFed is one of the nation’s largest and most prominent business organizations withmany Fortune 500 corporate members. Steve serves as the Co-Chair of the USC Unruh Institute Ambassador Program http://dornsife.usc.edu/unruh/ambassador-press- release/. In January 2020 Steve was appointed as Vice-Chairman of the Athenian Leadership Council, the primary fundraising organization forthe USC Sol Price School of Public Policy. January 2019, Steve served as the Host Committee Chairman for the USC Sol Price School of Public Policy 90th Anniversary Gala at L.A. District Hall. The Price eventwas attended by hundreds of USC alumni, supporters, and several prominent elected officials.

In 2017, Steve was asked to speak to Master’s Degree students at the UCLA Luskin School of Public Affairs and also moderated a panel sponsored by UCLA Luskin in 2016 dealing with the topic of Economic Development in L.A. County. In 2018, Steve was the recipient of an “Outstanding Achievement” award presented to him by the Consulate of the Republic of Armenia in Los Angeles.

Steve has served on the Board of Directors of a Chamber of Commerce, a County United Way, and a Crime Stoppers organization.He has also been quoted in national, state, and local print and electronic media outlets regarding a variety of public policy issues. He has been a guest speaker for many associations (partial list) including League of California Cities, Independent Cities Association, Contract Cities Association, California School BoardAssociation (CSBA), Municipal Management Association of Northern California (MMANC), and others. Steve Samuelian founded California Consulting in 2004 the state’s largest grant writing company and the firm quickly established a reputation for hard work and a commitment to success for its clients.

Dan Rodriguez, Director of Operations. Dan has been with the firm for over five years. Dan was a former elected official for the City of Pomona and appointed Vice-Mayor where he co-chaired the Mayor’s Violence Prevention Task Force resulting in the formation of the Pomona Youth Commission and thePomona’s Youth and Family Economic Development Master Plan. Prior to being appointed Vice- Mayor, Dan was employed with the Pomona Unified School District as a High School Packet Page 127
11 Police Officer, Child Welfare Attendance Manager, and the Superintendent’s Special Liaison for over 15 years. He has held various positions as government relations with municipalities and agencies specializing in business development and investor relations consulting. Dan was a former Los Angeles County Business Federation(BizFed) Business Development and Investment Relations Consultant, and CEO for the Boys and Girls Clubs for Brea-Placentia-Yorba Linda for 7 years, and served as Board Chair for Pomona Valley Boys & Girls Club. Dan earned his Master’s Degree from Biola University, La Mirada, CA.

Project Managers
At California Consulting, we operate using a collaborative team approach to grant writing and grantmanagement. All individuals listed below are highly successful grant writers with an excellent track record. Ashley Ramsey, Senior Project Manager, manages all grant writing efforts and will assist the team whenever necessary.

Ashley Ramsey, Senior Project Manager. Ashely has been with the firm for over five years.

She has a Bachelor’s of Science in Planning with an emphasis in Regional and Environmental Policy and Planning from the Massachusetts Institute of Technology and has written many federal and state grant application that have been awarded. She has professional experience in health care administration, quality control and regulatory compliance for biologics, and early childhood education.

Ashley also has experience in starting and operating an educational community service organization and a biotech firm, and is subject matter expert in transportation planning, social program design, and healthcare access projects.

David Marquez, Senior Project Manager. David has been with California Consulting for over ten years. He is focused on developing capacity building and community development related services on behalf of non-profit agencies, local government, and the private sector to serve the diverse communities of Los Angeles. He has extensive experience and familiarity in the area of community and economic development, social and health services, and planning and land use issues. He has combined his knowledge of varied issues with his experience in policy development, coalition building, grant management, fund development, and local government to develop both strategies for issue-oriented advocacy and program sustainability for his clients. David served as Chief Deputy of Legislation and Policy for former Los Angeles Councilmember Mike Hernandez, where he managed the legislative and planning staff. He began his career as a community organizer, over twenty years ago in East Los Angeles. He graduated from the University of La Verne with a Bachelor of Arts in History and International Studies.

Karen Simpson, Senior Project Manager. Karen has been with California Consulting for sevenyears and has over 30 years of grant writing experience. She has served within municipal government for almost 30 years for the Cities of Los Angeles and Pomona. Ms. Simpson has garnered her grant-writing skills for federal and state funding opportunities from multiple community and economic development programs. She has extensive knowledge and training in grant program management, grant research, grantwriting, and post-award program compliance. Ms. Simpson is skilled in building collaboration between community-based organizations, faith-based entities, educational entities, and social institutions, which resulted in Federal grant awards totaling $10.4 million in less than seven years. She has written grants addressing economic development, housing improvement, and lead-hazard control. Karen has extensive experience in working with non- profit Packet Page 128
12 organizations providing grant writing services, capacity building, and funding strategies to help meet needs in underserved neighborhoods.

Jaimie Lewis, Project Manager. Jaimie has been with the firm for over two years and has a background in finance, budgeting with over 10 years of grant writing experience. Prior to joining California Consulting, Jaimie served as a grant writer and financial analyst for Omnitrans, San Bernardino County’stransportation provider and assisted with projects for the 5310 program, authored vanpool grant (CMAQ Funds), assisted with TIGER grant, managed FTA 5307 funds which funded the San Bernardino Transit Center project, assisted with the Metrolink expansion project in the District of Rialto: Sub Recipient Manager for Measure I Funds and performed the milestone reporting for FTA funding. Jaimie’s experiencealso includes work for the County of San Bernardino as a public health grant auditor, the State Agency of Equalization as a sales and use tax auditor and a small business owner for several businesses she founded. Jaimie has extensive knowledge in grant post award management and milestone reporting, worked with many municipalities and numerous non-profits in the Southern California region, and has written and assisted in the grant management and monitoring efforts for many organizations. She is a graduate of California State University, Northridge, and earned her Bachelor’s Degree in business administration and Master’s Degree in public administration. Jaimie has written competitive grants and discretionary grant to aid in the awarding of over $48 million in federal, state and private funding.

Cecily Harris, Project Manager. Cecily has over 35 years of experience working for numerous nonprofit organizations and municipalities as staff, consultant, or volunteer. Her niche has is on the business side of fund development, government relations, marketing communications, program development and implementation, community engagement, and education. Her passion is grantsmanship– the research, writing, and managing of foundation and government grants. Cecily served on numerous nonprofit organization Board of Directors, was appointed to several city, regional, and State of California committees and commissions. Other recent community service placements included Board Member on the San Francisco Bay TrailProject, Advisory Board Member on the San Francisco Bay Area Water Trail and Commissioner on the State Boating and Waterways Commission.

She now serves on the Metropolitan Council Parks and Open Space Commission, Park and Trails Legacy Advisory Committee as well as serving on the Boards of ArtReach St. Croix, Gateway Browns Creek Trail Association, and North Woods and Waters of the St Croix Heritage Area. Cecily earned a Bachelor of Science degree in Renewable Natural Resources, Wildlife Sciences from the University of Arizona and a Masters of Business Administration, Marketing from Golden Gate University.

Miriam De Loza, Director of State Programs. Miriam’s position gives California Consulting, a hands-on presence in Sacramento with state agencies that dispense grant funds. She is based in Sacramento and holds a bachelor’s degree in Business Administration with a concentration in Accountingfrom CSU, Sacramento. Miriam’s professional experience includes working for the State ofCalifornia andprivate sectorin accounting and finance. She began her career with theCalifornia Prison Industry Authority and held various roles within their Inventory Management Unit. Miriam then transitioned to the CaliforniaHigh Speed Rail Authority where she joined the Budgets team and served as a financial analyst reporting on various federal grant and state funding uses. She oversees our relationships with California State Agencies.

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13 Client References
California Consulting is privileged to provide some of our current clients as references.

1. Client Name: City of Fairfield
Contact Name: Dawn La Bar, Special Projects Manager
E-Mail: [email protected]
Contact Number: (707) 428-7749
Project Description: Local Housing and Allocation Formula Grant Project Grant Award: $3,500,000

2. Client Name: City of Baldwin Park
Contact Name: Manny Carrillo, Director of Parks and Recreations E-Mail: [email protected]
Contact Number: (626) 813-5245 ext. 314
Project Description: Prop 1 Stormwater Grant Program
Grant Award: $12,500,000

3. Client Name: City of Albany
Contact Name: Devora Zauderer, Management Analyst II
E-Mail: [email protected]
Contact Number: (510) 524-8170
Project Description: Grant Administration – State and Federal Grants

4. Client Name: City of Patterson
Contact Name: Ken Irwin, City Manager
E-Mail: [email protected]
Contact Number: (209) 895-8010
Project Description: Urban Greening Grant
Grant Award: $1,808,145
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Cost Fee Schedule
California Consulting offers three (3) different pricing options for Grant Writing Services.

Pricing Option 1: Monthly Retainer
California Consulting’s monthly retainer services include all grant research, grant identification, grant writing, and post award administration as needed. Items 1 – 10 under Grant Writing is included in the Monthly Retainer Services. Below is a more detailed scope of work:

Task Included
in Price
Meet with Client Staff to ascertain needs and goals √
Conduct background research as requested by Client √
Provide advice on best grants for Client to pursue based on project and grant requirements and guidelines
√
Attend meetings in person or by teleconference as necessary √ Develop schedule for grants chosen by Client √
Preparing and writing all grant applications chosen by Client √ Develop evaluation strategies in accordance with funding agency’s instructions
√
Adhere to decisions made by Client relating to grants √ Write all sections of grant applications and proposals √ Draft and finalize grant language with direction of Client √ Ensure timelines for grant submittal are met √
Monthly reports to include grants in progress, grants submitted, and grants awarded
√
Regular communication via email and/or phone regarding upcoming grant opportunities
√
Grant administration and post award compliance as needed √ We propose a flat monthly rate of $4,000, plus reimbursement of out-of-pocket expenses for services explained above.

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Pricing Option 2: Per Grant
We propose an agreement for a Per Grant basis, plus reimbursement of out-of-pocket expenses.

Items 1 – 10 under Grant Writing are not included in the Per Grant Services. The following is a breakdown of cost per grant:

Grant Amount Request Cost
Up to $10,000 $1,500
$10,001 - $50,000 $4,000
$50,001 - $100,000 $5,500
$100,001 - $250,000 $7,500
*Over $250,000 $9,000 - $12,000
*Cost will be determined based on complexity of grant preparation for grant requests exceeding $250,000 Grant research, grant identification, and grant administration can be provided at an hourly rate of $125.00.

For research completed at an hourly rate, client may specify a “not to exceed” amount.

Pricing Option 3: Hourly Rate
We propose a cost on an Hourly Basis, plus reimbursement of out-of-pocket expenses. Our Hourly Rate is $125.00 per hour for all grant writing services by one of our Project Manager.

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City of Seaside
Request for Proposal
Grant Writing Services
Date Issued: Friday, October 22, 2021
Date Due: Monday, November 22, 2021, 4:00 P.M.
440 Harcourt, Seaside, CA 93955
The Qualifications Proposal and Cost Proposal must be submitted in separate envelopes clearly identified and marked:
“Request for Proposal
Grant Writing Services
QUALIFICATIONS”; and
“Request for Proposal
Grant Writing Services
COST PROPOSAL”
Electronic submissions are acceptable to [email protected] All questions regarding the Request for Proposal must be submitted in writing. Please send all questions regarding this Request for Proposal in writing via email to Trevin Barber, Assistant City Manager at [email protected].

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2 Section I – Introduction
The City of Seaside (“City”) invites qualified candidates to submit proposals for contractual grant writing services. The City is seeking to contract with an individual or firm that specializes in the management of the overall grant process and can assist the City to maximize the benefits of grant funding.

It is the intention of the City to apply for grants which address documented City needs associated with service delivery and necessary capital infrastructure improvements. In addition, it is the intent of the City to apply for grants which not only are consistent with identified City needs but those grants that can be properly and efficiently administered by staff taking into account existing duties and responsibilities. The goal of the City’s grant program is to secure funding for services and projects which the City otherwise would be required to utilize local tax dollars. The City is particularly interested in any opportunities that may be available with the Economic Development Administration’s Investing in America’s Communities American Rescue Plan Programs: Economic Adjustment Assistance, Travel, Tourism, and Outdoor Recreation; Affordable Housing; California Cannabis Control grants; planning technical assistance grants; and water infrastructure funding.

Section II – Deliverables
The following are typical services and/or items that the successful consultant will be required to provide the City if it is awarded the contract and should be addressed in each proposal.
 Funding needs analysis – Work with the City’s departments to assess the validity of current funding priority areas and identify new priority areas for funding.
 Grant Funding Research – Conduct research to identify grant resources including, but not limited to federal, state, foundation, agencies and organizations that support the City’s funding needs and priorities in the following general areas by way of illustration but not limitation:
o Community/Economic Development
o Affordable Housing
o Workforce Development
o Criminal Justice Technology and Programs
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3 o Infrastructure Development and Maintenance
o Tourism, Parks, and Recreation
o Transportation/Highway /Sustainability/Transit
o GIS Geographic Information System
o Community and Municipal Planning
 On-call Grant Research – In addition to the areas defined above other areas may be also identified through the Funding needs analysis process and throughout the duration of the contract.
 Grant proposal Development – Provide grant proposal writing services associated with the completion of grant applications on behalf of the City, including the preparation of funding abstracts, production and submittal of applications to funding sources. A copy of each grant application submitted is to be provided to the City of Seaside.
 Monthly reports – the successful consultant shall submit monthly reports to the City summarizing the amount of time expended and describe activities undertaken during the previous month.

Section III - Proposal Contents & Submittal
Requirements
Proposers must submit a detailed proposal which includes, at a minimum, the following:
 Cover Letter
 Define the methodology/approach to be used to identify the needs of the City which would be eligible for funding through grants, including whether costs will be hourly or per grant written and submitted.  Detail the procedure you would utilize in identifying grants which would address the needs identified as above.
 Generally, detail the involvement and role of City staff and City resources in the grant writing process. Describe, in detail, the process you would utilize to prepare the actual grant application.

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4  List your experience in the identification and preparation of grants for municipalities. Specifically, detail your experience with federal and state grants for public safety agencies, infrastructure improvement, parks, recreation, technology community development and capital assets.  List up to five (5) funded grants which you developed detailing the funding source, amount requested and amount funded.
 Describe the background, experience and qualifications of the person(s) who will act as the grant writer and the qualifications of any staff who will assist with the preparation of grant applications (include their role, education, relevant experience and related qualifications)  Provide at least three (3) references including the name of contact, affiliation, address, direct telephone number and email address.  Describe in detail the fee structure you propose for providing grant writing services.

All proposals must be received no later than Monday, November 22, 2021 at 4:00 pm. Electronic submissions are acceptable to
[email protected]. Postmarkswill notbe accepted.

Section IV - Questions
All questions regarding this RFP should be directed via email to [email protected]. All questions and answers will distributed to any person or firm who has expressed interest. Any questions must be submitted no later than Thursday, November 10, 2021.

The City of Seaside will be the fiscal agent for this project. The selected firm will submit invoices to the City of Seaside. The City’s standard form Professional Services Agreement is available on request; insurance and requirements appear below in section VI.

Section V - Selection Process
A Selection Committee will be established. Any firm(s) selected for further Packet Page 136
5 review may be invited for an interview or may be asked for further information for internal review. The final selection will be approved by the Seaside City Council at a yet to be determined date. Final action will include the selected applicant entering into an agreement.

The City of Seaside reserves the right to reject any and/or all submittals, wave provisions of this RFP, issue subsequent RFPs, cancel the RFP, waive technical errors in responses to this RFP and negotiate with any, all or none of the respondents to this RFP.

Section VI – Additional Information
Extension of Deadline – In the event the City elects to extend the deadline for submittal of RFP, all applicants will have the right to revise and resubmit their proposal.

Right to Cancel – The City reserves the right to cancel the request for proposals (RFP), modify any requirements contained within the RFP and request a revised submission from all suppliers, and to establish other evaluation criteria determined to be in the best interest of the City. The City shall also have the right to refrain from awarding the contract altogether. The City can change any aspect of, terminate, or delay this RFP, the RFP process and/or the program which is outlined within this RFP at any time, and notice shall be given in a timely manner thereafter.

Award – Any contract(s) for this Project will be awarded to the qualified Proposer(s) able to effectively negotiate terms for the project(s) that provide the best value to the City as determined solely by City and its agents. The Selection Committee, on behalf of the City reserves the right to reject any or all proposals, to waive any irregularity in any proposal and to determine which, in its sole judgment, best meets the goals of this RFP. The successful provider will be required to enter into an Agreement with the City which will include the requirements of this RFP as well as other requirements to be determined. The City reserves the right to negotiate the price, terms, and scope of services with the proposer, prior to entering into the Agreement.

Prior to award of the contract, the City reserves the right to request additional information regarding the history of operations of the Proposer and its principals. In addition, filed review of existing equipment, facilities and operations may be conducted by the City.

No prior, current or post award verbal conversations or agreements with any officer, agent, or employees of the City shall affect or modify any terms Packet Page 137
6 or obligations of this RFP, or any contract resulting from this procurement.

No Award – Recipients of this RFP are advised that nothing stated herein, or any part thereof, or any communication during the evaluation and selection process, shall be construed as constituting, offering or awarding a contract, representation or agreement of any kind.

Non-Acceptance – Non-acceptance of any proposal will not imply any criticism of the proposal or convey any indication that the proposal or proposed system or equipment was deficient. Non-acceptance will mean that another proposal was deemed to be more advantageous to the City or that no proposal was deemed acceptable.

Not Liable for Costs – The City of Seaside is not liable and will not be responsible for any costs incurred by any provider(s) for the preparation and delivery of the RFP responses, nor will we be liable for any costs incurred prior to the execution of an agreement, including but not limited to, presentations by RFP finalists.

Property of the City – Responses to this RFP will become the property of the City of Seaside, and will form the basis of negotiations of an agreement with the apparent successful provider.

Waiver of Irregularities – The City of Seaside reserves the right, at its sole discretion, to waive minor administrative irregularities contained in any proposal.

No Obligation to Buy – The City of Seaside reserves the right to reject any or all proposals at any time without penalty and from contracting with any provider. The release of this RFP does not convey the initiation of a purchase.

Withdrawal of Proposals – Providers may withdraw a proposal that has been submitted at any time up to the proposal closing date and time. To accomplish this, a written request signed by an authorized representative of the provider must be submitted to the RFP Contact. The provider may submit another proposal at any time up to the proposal closing date and time.

No proposal shall be withdrawn after the date and time set for opening thereof, and all proposals shall remain in effect for one hundred and eighty (180) days after the final proposal submission date.

Errors in Proposal – The City of Seaside will not be liable for any errors in provider proposals. Providers will not be allowed to alter proposal documents after the deadline for proposal submission. Corrections or amendments due to errors identified in the provider’s Proposal may be accepted if this type of correction or amendment is due to typing, Packet Page 138
7 transposition or any other obvious errors. Providers are liable for all errors or omissions contained in their proposals.

Non-Responsive Proposals – Proposals deemed non-responsive will be returned to the proposer.

Non-Assignability - The Provider shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City of Seaside.

Non-Discrimination - The Provider shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this contract, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

Payment Terms - The Provider shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Provider all uncontested amounts set forth in the Provider's bill within 30 days after it is received.

Ownership of Reports and Data - The originals of all studies, reports, exhibits, documents, data and/or other work/material(s) prepared and/or used to comply with any section/condition of these specifications, plus any copies of same required by the agreement to be furnished to the City, shall be deemed to be public records which shall be open to inspection by the public and, as such, shall become and remain the Property of the City.

Amendments to Request for Proposal - The City reserves the right to amend the Request for Proposal by addendum prior to the final proposal submittal date.

Contract Term - This contract will cover services provided until services are rendered and deemed completed, unless upon mutual consent of the parties.

The fee proposed by Provider must be valid for the entire period unless otherwise conditioned in the Proposal.

Non-Exclusive Contract - The City reserves the right to contract with other Professional Service firms during the contract term.

Insurance - The Provider shall meet all provisions, including, but not limited to, appropriate additional insured endorsements relating to insurance coverage as provided forth in Attachment 1.

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8 Public Domain - All products used or developed in the execution of any contract resulting from this Request for Proposal will remain in the public domain at the completion of the contract.

Upon request, all proposals will be available for public review (except financial statements submitted under separate cover with a confidentiality request, which shall be disclosed only upon order of court with competent jurisdiction) once negotiations are complete and contract award is ready to be made to the successful proposer.

Required Timeframes - The office hours shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, so that the staff will be available to City staff.

Conflicts of Interest – Provider agrees to promptly notify City whenever a client of Provider has an interest in any project referred to Provider for professional services. In particular, Provider shall disclose any financial interest or relationship with any construction company that might submit a bid on the resulting construction project. The City may withdraw such project with no compensation due, if the Provider has a conflicting interest.

Conflict of Interest Disclosure - In accordance with California Government Code Section 87306, the Provider awarded a contract may be required to file a Conflict of Interest Statement. If such requirement is made, the filing must be no later than 30 days after the execution of the contract, annually thereafter prior to June 24th of each year for the duration of the contract, and within 30 days of termination of the contract. Failure to file any required statements will result in withholding payment for services rendered.

Inspections - City reserves the right to inspect the work being accomplished by the Provider at any time.

Assignment of Personnel - The Provider shall have City's approval prior making the change(s) in a project team assigned to a project.

Attachment(S):

1. Insurance, Indemnity, Duty to Defend
I. INSURANCE
A. Contractor shall maintain and provide 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 Packet Page 140
9 coverage for contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Any insurance proceeds available to Contractor in excess of the minimum limits and coverage set forth in this Contract and which is applicable to a given loss or claim shall be deemed by this Contract to be applicable to the City of Seaside. A certificate of insurance evidencing this coverage shall be provided to the City prior to the start of any work under this Contract. The City’s Risk Manager may from time to time increase the limits of the required insurance coverage.

B. The City of Seaside is to be named as an additional insured with an endorsement in favor of the City.

C. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the City 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 the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

D. A severability of interests provision must apply for all additional insureds ensuring that Contractor’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.

E. 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 the City and approved in writing.

F. If Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Seaside.

G. Contractor must also maintain worker’s compensation insurance as required by State law.

II. INDEMNITY AGREEMENT
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10 A. Permittee shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with the Contractor’s authorized activities under the terms of this permit unless solely caused by the gross negligence or willful misconduct of the City, its officers, employees, or agents.

B. It is expressly understood and agreed between the parties to this Contract that this is an agreement and contract for access to and for certain events to occur or work to take place on City property.

III. DUTY TO DEFEND
A. As an express and material term of the City’s issuance of this Contract, Contractor agrees to defend, at its sole expense, the Indemnitees from and against any and all Claims arising out of or related to the Contract. Contractor’s duty to defend shall apply immediately upon demand from the Indemnitees for any injury or death to persons or damage to property occasioned by reason of or arising out of the acts or omissions of the City, its officers, employees and/or agents and the acts or omissions of Contractor, his/her/its agents, employees, subcontractors and/or any other person or entity performing work authorized by this Contract.

B. In the event of any controversy, claim or dispute arising out of or relating to this Contract or the violation of any covenant contained herein, the prevailing party shall be entitled to receive from the losing party reasonable expenses, including attorney’s fees and costs.

C. The City Manager or his/her designated representative may, either at the time of the issuance of this contract or at any time thereafter until the completion of the work, prescribe such additional conditions as he/she may deem necessary for the protection of the public property or for the prevention of undue interference with traffic or to assure public safety.

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Aprroval Date Aprroval Date
Adopted Surplus $ 107,278.00 6/17/2021 Projected Unassigned Fund Balance $ 12,966,234.00 6/17/2021 Less: Less:

MCWD Application (40,000.00) 8/19/2021 Highland Otis Park (62,669.00) 8/19/2021 Forklift (35,027.00) 9/2/2021 Ellis Park (390,818.00) 10/7/2021 Disaster Kleenup (50,000.00) 10/7/2021 Parking Lot (1,240,000.00) 10/7/2021 Parking Enforcement Vehicle (80,525.67) 11/4/2021 Laguna Grande Improvements (55,100.00) 11/18/2021 Increase CSS grant (105,459.00) 12/2/2021 Fire Station #1 improvements (paint, doors, etc) (329,761.30) 12/16/2021 Increase City Attorney - personnel budget (16,721.75) 12/2/2021 Hdl - cannabis audit and consulting (75,000.00) 12/2/2021 CA Consulting - Grant Writing Support (60,000.00) pending Less:

Operating deficit (355,455.42)
Running total surplus/ (deficit): $ (355,455.42) Running total, Unassigned Fund Balance: 10,532,430.28 Notes: Operating deficits are paid from unassigned fund balance.

Use of unassigned fund balance will also impact the 5 year forecast presented at the time of budget adoption.

Operating Budget Capital Budget/Unassigned Fund Balance City of Seaside
FY 22 Running Budget totals - budget amendments
As of 03/02/2022
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Ben Nurse, Housing Program Manager
DATE: February 3, 2022
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A PURCHASE AGREEMENT AND ALL REQUIRED

DOCUMENTS TO ACQUIRE THE REAL PROPERTY LOCATED AT
962 HILBY AVENUE IN THE AMOUNT OF $500,000.00

RECOMMENDATION
Adopt the resolution authorizing the City Manager to execute a purchase agreement and all other documents and authorizing the Finance Director to make the necessary transactions to purchase the property located at 962 Hilby Avenue (APN 012-371-005) for $500,000.00 plus incidental acquisition costs.

BACKGROUND
On July 2, 2020, the City Council adopted a resolution to purchase the property at 956 Hilby Ave, given its proximity to the Oldemeyer Center and adjacency to Ellis Park, with the understanding that the acquisition of the property could “both secure future control of the property and provide an affordable dwelling for a Seaside family.” The City purchased 956 Hilby Ave for $450,000 on July 10, 2020.

On October 28, 2020, while managing the renovation of 956 Hilby Ave, the Housing Program Manager approached the owner of 962 Hilby Ave and inquired whether she would consider selling the property to the City. She said at that time that she might consider selling and would have to discuss it with her family. The Housing Manager kept the communication channels open over the next few months.

On January 4, 2022, during a scheduled call, staff shared with the owner the City’s vision of acquiring her property to build affordable multifamily housing at the combined site of 956 and 962 Hilby Ave. She is excited to work with the City to make affordable housing at this site a reality for as many Seaside households as possible. In part to Packet Page 144

Item No. 8.H. Page 2 of 2
support the City’s affordable housing vision, the owner and her family have agreed to sell the property.

According to public record, 962 Hilby is 3 bedroom 2 bath at 1,649 sq. ft., larger than the City owned 956 Hilby, which is 2 bedroom 1 bath at 771 sq. ft. The two lots are about the same size.

The Council reviewed the potential purchase of the property in closed session on January 20, 2022, and authorized purchase of the property. An offer was made and accepted at $500,000. Ratification of the offer in open session is required to move forward to closing on the property. Once acquired, we can publish the combined Hilby site as part of a joint request for proposals (RFP) with other City-owned properties to request proposals for affordable housing projects.
956 Hilby Ave is currently rented on a month-to-month basis with the tenants informed in writing that the City intends to develop the site. Tenants will be given sufficient notice to relocate once a project for the combined site is defined. 962 Hilby Ave will remain vacant temporarily as we move through the RFP and project acceptance process.

FISCAL IMPACT
$500,000 and incidental costs will be paid for from the City’s Merged Housing fund (fund 297). Funding is available as of February 3, 2022.

ATTACHMENTS

1. Purchase Agreement

2. Resolution
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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Residential Purchase & Sale Agreement, 962 Hilby Ave, Seaside, CA Page 1

RESIDENTIAL PURCHASE AGREEMENT
I. The Parties. This Real Estate Purchase Agreement (“Agreement”) made on February 3, 2022 (“Effective Date”) is between a business entity known as City of Seaside, a Municipal Corporation (“Buyer”) with a mailing address of 440 Harcourt Avenue, Seaside, California, 93955, and Simpson Sheila Krebs Trust ("Seller") with a mailing address of 1739 E Janella Way, Sandy, Utah, 84093.

II. Legal Description. The real property is a single-family home with a physical address of 962 Hilby Avenue, Seaside, California, County of Monterey, with an Assessor’s Parcel Number (APN) 012-371-005.

III. Personal Property. In addition to the real property described in Section II, the Seller shall include the following personal property: All contents remaining the in house after closing. The real property and personal property shall be collectively known as the “Property”.

IV. Fixtures. The Parties agree that all fixtures located on or in the Property, including but not limited to storm windows, screens, shades, blinds, heating systems, HVAC components, stoves, air conditioners, pumps, electrical fixtures, and any other equipment, appliance, or furniture that is fixed in position shall be included in the sale of the Property.

V. Earnest Money. After acceptance by all Parties, the Buyer agrees to make a payment in the amount of $5,000.00 as consideration by 2/10/2022 05:00 PM (“Earnest Money”). The Earnest Money shall be applied to the Purchase Price at Closing and subject to the Buyer’s ability to perform under the terms of this Agreement. Any Earnest Money accepted shall be required to be placed in a separate trust or escrow account in accordance with State law.

VI. Purchase Price and Terms. The Buyer agrees to purchase the Property by payment of $500,000.00 (Five Hundred Thousand Dollars) as follows:

All Cash Offer. No loan or financing of any kind is required in order to purchase the Property. Buyer shall provide Seller with documentation verifying sufficient funds to close no later than 5:00 PM on the 3rd business day after contract execution. Seller shall have three (3) business days after the receipt of such documentation to notify Buyer, in writing, if the verification of funds is not acceptable. If Buyer fails to provide such documentation, or if Seller finds such verification of funds is not acceptable, Seller may terminate this Agreement. Failure of Seller to provide Buyer written notice of objection to such verification shall be considered acceptance to verification of funds.

VII. Sale of Another Property. Buyer's performance under this Agreement shall not be contingent upon selling another property.

VIII. Closing Costs. The costs attributed to the Closing of the Property shall be the responsibility of both Parties shared equally. The fees and costs related to the Closing shall include but not be limited to a title search (including the abstract and any owner’s title policy), preparation of the deed, transfer taxes, recording fees, and any other costs by the title company that is in standard procedure with conducting the sale of a property.

IX. Funds at Closing. Buyer and Seller agree before the recording can take place, funds provided shall be in one (1) of the following forms: cash, interbank electronic transfer, money order, certified check or cashier’s check drawn on a financial institution located in the State, or any above combination that permits the Seller to convert the deposit to cash no later than the next business day.

X. Closing Date. This transaction shall be closed on March 3, 2022 05:00 PM or earlier at the office of Chicago Title Company. Any extension of this date and time must be agreed upon, in writing, by Buyer and Seller. Real estate taxes, rents, dues, fees, and expenses relating to the Property for the year in which the sale is closed shall be prorated as of the date of Closing. Taxes due for prior years shall be paid by Seller.

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Residential Purchase & Sale Agreement, 962 Hilby Ave, Seaside, CA Page 2 XI. Survey. Buyer may obtain a survey of the Property before the Closing to assure that there are no defects, encroachments, overlaps, boundary line or acreage disputes, or other such matters, that would be disclosed by a survey ("Survey Problems"). The cost of the survey shall be paid by the Buyer. Not later than N/A, Buyer shall notify Seller of any Survey Problems which shall be deemed to be a defect in the title to the Property. Seller shall be required to remedy such defects within 20 business days and prior to the Closing.

If Seller does not or cannot remedy any such defect(s), Buyer shall have the option of canceling this Agreement, in which case the Earnest Money shall be returned to Buyer.

XII. Mineral Rights. It is agreed and understood that all rights under the soil, including but not limited to water, gas, oil, and mineral rights shall be transferred by the Seller to the Buyer at Closing.

XIII. Title. Seller shall convey title to the property by Warranty Deed or equivalent. The Property may be subject to restrictions contained on the plat, deed, covenants, conditions, and restrictions, or other documents noted in a Title Search Report. Upon execution of this Agreement by the Parties, Seller will, at the shared expense of both Buyer and Seller, order a Title Search Report and have delivered to the Buyer.

Upon receipt of the Title Search Report, the Buyer shall have 5 business days to notify the Seller, in writing, of any matters disclosed in the report which is unacceptable to Buyer. Buyer’s failure to timely object to the report shall constitute acceptance of the Title Search Report.

If any objections are made by Buyer regarding the Title Search Report, mortgage loan inspection, or other information that discloses a material defect, the Seller shall have 20 business days from the date the objections were received to correct said matters. If Seller does not remedy any defect discovered by the Title Search Report, Buyer shall have the option of canceling this Agreement, in which case the Earnest Money shall be returned to Buyer.

After Closing, Buyer shall receive an owner’s standard form policy of title insurance insuring marketable title in the Property to Buyer in the amount of the Purchase Price, free and clear of the objections and all other title exceptions agreed to be removed as part of this transaction.

XIV. Property Condition. Seller agrees to maintain the Property in its current condition, subject to ordinary wear and tear, from the time this Agreement comes into effect until the Closing. Buyer recognizes that the Seller, along with any licensed real estate agent(s) involved in this transaction, make no claims as to the validity of any property disclosure information. Buyer is required to perform their own inspections, tests, and investigations to verify any information provided by the Seller. Afterward, the Buyer shall submit copies of all tests and reports to the Seller at no cost.

Therefore, Buyer shall hold the right to hire licensed contractors, or other qualified professionals, to further inspect and investigate the Property until February 10, 2022.

After all inspections are completed, Buyer shall have until February 10, 2022 to present any new property disclosures to the Seller in writing. The Buyer and Seller shall have 5 business days to reach an agreement over any new property disclosures found by the Buyer. If the Parties cannot come to an agreement, this Agreement shall be terminated with the Earnest Money being returned to the Buyer.

If the Buyer fails to have the Property inspected or does not provide the Seller with written notice of the new disclosures on the Property, in accordance with this Agreement, Buyer hereby accepts the Property in its current condition and as described in any disclosure forms presented by the Seller.

In the event improvements on the Property are destroyed, compromised, or materially damaged prior to Closing, then, the Agreement may be terminated at Buyer’s option.

XV. Seller’s Indemnification. Except as otherwise stated in this Agreement, after recording, the Buyer shall accept the Property AS IS, WHERE IS, with all defects, latent or otherwise. Neither Seller nor their Packet Page 147
Residential Purchase & Sale Agreement, 962 Hilby Ave, Seaside, CA Page 3 licensed real estate agent(s) or any other agent(s) of the Seller, shall be bound to any representation or warranty of any kind relating in any way to the Property or its condition, quality or quantity, except as specifically set forth in this Agreement or any property disclosure, which contains representations of the Seller only, and which is based upon the best of the Seller’s personal knowledge.

XVI. Appraisal. Buyer's performance under this Agreement shall not be contingent upon the appraisal of the Property being equal to or greater than the agreed upon Purchase Price.

XVII. Required Documents. Prior to the Closing, the Parties agree to authorize all necessary documents, in good faith, in order to record the transaction under the conditions required by the recorder, title company, lender, or any other public or private entity.

XVIII. Termination. In the event this Agreement is terminated, as provided in this Agreement, absent of default, any Earnest Money shall be returned to the Buyer, in-full, within five (5) business days with all parties being relieved of their obligations as set forth herein.

XIX. Sex Offenders. Section 2250 of Title 18, United States Code, makes it a federal offense for sex offenders required to register pursuant to the Sex Offender Registration and Notification Act (SORNA), to knowingly fail to register or update a registration as required. State convicted sex offenders may also be prosecuted under this statute if the sex offender knowingly fails to register or update a registration as required, and engages in interstate travel, foreign travel, or enters, leaves, or resides on an Indian reservation.

A sex offender who fails to properly register may face fines and up to ten (10) years in prison.

Furthermore, if a sex offender knowingly fails to update or register as required and commits a violent federal crime, he or she may face up to thirty (30) years in prison under this statute. The Buyer may seek more information online by visiting https://www.nsopw.gov/.

XX. Time. Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter and they may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.

XXI. Buyer’s Default. Seller’s remedies shall be limited to liquidated damages in the amount of the Earnest Money set forth in Section V. It is agreed that such payments and things of value are liquidated damages and are Seller’s sole and only remedy for Buyer’s failure to perform the obligations of this Agreement. The Parties agree that Seller’s actual damages in the event of Buyer’s default would be difficult to measure, and the amount of the liquidated damages herein provided for is a reasonable estimate of such damages.

XXII. Seller’s Default. Buyer may elect to treat this Agreement as cancelled, in which case all Earnest Money paid by Buyer hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Agreement as being in full force and effect and Buyer shall have the right to specific performance or damages or both.

XXIII. Earnest Money Dispute. Notwithstanding any termination of this Agreement, the Parties agree that in the event of any controversy regarding the release of the Earnest Money that the matter shall be submitted to mediation as provided in Section XXIV.

XXIV. Dispute Resolution. Buyer and Seller agree to mediate any dispute or claim arising out of this Agreement, or in any resulting transaction, before resorting to arbitration or court action. a.) Mediation. If a dispute arises, between or among the Parties, and it is not resolved prior to or after recording, the Parties shall first proceed in good faith to submit the matter to mediation. Costs related to mediation shall be mutually shared between or among the Parties. Unless otherwise agreed in mediation, the Parties retain their rights to proceed to arbitration or litigation.

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Residential Purchase & Sale Agreement, 962 Hilby Ave, Seaside, CA Page 4 b.) Arbitration. The Parties agree that any dispute or claim in law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator is required to be a retired judge or justice, or an attorney with at least five (5) years of residential real estate law experience unless the Parties mutually agree to a different arbitrator. Under arbitration, the Parties shall have the right to discovery in accordance with State law.

Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction.

Enforcement of this Agreement to arbitrate shall be governed by the Federal Arbitration Act. c.) Exclusions. The following matters shall be excluded from the mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed, mortgage or installment land sale contract as defined in accordance with State law; (ii) an unlawful detainer action, forcible entry detainer, eviction action, or equivalent; (iii) the filing or enforcement of a mechanic’s lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions of this Section.

XXV. Governing Law. This Agreement shall be interpreted in accordance with the laws in the State where the Property is located.

XXVI. Terms and Conditions of Offer. This is an offer to purchase the Property in accordance with the above-stated terms and conditions of this Agreement. If at least one, but not all, of the Parties initial such pages, a counteroffer is required until an agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of acceptance. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of licensed real estate agent(s) compensation. This Agreement and any supplement, addendum or modification, including any copy, may be signed in two or more counterparts, all of which shall constitute one and same writing.

XXVII. Binding Effect. This Agreement shall be for the benefit of, and be binding upon, the Parties, their heirs, successors, legal representatives and assigns, which therefore constitutes the entire agreement between the Parties. No modification of this Agreement shall be binding unless signed by both Buyer and Seller.

XXVIII. Business Days. Business days shall be defined as all days of the year excluding Saturdays, Sundays, and any federal or State holidays.

XXIX. Severability. In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.

XXX. Confidentiality. Buyer and Seller agree to mutually hold all details of this Agreement confidential with the exception of licensed real estate agents, attorneys, lenders, lending officers, inspection agents, appraisers, government officials, title officers, and any other individuals deemed necessary in order to perform the transaction at Closing. The Parties authorize the lender or any closing agent to prepare a closing disclosure or settlement statement for release to the Parties and their licenses prior to, at, and after the Closing.

XXXI. Offer Expiration. This offer to purchase the Property as outlined in this Agreement shall be deemed revoked and the Earnest Money shall be returned unless this Agreement is signed by Seller and a copy of this Agreement is personally given to the Buyer by February 8, 2022 05:00 PM.

XXXII. Acceptance. Seller warrants that Seller is the owner of the Property or has the authority to execute this Agreement. Therefore, by the Seller’s authorization below, he/she/they accepts the above offer and agrees to sell the Property on the above terms and conditions and agrees to the agency relationships in accordance with any agreement(s) made with a licensed real estate agent(s). Seller has Packet Page 149
Residential Purchase & Sale Agreement, 962 Hilby Ave, Seaside, CA Page 5 read and acknowledges receipt of a copy of this Agreement and authorizes any licensed real estate agent(s) to deliver a signed copy to the Buyer.

Delivery may be in any of the following: (i) hand delivery; (ii) email under the condition that the party transmitting the email receives electronic confirmation that the email was received to the intended recipient; and (iii) by facsimile to the other party or the other party’s licensee, but only if the transmitting fax machine prints a confirmation that the transmission was successful.

XXXIII. Possession After Closing. Buyer shall obtain possession and occupancy of the Property at Closing. Furthermore, the Property shall be free of all tenants and occupants as well as debris, and all personal property not listed in this Agreement. Seller is to transfer possession of the Property in the same condition as the Effective Date excepting reasonable wear and tear.

XXXIV. Supplemental Tax Bill.

Notice of Your 'Supplemental' Property Tax Bill

California property tax law requires the Assessor to revalue real property at the time the ownership of the property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes.

The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through an impound account, the supplemental tax bills will not be paid by your lender. It is your responsibility to pay these supplemental bills directly to the Tax Collector. If you have any question concerning this matter, please call your local Tax Collector's Office.

XXXV. Walk-Through. Buyer shall have the right to perform a walk-through of the Property within twenty-four (24) hours of the Closing.

XXXVI. Licensed Real Estate Agent(s). If Buyer or Seller have hired the services of a licensed real estate agent(s) to perform representation on their behalf, he/she/they shall be entitled to payment for their services as outlined in their separate written agreement.

XXXVII. Disclosures. It is acknowledged by the Parties that the Property may have been constructed prior to 1978 requiring the Buyer and Seller to initial and sign the attached Lead-Based Paint Disclosure Form.

XXXVIII. Entire Agreement. This Agreement together with any attached addendums or disclosures shall supersede any and all other prior understandings and agreements, either oral or in writing, between the parties with respect to the subject matter hereof and shall constitute the sole and only agreements between the parties with respect to the said Property. All prior negotiations and agreements between the parties with respect to the Property hereof are merged into this Agreement. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or by anyone acting on behalf of any party, which are not embodied in this Agreement and that any agreement, statement or promise that is not contained in this Agreement shall not be valid or binding or of any force or effect.

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Residential Purchase & Sale Agreement, 962 Hilby Ave, Seaside, CA Page 6

SIGNATURE AREA

Buyer's Signature _____________________________ Date ______________ Roberta Greathouse acting as City Manager on behalf of City of Seaside, a Municipal Corporation.

Roberta Greathouse declares with their above-signature that they hold the legal power and authority to act in the presence of City of Seaside, a Municipal Corporation.

Seller's Signature _____________________________ Date ______________ Simpson Sheila Krebs Trust
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Residential Purchase & Sale Agreement, 962 Hilby Ave, Seaside, CA Page 7

DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR HAZARDS

Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

Seller's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) ____ - Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
_________________________________________________________________. (ii) __X_ - Seller has no knowledge of lead-based paint and/or lead-based paint hazards (b) Records and reports available to the Seller (check (i) or (ii) below):
(i) ____ - Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below):
_________________________________________________________________. (ii) _X__ - Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Purchaser's Acknowledgment (initial)
(c) _X__ - Purchaser has received copies of all information listed above. (d) _X__ - Purchaser has received the pamphlet "Protect Your Family from Lead in Your Home". (e) Purchaser has (check (i) or (ii) below):
(i) ____ - Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (ii) _X__ - Waived the opportunity to conduct a risk assessment or inspection for the presence of leadbased paint and/or lead-based paint hazards.

Agent's Acknowledgment (initial)
(f) ____ - Agent has informed the Seller of the Seller's obligation under 42 U.S.C 4852d and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

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Residential Purchase & Sale Agreement, 962 Hilby Ave, Seaside, CA Page 8

LEAD-BASED PAINT DISCLOSURE SIGNATURE PAGE

Buyer's Signature _____________________________ Date ______________

Print Name: _____________________________

Buyer's Signature _____________________________ Date ______________

Print Name: _____________________________

Seller's Signature _____________________________ Date ______________

Print Name: _____________________________

Seller's Signature _____________________________ Date ______________

Print Name: _____________________________

Agent's Signature _____________________________ Date ______________

Print Name: _____________________________

Agent's Signature _____________________________ Date ______________

Print Name: _____________________________

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE ADOPT RESOLUTION AUTHORIZING THE ACQUISITION OF 962 HILBY AVENUE FOR A TOTAL COST OF $500,000 AND CLOSING EXPENSES TO BE USED FOR

AFFORDABLE HOUSING
WHEREAS, The property at 962 Hilby Ave. includes a three-bedroom home, one lot west of the Oldemeyer Center, with its southern property line adjacent to Ellis Park; and WHEREAS, The purchase and renovation of 956 Hilby Ave. initiated a conversation between the City’s Housing Program Manager and the owner of 962 Hilby Ave. wherein the owner learned about the City’s vision to build affordable multifamily housing, and WHEREAS, Given its proximity to the Oldemeyer Center and adjacency to Ellis Park, the acquisition of the property may afford the City options for use of the Oldemeyer Center and/or Ellis Park in the future, and
WHEREAS, The Council reviewed the potential purchase of the property in closed session on January 20, 2022 and authorized purchase of the property, up to the listing price, and WHEREAS, An offer was made and accepted at $500,000, and WHEREAS, Ratification of the offer in open session is required to move forward to closing on the property. Once acquired, we can publish the combined Hilby site as part of a joint request for proposals (RFP) with other City-owned properties to request proposals for affordable housing projects.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby authorizes the purchase of the house at 962 Hilby Avenue for a purchase price of $500,000 and closing costs, to be paid for from the City’s Affordable Housing fund (fund 297).

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 3rd day of February 2022 by the following vote:

AYES: 0 COUNCILMEMBERS:

NOES: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
________________________________
Ian N. Oglesby, Mayor
ATTEST:
_____________________________
Dominique Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Melissa Broadston, ESCA Program Manager
DATE: February 3, 2022
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A QUIT CLAIM DEED AND MEMORANDUM OF

UNDERSTANDING TO TRANSFER BLANCO ROAD TO THE

COUNTY OF MONTEREY

RECOMMENDATION
Approve a resolution authorizing the City Manager to execute a Memorandum of Understanding and Quit Claim Deed for Blanco Road to the County of Monterey, as the City Council of the City of Seaside acting in its capacity as the Local Reuse Authority and successor to the Fort Ord Reuse Authority.

BACKGROUND
After the dissolution of the Fort Ord Reuse Authority (FORA), Monterey County discovered that it had no record of transfer of Parcel L.20.11.1 (a portion of Blanco Road) from FORA to Monterey County. The City of Seaside is recognized as the Local Reuse Authority and the Successor-in-Interest to the FORA. Parcel L.20.11.1 is currently held in title by the Fort Ord Reuse Authority and the City as the successor LRA and successor to FORA will quitclaim the property to the County of Monterey.

The Memorandum of Understanding sets forth mutual understanding of Seaside (Successor-in-Interest to FORA) and Monterey County to effectuate the transfer of Parcel L.20.11.1 from Seaside to the County. Recording the Quit Claim Deed will complete the transfer process to Monterey County. Both the Memorandum of Understanding and the Quit Claim deed have been reviewed by Seaside and Monterey County attorneys and are ready for signature.

The transfer of Parcel L.20.11.1 from Seaside to the County is not a project under California Environmental Quality Act Guidelines section 15378(b)(5) because it is an Packet Page 155

Item No. 8.I. Page 2 of 2
administrative action that does not involve any commitment to any specific project that may result in a potentially significant impact on the environment.

It should be noted that file review has also indicated other properties that must complete a similar property transfer process. These will be staffed for approval at future City Council meetings.

FISCAL IMPACT
The actual cost to Seaside of these obligations will be reimbursed with funds received from the Fort Ord Reuse Authority when Seaside was recognized as the FORA Sucessorin-interest and successor Local Reuse Authority.

ATTACHMENTS

1. Quitclaim Deed for Monterey County Blanco Road

2. MOU County-Seaside Blanco Road Parcel

3. Resolution
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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1 1
2 WHEN RECORDED RETURN TO:
3 4 _____________________________
5 _____________________________
6 _____________________________
7 _____________________________
8 9
10 11 RECORDER STAMP
12 13 QUITCLAIM DEED FOR BLANCO ROAD
14 FORMER FORT ORD, MONTEREY, CALIFORNIA
15 Seaside as the Department of Defense (“DoD”) recognized Local Redevelopment Authority 16 (“LRA”) Successor-in-Interest (“Successor”) to the Fort Ord Reuse Authority (“FORA”) to 17 the County of Monterey, a political subdivision of the State of California 18 19
THIS QUITCLAIM DEED (“Deed”) is made as of the __th 20 day of _________ 2022, 21 among Seaside (Successor-in-Interest) (the “Grantor”), created under Title 7.85 of the 22 California Government Code, Chapters 1 through 7, inclusive, commencing with Section 67650, 23 et seq., and selected provisions of the California Redevelopment Law, including Division 24 of the 24 California Health and Safety Code, Part 1, Chapter 4.5, Article 1, commencing with Section 25 33492, et seq., and Article 4, commencing with Section 33492.70, et seq., and recognized as the 26 Local Redevelopment Authority for the former Fort Ord Army Base, California, by the Office of 27 Economic Adjustment on behalf of the Secretary of Defense, and the County of Monterey, a 28 political subdivision of the State of California (the “Grantee”). 29 30 WHEREAS, The United States of America (“Government”) was the owner of certain real 31 property, improvements and other rights appurtenant thereto together with all personal property 32 thereon, located on the former Fort Ord, Monterey County, California, which was utilized as a 33 military installation;
34 35 WHEREAS, The military installation at Fort Ord was closed pursuant to and in 36 accordance with the Defense Base Closure and Realignment Act of 1990, as amended (Public 37 Law 101-510; 10 U.S.C. § 2687 note);
38 39 WHEREAS, section 2859 of the National Defense Authorization Act for Fiscal Year 40 1996, (Public Law 104-106), authorized the Government to sell portions of the former Fort Ord 41 to the Grantor as surplus property;
42 43 WHEREAS, the Grantor and the Government entered into the Memorandum of 44 Agreement Between the United States of America Acting By and Through the Secretary of the Packet Page 157

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 2
1 Army, United States Department of the Army and the Fort Ord Reuse Authority For the Sale of 2 Portions of the former Fort Ord, California, dated the 20th day of June 2000, (“MOA”) and MOA Amendment No. 1, dated the 23rd 3 day of October 2001, which sets forth the specific terms and 4 conditions of the sale of portions of the former Fort Ord located in Monterey County, California 5 6 WHEREAS, pursuant to the MOA, the Government conveyed the property known as Blanco 7 Road on the former Fort Ord by quitclaim deed to the Grantor on August 8, 2000 (“Government 8 Deed”);
9 10 WITNESSETH
11 12 The Grantor, for and in consideration of the sum of one dollar ($1.00) plus other good 13 and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 14 releases and quitclaims to the Grantee, its successors and assigns forever, all such interest, right, 15 title, and claim as the Grantor has in and to Parcel referenced as Army Corps of Engineers (Army COE) L20.11.11 16 , consisting of approximately 31.19 acres more particularly described in Exhibit 17 “A,” attached hereto and made a part hereof (“Property”), and including the following:
18 19 A. All buildings, facilities, roadways, and other improvements, including the storm 20 drainage systems and the telephone system infrastructure, and any other improvements thereon, 21 22 B. All appurtenant easements and other rights appurtenant thereto, permits, licenses, and 23 privileges not otherwise excluded herein, and
24 25 C. All hereditaments and tenements therein and reversions, remainders, issues, profits, 26 privileges and other rights belonging or related thereto. 27 28 Grantee covenants for itself, its successors, and assigns and every successor in interest to 29 the Property, or any part thereof, that Grantee and such successors and assigns shall comply with 30 all provisions of the Implementation Agreement as if the Grantee were the referenced Jurisdiction 31 under the Implementation Agreement and specifically agrees to comply with the Deed Restrictions 32 and Covenants set forth in Exhibit F of the Implementation Agreement as if such Deed 33 Restrictions and Covenants were separately recorded prior to the recordation of this Deed. 34 35 Grantor hereby assigns to Grantee the perpetual and assignable non-exclusive access 36 easement over, across, under, and through all paved roads retained by the Government for access 37 purposes as set forth in paragraph A of Section II of the Government Deed, subject to all terms and 38 conditions set forth in paragraph B of Section II of the Government Deed. 39 The Government Deed conveying the Property to the Grantor was recorded prior to the 40 recordation of this Deed. In its transfer of the Property to the Grantor, the Government 1 The Army FOST for Blanco Road refers to Parcel L20.11, which contained parcels 1A and 1B. Subsequently, the Army Corps renamed Parcel 1A as Parcel L20.11.1 and Parcel 1B as Parcel L20.11.2. Parcel L20.11.2 transferred to the City of Marina by Quitclaim Deed on or about September 1, 2005 Monterey County Recorder Document Number 2005091640
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QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 3
1 provided certain information regarding the environmental condition of the Property. The 2 Grantor has no knowledge regarding the accuracy or adequacy of such information. 3 4 The italicized information below is copied verbatim (except as discussed below) from the 5 Government deed conveying the Property to the Grantor. The Grantee hereby acknowledges 6 and assumes all responsibilities with regard to the Property placed upon the Grantor under the 7 terms of the aforesaid Government deed to Grantor and Grantor grants to Grantee all benefits 8 with regard to the Property under the terms of the aforesaid Government deed. Within the 9 italicized information only, the term “Grantor” shall mean the Government, and the term 10 “Grantee” shall mean the City of Seaside, Successor to the Fort Ord Reuse Authority; to avoid 11 confusion, the words “the Government” have been added in parenthesis after the word “Grantor”, 12 and “Successor” has been added in parenthesis after the word “Grantee”. 13 III. EXCLUSIONS AND RESERVATIONS:
14 15 This conveyance is made subject to the following EXCLUSIONS and 16 RESERVATIONS:
17 18 A. All water allocations derived from the Salinas aquifer shall remain 19 with the GRANTOR (“the Government”) consistent with the MOA. With regard to 20 the ultimate disposition of any water and water allocation rights, the GRANTOR (“the 21 Government”) shall cooperate with the GRANTEE (“Successor”), other grantees of 22 former Fort Ord property, and the Monterey County Water Resources Agency 23 (MCWRA), in seeking to ensure that GRANTEE (“Successor”) and its successors and 24 assigns, will continue to be provided an equitable supply of the water at former Fort 25 Ord.
26 27 B. With regard to the ultimate disposition of any rights or interests the 28 GRANTOR (“the Government”) has in wastewater discharge rights provided by the 29 Monterey Regional Water Pollution Control Agency (MRWPCA), the GRANTOR 30 (“the Government”) shall cooperate with GRANTEE (“Successor”) in accordance 31 with the MOA, other grantees of property at Fort Ord, and the MRWPCA, in seeking 32 to ensure that GRANTEE (“Successor”) and all other Fort Ord grantees will continue 33 to enjoy equitable utilization of the existing sewerage treatment capacity, including 34 existing connections to the Fort Ord sewerage collection system. 35 36 C. The GRANTOR (“the Government”) retains ownership to all 37 Government-owned sewer, and water utility systems located on the Property. The 38 retention point for the GRANTOR’S retained ownership of the water systems will 39 be to the meter location or future meter or utility box location at a point on or 40 near each building or facility. The retention point for the sewer is where the 41 laterals enter the collection lines. The GRANTOR (“the Government”) reserves 42 transferable easements and access rights for all GRANTOR-owned utility systems 43 and for utility company owned utility systems:

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QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 4
1 2 The GRANTOR (“the Government”) reserves assignable non-exclusive easements 3 and rights-of-way, 15 feet in width, in, on, over and across the Property and 4 centered on the existing utility systems owned and retained by GRANTOR (“the 5 Government”) at the time of this conveyance and located on the Property. Said 6 easements and rights-of-way shall be for the purpose of locating, constructing, 7 operating, maintaining, altering, repairing and patrolling utility systems together 8 with the right to trim, cut, fell and remove therefrom, consistent with the 9 Installation-Wide Multispecies Habitat Management Plan and applicable law 10 governing protection of endangered species, all trees, underbrush, obstructions 11 and other vegetation, structures, or obstacles within the limits of the easements 12 and right-of-way; reserving, however, to GRANTEE (“Successor”) and its 13 successors and assigns, the right to relocate such easements and the rights-of-way 14 at the expense of GRANTEE (“Successor”) and its successors and assigns; and 15 reserving the right to the GRANTEE (“Successor”) to use and cross such 16 easements and rights-of way; however, such rights of GRANTEE (“Successor”) 17 are subject to existing easements and rights-of-way. 18 19 D. The Property is taken by the GRANTEE (”Successor”) subject to any 20 and all valid and existing recorded outstanding liens, licenses, leases, easements, and 21 any other encumbrances made for the purpose of roads, streets, utility systems, rights22 of-way, pipelines, and/or covenants, exceptions, interests, liens, reservations, and 23 agreements of record.
24 25 E. The GRANTOR (“the Government”) reserves a perpetual 26 unassignable right to enter the Property for the specific purpose of treating or 27 removing any unexploded shells, mines, bombs, or other such devices deposited or 28 caused by the GRANTOR (“the Government”).
29 30
31 F. The reserved rights and easements set forth in this Section are subject 32 to the following terms and conditions:
33 34 1. to comply with all applicable federal law and lawful existing 35 regulations;
36 37 2. to allow the occupancy and use by the GRANTEE (“Successor”), 38 its successors, assigns, permittees, or lessees of any part of the easement areas not 39 actually occupied or required for the purpose of the full and safe utilization thereof by 40 the GRANTOR (“the Government”), so long as such occupancy and use does not 41 compromise the ability of the GRANTOR (“the Government”) to use the easements 42 for their intended purposes, as set forth herein;
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QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 5
1 3. that the easements granted shall be for the specific use described 2 and may not be construed to include the further right to authorize any other use within 3 the easements unless approved in writing by the fee holder of the land subject to the 4 easement;
5 6 4. that any transfer of the easements by assignment, lease, operating 7 agreement, or otherwise must include language that the transferee agrees to comply 8 with and be bound by the terms and conditions of the original grant; 9 10 5. that, unless otherwise provided, no interest granted shall give the 11 GRANTOR (“the Government”) any right to remove any material, earth, or stone for 12 consideration or other purpose except as necessary in exercising its rights hereunder; 13 and
14 15 6. to restore any easement area so far as it is reasonably possible to 16 do so upon abandonment or release of any easement as provided herein, unless this 17 requirement is waived in writing by the GRANTEE (“Successor”). 18 19 G. GRANTOR (“the Government”) reserves mineral rights that 20 GRANTOR (“the Government”) owns presently or may at a future date be determined 21 to own, below 500 feet below the surface, with the right of surface entry in a manner 22 that does not unreasonably interfere with GRANTEE’s ( “Successor”) development 23 and quiet enjoyment of the Properties.
24 25 TO HAVE AND TO HOLD the Property unto the GRANTEE ( 26 “Successor”) and its successors and assigns forever, provided that this deed is 27 made and accepted upon each of the following notices, covenants, restrictions, 28 and conditions which shall be binding upon and enforceable against the 29 GRANTEE (“Successor”), its successors and assigns, in perpetuity, as follows:
30 IV. “AS IS”
31 32 The Property is conveyed in an “As Is, Where Is” condition without any 33 representation, warranty or guarantee, except as required pursuant to applicable 34 law or as otherwise stated herein, by the GRANTEE (“Successor”) as to quantity, 35 quality, title, character, condition, size, or kind, or that the same is in condition 36 or fit to be used for the purpose for which intended, and no claim for allowance 37 or deduction upon such grounds will be considered. There is no obligation on the 38 part of the GRANTOR (“the Government”) to make any alterations, repairs, or 39 additions, and said GRANTOR (“the Government”) shall not be liable for any 40 latent or patent defects in the Property. This section shall not affect the 41 GRANTOR’s (“the Government”) responsibility under CERCLA or Section VI 42 herein.

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QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 6
1 V. FEDERAL FACILITIES AGREEMENT (FFA)
2 3 By accepting this deed, the GRANTEE (“Successor”) acknowledges that 4 the GRANTEE (“Successor”) has read the FFA, and recognizes that, should any 5 conflict arise between the terms of the FFA and the terms of this Deed, the FFA 6 will take precedence. Notwithstanding any other provisions of this conveyance, 7 the GRANTOR (“the Government”) assumes no liability to the GRANTEE 8 (“Successor”) should implementation of the FFA interfere with the GRANTEE’s 9 (“Successor”) use of the Property. GRANTOR (“the Government”) shall give 10 GRANTEE (“Successor”) reasonable notice of its actions required by the FFA 11 and GRANTOR (“the Government”) shall, consistent with the FFA, and at no 12 additional cost to the GRANTOR (“the Government”), endeavor to minimize the 13 disruption of the GRANTEE’s (“Successor”), its successors' or assigns' use of the 14 Property. The GRANTEE (“Successor”) shall have no claim on account of any 15 such interference against the GRANTOR (“the Government”) or any officer, 16 agent, employee, or contractor thereof.
17 VI. CERCLA COVENANTS, NOTICE, AND ENVIRONMENTAL
18 REMEDIATION
19 20 A. Pursuant to Section 120(h)(4) of the Comprehensive Environmental 21 Response, Compensation, and Liability Act, as amended, 42 U.S.C. Section 9601 et 22 seq. ("CERCLA"), Finding of Suitability to Transfer (FOST) documents are 23 attached as Exhibit “B” to the Deed; an Environmental Baseline Survey (EBS) 24 report is referenced in the FOSTs and sets forth the existing environmental 25 condition of the Property. The FOSTs set forth the basis for the Government’s 26 determination that the Property is suitable for transfer. The GRANTEE 27 (“Successor”) is hereby made aware of the notifications contained in the EBS 28 and the FOSTs. The GRANTOR (“the Government”) represents that the Property 29 is environmentally suitable for transfer to GRANTEE (“Successor”) for the 30 purposes identified in the March 1997, Fort Ord Base Reuse Plan approved by 31 the Fort Ord Reuse Authority. If, after conveyance of the Property to GRANTEE 32 (“Successor”), there is an actual or threatened release of a hazardous substance 33 on the Property, or in the event that a hazardous substance is discovered on the 34 Property after the date of the conveyance, whether or not such substance was set 35 forth in the technical environmental reports, including the EBS, GRANTEE 36 (“Successor”) or its successor or assigns shall be responsible for such release or 37 newly discovered substance unless such release or such newly discovered 38 substance was due to GRANTOR’s (“the Government”) activities, ownership, use, 39 presence on, or occupation of the Property, or the activities of GRANTOR (“the 40 Government”) contractors and/or agents. GRANTEE (“Successor”), its 41 successors and assigns, as consideration for the conveyance, agrees to release 42 GRANTOR (“the Government”)from any liability or responsibility for any claims 43 arising out of or in any way predicated on release of any hazardous substance on 44 the Property occurring after the conveyance, where such substance was placed on Packet Page 162

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 7
1 the Property by the GRANTEE (“Successor”), or its agents or contractors, after 2 the conveyance.
3 4 B. Based on the FOSTs, all Parcels have been assigned Department 5 of Defense Environmental Condition Category 1 (areas where no release or 6 disposal of hazardous substances or petroleum products has occurred). 7 8 C. GRANTOR (“the Government”) covenants that any remedial 9 action due to the former activity on the Property by the GRANTOR (“the 10 Government”) found to be necessary after such date of transfer shall be 11 performed by the United States unless the person or entity to whom the Property 12 is transferred is a potentially responsible party under CERCLA with respect to the 13 property.
14 15 D. GRANTEE (“Successor”) covenants that the GRANTOR (“the 16 Government”), its officers, agents, employees, contractors and subcontractors, in 17 accordance with section 120(h) of the Comprehensive Environmental Response, 18 Compensation and Liability Act, as amended, reserves a right of access to any 19 and all portions of the Property for purposes of environmental investigation, 20 remediation, or other corrective actions found to be necessary after the date of 21 the conveyance of the Property. The GRANTOR (“the Government”) and the 22 GRANTEE (“Successor”) agree to cooperate in good faith to minimize any 23 conflict between necessary environmental investigation and remediation activities 24 and GRANTEE’s (“Successor”) or any Sublessee’s operations. Any inspection, 25 survey, investigation, or other response or remedial action will to the extent 26 practicable, be coordinated with representatives designated by GRANTEE 27 (“Successor”). Pursuant to this reservation, the GRANTOR (“the 28 Government”)and its officers, agents, employees, contractors, subcontractors 29 shall have the right (upon reasonable notice to the GRANTEE (“Successor”) or 30 the then owner and any authorized occupant of the Property) to enter upon the 31 Property, and perform surveys, drillings, testpitting, borings, data and/or record 32 compilation, and other activities related to environmental investigation, and to 33 carry out remedial or removal actions as required or necessary under applicable 34 authorities, including but not limited to installation of monitoring and extraction 35 wells, and other treatment facility.
36 37 E. The GRANTOR (“the Government”) covenants that upon 38 completion of any removal or remediation action that removes the risk giving rise 39 to any restriction on future use or any limitation of activities contained in a Deed 40 or lease for the Property or in any other document relating to the Property, the 41 GRANTOR (“the Government”), without any payment of funds by the United 42 States, agrees to cooperate with the GRANTEE (“Successor”), its successors or 43 assigns, in any application, permit, easement or effort to obtain approval from 44 appropriate Federal, state or local authorities for the purpose of removing any Packet Page 163

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 8
1 such restriction or limitation, which the GRANTEE (“Successor”), its successors 2 or assigns, shall seek to remove or eliminate.
3 4 F. The GRANTOR (“the Government”) recognizes its obligation to 5 hold harmless, defend, and indemnify the Authority and any successor, assignee, 6 transferee, lender, or lessee of the Authority or its successors and assigns, as 7 required by Section 330 of the National Defense Authorization Act of 1993, as 8 amended (Pub. L. No. 102-484), and to otherwise meet its obligations under 9 Federal law.
10 VII. NOTICE OF THE PRESENCE OF PESTICIDES AND COVENANT 11 12 A. The GRANTEE (“Successor”) is hereby informed that pesticides 13 may be present on the Property, the presence of pesticides does not currently pose 14 a threat to human health or the environment, and the use and application of any 15 pesticide product by the GRANTOR (“the Government”) was in accordance with 16 its intended purpose, and in accordance with CERCLA § 107 (i), which states:
17 18 “No person (including the United States or any State or Indian tribe) may recover 19 under the authority of this section for any response costs or damages resulting 20 from the application of a pesticide product registered under the Federal 21 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). Nothing in this 22 paragraph shall affect or modify in any way the obligations or liability of any 23 person under any other provision of State or Federal law, including common law, 24 for damages, injury, or loss resulting from a release of any hazardous substance 25 or for removal or remedial action or the costs of removal or remedial action of 26 such hazardous substance.”
27 28 B. Pesticides use on the Property are listed in the attached FOST 29 (Exhibit “B”). Upon request, the GRANTOR (“the Government”) agrees to 30 furnish to the GRANTEE (“Successor”) any and all records in its possession 31 related to the use of the pesticides necessary for the continued compliance by the 32 GRANTEE (“Successor”) with applicable laws and regulations related to the use 33 of pesticides.
34 35 C. The GRANTEE (“Successor”) covenants and agrees that its 36 continued possession, potential use and continued management of the Property, 37 including any demolition of structures, will be in compliance with all applicable 38 laws relating to hazardous substance/pesticides and hazardous wastes. 39 VIII. ORDNANCE AND EXPLOSIVES (OE)
40 41 An archival search conducted during compilation of the Fort Ord Comprehensive 42 Environmental Response Facilitation Act (CERFA) Report found there were no OE 43 related training areas within the Property. In the event GRANTEE (“Successor”), Packet Page 164

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 9
1 its successors, and assigns, should discover any ordnance on the Property, it shall not 2 attempt to remove or destroy it, but shall immediately notify the local Police 3 Department and the Directorate of Law Enforcement at the Presidio of Monterey and 4 competent GRANTOR (“the Government”) or GRANTOR (“the Government”) 5 designated explosive ordnance professional will be dispatched promptly to 6 dispose of such ordnance properly at no expense to the GRANTEE (“Successor”), 7 whenever OE may be discovered.
8 IX. ENDANGERED SPECIES
9 10 The GRANTEE (“Successor”), its assigns, or successors shall comply with the 11 requirements, if any and if applicable, of the Installation-Wide Multi-species Habitat 12 Management Plan (“HMP”) for Former Fort Ord, California. 13 14 A. The Parcels are within Habitat Management Plan (HMP) 15 Development Areas. No resource conservation requirements are associated with 16 the HMP for these parcels. However, small pockets of habitat may be preserved 17 within and around the Parcels.
18 19 B. The Biological Opinion identifies sensitive biological resources 20 that may be salvaged for use in restoration activities within reserve areas, and 21 allows for development of the Parcels.
22 23 C. The HMP does not exempt the GRANTEE (“Successor”) from 24 complying with environmental regulations enforced by federal, state, or local 25 agencies. These regulations could include obtaining the Endangered Species Act 26 (ESA) (16 U.S.C. §§ 1531-1544 et seq.) Section 7 or Section 10(a) permits from 27 the U.S. Fish and Wildlife Service (USFWS); complying with prohibitions against 28 take of listed animals under ESA Section 9, complying with prohibitions against 29 the removal of listed plants occurring on federal lands or the destruction of listed 30 plants in violation of any state laws; complying with measures for conservation of 31 state-listed threatened and endangered species and other special-status species 32 recognized by California Department of Fish and Game (DFG) under the 33 California ESA, or California Environmental Quality Act (CEQA); and , 34 complying with local land use regulations and restrictions. 35 36 D. The HMP serves as a management plan for both listed and 37 candidate species, and is a prelisting agreement between the USFWS and the 38 local jurisdiction for candidate species that may need to be listed because of 39 circumstances occurring outside the area covered by the HMP. 40 41 E. Implementation of the HMP would be considered suitable 42 mitigation for impacts to HMP species within HMP prevalent areas and would 43 facilitate the USFWS procedures to authorize incidental take of these species by 44 participating entities as required under ESA Section 10. No further mitigation Packet Page 165

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 10
1 will be required to allow development on the Parcels unless species other than the 2 HMP target species are proposed for listing or are listed. 3 4 F. The HMP does not authorize incidental take of any species listed 5 as threatened or endangered under the ESA by entities acquiring land at the 6 former Fort Ord. The USFWS has recommended that all non federal entities 7 acquiring land at former Fort Ord apply for ESA Section 10(a)(1)(B) incidental 8 take permits for the species covered in the HMP. The definition of “take” under 9 the ESA includes to harass, harm, hunt, shoot, would, kill, trap, capture, or 10 collect, or attempt to engage in any such conduct. Although the USFWS will not 11 require further mitigation from entities that are in conformance with the HMP, 12 those entities without incidental take authorization would be in violation of the 13 ESA if any of their actions resulted in the take of a listed animal species, To 14 apply for a Section 10(a)(1)(B) incidental take permit, an entity must submit an 15 application form (Form 3-200), a complete description of the activity sought to be 16 authorized, the common and scientific names of the species sought to be covered 17 by the permit, and a conservation plan (50 CFR 17.22[b]). 18 19 G. The GRANTEE (“Successor”) acknowledges that it has signed the 20 HMP dated April 1997 and will cooperate with adjacent property owners in 21 implementing mitigation requirements identified in the HMP for adjacent 22 sensitive habitat areas.
23 X. AIR NAVIGATION RESTRICTION
24 25 The Monterey Airport and the former Fritzsche Airfield now known as the 26 Marina Municipal Airport are in close proximity of the subject property. 27 Accordingly, in coordination with the Federal Aviation Administration, the 28 GRANTEE (“Successor”), covenants and agrees, on behalf of it, its successors 29 and assigns and every successor in interest to the Property wherein described, or 30 any part thereof, that, when applicable, there will be no construction or alteration 31 unless a determination of no hazard to air navigation is issued by the Federal 32 Aviation Administration in accordance with Title 14, Code of Federal 33 Regulations, Part 77, entitled, Objects Affecting Navigable Airspace, or under the 34 authority of the Federal Aviation Act of 1968, as amended. 35 XI. ENFORCEMENT AND NOTICE REQUIREMENT
36 37 A. The provisions of this Deed benefit the governments of the United 38 States of America, the State of California, acting on behalf of the public in general, 39 the local governments, and the lands retained by the GRANTOR (“the Government”) 40 and, therefore, are enforceable, by resort to specific performance or legal process by 41 the United States, the State of California, the local Governments, and by the 42 GRANTEE (“Successor”), and its successors and assigns. Enforcement of this Deed 43 shall be at the discretion of the parties entitled to enforcement hereof, and any Packet Page 166

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 11
1 forbearance, delay or omission to exercise their rights under this Deed in the event of 2 a breach of any term of this Deed, shall not be deemed to be a waiver by any such 3 party of such term or of any subsequent breach of the same or any other terms, or of 4 any of the rights of said parties under this Deed. All remedies available hereunder 5 shall be in addition to any and all other remedies at law or in equity, including 6 CERCLA. The enforcement rights set forth in this deed against the GRANTEE 7 (“Successor”), or its successors and assigns, shall only apply with respect to the 8 Property conveyed herein and held by such GRANTEE (“Successor”), its successor 9 or assign, and only with respect to matters occurring during the period of time such 10 GRANTEE (“Successor”), its successor or assign, owned or occupied such Property 11 or any portion thereof.
12 13 B. The GRANTEE (“Successor”), its successors or assigns, shall neither 14 transfer the Property, or any portion thereof, nor grant any interest, privilege, or 15 license whatsoever in connection with the Property without the inclusion, to the extent 16 applicable to the Property or any portion thereof, of the environmental protection 17 provisions contained in Paragraphs, Exclusions and Reservations, CERCLA 18 Covenants, Notices and Environmental Remediation; Notice of Presence of Asbestos, 19 Ordnance and Explosives; Endangered Species, Air Navigation Restriction, and shall 20 require the inclusion, to the extent applicable, of such environmental protection 21 provisions in all further deeds, transfers, leases, or grant of any interest, privilege, or 22 license.
23 24 C. The obligations imposed in this Paragraph upon the successors or 25 assigns of GRANTEE (“Successor”) shall only extend to the property conveyed to any 26 such successor or assign.
27 XII. NOTICE OF NON-DISCRIMINATION
28 29 With respect to activities related to the Property, the GRANTEE 30 (“Successor”) covenants for itself, its successors and assigns, that the GRANTEE 31 (“Successor”), and such successors and assigns, shall not discriminate upon the basis 32 of race, color, religion, sex, age, handicap, or national origin in the use, occupancy, 33 sale or lease of the Property, or in their employment practices conducted thereon in 34 violation of the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 35 U.S.C. Section 2000d); the Age Discrimination Act of 1975 (42 U.S.C. Section 6102); 36 and the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794). The 37 GRANTOR (“the Government”) shall be deemed a beneficiary of this covenant 38 without regard to whether it remains the owner of any land or interest therein in the 39 locality of the Property hereby conveyed, and shall have the sole right to enforce this 40 covenant in any court of competent jurisdiction.
41 42 The responsibilities and obligations placed upon, and the benefits provided to, the 43 Grantor by the Government shall run with the land and be binding on and inure to the benefit of 44 all subsequent owners of the Property unless or until such responsibilities, obligations, or benefits Packet Page 167

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 12
1 are released pursuant to the provisions set forth in the MOA and the Government deed. Grantee 2 and its successors and assigns, respectively, shall not be liable for any breach of such 3 responsibilities and obligations with regard to the Property arising from any matters or events 4 occurring after transfer of ownership of the Property by Grantee or its successors and assigns, 5 respectively; provided, however, that each such party shall, notwithstanding such transfer, remain 6 liable for any breach of such responsibilities and obligations to the extent caused by the fault or 7 negligence of such party.
8 9 General Provisions:
10 11 A. Liberal Construction. Any general rule of construction to the contrary 12 notwithstanding, this Deed shall be liberally construed to effectuate the purpose of this Deed and the 13 policy and purpose of CERCLA. If any provision of this Deed is found to be ambiguous, an 14 interpretation consistent with the purpose of this Deed that would render the provision valid shall be 15 favored over any interpretation that would render it invalid. 16 17 B. Severability. If any provision of this Deed, or the application of it to any person or 18 circumstance, is found to be invalid, the remainder of the provisions of this Deed, or the 19 application of such provisions to persons or circumstances other than those to which it is found to 20 be invalid, shall not be affected thereby.
21 22 C. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of 23 title in any respect.
24 25 D. Captions. The captions in this Deed have been inserted solely for convenience of 26 reference and are not a part of this Deed and shall have no effect upon construction or 27 interpretation.
28 29 E. Right to Perform. Any right which is exercisable by the Grantee, and its 30 successors and assigns, to perform under this Deed may also be performed, in the event of non31 performance by the Grantee, or its successors and assigns, by a lender of the Grantee and its 32 successors and assigns.
33 34 The conditions, restrictions, and covenants set forth in this Deed are a binding servitude 35 on the herein conveyed Property and will be deemed to run with the land in perpetuity. 36 Restrictions, stipulations and covenants contained herein will be inserted by the Grantee verbatim 37 or by express reference in any deed or other legal instrument by which it divests itself of either the 38 fee simple title or any other lesser estate in the Property or any portion thereof. All rights and 39 powers reserved to the Grantor, and all references in this Deed to Grantor shall include its 40 successors in interest. The Grantor may agree to waive, eliminate, or reduce the obligations 41 contained in the covenants, PROVIDED, HOWEVER, that the failure of the Grantor or its 42 successors to insist in any one or more instances upon complete performance of any of the said 43 conditions shall not be construed as a waiver or a relinquishment of the future performance of any Packet Page 168

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 13
1 such conditions, but the obligations of the Grantee, its successors and assigns, with respect to 2 such future performance shall be continued in full force and effect. 3 4 [Signature Pages Follow]
5 Packet Page 169

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 14
1 IN WITNESS WHEREOF, the Grantor, the CITY OF SEASIDE (Successor to the FORT 2 ORD REUSE AUTHORITY), has caused these presents to be executed this _____ day of 3 __________________, 2022.
4 5
6 THE CITY OF SEASIDE
7 8
9 10
11 By: ________________________________________
12 Roberta Greathouse Acting City Manager_____________________________ 13 14
15 16 STATE OF CALIFORNIA )
17 ) ss
18 COUNTY OF MONTEREY )
19 20
21 On ______________________ before me, the undersigned, a Notary Public in and for said 22 state, personally appeared the _____________________________ personally known to me (or proved 23 to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within 24 instrument and acknowledged to me that he executed the same in his authorized capacity, and that by 25 his signature on the instrument the person, or the entity upon behalf of which the person acted, 26 executed the instrument.
27 28 WITNESS my hand and official seal.
29 30
31 32 _______________________
33 Notary Public, State of California
34 Packet Page 170

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 15
1 ACCEPTANCE:
2 3 IN WITNESS WHEREOF, the Grantee, the COUNTY OF MONTEREY, a political subdivision 4 of the State of California, hereby accepts and approves this Deed for itself, its successors and assigns, 5 and agrees to all the conditions, reservations, restrictions, and terms contained therein and has caused 6 these presents to be executed on this _____________ day of __________________, 2022. 7 8 COUNTY OF MONTEREY
9 10
11 12 By ____________________________
13 Randell Ishii, Director Public Works
14 15 STATE OF CALIFORNIA )
16 )ss
17 COUNTY OF MONTEREY )
18 19
20 On ___________________________ before me, _____________________________, a 21 Notary Public, personally appeared Randell Ishii personally known to me (or proved to me on the 22 basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument 23 and acknowledged to me that he executed the same in his authorized capacity, and that by his 24 signature on the instrument the person, or the entity upon behalf of which the person acted, 25 executed this instrument.
26 27 WITNESS my hand and official seal.
28 29
Packet Page 171

QUITCLAIM DEED FOR BLANCO ROAD
03-97558. 1 16
1 2 EXHIBIT A: Description of Property
3 4
5 EXHIBIT B: Finding of Suitability to Transfer
6 Packet Page 172

LEGAL DESCRIPTION
PARCEL 1A:

Certain real property being that portion of Fort Ord Military Reservation and a portion of Blanco Road being Parcel 1A as shown by map on file in Volume 20, of Surveys, at Page 110, records of Monterey County, California, on sheet 2 of 14, more particularly described as follows:

BEGINNING at the northeasterly right of way of Reservation Road with the intersection of the northwesterly line of Parcel 3 as shown on Volume 19, of Surveys, at Page 20, records of said County, also being the southerly terminus of that certain course shown as S 12o 46’28”W, 461.46 feet as shown
on map on file in Volume 20, of Surveys, at Page 110, records of said County; thence along said course
(1) N 12o46’28” E, 461.46 feet; thence continuing along said Parcel 3 and the southeasterly line of said Parcel 1A as shown on last said map
(2) N 32o15’38” E, 996.20 feet; thence continuing along said Parcel 3 and said Parcel 1A (3) N 36o30’00” E, 1681.00 feet; thence continuing along said Parcel 3 and said Parcel 1A (4) N 46o40’30” E, 475.12 feet, to a point on the northeasterly boundary of Fort Ord as shown on said map; thence along said northeasterly line of said boundary and said Parcel 1A (5) N 45o12’04” W, 7.78 feet, to an angle point on said northeasterly boundary and the northeasterly line of said Parcel 1A as shown on said map; thence continuing along said boundary and said Parcel 1A
(6) S 87o24’01” W, 274.92 feet, to an angle point on said northeasterly boundary and the northeasterly line of said Parcel 1A as shown on said map; thence continuing along said boundary and said Parcel 1A
(7) N 43o12’01” W, 434.42 feet, to the existing northwesterly right of way Blanco Road as shown on said map; thence along said right of way and the northwesterly line of said Parcel 1A (8) S 29o06’03” W, 2089.07 feet, along said right of way Blanco Road and said Parcel 1A to an angle point as shown on said map; thence continuing said right of way and said northwesterly line of Parcel 1A
(9) S 32o15’38” W, 1250.49 feet, continuing along said right of way and said Parcel 1A to an angle point as shown on said map; thence continuing along said right of way and said Parcel 1A Exhibit A
Packet Page 173
(10) S 73o
07’49” W, 244.62 feet, continuing along said right of way line and said Parcel 1A to the northerly right of way of Reservation Road as shown on said map; thence along said northerly right of way of Reservation Road and the southerly line of said Parcel 1A (11) S 57o44’10” E, 610.00 feet, to the POINT OF BEGINNING Exhibit A
Packet Page 174
Exhibit A
Packet Page 175
0 COUNTY OF MONTEREY
,
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 0
16 EXHIBITB: Finding of Suitability to Transfer
Exhibit B
Packet Page 176
0 0

FINDING OF SUITABILITY TO TRANSFER (FOST)

BLANCO ROAD PARCEL

FORMER FORT ORD, CALIFORNIA
On the basis of the Community Environmental Response Facilitation Act (CERF A) for Fort Ord, I have determined that the Blanco Road Parcel (L20.11 ), at former Fort Ord, California (the Property), is suitable for transfer to the State Highway Department for continued vehicular use. The Property to be transferred, includes one roadway on a total of approximately 39 acres (Plate I).

A determination of the environmental condition of the .Property was made by the United States Army by reviewing existing environmental documents and making associated visual site inspections (9/27/96). The documents reviewed included the final CERFA Report (April1994), U.S. EPA region IX's concurrence to the CERF A Report ( 19 April 1994), and various remedial investig~tion/feasibility study documents, remedial action reports, and subsequent approval memoranda:

The results of this document review indicate that the Property is environmentally suitable for transfer to the State Highway Department. The results are as follows:
• The Property consists of38.99 acres along the county highway easement from the intersection with· Reservation Road to approximately 3,500 feet north/northeast along Blanco Road (Plate 1 ). There are no buildings or structures within this Property. Because no buildings are located on the Property, ·.no;investigations related to asbestos-containing materials (ACM), lead-based paint (LBP), radon or radiological commodities have occurred on the Property. • Nmsolid waste management units, underground or aboveground storage tanks, were present on the Property.
• There have been no reported releases of polychlorinated biphenyl (PCB)-contarninated dielectric fluids on the Property.
• Ordnance and explosive (OE) investigations, consisting of the Archive Search Report and . Supplement No. 1 (December 1993 and November 1994, respectively), Site 39 Data Summary and Work Plan (February 1994), OE contractor after-action reports (December 1994, November 1995), . working maps, Fort Ord Training Facilities Map, and associated interviews from various ordnance-· related community relations activities, show no OE locations within or adjacent to the Property.

However, because OE were used throughout the history of Fort Ord, the potential for OE to be present on the Property exists. This notice will be included in the deed. • The Property lies within CERFA Parce1221 and is adjacent to two CERFA Disqualified Parcels (56 and 62). The CERF A Disqualified sites within Parcel 56 are Installation Restoration Program (IRP) Sites 34, 36, and 40 .. Each of these sites is more than 1,000 feet west of Blanco Road. Site 34 was CERFA Disqualified because of the active Fritzsche Army Airfield (FAAF) Fueling Facility; Site 36 is CERFA Disqualified because ofthe inactive FAAF Sewage Treatment Plant; and Site 40 is CERFA Disqualified because ofthe FAAF Defueling Area. Parce162 is a CERFA Disqualified parcel because a former petroleum fuel storage tank (Tank No. 550B) is located at that site. The former fuel storage tank site was located approximately 100 feet (to the east) of the Property boundary.

BLANKO.DOC
10 JUN 97
1 of2
Exhibit B
Packet Page 177
0 0 '
• Three groundwater monitoring wells (MW-BW-01-A, MW-BW-02-180, and MW-BW-03-400) are located on the Property. Historically, no organic compounds have been detected in the three monitoring wells. The deed will reserve a non-exclusive easement to allow continued access for the Army (or its designated contractor) and the regulatory agencies to permit necessary groundwater monitoring at wells located on the Property. Furthermore, the deed will prohibit all others from tampering with the groundwater monitoring wells.

National Environmental Policy Act (NEPA) requirements for this transfer were satisfied by the analysis conducted in the June '1993 Fort Ord Disposal and Reuse Environmental Impact Statement (EIS) and the December 1993 Record ofDecision (ROD).

Clean Air Act General Conformity Rule requirements for this transfer were satisfied by a Record ofNonApplicability based upon an exemption for property transfers where the proposed action, is a transfer of ownership, interest and title in the land, facilities,,and associated real and personal property.

Comments received from U.S. EPA Region IX and California EPA DTSC on the Version I FOST were reviewed and incorporated where possible into this Version 2 FOST. All comments were resolved.

On the basis of the above information, I conclude that the Blanco Road Parcel should be assigned Department of Defense (DoD) Environmental Condition Category I (areas where no release or disposal of hazardous substances or petroleum products has occurred [including no migration of these substances from adjacent areas]) and is transferable under Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA} Section 120 (h)( 4 ). As such, the deed,,for this transaction will contain:
• The covenant under CERCLA § 120 (h)(4)(D)(i) warranting that any response action under CERCLA or corrective action found to be necessary after the date of transfer shall be conducted by the United States.
• The covenant under CERCLA § 120 (h)(4)(D)(ii) granting the United States access to the Property in any case in which response action or corrective action is found to be necessary after the date of transfer.

BLANKO.DOC
IOJUN97
12 JUN 1991
~-' ~~ '= ~·-''~~ ~i~~'-.l ~~ ~~~ G '-1 ,__,
Acting Deputy Chief of Staff
for Base Operations Support
United States Army Training and Doctrine Command
2 of 2
Exhibit B
Packet Page 178
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EXPLANATION

PARCEL BOUNDARY

UNDERGROUND STORAGE

TANK (REMOVED)
MONITORING WE!..:L

PARCEL NUMBER
~BLANCO ROAD
\ PARaL
DATE
10/96
1 REVISED OA TE
4/30/97
Exhibit B
Packet Page 179
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.Ms Christine Lawson
May 7, 1.997

c:c:: Mr. Grant: Hitnebaugh
Califcrnia Regiona1 Water Quality Control Board
Central Coast Region
91 Riguera Street, Suite 200
San Luis Obispo, California 93401-S•U.4
Ms. Gail Youngblood
BRAC Coordinator
Department of the Army
Commander, DLIFC and POM (Fort Ord)
Attn: ATZP-EP
Presidio of Monterey, Cal. .ifornia· 93944-5006
Mr. Dan M~~indes
u.s. Army corps of E~gineers
1325 J. Street
Sacramento. California 95814
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Exhibit B
Packet Page 180
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No. Acres: 38.99
DoD Category: 1
Reuse: Continued Vehicular Use
Recipient: California State
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Packet Page 181

FOST/FOSL COMPLETION CHECK LIST
TYPE: .FOST I I
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NAME: BLANCO ROAD PARCEL I I
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BRA CO ATCS-OR 727-3849 }Ill? IP J l t>'f> G /9/f?
ENVR ATBO-SE 727-2299 i-?, At'f'.El-' 6/IJ /9 7
REAL ESTATE ATBO-GP 727-2569 ;t; e Wt-JaM.tl 6_/!Z/97
LEGAL ATJA 727-2773 Mt.T E")Al-' G/11 /77
PAO ATPA 727-3506 ~i•F1~ ~~IZ /9?
0 -
,
Exhibit B
Packet Page 182
no
ATZP-EP June 1997

MEMORANDUM FOR THE RECORD
SUBJECT: Record of Non-Applicability (RONA) to the Clean Air Act Amendment General Confonnity Rule Regarding the Transfer of Real Propeny Designated for State Highway Deparonent (SHD). This Action Covers Activities Associated with Land Conxeyance Between the U.S. Anny and SHD .
l. Scope Definition: The Department of the Army is granting parcels of land located at the fanner Fort Ord, California for use by SHD. Subject parcel requested by SHD was fonnerly utilized by the U.S. Army as road.

2. Presidio of Monterey, Defense Language Institute is required to make a review of direct and indirect air emission sources for each criteria pollutant as outlined in 40 CFR 51.853 and 93.153 for federal initiatives located within a region designated as nonattainment to national ambient air quality standards (NAAQS). The analysis is to ensure that federal actions will not delay or prevent an area from achieving attainment status.

3. Intended future reuse of subject parcel by grantee is as road.

4. In accordance with Section 51.853 .of the General Confonnity Rule. subject Federal action is exempt from confonnity requirements where proposed action is a transfer of ownership, interest and title in the land, facilities. and associated real and personal property.

5. Any utilization of subject parcel by the grantee influencing facility emissions not identified in the State Implementation Plan, has neither been disclosed to Anny Environmental per~~:mnel, nor considered in this determination.

J
Ct"t-'V1'lL, ~Uv~ CHRlSTINE LAWSON
Air Pollution Environmental Coordinator
Directorate Environmental and 1'-iarural
Resources Management
Exhibit B
Packet Page 183
c G -
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Parcel Locator Map Build ng 1021
Building 1021
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No Buildings: 1
No. Sq. Ft.: 14,884
No. Acres: 2.0
DoD Category: 1
Reuse: Emergency Service
Dispatching
Recipient: Monterey County
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700. 0 700
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1400 Feet
Exhibit B
Packet Page 184
TO:

FROM:

DATE:

RE:

KUTAK ROCK
SUITE 1000
1101 CONNECTICUT AVENUE, N.W.

WASHINGTON, D.C. 20036-4374
202-828-2400
FACSIMILE 202-828-2488
www. kutakrock.com

MEMORANDUM
MS. KAREN FISBECK
JOEYFULLERrSEPTEMBER 1, 2000

EXECUTED AND RECORDED CLOSING DOCUMENTS

ATLANTA
DENVER

KANSAS CITY

LINCOLN

LITTLE ROCK

NEW YORK
NEWPORT .BEACH

OKLAHOMA CITY
OMAHA

PASADENA

PHOENIX

PITTSBURGH
As discussed, enclosed are copies of the executed documents from the August 8, 2000 closing on a portion of the Former Fort Ord.

Enclosure: as stated.
1 Admitted to practice in the state of Virginia. Admission to D.C. Bar pending. 03-56381.01
Exhibit B
Packet Page 185
-' DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO

CORPS OF ENGINEERS
1325 J STREET

REPLY TO

ATTENTION OF
SACRAMENTO, CALIFORNIA 95814-2922
Mr. Michael A. Houlemard, Jr.

Executive Officer
Fort Ord Reuse Authority
100 1 zth Street, Building 2880
Marina, California 93933
Dear Mr. Houlemard:

August 8, 2000
I have reviewed the Memorandum of Agreement Between the United States of America Acting by and through the Secretary of the Army ("Government") and the Fort Ord Reuse Authority for the Sale of Portions of the former Fort Ord located in Monterey County, California, dated the 201
h day of June, 2000 ("Memorandum of Agreement ").

To the best of the Government's information, knowledge, and belief, I certify that all of the representations of the Government set forth within the Memorandum of Agreement are true and correct as of the 8
1 h day of August, 2000, the date of the Property
Closing.

Sincerely,
;::;~ Ken Fox
Chief, Management & Disposal Branch
U.S. Army Corps of Engineers
Sacramento District
Exhibit B
Packet Page 186
0 .!
Mr. Keneth L. Fox, Chief
Management and Disposal Branch
U.S. Army Corps of Engineers
1325 J Street
Sacramento, California 95814
Dear Mr. Fox:

August 8, 2000

KUTAKROCK LLP
Execution Version 7/31/00
I have reviewed the Memorandum of Agreement Between the United States of America Acting by and through the Secretary of the Am1y and the Fort Ord Reuse Authority for the Sale of Portions of the former Fort Ord Located in Monterey County, California, dated the 20th day of June. :2000 ("Memorandum of Agreement").

To the best of the Fort Ord Reuse Authority's information, knowledge and belief, I certify that all of the representations and warranties of the Fort Ord Reuse Authority set forth within the Memorandum of Agreement are true and correct as of the 8th day of August, 2000, the date. of the Property Closing.
03-32759.02
Michael A. Houlem d, Jr.

Executive Officer
Fort Ord Reuse Authority
\
Exhibit B
Packet Page 187
City of Marina
HWY-1 (S)
HWY-1 (N)

IMJIN PKWY

RESERVATION RD

INTER-GARRISON RD
2ND AVE

ABRAMS DR
8TH ST
4TH AVE
6TH AVE

BLANCO RD
2ND ST

CALIFORNIA AVE
8TH AVE
8TH ST CUT-OFF
GEN. JIM MOORE BLVD

LIGHTFIGHTER DR
IMJIN ST 6TH AVE
8TH AVE
BLDG 1021
Coordinate System:

NAD83 Stateplane California Zone IV (feet)
Lambert Conformal Conic Projection
Data: reuse_parcel database
Name: DACA05-9-00-598
Aerial: 2007
Author: C. Stiebel
Date: 7/29/2013
0 0.5 1
Miles
TITLE: Parcel: E2b.3.1.2, L20.11.1
DEED: DACA05-9-00-598
RECIPIENT: FORA
L20.11.1
(31.19 ac)
Seaside Jurisdiction
E2b.3.1.2
(1.76 ac)
Exhibit B
Packet Page 188

MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF

SEASIDE AND THE COUNTY OF MONTEREY REGARDING TRANSFER OF

CERTAIN PROPERTY ON THE FORMER FORT ORD
This Memorandum of Understanding (MOU) is made by and between the City of Seaside (“Seaside”), the federally recognized Local Redevelopment Authority for the former Fort Ord, and the County of Monterey (“County”), a political subdivision of the State of California. The date of this MOU for reference purposes is ____________, 2022 and is made with reference to the following facts and circumstances.

RECITALS
A. In 1994, the Fort Ord Reuse Authority (FORA), a regional governmental entity, was established pursuant to the Fort Ord Reuse Authority Act (California Government Code Sections 67650 et seq.) to plan, facilitate and manage the transfer of property of the former Fort Ord from the United States Army to the governing local jurisdictions or their designee(s).

B. The Office of Economic Adjustment on behalf of the Secretary of Defense of the United States of America recognized FORA as the Local Redevelopment Authority (“LRA”) for property transfers from the Army.

C. On or about June 23, 2000, FORA and the Army entered into an Economic Development Conveyance Memorandum of Agreement (“EDC MOA”), whereby FORA acquired portions of the former Fort Ord consisting of approximately five thousand two hundred (5,200) acres of land, including all buildings, personal property, appurtenances, rights-of-way, drainage areas, and other real property interests as defined (Document No. 2000040124, recorded on June 23, 2000 in the Office of the Monterey County Recorder).

D. The EDC MOA, among other things, enumerated the property to be transferred with reference to Army parcel numbers and identified the local jurisdictions to which each of the referenced parcels were to be transferred.

E. The EDC MOA identified Parcel No. L20.11.1, described as “ROW [Right of Way]/Blanco Road,” as a parcel to be transferred to the County of Monterey.

F. FORA and the County entered into an Implementation Agreement, dated May 8, 2000, setting forth terms and conditions for transfer of certain identified properties to the County, including identifying Parcel No. L.20.11.1 as a parcel to be transferred to the County (Document No. 2001088380, recorded on October 18, 2001 in the Office of the Monterey County Recorder).

G. Parcel No. L.20.11.1 consists of a 31.19 acre portion of Blanco Road, located north of Reservation Road within the County jurisdictional limits, as more fully described and shown in Exhibit A, attached hereto and incorporated herein by reference.

Packet Page 189

H. FORA dissolved by operation of law on June 30, 2020 pursuant to California Government Code section 67700.

I. On or about February 21, 2020, in anticipation of the dissolution of FORA, FORA and Seaside entered into an agreement in which FORA nominated the City of Seaside as the LRA to succeed FOR A, and Seaside agreed to assume the LRA designation and the remaining responsibilities under the EDC after FORA dissolution (Exhibit B).

J. On or about April 30, 2020, the United States Department of Defense accepted the City of Seaside as the successor LRA to FORA, effective July 1, 2020, for the purpose of implementing the EDC at the former Fort Ord (Exhibit C).

K. After the dissolution of FORA, the County discovered that it had no record of transfer of Parcel L.20.11.1 from FORA to the County.

L. Seaside and County confirmed through research that the Army had transferred the parcel to FORA as part of a quitclaim deed (Document No. 2000050371, recorded on August 8, 2000 in the in the Office of the Monterey County Recorder), but FORA had not transferred Parcel L.20.11.1 to the County or to any other jurisdiction.

M. The parties recognize that Seaside as LRA has the authority and responsibility to transfer Parcel L.20.11.1 to the County; and N. The parties intend by this MOU to set forth their mutual understandings to effectuate the transfer of Parcel L.20.11.1 from Seaside to the County.

O. The transfer of Parcel L.20.11.1 from Seaside to the County is not a project under California Environmental Quality Act Guidelines section 15378(b)(5) because it is an administrative action that does not involve any commitment to any specific project that may result in a potentially significant impact on the environment.

AGREEMENT

NOW, THEREFORE,
IN WITNESS WHEREOF, the parties have executed this MOU as of the dates written below.

Dated: ______________________, 2022. County of Monterey By: Charles McKee
Title: County Administrative Officer
Address: 168 West Alisal Street, 3rd Floor
Packet Page 190

Salinas, CA 93901
APPROVED AS TO FORM:

COUNTY COUNSEL
Leslie J. Girard
By:__________________
Dated: ______________________, 2022. City of Seaside
By: Roberta Greathouse
Title: Acting City Manager
Address: 440 Harcourt Avenue
Seaside, CA 93955
APPROVED AS TO FORM:

CITY ATTORNEY
Sheri Damon
By:_____________________
EXHIBITS:

A. LEGAL DESCRIPTION AND MAP
B. AGREEMENT BETWEEN FORA AND SEASIDE
C. LETTER FROM U.S. DEPARTMENT OF DEFENSE
Packet Page 191

LEGAL DESCRIPTION
PARCEL 1A:

Certain real property being that portion of Fort Ord Military Reservation and a portion of Blanco Road being Parcel 1A as shown by map on file in Volume 20, of Surveys, at Page 110, records of Monterey County, California, on sheet 2 of 14, more particularly described as follows:

BEGINNING at the northeasterly right of way of Reservation Road with the intersection of the northwesterly line of Parcel 3 as shown on Volume 19, of Surveys, at Page 20, records of said County, also being the southerly terminus of that certain course shown as S 12o 46’28”W, 461.46 feet as shown
on map on file in Volume 20, of Surveys, at Page 110, records of said County; thence along said course
(1) N 12o46’28” E, 461.46 feet; thence continuing along said Parcel 3 and the southeasterly line of said Parcel 1A as shown on last said map
(2) N 32o15’38” E, 996.20 feet; thence continuing along said Parcel 3 and said Parcel 1A (3) N 36o30’00” E, 1681.00 feet; thence continuing along said Parcel 3 and said Parcel 1A (4) N 46o40’30” E, 475.12 feet, to a point on the northeasterly boundary of Fort Ord as shown on said map; thence along said northeasterly line of said boundary and said Parcel 1A (5) N 45o12’04” W, 7.78 feet, to an angle point on said northeasterly boundary and the northeasterly line of said Parcel 1A as shown on said map; thence continuing along said boundary and said Parcel 1A
(6) S 87o24’01” W, 274.92 feet, to an angle point on said northeasterly boundary and the northeasterly line of said Parcel 1A as shown on said map; thence continuing along said boundary and said Parcel 1A
(7) N 43o12’01” W, 434.42 feet, to the existing northwesterly right of way Blanco Road as shown on said map; thence along said right of way and the northwesterly line of said Parcel 1A (8) S 29o06’03” W, 2089.07 feet, along said right of way Blanco Road and said Parcel 1A to an angle point as shown on said map; thence continuing said right of way and said northwesterly line of Parcel 1A
(9) S 32o15’38” W, 1250.49 feet, continuing along said right of way and said Parcel 1A to an angle point as shown on said map; thence continuing along said right of way and said Parcel 1A Exhibit A
Packet Page 192
(10) S 73o
07’49” W, 244.62 feet, continuing along said right of way line and said Parcel 1A to the northerly right of way of Reservation Road as shown on said map; thence along said northerly right of way of Reservation Road and the southerly line of said Parcel 1A (11) S 57o44’10” E, 610.00 feet, to the POINT OF BEGINNING Exhibit A
Packet Page 193
Exhibit A
Packet Page 194
Exhibit B
Packet Page 195
Exhibit B
Packet Page 196
Exhibit B
Packet Page 197
Exhibit B
Packet Page 198
Exhibit B
Packet Page 199
Exhibit B
Packet Page 200
Exhibit B
Packet Page 201
Exhibit B
Packet Page 202
Exhibit B
Packet Page 203

OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000

ACQUISITION

AND SUSTAINMENT
Mr. Joshua Metz
Executive Officer
Fort Ord Redevelopment Authority
920 2nd Avenue, Suite A
Marina, CA 93933
Mr. Craig Malin
City Manager
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
Dear Mr. Metz and Mr. Malin:

On behalf of the Secretary of Defense and pursuant to the Defense Base Closure and Realignment Act of 1990, as amended, this letter serves as recognition of the City of Seaside as the successor Local Redevelopment Authority with an effective date of July 1, 2020, for the purposes of implementing the Economic Development Conveyance Agreement with the U.S.

Army at the former Fort Ord.

Questions pertaining to this recognition or requests for assistance to guide your implementation activity may be directed to Ms. Liz Chimienti, Office of Economic Adjustment Project Manager, at (703) 901-7644.

Sincerely,
Director
Office of Economic Adjustment
cc:

DASA(IH&P)
Exhibit C
Packet Page 204
RESOLUTION NO. 2022-XX

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

THE FEDERALLY RECOGNIZED LOCAL REDEVELOPMENT AUTHORITY AND

SUCCESSOR TO THE FORT ORD REUSE AUTHORITY AUTHORIZING THE CITY

MANAGER TO EXECUTE DOCUMENTS TO TRANSFER A PORTION OF BLANCO

ROAD TO THE COUNTY OF MONTEREY
WHEREAS, In 1994, the Fort Ord Reuse Authority (FORA), a regional governmental entity, was established pursuant to the Fort Ord Reuse Authority Act (California Government Code Sections 67650 et seq.) to plan, facilitate and manage the transfer of property of the former Fort Ord from the United States Army to the governing local jurisdictions or their designee(s); and WHEREAS, the Office of Economic Adjustment on behalf of the Secretary of Defense of the United States of America recognized FORA as the Local Redevelopment Authority (“LRA”) for property transfers from the Army; and WHEREAS, On or about June 23, 2000, FORA and the Army entered into an Economic Development Conveyance Memorandum of Agreement (“EDC MOA”), whereby FORA acquired portions of the former Fort Ord consisting of approximately five thousand two hundred (5,200) acres of land, including all buildings, personal property, appurtenances, rights-of-way, drainage areas, and other real property interests as defined (Document No. 2000040124, recorded on June 23, 2000 in the Office of the Monterey County Recorder); and
WHEREAS, the EDC MOA, among other things, enumerated the property to be transferred with reference to Army parcel numbers and identified the local jurisdictions to which each of the referenced parcels were to be transferred; and WHEREAS, the EDC MOA identified Parcel No. L20.11.1, described as “ROW [Right of Way]/Blanco Road,” as a parcel to be transferred to the County of Monterey; and
WHEREAS, FORA and the County entered into an Implementation Agreement, dated May 8, 2000, setting forth terms and conditions for transfer of certain identified properties to the County, including identifying Parcel No. L.20.11.1 as a parcel to be transferred to the County (Document No. 2001088380, recorded on October 18, 2001 in the Office of the Monterey County Recorder); and
WHEREAS, Parcel No. L.20.11.1 consists of a 31.19 acre portion of Blanco Road, located north of Reservation Road within the County jurisdictional limits, as more fully described and shown in Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, FORA dissolved by operation of law on June 30, 2020 pursuant to California Government Code section 67700; and
Packet Page 205
WHEREAS, on or about February 21, 2020, in anticipation of the dissolution of FORA, FORA and Seaside entered into an agreement in which FORA nominated the City of Seaside as the LRA to succeed FORA, and Seaside agreed to assume the LRA designation and the remaining responsibilities under the EDC after FORA dissolution (Exhibit B); and
WHEREAS, on or about April 30, 2020, the United States Department of Defense accepted the City of Seaside as the successor LRA to FORA, effective July 1, 2020, for the purpose of implementing the EDC at the former Fort Ord (Exhibit C); and WHEREAS, after the dissolution of FORA, the County discovered that it had no record of transfer of Parcel L.20.11.1 from FORA to the County; and WHEREAS, Seaside and County confirmed through research that the Army had transferred the parcel to FORA as part of a quitclaim deed (Document No. 2000050371, recorded on August 8, 2000 in the in the Office of the Monterey County Recorder), but FORA had not transferred Parcel L.20.11.1 to the County or to any other jurisdiction; and
WHEREAS, the parties recognize that Seaside as LRA and successor to FOR A has the authority and responsibility to transfer Parcel L.20.11.1 to the County; and WHEREAS, the transfer of Parcel L.20.11.1 from the Fort Ord Reuse Authority through Seaside as successor LRA to the County is not a project under California Environmental Quality Act Guidelines section 15378(b)(5) because it is an administrative action that does not involve any commitment to any specific project that may result in a potentially significant impact on the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council acting in its capacity as successor to the Fort Ord Reuse Authority and as the Federally appointed Local Reuse Authority for the former Fort Ord, hereby authorizes the City Manager to executed such documents effectuating the transfer of Blanco Road from the Fort Ord Reuse Authority to the County of Monterey, including without limitation a Memorandum of Understanding with the County of Monterey, and related Quit Claim Deed for Blanco Road (Parcel L.20.11.1), in substantially the form as attached hereto, and as finally approved by the City Attorney.

PASSED AND ADOPTED by meeting of City of Seaside duly held on the 3rd day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Packet Page 206
____________________
Ian N. Oglesby, Mayor
ATTEST:
________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
________________________
Sheri L. Damon, City Attorney
Packet Page 207

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Ashley Collick, Assistant City Manager
DATE: February 3, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE BROADWAY WALK OF

FAME POLICY

RECOMMENDATION
Adopt a resolution approving the Broadway Walk of Fame policy and establishing the Broadway Walk of Fame Adhoc committee.

BACKGROUND
On April 15, 2021, the Council authorized the establishment of a walk of fame program on Broadway Avenue to honor Seaside residents that have made significant contributions to the community, and directed staff to return with a policy.

Purpose
The “Broadway Walk of Fame” will provide a unique attraction that enhances and encourages a walkable downtown. Each star will honor local Seaside residents and serve as a living historical record of our achievements. Inductees will be those who have made a significant and lasting contribution to the quality of life in Seaside – which has, indeed, cast a long shadow on our city’s history.

The program will align with the Parks, Recreational Facility, City-owned building, and Street naming policy as appropriate and the City Manager or designee will manage the Broadway Walk of Fame program and support the Committee in its assigned duties.

Nominee criteria
Broadway Walk of Fame Nominees must meet one of the categories listed within the policy. No more than one category may be selected.

The Broadway Walk of Fame Nominees must have made a consistent and positive Packet Page 208

Item No. 9.A. Page 2 of 3
impact in three or more of the eligibility criteria listed within the policy.

Nominees will be inducted into the Broadway Walk of Fame program on an annual basis.

The Adhoc Committee
The Broadway Walk of Fame Adhoc committee will be established in order to make recommendations on the design of the star, assist staff regarding placement recommendations on Broadway for the first cycle of the program, and be responsible for reviewing applications and making nominee inductee recommendations to the Council.

The Adhoc committee will consist of a combination of commissioners made up of CJobs, Art & History, and Seaside Residents. A maximum of two members from each commission and a maximum of three Seaside residents selected by the Mayor. There will be a minimum of 5 members with a maximum of 7 members total.

Application Process
In March of each calendar year, the Broadway Walk of Fame program will open the application period for nominations. Applications will be accepted for 30 calendar days.

Applications deemed incomplete will be rejected. Nominees not selected for the installation can reapply the following year for consideration.

All nominations will be given the same consideration without regard to the nomination source.

Applications that do not meet the criteria set forth in this policy will be denied.

The names of individuals or corporations or groups involved in controversial enterprises or activities, such as those that would be detrimental to the mission or image of the City of Seaside will be avoided, and the application will be denied; and A denial letter will be sent to the applicant detailing the reason(s) for denial. Applicants are eligible to re-apply in the following year if the criteria for their original application has been met.

Fees
The applicant or group will be responsible for the fees associated with the purchase of the star and all installation costs; and
The City Council may waive the fees associated with the purchase and / or installation costs at their direction and may elect to establish an annual budget for this program; and
Packet Page 209

Item No. 9.A. Page 3 of 3
Council Review Process
The Council will determine star placement on Broadway, hearing recommendations from staff. Placement will be done in phases, with consideration for the walkability and enhancement of downtown.

The City Council shall have the final authority to name and rename the commemorative star.

Under extraordinary circumstances that would cast a negative image upon the City, any star naming in honor of an individual, family or group may be revoked at the discretion of the City Council.

The Council has the authority to modify this program as needed in order to meet the policy objectives.

Recognition Ceremony
Inductees will be recognized in a public ceremony, proclamation, and honored with a star on the "Broadway Walk of Fame" in downtown Seaside.

Program time line
March 2022: Broadway Walk of Fame Application opens.

April 2022: Committee meetings will begin.

June 2022: Star recommendations will be submitted to the Council for approval.

FISCAL IMPACT
The Council allocated $40,000 in FY 20/21 for the Broadway Walk of Fame’s first cycle of inductees.

ATTACHMENTS

1. BROADWAY WALK OF FAME POLICY DRAFT

2. RESOLUTION
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 210
January 26, 2022
1 BROADWAY WALK OF FAME POLICY
I. Purpose
The “Broadway Walk of Fame” will provide a unique attraction that enhances and encourages a walkable downtown. Each star will honor local Seaside residents and serve as a living historical record of our achievements as a community.

The ultimate goal is to honor those individuals who have made a significant and lasting contribution to the quality of life in Seaside – who have, indeed, cast a long shadow on our City’s history.

This program will align with the Parks, Recreational Facility, City owned building, and street naming policy as appropriate.

II. Eligibility Criteria
A. Broadway Walk of Fame Nominees must meet one of the following categories (no more than one category may be selected):

1. Athletics and Competition

2. Arts and Performing Media

3. Civics and Government

4. Community and Social Equality

5. Education

6. Environment and Conservation

7. Journalism and Literature

8. Outstanding Achievement
B. Broadway Walk of Fame Nominees must have made a consistent and positive impact in three or more of the areas listed below:

1. Ability to inspire and encourage others to enhance diversity and inclusion in the City of Seaside.

2. Bringing positive recognition to the City on a local, national, or global stage.

3. Contributing a significant historical impact.

4. Contributing to the health and safety of our citizens.

5. Contributing to the quality of life of our citizens

6. Expanding opportunities for the City of Seaside to become a destination of choice.

7. Extraordinary effort to overcome challenges to achieve contribution.

8. Fostering the spirit of our community.

9. Making lasting and significant contributions to the protection of natural or cultural resources of the City of Seaside.

Packet Page 211
January 26, 2022
2 10. Making substantial contributions to the advancement of commensurate types of recreational opportunities with the City of Seaside.

11. Making substantial contributions to the betterment of a specific facility or park consistent with the established standards for the facility.

12. Providing economic development or redevelopment activity.

13. Providing positive opportunities for the future of our youth.

14. Volunteering or working in the community for five (5) or more years.

III. Broadway Walk of Fame Committee
A. The purpose of the Committee is twofold:

1. The Committee is an ad hoc committee to the Council to make recommendations on the design of the star and to assist staff regarding placement recommendations on Broadway for the first cycle of the program.

2. The Committee will be responsible for reviewing applications and making nominee inductee recommendations to Council.

B. The Broadway Walk of Fame Committee will consist of a combination of commissioners made up of C-Jobs, Art & History, and Seaside Residents. A maximum of two members from each commission and a maximum of three Seaside residents to be selected by the Mayor. There will be a minimum of 5 members with a maximum of 7 members total.

IV. Application Process
Nominees will be inducted into the Broadway Walk of Fame program on an annual basis. Applications deemed incomplete will be rejected. Nominees not selected for the installation can reapply the following year for consideration.

A. In March of each calendar year, the City’s Broadway Walk of Fame program will open the application period for nominations for the Walk of Fame. Applications will be accepted for a 30 calendar days.

B. All complete applications received will be forwarded to the Committee for review and consideration.

C. The Committee will review all applications and meet with applicants as needed to make a final recommendation to the Council at their next regularly scheduled meeting.

D. The applicant shall be able to provide clear evidence that the individual to be honored has made a significant contribution to the Seaside community based on the eligibility criteria.

E. A maximum of six inductees will be added to the Walk of Fame on an annual basis.

F. All nominations will be given the same consideration without regard to the nomination source.

Applications that do not meet the criteria set forth in this policy will be denied.

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January 26, 2022
3 G. The names of individuals or corporations or groups involved in controversial enterprises or activities, such as those that would be detrimental to the mission or image of the City of Seaside will be avoided, and the application will be denied.

H. A denial letter will be sent to the applicant detailing the reason(s) for denial. Applicants are eligible to re-apply in the following year if the criteria for their original application has been met.

V. Fees
A. The applicant or group will be responsible for the fees associated with the purchase of the star and all installation costs.

B. The City Council may waive the fees associated with the purchase and / or installation costs at their direction and may elect to establish an annual budget for this program.

VI. Recognition Ceremony
A. Inductees will be recognized in a public ceremony, proclamation, and honored with a star on the "Broadway Walk of Fame" in downtown Seaside.

VII. City Council Review Process:

A. The Council will determine star placement on Broadway, hearing recommendations from staff.

Placement will be done in phases, with consideration for the walkability and enhancement of downtown.

B. The City Council shall have the final authority to name and rename the commemorative star.

C. Under extraordinary circumstances that would cast a negative image upon the City, any star naming in honor of an individual, family or group may be revoked at the discretion of the City Council.

D. The Council has the authority to modify this program as needed in order to meet the policy objectives.

E. The City Manager or designee will manage the Broadway Walk of Fame program and support the Committee in its assigned duties.

Packet Page 213
January 26, 2022
4 BROADWAY WALK OF FAME APPLICATION
Name of Nominee: _______________________________ Mailing Address: ___________________________ City / State: _____________________ Phone: ____________________ E-mail: ________________________ Applicant or Group: (if different from nominee): _____________________ Mailing Address: _______________ City / State: _____________________ Phone: ____________________ E-mail: ________________________ Please select the nomination category (no more than one category may be selected):

The Broadway Walk of Fame nominees must have made a consistent and positive impact in three or more of the areas listed below, please select the supporting criteria below:

Category YES NO Category YES NO
Athletics and Competition Arts and Performing Media
Civics and Government Community and Social Equality
Education Environment and Conservation
Journalism and Literature Outstanding Achievement
Criteria YES NO Criteria YES NO
Ability to inspire and encourage
others to enhance diversity and
inclusion in the City of Seaside.

Making substantial contributions to the
betterment of a specific facility or park consistent
with the established standards for the facility.

Bringing positive recognition to the
city on a local, national, or global
stage.

Volunteering or working in the community for five
(5) or more years.

Contributing to the quality of life of
our citizens.

Providing economic development or
redevelopment activity.

Enhancing Seaside as a place to
live, work, or visit. Contributing significant historical impact.

Fostering the spirit of our
community.

Extraordinary effort to overcome challenges to
achieve contribution.

Making lasting and significant
contributions to the protection of
natural or cultural resources of the
City of Seaside.

Contributing to the health and safety of our
citizens.

Providing positive opportunities for
the future of our youth.

Making substantial contributions to the
advancement of commensurate types of
recreational opportunities with the City of
Seaside.

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January 26, 2022
5 If no, please explain why:
________________________________________________________________________________________ Please provide written justification supporting your nomination for the Broadway Walk of Fame or provide additional comments related to this application. Attach additional pages or supplemental information, if applicable.

Consider the following:

Why do you feel this nominee’s contribution is significant; Why you consider the nominee’s contribution to be long lasting or even timeless; What specific impact has the nominee’s contribution made on the quality of life in Seaside?
JUSTIFICATION:
________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Please attach petitions and/or letters of support from City community groups and organizations.

Signature: ___________________________ Print Name: ________________________ Date: ___________ If you have any questions, please call the City Manager’s office at (831) 899-6700.

Please return completed application to:

City of Seaside – City Manager’s Office, 440 Harcourt Avenue, Seaside Ca 93955 Email: [email protected], Subject: Broadway Walk of Fame Application Question YES NO
Is the Nominee aware of the Broadway Walk of Fame nomination? **This question is informational and not related to the criteria section** Packet Page 215
RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING THE BROADWAY WALK OF FAME POLICY AND ESTABLISHING THE

BROADWAY WALK OF FAME AD HOC COMMITTEE
WHEREAS, on April 15, 2021, the Council discussed and authorized the establishment a walk of fame program on Broadway Avenue to honor Seaside residents that have made significant contributions to the community, and directed staff to return with a policy; and WHEREAS, the Council allocated $40,000 in FY 20/21 for the Broadway Walk of Fame’s first cycle of inductees; and
WHEREAS, the “Broadway Walk of Fame” will provide a unique attraction that enhances and encourages a walkable downtown. Each star will honor local Seaside residents and serve as a living historical record of our achievements as a community; and WHEREAS, the ultimate goal of the program is to honor those individuals who have made a significant and lasting contribution to the quality of life in Seaside – who have, indeed, cast a long shadow on our City’s history; and
WHEREAS, the Broadway Walk of Fame program will align with the Parks, Recreational Facility, City owned building, and street naming policy as appropriate; and WHEREAS, the City Manager or designee will manage the Broadway Walk of Fame program and support the Committee in its assigned duties; and WHEREAS, the Broadway Walk of Fame Adhoc committee will be established in order to make recommendations on the design of the star, assist staff regarding placement recommendations on Broadway for the first cycle of the program, and be responsible for reviewing applications and making nominee inductee recommendations to Council; and WHEREAS, the Broadway Walk of Fame Adhoc Committee will consist of a combination of commissioners made up of C-Jobs, Art & History, and Seaside Residents. A maximum of two members from each commission and a maximum of three Seaside residents to be selected by the Mayor. There will be a minimum of 5 members with a maximum of 7 members total; and WHEREAS, the nominees will be inducted into the Broadway Walk of Fame program on an annual basis. Applications deemed incomplete will be rejected. Nominees not selected for the installation can reapply the following year for consideration; and WHEREAS, the Broadway Walk of Fame Nominees must meet one of the categories listed within the policy (no more than one category may be selected); and WHEREAS, the Broadway Walk of Fame Nominees must have made a consistent and positive impact in three or more of the eligibility criteria listed within the policy; and Packet Page 216
WHEREAS, all nominations will be given the same consideration without regard to the nomination source. Applications that do not meet the criteria set forth in this policy will be denied; and
WHEREAS, the names of individuals or corporations or groups involved in controversial enterprises or activities, such as those that would be detrimental to the mission or image of the City of Seaside will be avoided, and the application will be denied; and WHEREAS, the applicant or group will be responsible for the fees associated with the purchase of the star and all installation costs; and
WHEREAS, the City Council may waive the fees associated with the purchase and / or installation costs at their direction and may elect to establish an annual budget for this program; and
WHEREAS, inductees will be recognized in a public ceremony, proclamation, and honored with a star on the "Broadway Walk of Fame" in downtown Seaside; and WHEREAS, the Council will determine star placement on Broadway, hearing recommendations from staff. Placement will be done in phases, with consideration for the walkability and enhancement of downtown; and
WHEREAS, the City Council shall have the final authority to name and rename the commemorative star; and
WHEREAS, under extraordinary circumstances that would cast a negative image upon the City, any star naming in honor of an individual, family or group may be revoked at the discretion of the City Council; and
WHEREAS, the Council has the authority to modify this program as needed in order to meet the policy objectives; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside do hereby direct the City of Seaside City Manager to accept and execute on behalf of the City Council, the adoption of the Broadway Walk of Fame policy and form the Adhoc committee.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 3rd day of February 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
Packet Page 217

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Trevin Barber, Assistant City Manager
DATE: February 3, 2022
SUBJECT: REVIEW OF ABANDONED BUILDING PROGRAM

RECOMMENDATION
Receive report and provide direction to staff.

BACKGROUND
At the City Council Meeting on July 7, 2021, the City Council requested information relating to programs for vacant commercial businesses. During the January 20, 2022, meeting, the City Council clarified the request by asking for information on the Abandoned Residential Property Registration program currently operated by the City of Seaside, as listed in Chapter 8.29 of the City's Municipal Code. This item is informational only. It does not adopt a fee or request changes to a fee.

Existing Municipal Code
The City of Seaside's Municipal Code currently has vacant property regulations and penalties as adopted by Ord. 1070 § 2, 2019 and Ord. 996 § 1, 2011. If a property is deemed uninhabitable and is not in danger of structural collapse, a placard of condemnation and an order for the structure to be boarded/fenced is given.

Additionally, an owner will owe a debt for failure to comply within a specified time, for the cost of boarding said structure and to be collected by any legal means. The City's Municipal Code also requires vacant residential properties to register with the City.

Chapter 8.29 Abandoned Residential Property Registration was specifically established for registration of abandoned residential properties in order to protect neighborhoods from blight. The registration of the vacant property is valid until the property no longer remains subject to the chapter. After registration of a property, there is a fee set by the City Council that must be paid and property is to be kept within security and maintenance requirements.The current fee is $62.00. Within the chapter, Ord. 996 cites that any violation of said chapter will be charged as a misdemeanor; treated as a strict Packet Page 218

Item No. 9.B. Page 2 of 2
liability offense; violation of any portion of the chapter will be subject to prosecution or administrative enforcement.

FISCAL IMPACT
None

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.C.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Roberta Greathouse, Human Resources Director/Risk Manager DATE: February 3, 2022
SUBJECT: DISCUSS OPTIONS FOR REPLACING THE BASKETBALL COURT

AT LINCOLN CUNNINGHAM PARK TO ENABLE STAFF TO

OBTAIN AN ESTIMATE FOR A NEW COURT

RECOMMENDATION
Review options and provide direction for the replacement of the basketball court at Lincoln Cunningham Park.

BACKGROUND
Staff and Mayor Pro Tem Pacheco met at Lincoln Cunningham Park and discussed options for replacing the single court that is currently at the park. Those options included 1) a full-size court; 2) a half court; and 3) a multipurpose court. It is recommended staff obtain an estimate for a full-court and staff is prepared to do so within the next 120 days.

FISCAL IMPACT
The is no fiscal impact associated with this item.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:

Packet Page 220

Item No. 9.C. Page 2 of 2
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 221