Seaside City Council
April 21, 2022

ORDINANCE XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SEASIDE

ADOPTING A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH AB 481 LAW ENFORCEMENT AND STATE AGENCIES: MILITARY EQUIPMENT:

FUNDING, ACQUISITION, AND USE
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed military equipment use policy, attached, is found within Seaside Police Department; and
WHEREAS, the Seaside Police Department Policy 710 meets the requirements of California Government Code section 7070, subdivision (d).

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

SECTION 1. FINDINGS.

Based on the entirety of the record as described above, the City of Seaside City Council for the hereby makes the following findings:

Packet Page 617

1. The military equipment identified in Seaside Police Policy 710 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Seaside Police Department Policy 710 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in Seaside Police Department Policy 710 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

SECTION 2. CEQA.

The City Council hereby finds the draft ordinance does not involve the approval of a project because the ordinance and its implementation do not result in a direct or indirect physical change in the environment or in a reasonably foreseeable indirect physical change in the environment. It is therefore exempt from the California Environmental Quality Act (CEQA) review. (Pub. Resources Code §21065; CEQA Guidelines §§15357, 15377, 15378).

SECTION 3. SEVERABILITY.

If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

SECTION 4. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days following the date of its final passage and adoption at a duly notice public hearing for the second reading of the proposed text repeal and text amendments.

SECTION 5. PUBLICATION. The City Clerk shall certify to the adoption of this Packet Page 618

Ordinance and shall, within fifteen (15) days after passage, publish a summary of this Ordinance in accordance with Section 36933 of the Government Code of the State of California with the names of City Council members voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Seaside held on the ___ day of __________ 2022, and passed to print.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held the ___ day of __________ 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 619
Policy
710
Seaside Police Department
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

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

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

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

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

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

Packet Page 620
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

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

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

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department Packet Page 621
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Military Equipment - 3 See attachment: SSPD AB 481 List.pdf
See attachment: MPRSRU AB 481.pdf
See attachment: MPRSRU 2 AB 481.pdf
See attachment: MPRSRU 3 AB 481.pdf
See attachment: MPRSRU 4 AB 481.pdf
See attachment: MPRSRU 5 AB 481.pdf
See attachment: MPRSRU 6 AB 481.pdf
710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions providing aid to Seaside PD shall comply with their respective military equipment use policies. Seaside PD is a participating member of the Packet Page 622
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

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

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

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

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

Email: [email protected]
Web: http://www.ci.seaside.ca.us/Faq.aspx?QID=172
By phone: (831) 899-6748
By mail: Seaside Police Department; Attn: Military Equipment Use Coordinator; 440 Harcourt Ave Seaside, CA 93955
Packet Page 623
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** Attachments - 5 Attachments
Packet Page 624
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** SSPD AB 481 List.pdf - 6 SSPD AB 481 List.pdf
SSPD AB 481 List.pdf
Packet Page 625
Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicles California Government Code § 7070(c)(1)
Type Unmanned Aerial Vehicle
Description Remotely piloted, unmanned aerial vehicle.

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

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

Fiscal Impact $1,200.00 each.

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

Compliance
Mechanisms
49 USC §§ 40102, 40125, 14 CFR 91.113, FAA Certificate of Authorization 2019-WSA-5762- COA
Packet Page 626
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Semi-Automatic Patrol Rifle
Description Colt M4 rifle.

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

Fiscal Impact $1,200.00 each.

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

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

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

Packet Page 627
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Semi-Automatic Patrol Rifle
Description Colt AR-15 A3 rifle.

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

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

Fiscal Impact $1,200.00 each.

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

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

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

Packet Page 628
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Semi-Automatic Patrol Rifle
Description Stag Arms STAG-15
Quantity 2
Expended Lifespan 10 years
Manufacturer
Description
The Stag Arms STAG-15rifle is a gas operated, semi-automatic rifle, chambered in 223 Remington/5.56 NATO
Purpose and
Authorized Uses
The Stag Arms STAG-15 rifle enables officers when in compliance with the Seaside Police Department Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow an officer a precision shot placement minimizing the risk to officers and innocent citizens.

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

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

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

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

Packet Page 629
Specialized Firearm & Ammunition
California Government Code § 7070(c)(10)
Type Ammunition for AR-15/M4 rifles.

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

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

Fiscal Impact $292.00 per case.

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

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

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

Packet Page 630
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Less Lethal Shotgun
Description Remington 870 Less Lethal Shotgun with orange stock and fore-end.

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

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

Fiscal Impact $950 each.

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

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

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

Packet Page 631
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description ALS1202 12 gauge fin stabilized kinetic energy projectile.

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

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

Fiscal Impact $6.00 a box.

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

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

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

Packet Page 632
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description ALS1212 12 gauge stabilized kinetic energy projectile.

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

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

Fiscal Impact $6.00 a box.

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

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

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

Packet Page 633
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Less Lethal Launcher
Description FN303 Less Lethal Launcher
Quantity 2
Expended Lifespan 10 years
Manufacturer
Description
The FN 303® Less Lethal Launcher is constructed from durable lightweight polymer with comfortable ergonomics and an easy to operate safety. The FN 303® Launcher is equipped with both flip-up iron sights and an integrated MIL-STD-1913 top mounting rail for optical or electronic sights or other accessories. The lightweight polymer magazine holds 15 projectiles and offers a clear rear cover to allow the operator to instantly verify both the payload type and the number of projectiles remaining.

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

Fiscal Impact $1,699.00 each.

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

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

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

Packet Page 634
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description FN303 Clear Impact Projectile
Quantity 900
Expended Lifespan 3 years
Manufacturer
Description
Less lethal ammunition designed for the FN 303 launcher. Dedicated to reducing lethality, the basis of the FN 303 lies in its unique projectiles. These .68 caliber, 8.5 gram projectiles utilize a fin-stabilized polystyrene body and a non-toxic bismuth forward payload to provide more accuracy and greater effective range than other less lethal systems. The primary effect of the projectile is trauma, which directly neutralizes the aggressor. Secondary effects from the projectiles can be delivered via a chemical payload depending on mission requirements.

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

Fiscal Impact $314.00 per box.

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

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

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

Packet Page 635
Projectile Launch Platforms & Munitions
California Government Code § 7070(c)(14)
Type Kinetic Energy Projectile Munition
Description FN303 OC Powder Projectile
Quantity 450
Expended Lifespan 3 years
Manufacturer
Description
Less lethal ammunition designed for the FN 303 launcher. Dedicated to reducing lethality, the basis of the FN 303 lies in its unique projectiles. These .68 caliber, 8.5 gram projectiles utilize a fin-stabilized polystyrene body and a non-toxic bismuth forward payload to provide more accuracy and greater effective range than other less lethal systems. The primary effect of the projectile is trauma, which directly neutralizes the aggressor. Secondary effects from the projectiles can be delivered via a chemical payload depending on mission requirements.

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

Fiscal Impact $511.00 per box.

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

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

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

Packet Page 636
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU AB 481.pdf - 7 MPRSRU AB 481.pdf
MPRSRU AB 481.pdf
Packet Page 637
AB 481 Category
Govt Code §7070(c): (1) Unmanned, remotely piloted, powered aerial or ground vehicles Description: Unmanned, remotely piloted, powered arial and ground vehicles Quantity (existing/sought):
0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team and Sheriff's Bomb Squad)
Capabilities:

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

Expected lifespan: 5 years
Manufacturer's description:

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

Purpose(s)/Authorized Use:

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

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

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

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

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

Other:

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

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

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 638
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 2 AB 481.pdf - 8 MPRSRU 2 AB 481.pdf
MPRSRU 2 AB 481.pdf
Packet Page 639
AB 481 Category
Govt Code §7070(c):
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision Description: MPRSRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities:

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

Expected lifespan: 10 years
Manufacturer's description:

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

Purpose(s)/Authorized Use:

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

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

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

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

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

Other:

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

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

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 640
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 3 AB 481.pdf - 9 MPRSRU 3 AB 481.pdf
MPRSRU 3 AB 481.pdf
Packet Page 641
AB 481 Category
Govt Code §7070(c):
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
Description: Workhorse commercial van
Quantity (existing/sought): 1 (owned by SSPD and used exclusively for MPRSRU SWAT Team) Capabilities: Vehicles modified to facilitate the control and direction of public safety units.

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

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

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

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

Other:

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

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

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 642
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 4 AB 481.pdf - 10 MPRSRU 4 AB 481.pdf
MPRSRU 4 AB 481.pdf
Packet Page 643
AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: Remington 870 Breaching Shotgun
Quantity (existing/sought): 1 (owned by SSPD and used for MPRSRU SWAT Team) Capabilities: Remington 870 12 gauge shotgun modified with pistol grip and barrel standoff designed for breaching doors or other points of entry.

Expected lifespan: Unknown
Manufacturer's description:

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

Purpose(s)/Authorized Use:

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

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

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

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

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

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

Other:

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

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

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 644
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 5 AB 481.pdf - 11 MPRSRU 5 AB 481.pdf
MPRSRU 5 AB 481.pdf
Packet Page 645
AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities:

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

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

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

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

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

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

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

Other:

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

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

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 646
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Seaside Police Department ***DRAFT*** MPRSRU 6 AB 481.pdf - 12 MPRSRU 6 AB 481.pdf
MPRSRU 6 AB 481.pdf
Packet Page 647
AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles
Expected lifespan: 15 years
Manufacturer's description:

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

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

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

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

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

Other:

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

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

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use Packet Page 648

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Haroon Noori, Administrative Analyst II
DATE: April 21, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING THE 2022-2023 ANNUAL

ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) PROGRAM

RECOMMENDATION
Adopt a Resolution in order to:

1. Approve the FY2022-2023 Annual Action Plan including the contingency provisions;

2. Authorize the City Manager, or the City Manager’s designee, as the official representative to sign all certifications and assurances, and sub-agent agreements for the use of funds approved in the FY2022-2023 Annual Action Plan; and

3. Authorize the City Manager to submit the FY2022-2023 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) within 60 days after an announcement is made of the Seaside grant award amount by HUD and prior to the deadline of August 16, 2022, whichever is earlier.

BACKGROUND
Each year, the City of Seaside (City) receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD).

The City announces the availability of CDBG program funds, the terms and conditions of awards, and requirements for the submittal of applications through a Notice of Funding Availability (NOFA). While the City receives CDBG funds on an annual basis, it operates the CDBG program under a two-year application and funding request cycle.

On December 1, 2021, the City issued a biennial Notice of Funding Availability (NOFA) to solicit applications for awards of CDBG funds for fiscal years 2022-2023 and 2023- 2024. The NOFA was also published in the Monterey County Weekly on November 25, 2021. A mandatory pre-proposal conference was also conducted on December 10, 2021, to assist applicants with program regulations and project eligibility questions.

Packet Page 649

Item No. 9.B. Page 2 of 5
In response to the 2022-24 NOFA, the City received 6 public service and 6 public facilities and infrastructure project applications which were carefully reviewed by staff and the Community Development Advisory Committee (CDAC). Applications were then forwarded to the City Council for further consideration. A summary of the applications received and requested amounts is provided in the table below:

Agency Name Program/Project FY22/23 FY23/24
Greater Victory Temple Afterschool Program 15,000 15,000 Legal Services for Seniors Legal Services for Seniors 15,000 15,000 Meals on Wheels of Monterey
Peninsula
Home Delivered Meals 20,000 20,000
Eden Council for Hope and
Opportunity
Fair Housing Services 9,390 9,390
Gathering for Women - Monterey Case Management 10,000 10,000 Girls Inc of the Central Coastal Afterschool Program 15,000 15,000 Public Services Subtotal 84,390 84,390
City of Seaside Engineering
Department
Cutino Park improvements 250,000 250,000
Community Human Services Genesis House improvements 40,000 40,000 Boys and Girls Clubs of Monterey
County
Seaside Clubhouse
improvements
50,000 50,000
MPUSD, Monterey Adult School Portable Rehab Phase II 55,000 -- Monterey Peninsula Unified
School District
Community Mural 58,000 --
Meals on Wheels Monterey
Peninsula
Automatic Flow Wrapping
Machine
80,000 --
Public Facilities/Infrastructure Subtotal 533,000 340,000 DISCUSSION:

On March 17, 2022, the City Council considered CDAC’s funding recommendations and approved CDBG funding allocations for fiscal year 2022-23 and fiscal year 2023-24 as follows.

Agency Name Program/Project FY22/23 FY23/24
Greater Victory Temple Afterschool Program 13,152 13,152 Legal Services for Seniors Legal Services for Seniors 13,152 13,152 Meals on Wheels of Monterey
Peninsula
Home Delivered Meals 13,152 13,152
Eden Council for Hope and
Opportunity
Fair Housing Services 9,390 9,390
Gathering for Women - Monterey Case Management 10,000 10,000 Girls Inc of the Central Coastal Afterschool Program 13,152 13,152 Public Services Subtotal 71,998 71,998
Packet Page 650

Item No. 9.B. Page 3 of 5
City of Seaside Engineering
Department
Cutino Park improvements 250,000 250,000
Community Human Services Genesis House
improvements
40,000 40,000
Boys and Girls Clubs of Monterey
County
Seaside Clubhouse
improvements
50,000 50,000
Public Facilities/Infrastructure Subtotal 340,000 340,000 City of Seaside CDBG Admin./Planning 68,002 68,002
GRAND TOTAL 480,000 480,000
The City Council approved the above allocations based on an estimated $375,000 per fiscal year in CDBG funds and $105,500 in program income. City staff estimated this based on the prior year CDBG allocation. City staff also anticipated that HUD would be announcing actual allocation amounts at the end of March or early April. However, HUD recently announced (Notice CPD-22-05) that it will announce actual allocation amounts on or around May 13, 2022. Because of this delay, HUD has instructed entitlement grantees to prepare Annual Action Plans based on estimates and to include “contingency provision” language explaining how it will adjust its proposed Plan to match its actual allocation amounts, once actual amounts become known.

Keeping in mind HUD guidance regarding contingency provision, staff recommend the City Council consider the contingency plan as outlined below. By including such contingency language, the City can avoid the need to make significant revisions to its Plan (beyond incorporating the final allocation amounts into the Plan and the SF-424 form). The City may also avoid the potential need to conduct additional citizen participation on a Plan that has to be significantly revised in order to reflect actual allocation amounts.

CONTINGENCY PLAN
The City will follow the following contingency plan in the event of a decrease or increase in actual CDBG allocation:
1) Public Services: In the event of a decrease or increase in the CDBG allocation, the City will maintain the current approved amount of funding for Eden Council of Hope and Opportunity and Gathering for Women, and will proportionally increase or decrease budgets of the Greater Victory Temple, Legal Services for Seniors, Meals on Wheels of Monterey Peninsula, and Girls Inc of the Central Coastal.

The total amount of funding for public service activities shall not exceed 15% of the actual allocation plus prior year program income.
2) Public Facilities and Infrastructure: In the event of a substantial decrease (i.e. $30,000 or more than what is estimated) in actual CDBG allocation, the City will proportionately decrease the amounts for the three approved public facilities and infrastructure projects.

Packet Page 651

Item No. 9.B. Page 4 of 5
If the actual CDBG allocation is less than $30,000 from the estimated amount, or if the actual allocation comes in higher than what is estimated, the City will maintain the CityCouncil approved funding allocations, which are as follows:
 250,000 per year to the City of Seaside Engineering Department for the Cutio Park improvement project;
 $40,000 per year to Community Human Services for the Genisis House facility improvements; and
 $50,000 per year to the Boys and Girls Club of Monterey County for the Seaside Clubhouse improvements.
3) CDBG Program Administration and Planning: CDBG program administration budget will be proportionally adjusted in the event of a decrease or increase in actual allocation. The total amount of funding for program administration shall not exceed 20% of the actual allocation plus current year program income.

CITIZEN PARTICIPATION AND PUBLIC OUTREACH:

On March 17, 2022, the City Council authorized staff to draft the Fiscal Year 2022-2023 Annual Action Plan and to make it available for public review and comment for a period of 30 days. The draft FY2022-23 Annual Action Plan was posted on the CDBG Program webpage on March 18, 2022 for public review. A Public Notice (in English and Spanish) regarding the proposed FY2022-23 Annual Action Plan was also circulated in the Monterey County Weekly on March 17, 2022. The City allowed for a 30-day public comment period which began on Monday, March 21, 2022 and will end on Wednesday, April 20, 2022. All public comments received during the 30-day public review period or at the public hearing will be incorporated into the FY2022-23 Annual Action Plan and submitted to HUD.

ENVIRONMENTAL REVIEW
For purposes of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), budgeting in itself is not a project. Prior to commitment or release of funds for each of the proposed projects, staff will carry out the required environmental reviews or assessments and certify that the review procedures under CEQA, HUD and NEPA regulations have been satisfied for each particular project.

FISCAL IMPACT

ATTACHMENTS

1. 2022-23 CDBG AAP Resolution

2. CPD Notice 22-05

3. 2022-2023 Annual Action Plan - Draft
Packet Page 652

Item No. 9.B. Page 5 of 5
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 653
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE 2022-2023 ANNUAL ACTION PLAN FOR THE

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
WHEREAS, Title 1 of the National Affordable Housing Act requires recipients of Federal funds from the Department of Housing and Urban Development (HUD) to develop a Five -Year Consolidated and related Annual Action Plans; and
WHEREAS, the City of Seaside as a recipient of Community Development Block Grant (CDBG) funds, has an approved 2020-2024 FiveYear Consolidated Plan; and WHEREAS, the City of Seaside operates its CDBG program under a two-year application and funding cycle; and
WHEREAS, on December 1, 2021, the City posted and published a Notice of Funding Availability (NOFA); and held a Mandatory CDBG Funding Workshop for the 2022-2024 funding cycle; and
WHEREAS, on December 10, 2021, held a Mandatory CDBG Funding Workshop for the 2022-2024 funding cycle; and
WHEREAS, on January 10, 2022, the City received six public services applications and six public facilities and infrastructure applications; and WHEREAS, on February 10, 2022, February 16, 2022, February 17, 2022, and February 24, 2022, the Community Development Advisory Committee (CDAC) convened public meetings to discuss applications and recommend funding allocations to the City Council; and
WHEREAS, on March 17, 2022, the City Council considered the recommendations of CDAC, approved funding allocations for projects and activities for a two year cycle covering both program years 2022-23 and 2023-24, and directed staff to prepare the draft 2022-2023 Annual Action Plan using contingency provisions to make adjustments once the grant award is announced, per HUD’s recommendation; and
WHEREAS, on March 18, 2022, the City posted the draft 2022-2023 Annual Action Plan on the CDBG Program webpage and circulated a notice of public review and public hearing in the Monterey County Weekly; and WHEREAS, the City allowed for a 30-day public review and comment period from March 21, 2022 to April 20, 2022; and
Packet Page 654
WHEREAS, on April 21, 2022, the City held a public hearing and approved the 2022-2023 Annual Action Plan; and
WHEREAS, the 2022-2023 Annual Action Plan encapsulates the third year of the 2020-2024 Consolidated Plan and has been prepared to implement the strategies contained in the Five-Year Consolidated Plan; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Seaside that the 2022-2023 Annual Action Plan for the Community Development Block Grant Program covering the designated periods, marked “Exhibit A” and made a part hereof, is hereby approved with authorization to update according to the contingency provisions, and that the City Manager is hereby authorized to sign the Application for Federal Assistance (SF-424), all certifications, assurances and other documents as may be required by HUD within 60 days after an announcement is made of the Seaside grant award amount by HUD and prior to the deadline of August 16, 2022, whichever is earlier. The 2022-2023 Seaside City Budget should include the actual allocations as well as any previous year’s CDBG funding still available for expenditure via encumberment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 21st day of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ian N. Oglesby, Mayor
ATTEST:

Dominique Davis, City Clerk
Packet Page 655
www.hud.gov espanol.hud.gov
Special Attention of:

All CPD Division Directors
HUD Field Offices
HUD Regional Offices
All CDBG Grantees
All HOME Participating Jurisdictions
All HTF Grantees
All ESG-Grantees
All HOPWA (Formula)-Grantees
NOTICE: CPD-22-05
Issued: March 25, 2022
Expires: August 16, 2022
Cross Reference: 24 CFR Part 91
Subject: Guidance on Submitting Consolidated Plans and Annual Action Plans for Fiscal Year (FY) 2022
Purpose:

The purpose of this Notice is to instruct all Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Housing Trust Fund (HTF), Emergency Solutions Grants (ESG) and Housing Opportunities for Persons With AIDS (HOPWA) formula grantees on the timing of submission of FY 2022 Consolidated Plans and Action Plans. Grantees and HOME participating jurisdictions (PJs) should not submit their Plans until the actual grant amounts have been determined and announced by HUD. In addition, this Notice provides:

1. Instructions to grantees/PJs under each of the above programs regarding the application of a waiver and CPD program flexibility to meet the consolidated planning citizen participation requirements for the submission of FY 2022 Consolidated Plans and Action Plans;

2. Instructions to grantees/PJs under each of these programs regarding costs incurred prior to execution of a grant agreement; and

3. Information for Entitlement CDBG grantees and HOME PJs about waivers being made available to certain grantees/participating jurisdictions to assist in the implementation of the pre-award costs instructions.

These provisions apply equally to grantees’ 3-to 5-year Consolidated Plans as well as to annual Action Plans (either as a stand-alone document or as a component of the overall Consolidated Plan submission).

Packet Page 656
2 Notes regarding applicability:

This Notice uses the term “grantee” generically, to also include HOME PJs, except where the term appears in discussions explicitly limited to one of the other covered funding programs.

Provisions of this Notice covering the Entitlement CDBG program also apply to Insular Areas grantees and CDBG nonentitlement county grantees in Hawaii, as the Entitlement CDBG program regulations also apply to their CDBG funds.

Background:

Pursuant to 24 CFR 91.15(a)(1), each grantee should submit its Consolidated Plan to HUD at least 45 days before the start of its program year. The earliest date on which HUD will accept a Consolidated Plan or Action Plan submission for FY 2022 funding is November 15, 2021; and the latest submission deadline is August 16, 2022. HUD needs time to compute grantees’ allocation amounts for the programs covered by the Consolidated Plan, which will be made available on or around May 13, 2022.

According to 24 CFR 91.500(a), a Plan will be deemed approved 45 days after HUD receives the Plan, unless HUD notifies the jurisdiction before that date that the Plan is disapproved.

In past years, HUD typically did not disapprove a Plan solely because it was based on estimated allocation amounts. As a result, a Plan submitted by a grantee before its allocation amounts were announced typically received automatic approval, even though the Plan did not list the grantee’s actual allocation amounts.

This practice resulted in significant additional work for both HUD and grantees. After the actual allocation amounts were announced, a grantee had to submit a revised, re-signed SF-424 form listing the actual allocation amounts for each of its grants. In many cases, the grantee had to make additional changes to amend its Plan to reflect its actual allocation amounts, which may have triggered a substantial amendment under 24 CFR 91.505, depending on the grantee’s citizen participation plan process. For FY 2022, HUD will not execute a grant agreement with a grantee until HUD has received a Plan (or an amended Plan) which incorporates the actual allocation amounts a grantee is to receive for FY 2022.

Procedures for Submission of FY 2022 Consolidated Plans and Action Plans by Grantees with Early Program Year Start Dates:

HUD is issuing the following procedures to govern the submission and review of Consolidated Plans and Action Plans for FY 2022 funding prior to computation of FY 2022 allocation amounts. These procedures will apply to any grantee whose normal Consolidated Plan/Action Plan submission deadline (45 days before the start of the program year) falls either before, or less than 60 days after, the date HUD announces FY 2022 allocation amounts for CDBG, ESG, HOME and HOPWA funding. (See Section II. for a discussion of the timing of HTF allocations.)
Congress passed HUD’s FY 2022 appropriations in Public Law 117-103, otherwise known as the Consolidated Appropriations Act, 2022. The text is available at https://www.congress.gov/bill/117thPacket Page 657 3 congress/house-bill/2471/text.

Note: These procedures will not apply to grantees whose normal Consolidated Plan/Action Plan submission deadline is more than 60 days after HUD announcement of FY 2022 allocation amounts; those grantees should have sufficient time to revise their Plans to match actual allocation amounts prior to the due date for their Plan.

I. Submission Dates for FY 2022 Consolidated Plans/Action Plans for CDBG, ESG,

HOME, HOPWA
Grantees are advised not to submit their Consolidated Plan/Action Plan until after the FY 2022 allocations have been announced. Grantees due to submit a new 3- to 5-year Consolidated Plan in FY 2022 should refrain from submitting the overall Consolidated Plan as well as the FY 2022 Action Plan contained within the overall document. HUD cannot complete its review of the overall Consolidated Plan components independent of the current year’s Action Plan component.

Once HUD informs grantees of their FY 2022 funding allocation amounts, each grantee should, prior to submission, ensure that the actual FY 2022 allocation amounts are reflected in the form SF424, in the description of resources and objectives, and in the description of activities to be undertaken (or, for states, the method of distribution). It may be necessary for a grantee to revise its Action Plan before submission to HUD.

A grantee whose normal Consolidated Plan/Action Plan submission deadline is less than 60 days from the date that HUD announces FY2022 allocation amounts may delay submission of its Consolidated Plan or Action Plan to HUD until 60 days after the date allocations are announced.

This delay will give a grantee time to revise its Action Plan to incorporate actual allocation amounts, and to conduct any additional citizen participation, if necessary.

For example, if HUD were to announce the FY 2022 allocation amounts to grantees on May 10, 2022:
 For grantees with January 1 - June 1 program year start dates, their normal plan submission date would have been before the date that HUD announced allocation amounts. These grantees would be able to postpone submission of their Consolidated Plan/Action Plan until July 11, 2022.
 For grantees with July 1 and August 1 program year start dates, their normal Plan submission date would be less than 60 days after HUD’s announcement of allocation amounts. These grantees would also be able to postpone submission of their Consolidated Plan/Action Plan until July 11, 2022.
 Grantees with September 1 - October 1 program year start dates would have more than 60 days between the date of announcement of allocations and the normal submission deadline for their Consolidated Plan/Action Plan. These grantees would be expected to submit their Plan on time.

Under no circumstances, however, may a Consolidated Plan/Action Plan be submitted to Packet Page 658
4 HUD later than August 16, 2022. Failure to submit an Action Plan for FY 2022 by August 16, 2022, will result in the automatic loss of FY 2022 CDBG funds to the grantee. This requirement is established by statute, and HUD cannot waive the August 16 submission deadline. Funding under other CPD formula programs are not subject to this deadline but, since virtually all CPD formula grantees receive CDBG funding, the CDBG submission requirement effectively establishes the deadline for submission of Action Plans.

The regulations, at 24 CFR 91.15(a)(1), state that “…each jurisdiction should submit its Consolidated Plan at least 45 days before the start of its program year.” HUD has determined that it is not necessary to waive this provision in order to implement the procedures in this Notice for FY 2022 Action Plans. This provision does not prohibit a grantee from submitting a Plan in the eCon Planning Suite after that time. It is not necessary for an affected grantee to request an exception to its normal Action Plan submission date under 24 CFR 91.15(a)(1), nor is it necessary for a field office to grant an exception to the Action Plan submission deadlines, under 24 CFR 91.20, in order to implement the procedures in this Notice.

II. Submission Process for the Housing Trust Fund (HTF) Program HTF is an affordable housing production program to increase and preserve the supply of decent, safe, and sanitary affordable housing for extremely low-income and very low-income families. See 24 CFR part 93. HTF is a formula grant program for states, as defined in 24 CFR part

93. The HTF regulation at 24 CFR 93.100 requires each state to include its HTF allocation plan in its consolidated plan submissions, in accordance with 24 CFR part 91. 24 CFR 91.320(k)(5) requires that this information be provided in an HTF grantee’s annual Action Plan. 24 CFR

91.320(k)(5) provides the requirements for the HTF allocation plan, including that the plan describes the method for the distribution of the HTF funds, and establishes the application requirements and criteria for selecting applications. 24 CFR 91.220(l)(5) also requires a local jurisdiction that receives a subgrant of HTF funds from the state to include a HTF allocation plan in its annual Action Plan that describes the distribution of the HTF funds, and establishes the application requirements and the criteria for selection of applications submitted by eligible recipients that meet the jurisdiction's priority housing needs., Due to the timing of the publication of HTF allocations and the selection process of HTF grantees, the local jurisdiction may need to amend its annual Action Plan to include an HTF allocation plan.

The timing of the HTF allocations is different from other CPD formula programs (CDBG, HOME, HOPWA, and ESG) because the source of funding is through mandatory set-aside amounts from the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac) rather than Federal appropriations. The earliest HUD expects to publish the HTF allocations is April 2022. If HTF allocations are not published before a state submits its Consolidated Plan/Action Plan, a state may submit its Consolidated Plan/Action Plan for the other CPD formula programs, then submit its HTF allocation plan as a substantial amendment to its annual Action Plan after the HTF allocations are published.

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5 III. HUD Review of Consolidated Plans/Action Plans
HUD will review a Consolidated Plan/Action Plan in accordance with 24 CFR 91.500(b).

The 45-day review period will begin whenever the eCon Planning Suite submission or original executed SF-424, certifications and applicable assurances (SF 424B and SF 424D, as applicable) are received by the field office, whichever is later. HUD will disapprove as substantially incomplete any Consolidated Plan or Action Plan covering FY 2022 funding that does not reflect actual CDBG, HOME, ESG and HOPWA allocation amounts on the form SF-424(s), in the description of resources and objectives, and in the description of activities to be undertaken (or, for states, the method of distribution). A grantee whose Action Plan is disapproved for this reason is advised to resubmit a revised Plan after HUD has announced the actual FY 2022 allocation amounts, and after the grantee has incorporated the actual allocation amounts into its Plan. The HTF allocation must be included if the HTF allocations are published before the grantee submits its Consolidated Plan or Action Plan. (See Section II.).
24 CFR 91.500(b) states that HUD may disapprove a Plan or a portion of a Plan if it is inconsistent with the purpose of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12703), if it is substantially incomplete, or, in the case of a CDBG certification under §91.225(a) and (b) or §91.325(a) and (b), if it is not satisfactory to the Secretary in accordance with §570.304, §570.429(g), or §570.485(c). The following are examples provided in §91.500(b) of substantially incomplete Plans:
(1) A Plan developed without the required citizen participation or the required consultation;
(2) A Plan that fails to satisfy all the required elements in 24 CFR Part 91, as reflected in the eCon Planning Suite. This includes when the grantee has not provided a final statement of community development objectives and the projected use of funds; (3) A Plan for which a certification is rejected by HUD as inaccurate, after HUD has inspected the evidence and provided due notice and opportunity for comment; and (4) A Plan without a description of the manner in which the unit of general local government or state will provide financial or other assistance to a public housing agency if the public housing agency is designated by HUD as “troubled.” 24 CFR 91.500(d) states that “(t)he jurisdiction may revise or resubmit a Plan within 45 days after the first notification of disapproval.” HUD has determined that it is not necessary to waive this provision in order to implement the procedures in this Notice for FY 2022 Consolidated Plans/Action Plans. This provision does not prohibit a grantee from re-submitting a Plan after that time period.
24 CFR 91.105(c), 91.115(c) and 91.505 require a grantee to comply with citizen participation requirements when it undertakes a substantial amendment to an approved Plan. A Plan that has been disapproved by HUD is, by definition, not an approved Plan. When a grantee’s Plan is disapproved by HUD, the Consolidated Plan regulations do not require a grantee to undertake further citizen participation on the changes the grantee makes before re-submitting the Plan. A major exception to this, however, would be if the reason for disapproval involved the grantee’s failure to fulfill citizen participation requirements. 24 CFR 91.500(b) identifies a plan that was Packet Page 660
6 developed without the required citizen participation or the required consultation as an example of a consolidated plan that is considered substantially incomplete. However, as noted in this Notice, there are circumstances in which a grantee may need to make major revisions to a disapproved Plan, which could trigger further citizen participation efforts. A grantee with a disapproved Plan should review its citizen participation plan and local policies to determine whether it will need to conduct further citizen participation as a result of the changes it makes to incorporate actual allocation amounts into its Plan, prior to re-submission of the revised Plan.

IV. Development of Proposed Action Plans and Citizen Participation During the Interim When electing to use the waiver of citizen participation requirements provided in Attachment A, a grantee has several options regarding fulfilling its citizen participation obligations while waiting for HUD to announce FY 2022 allocation amounts:
a. A grantee may conduct citizen participation on its draft Plan (with estimated funding amounts) according to its normal timetable and citizen participation procedures. The waiver set forth in Attachment A of this Notice provides that for as long as national or local health authorities recommend social distancing and limiting public gatherings for public health reasons, a grantee may hold virtual public hearings in lieu of in-person public hearings to meet its citizen participation requirements for the development of its FY 2022 Consolidated Plan, Annual Action Plan, and any substantial amendments thereto or to prior year plans. Consultation requirements outlined at 24 CFR 91.100 require grantees to consult with organizations that represent protected class members, organizations that enforce fair housing laws, as well as PHAs. Fair housing requirements cannot be waived.

HUD cautions grantees that the expedited citizen participation procedures detailed in Federal Register Notice FR-6218-N-01, Program Rules, Waivers, and Alternative Requirements Under the CARES Act for Community Development Block Grant Program Coronavirus Response Grants, Fiscal Year 2019 and 2020 Community Development Block Grants, and for Other Formula Programs, and elsewhere have not been included in this waiver. Citizens must be given 30 days to comment on the FY 2022 Consolidated Plans, Action Plans and substantial amendments to those Plans.

A grantee pursuing this option should make clear that the funding levels shown in the draft Plan are estimated amounts. In addition, the grantee should include “contingency provision” language in its Action Plan which explains how it will adjust its proposed Plan to match its actual allocation amounts, once actual amounts become known. By including such contingency language, a grantee can avoid the need to make significant revisions to its Plan (beyond incorporating the final allocation amounts into the Plan and the SF-424 form).

The grantee may also avoid the potential need to conduct additional citizen participation on a Plan that has to be significantly revised in order to reflect actual allocation amounts.

Examples of contingency provisions include:
 A Plan could state that all proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.

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7  A grantee could express its budget in terms of percentages of the allocation to be budgeted to each planned activity, along with the grantee’s current estimate of how many dollars that equates to for each activity. [For example, regardless of what the final allocation amounts are, the United Interfaith Street Outreach Program will receive 22 percent (currently estimated to be approximately $38,000) of the grantee’s total ESG allocation, and the Tenant-Based Rental Assistance activity will receive 10 percent (currently estimated to be about $68,750) of the HOME allocation.]  A Plan could state that any increase or decrease in funding to match actual allocation amounts will be applied to one or more specific activities (e.g., any increase or decrease relative to the grantee’s estimated allocation amount will be applied to the single-family housing rehabilitation grant program).
 A Plan could list its proposed activities in priority order and indicate that the East Side Sidewalk Replacement activity listed in the plan is a “backup” activity that will be funded only if sufficient CDBG funding exists; or conversely, if the grantee’s actual allocation is less than estimated, the East Side Sidewalk Replacement activity will not be funded in FY 2022.
 A Plan could state that, should the actual allocation amount exceed the grantee’s estimate, the grantee will increase the Uptown Sewer Separation activity budget and will extend the service area block-by-block along the 600-900 blocks of Cherry Street, based on the amount of additional funding available.

A grantee may include these or other comparable provisions singly or in any combination to meet its needs. A grantee may adopt a different contingency approach for each of the programs covered by this Notice (CDBG, ESG, HOME, HOPWA and HTF). b. Alternatively, a grantee may prepare a proposed Action Plan according to its normal timetable, but wait until actual allocation amounts are known before undertaking citizen participation actions. As noted and set forth in the attached waiver memorandum (ATTACHMENT A), for as long as national or local health authorities recommend social distancing and limiting public gatherings for public health reasons, CDBG, ESG, HOME, HTF, and HOPWA grantees, and units of general local government receiving CDBG funds from state or insular area CDBG grantees may hold virtual public hearings in lieu of in-person public hearings to meet citizen participation requirements. Once allocation amounts are announced by HUD, the grantee will need to update relevant sections of its Plan (such as the listings of resources and objectives, and the description of activities or the state’s method of distribution) to reflect actual allocation amounts before conducting citizen participation. All grantees intending to incur pre-award costs under the programs covered by this Notice should be aware that this option will not be available to them, as citizen participation requirements must be met before pre-award costs are incurred. (See Section V. below.)
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8 HUD has developed these procedures to minimize disruption to grantees and to minimize duplication of effort by grantees. A grantee that does not follow either option a. or b. above (i.e., the grantee undertakes citizen participation according to its normal timetable, based solely on estimated funding levels, and the Plan does not contain any contingency language on how the final Plan will be adjusted to match actual allocation amounts) runs the risk of increasing its own work obligations and costs. The grantee will still be required to update its Plan to incorporate actual allocation amounts before submission to HUD. Depending on the requirements contained within the grantee’s citizen participation plan, the grantee may need to undertake additional publication and citizen participation processes based on the difference between its actual allocation amounts and the estimated amounts in its proposed Action Plan, and based on how the grantee plans to adjust its proposed activities in order to match its actual allocation amounts. Local policies and procedures may also require the grantee to obtain re-approval of the revised Plan from its legislative body or authorizing officials.

A draft Plan that has not yet been submitted to HUD is not an approved Plan. A draft Plan must be revised in accordance with the grantee’s citizen participation requirements, which may not be the same as a grantee’s citizen participation requirements for a substantial amendment to an approved Plan. A grantee that delays its Plan submission should review its citizen participation plan and local policies to determine whether it will need to conduct further citizen participation as a result of the changes it makes to incorporate actual allocation amounts into its Plan, prior to its submission.

States and Entitlement communities that also administer CDBG disaster recovery (CDBGDR) and CDBG mitigation (CDBG-MIT) grants are advised to consult the applicable Federal Register notices that require the incorporation of these grants into Consolidated Plans within a specified period following the award of these grants. Grantees should consult guidance on this process here: https://www.hud.gov/program_offices/comm_planning/cdbg-dr/news/consolidatedplan-updates-2022-02 V. Pre-Award Costs
A. General Provisions Applicable to All Consolidated Plan Programs Special attention must be paid to situations in which a grantee wishes to incur costs prior to grant award. For example, under certain programs, a grantee may want to execute annual renewals of agreements with social service providers in order to prevent interruption of social services. The annual performance cycle of these agreements might normally begin after the grantee’s official program year start date but, under this Notice the grantee cannot even submit its Action Plan until after the date that the agreements need to be executed. Thus, the timing instructions in this Notice may cause some program costs to be classified as pre-award costs where they would otherwise not have been.

The government-wide Uniform Administrative Requirements, Cost Principles and Audit Requirements regulation, at 2 CFR Part 200, contains language concerning agency approval of preaward costs. The language at 2 CFR 200.458 applies to any program that does not have its own separate provisions concerning authorization of pre-award costs:

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9 § 200.458. Pre-award costs. Pre-award costs are those incurred prior to the effective date of the Federal award or subaward directly pursuant to the negotiation and in anticipation of the Federal award where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the Federal award and only with the written approval of the Federal awarding agency. If charged to the award, these costs must be charged to the initial budget period of the award, unless otherwise specified by the Federal awarding agency or pass-through entity.

The ESG, HOPWA and HTF program regulations do not contain program-specific language establishing pre-award cost requirements for those programs; the CDBG and HOME program regulations do contain pre-award cost requirements unique to those programs. (However, the HOME requirements apply only to certain types of pre-award costs.) The following guidance applies to all five programs. Additionally, guidance unique to each separate program is provided below.

The Part 91 Consolidated Plan regulations make distinctions between a “proposed Plan” and “a Plan.” Most notably, 24 CFR 91.105(b) and 91.115(b) describe the citizen participation requirements for a grantee’s proposed Plan. For purposes of this Notice regarding pre-award costs, HUD considers a grantee’s Plan to have moved from being “a proposed Plan” to being “a Plan” once a grantee has completed the publication, public hearing and public comment requirements at 24 CFR 91.105(b)(2), (3) and (4) or 91.115(b)(2), (3) and (4), and has developed its written summary of comments received pursuant to 24 CFR 91.105(b)(5) or 91.115(b)(5).

To minimize additional workload on grantees and HUD field offices, this Notice establishes the following procedures implementing the 2 CFR 200.458 requirements cited above. This Notice provides conditional HUD approval of pre-award costs, contingent on the availability, requirements, and authorized uses of FY 2022 appropriations, if and when the following actions have been completed and documented by the grantee:

1. The grantee documents that the costs incurred prior to grant award are necessary for efficient and timely performance of the activity in question.

2. The grantee documents that the costs are for eligible activities under the regulations for the applicable funding program;

3. The grantee documents that it has complied with all other requirements for pre-award costs under the regulations for the applicable funding program or as described below;

4. The activity for which costs will be incurred is included in a Consolidated Plan/Action Plan;

5. The grantee documents completion of its citizen participation process by including in its files a written, dated summary of citizen participation comments received on its Plan, pursuant to 24 CFR 91.105(b)(5) or 91.115(b)(5) as applicable; Packet Page 664
10 For CDBG, HOME, ESG, and HOPWA grantees, before committing to use funds to reimburse each pre-award cost, the recipient must either make a written determination that the preaward cost is for an activity that is exempt from environmental review or categorically excluded and not subject to review under related environmental laws and authorities under 24 CFR part 58 or verify that the applicable environmental review has been completed and a Request for Release of Funds has been approved in accordance with 24 CFR Part 58, if applicable. Environmental regulations at 24 CFR 58.22 prohibit recipients and any other participant in the development process from committing HUD or non-HUD funds to a project until the environmental compliance review process has been successfully completed or until receipt of the Authority to Use Grant Funds, if applicable. In addition, until the environmental compliance review process has been successfully completed or until receipt of the Authority to Use Grant Funds, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity or project if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives. Until the environmental review process is complete, neither federal nor nonfederal funds will be expended or committed to a project to be assisted under these funding programs
If the grantee’s files contain all other necessary documentation supporting the costs (described below for each program), the date of HUD approval for pre-award costs is the date of the written summary of citizen participation comments, or the grantee’s program year start date, whichever is later.

Note: Pre-award costs are incurred at the grantee’s own risk because reimbursement is contingent upon the availability of appropriated funds for FY 2022 in addition to the applicable conditions in this Notice. Any commitments or expenditures incurred by the grantee in excess of the funds provided by the grant and authorized under the applicable FY2022 appropriations law would be the responsibility of the grantee to pay out of nonfederal funds.

B. Specific Provisions: Entitlement CDBG Program
The Entitlement CDBG program regulations specify, at 24 CFR 570.200(h), the situations under which a grantee may be reimbursed for costs incurred prior to the effective date of its grant agreement. The provisions of this Notice will affect how grantees comply with the pre-award cost reimbursement requirements.

1. 24 CFR 570.200(h) defines the effective date of a grantee’s agreement as the grantee’s program year start date or the date that the Consolidated Plan/Action Plan is received by HUD (whichever is later). Under the provisions of this Notice, a grantee’s Plan may not be submitted to (and thus received by) HUD until several months after the grantee’s program year start date. This may negatively affect grantees’ ability to incur pre-award costs.

Therefore, to assist affected grantees with pre-award costs, HUD has waived 24 CFR 570.200(h) in accordance with the attached memorandum (ATTACHMENT B) to Packet Page 665
11 allow the effective date of a grantee’s FY 2022 grant agreement to be the earlier of the grantee’s program year start date or the date that the Consolidated Plan/Action Plan (with actual allocation amounts) is received by HUD. This waiver is applicable to any Entitlement CDBG grantee seeking to incur pre-award costs, whose Action Plan submission is delayed past the normal submission date in accordance with the terms of this Notice. An affected community applying this waiver shall document in writing the conditions giving rise to the need to use this waiver, and maintain the documentation for HUD’s review. Grantees’ authority to make use of this waiver is only in effect until August 16, 2022, as that is the last date that a grantee may submit its FY 2022 Action Plan.

2. 24 CFR 570.200(h)(1)(i) requires that the activity for which the costs will be incurred must be included in a Consolidated Plan/Action Plan prior to the costs being incurred; grantee compliance with steps 4 and 5 under the general pre-award cost provisions stated in paragraph V.A. above will meet that requirement. However, grantees must also comply with §570.200(h)(1)(ii), which further specifies that the Plan must advise citizens of the extent to which the pre-award costs will affect future grants. CDBG grantees intending to incur pre-award costs are cautioned that option b. described in Section IV above is not likely to be a feasible alternative for them. HUD advises any Entitlement CDBG grantee intending to incur pre-award costs to follow the process described in Section IV. a. above; in doing so, the grantee will need to ensure that it has met the citizen participation and notification requirements above.

3. Pursuant to § 570.200(h)(1)(iii) and § 570.604, the costs and corresponding activities must comply with the environmental review requirements at 24 CFR Part 58.

C. Specific Provisions: HOME Program
The HOME regulations specify situations under which a grantee may be reimbursed for costs incurred prior to the effective date of its grant agreement. The provisions of this Notice will affect how grantees comply with the pre-award cost reimbursement requirements.

1. 24 CFR 92.212(b) defines the effective date for incurring administrative and planning costs to be charged to the HOME allocation as the beginning of the PJ’s consolidated program year or the date that the Consolidated Plan is received by HUD (whichever is later). In order to account for the delay in Federal appropriations, this Notice allows impacted PJs to postpone the submission of their Action Plans until several months after their program year start dates. This may negatively affect a PJ’s ability to incur planning and administrative pre-award costs. Therefore, HUD has waived 24 CFR

92.212(b) to the extent necessary to permit eligible pre-award costs to be incurred as of the beginning of the program year or the date the consolidated plan describing the HOME allocation to which the costs will be charged is received by HUD, whichever is earlier.

2. Attachment B contains the HUD memorandum authorizing this waiver. This waiver is applicable to any HOME PJ seeking to incur pre-award administrative and planning Packet Page 666
12 costs, whose Action Plan submission is delayed past the normal submission date because of the delayed enactment of FY 2022 appropriations for the Department. An affected PJ applying this waiver shall document in writing the conditions giving rise to the need to use this waiver, and maintain the documentation for HUD’s review. A PJ’s authority to make use of this waiver is only in effect until August 16, 2022, as that is the last date that a grantee may submit its FY 2022 Action Plan.

3. Pursuant to 24 CFR 92.212(a) and 24 CFR 92.352, the costs and corresponding activities must comply with HOME requirements, including the environmental review requirements at 24 CFR Part 58.

D. Additional Provisions: ESG Program
An ESG grantee may be reimbursed for costs incurred before the Period of Performance of its FY 2022 grant, subject to the general conditions described in Section V.A., above, plus the following conditions:

1. The costs and corresponding activities must comply with the ESG Program regulations at 24 CFR Part 576.

2. The costs and corresponding activities must comply with environmental review requirements. In accordance with these requirements and section 100261(3) of the MAP-21 Act, 24 CFR 576.407(d) does not apply. Recipients assume environmental review responsibilities under 24 CFR Part 58.

E. Additional Provisions: HOPWA Program
A HOPWA formula grantee may be reimbursed for costs incurred before the Period of Performance of its FY 2022 grant, subject to the general conditions described in Section V.A., above, plus the following conditions:

1. The costs are incurred for eligible activities undertaken in accordance with HOPWA program regulations at 24 CFR Part 574.

2. The costs and corresponding activities must comply with environmental review requirements at 24 CFR 574.510 and 24 CFR Part 58.

F. Additional Provisions: HTF Program
HTF grantees may be reimbursed for pre-award costs permitted under 2 CFR 200.458 for planning activities and preparation of the HTF allocation plan. Eligible pre-award costs may include the cost of public hearings, consultations, and publication of public notices, as well as developing program guidelines. Such costs must be necessary for efficient and timely performance of the HTF program. Pre-award costs may not exceed 5 percent of the minimum statutory allocation amount of $3 million. The costs and corresponding activities must comply with all HTF requirements, including environmental review requirements at 24 CFR 93.301(f).

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13 VI. Applicability of This Notice to Future Years
This Notice applies only to Consolidated Plans/Action Plans submitted for FY 2022 funding. HUD anticipates revising the Consolidated Plan regulations (and other related regulations) to explicitly include, as a basis for disapproval of a Plan, that a Plan does not contain and reflect a grantee’s actual allocation amount. For further information on potential rulemaking in this area, see HUD’s June 3, 2015, Federal Register Notice (80 FR 31538). That document solicited public comments on possible amendments to the Consolidated Plan regulations and the CDBG Entitlement regulations to effect such a change. See in particular Sections II.B.1., II.B.2 and II.B.7 of the Notice, pages 31544 and 31546. (Please note, however, that the public comment period for that Federal Register Notice has closed.)
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14 For further information:

Grantees with questions concerning this Notice should direct their inquiries to their local HUD Field Office Community Planning and Development Division. Field Offices should direct their questions to the following Headquarters program offices as applicable:

Office of Block Grant Assistance at (202) 708-1577 for the Entitlement CDBG program or (202) 708-1322 for the State CDBG program
Office of Affordable Housing Programs at (202) 708-2684 Office of Special Needs Assistance Programs at (202) 708-4300 Office of HIV/AIDS Housing at (202) 708-1934 or at [email protected]

ATTACHMENT A
Waiver of Community Planning and Development (CPD) Grant Program and Consolidated Plan Requirements to Allow for Virtual Public Hearings in the Preparation of FY 2022 Consolidated Plans and Annual Action Plans

ATTACHMENT B
Availability of Waivers of Community Planning and Development Grant Program Requirements to Facilitate the Ability to Incur Pre-Award Costs in FY 2022 Packet Page 669

CITY OF SEASIDE

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
DRAFT 2022-2023 ANNUAL ACTION PLAN
Public Comment Period: March 21 – April 20, 2022
Submit Comments to [email protected]
Prepared by:

Community Development Department
440 Harcourt Ave, Seaside, CA 93955
(831) 899-6726
Packet Page 670
FY2022-2023 Annual Action Plan City of Seaside 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Table of Contents
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ...........................................3 PR-05 Lead & Responsible Agencies – 91.200(b).........................................................7 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)......................................................8 AP-12 Participation – 91.105, 91.200(c) ...................................................................20 AP-15 Expected Resources – 91.220(c)(1,2) .............................................................37 AP-20 Annual Goals and Objectives ..........................................................................39 AP-35 Projects – 91.220(d)......................................................................................41 AP-38 Project Summary...........................................................................................42 AP-50 Geographic Distribution – 91.220(f)................................................................47 AP-55 Affordable Housing – 91.220(g) .....................................................................48 AP-60 Public Housing – 91.220(h)............................................................................49 AP-65 Homeless and Other Special Needs Activities – 91.220(i) .................................50 AP-75 Barriers to affordable housing – 91.220(j).......................................................54 AP-85 Other Actions – 91.220(k)..............................................................................55 AP-90 Program Specific Requirements – 91.220(l)(1,2,4)...........................................58 Packet Page 671
FY2022-2023 Annual Action Plan City of Seaside 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
On May 21, 2020, the Seaside City Council adopted its Five-Year 2020-2024 Consolidated Plan, which described the City’s housing and community development needs, strategies and activities to address those needs over a five-year period using entitlement grant funds provided by the U.S. Department of Housing and Urban Development (HUD). The 2022-2023 Annual Action Plan, which covers the period of July 1, 2022 through June 30, 2023, encapsulates the third year of the 2020–2024 Consolidated Plan. The 2022-2023 Annual Action Plan for the City of Seaside satisfies federal requirements to receive Community Development Block Grant (CDBG) funds from HUD for program year 2022-2023.

The City anticipates receiving approximately $375,000 per fiscal year in CDBG funds from the U.S. Department of Housing and Urban Development (HUD). This allocation amount is estimated based on the prior year CDBG allocation. The City also anticipates receiving approximately $105,000 in program income per fiscal year, which will be available for allocation to CDBG activities.

The CDBG program operates under a two-year funding request cycle. This funding cycle represents the City’s third and fourth operating year of the 2020-24 Consolidated Plan. A Notice of Funding Availability (NOFA) was issued on December 1, 2021, to solicit applications for awards of CDBG funds for fiscal years 2022-2023 and 2023-2024. The NOFA was also published in the Monterey County Weekly on November 25, 2021. A mandatory pre-proposal conference was also conducted on December 10, 2021, to assist applicants with program regulations and project eligibility questions.

In response to the 2022-24 NOFA, the City received 6 public service and 6 public facilities and infrastructure project applications. Following CDBG staff screening of applications, the City’s Community Development Advisory Committee (CDAC) held four (4) separate meetings to review and discuss received applications and recommend funding allocations to the City Council. On March 17, 2022, the City of Seaside City Council met to receive CDAC funding recommendations for FY2022-23 and approved funding allocations as follows:

Public Facilities and Infrastructure
1 Boys and Girls Club Gymnasium improvements $50,000
2 Community Human Services Genesis House improvements $40,000 3 City of Seaside, Engineering Department Cutino Park improvements $250,000 Subtotal $340,000
Public Services (capped at 15%)
1 Legal Services for Seniors Legal services for seniors $13,152 2 Greater Victory Temple After school tutoring program $13,152 3 Girls Inc of Central Coast Youth services $13,152
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4 Meals On Wheels of Monterey Peninsula Home delivered meals program $13,152 5 Gathering for Women Monterey Case management $10,000
6 Eden Council for Hope and Opportunity Fair housing services $9,390 Subtotal $71,998
CDBG Program Planning and Administration (capped at 20%) 1 City of Seaside CDBG Planning and Administration $68,002 Grant Total $480,000

CONTINGENCY PLAN
The City will follow the following contingency plan in the event of a decrease or increase in actual CDBG allocation:

1. Public Services: In the event of a decrease or increase in the CDBG allocation, the City will maintain the current approved amount of funding for Eden Council of Hope and Opportunity and Gathering for Women, and will proportionally increase or decrease budgets of the Greater Victory Temple, Legal Services for Seniors, Meals on Wheels of Monterey Peninsula, and Girls Inc of the Central Coastal.

The total amount of funding for public service activities shall not exceed 15% of the actual allocation plus prior year program income.

2. Public Facilities and Infrastructure: In the event of a substantial decrease (i.e. $30,000 or more than what is estimated) in actual CDBG allocation, the City will proportionately decrease the amounts for the three approved public facilities and infrastructure projects.

If the actual CDBG allocation is less than $30,000 from the estimated amount, or if the actual allocation comes in higher than what is estimated, the City will maintain the CityCouncil approved funding allocations, which are as follows:
a. $250,000 per year to the City of Seaside Engineering Department for the Cutio Park improvement project;
b. $40,000 per year to Community Human Services for the Genisis House facility improvements; and
c. $50,000 per year to the Boys and Girls Club of Monterey County for the Seaside Clubhouse improvements.

3. CDBG Program Administration and Planning: CDBG program administration budget will be proportionally adjusted in the event of a decrease or increase in actual allocation.

The total amount of funding for program administration shall not exceed 20% of the actual allocation plus current year program income.

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2. Summarize the objectives and outcomes identified in the Plan The five-year CDBG program objectives identified in the 2020-2024 Consolidated Plan are summarized below. FY2022-23 objectives and outcomes are described in the “Annual Goals and Objectives” section of this document.
• Access to community and social services
• Improve accessibility to persons with disabilities
• Provide quality facilities and infrastructure
• Promote beautification
• Assist microbusinesses
• Prevent, prepare for, and respond to the coronavirus pandemic

3. Evaluation of past performance
Each year, the City is required to submit a Consolidated Annual Performance Evaluation Report (CAPER) to HUD, which reports on the activities that were funded with CDBG funds. The CAPER reports the amount spent on each project activity and the number of beneficiaries assisted. The City has submitted the required reports each year, and HUD has accepted the reports each year. The City of Seaside evaluates past performance and makes adjustments as needed to better serve the needs of the community. Additionally, all projects funded with CDBG funds are subject to annual monitoring to ensure compliance with HUD standards.

In Program Year 2020, the City of Seaside received $339,715 in CDBG allocation, $135,512 in program income, $199,874 in CDBG-CV1 allocation (first Coronavirus Response allocation), and $360,289 in CDBG-CV3 allocation (third Coronavirus Response allocation) for a total of $1,035,390. During FY2020-21, the City expended $613,588.10, which benefitted over 15,000 low and moderate-income seaside residents.

In Program Year 2021, the City of Seaside received $378,038 in CDBG allocation and $104,507 in program income. During FY2020-21, the consistent with the strategic goals and priorities of the 2020-2024 Consolidated Plan and the 2021-22 Annual Action Plan (AAP), the City carefully evaluated and determined its community and housing needs. The City has collaborated with local non-profits to carry out various projects and activities, which will benefit a large number of low- and moderate-income Seaside residents. A summary of the FY2021-22 activities and accomplishments will be included in the FY2021-22 CAPER.

Both FY2020-21 and FY2021-22 were of new insights, significant adjustments, skill building, and organizational improvements for the City and its subrecipients. Despite the disruption of the COVID pandemic and its devastating impact on our community, the City and its subrecipients continued to serve Seaside residents through innovative programming and activities. While some subrecipients were able to pivot their approach to virtual platforms to deliver their programs, others continued their activities in-person while following CDC guidelines.

4. Summary of Citizen Participation Process and consultation process Packet Page 674
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The City of Seaside has embraced a comprehensive Citizen Participation and consultation process that includes broad participation from the community. At each step in the process, the City ensures that low-and-moderate-income residents, members of minority groups, agencies involved in the provision of services to these populations, and others who are directly impacted by the programs and projects supported by the Consolidated Plan programs are actively involved. The Community and Economic Development Department staff conducted extensive outreach to engage a wide range of agencies, groups, organizations, and residents in the process of developing the 2020-2024 Five-Year Consolidated Plan and the 2022-24 funding cycle. This process included widespread public participation and input through postcards, workshops, community meetings, and public hearings. A comprehensive narrative and timeline of the Citizen Participation and Consultation processes are described in the subsequent sections of the document.

A draft of the 2022-2023 Annual Action Plan was publicized and made available for public comment for a 30-day public comment period that began on March 21, 2022 and will conclude on April 20, 2022. A public notice (in English and Spanish) was also circulated in the Monterey County Weekly to inform the public regarding the proposed 2022-23 Annual Action Plan, the corresponding public review period, and City Council public hearing. The City will accept and consider all comments and submit to HUD. A summary of the public comments will be included in this document after the 30-day public review period has concluded.

5. Summary of public comments
This section will be completed once the 30-day public review period has concluded.

6. Summary of comments or views not accepted and the reasons for not accepting them
This section will be completed once the 30-day public review period has concluded.

7. Summary
Each year, the City of Seaside is required to prepare an Annual Action Plan specifying how resources will be allocated to address the priorities established in the Consolidated Plan. The 2022-2023 Annual Action Plan addresses three Strategic Plan Goals from the 2020-2024 Consolidated Plan by allocating approximately $480,000 of CDBG funds to projects and activities to be implemented from July 1, 2022 to June 30, 2023.

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Grantee City of Seaside Community Development
Table 1 – Responsible Agencies
Narrative (optional)
The City of Seaside Community Development division serves as the lead agency for the administration of CDBG funds.

Consolidated Plan Public Contact Information
Haroon Noori, Administrative Analyst II
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
(831) 899-6726
[email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
In the process of developing the 2020-2024 Consolidated Plan and processing the 2022-2024 funding cycle applications, the City of Seaside worked with the Coalition of Homeless Services Providers (Monterey County’s designated Continuum of Care (CoC) lead agency), the Monterey County Housing Authority Development Corporation (HDC), housing and service providers, and other local jurisdictions.

A comprehensive Notice of Funding Availability (NOFA) was issued on December 1, 2021, to solicit applications for awards of CDBG funds for fiscal years 2022-2023 and 2023-2024. The NOFA was also published in the Monterey County Weekly on November 25, 2021. A mandatory pre-proposal conference was also conducted on December 10, 2021, to assist applicants with program regulations and project eligibility questions.

The City of Seaside will accept comments on the proposed 2021-2022 Annual Action Plan during a 30-day public comment period as well as at a public City Council hearing on April 21, 2022.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of Seaside works collaboratively in all of its housing and community development efforts with other local governments, nonprofits, advocacy groups, and citizens. This collaboration takes place through the City’s cooperation with the Monterey County Continuum of Care (CoC) lead agency Coalition of Homeless Services Providers (CHSP), planning processes such as the City’s Housing Element and Consolidated Plan, and the CoC 10-Year Strategy to End Homelessness. Additionally, the City consulted a variety of agencies, including local and regional nonprofits, government organizations, faith-based organizations, and other organizations involved in the development of affordable housing, creation of job opportunities for low- and moderate-income residents, and/or provision of services to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. To facilitate this consultation, the City solicited feedback through the following methods:
• Individual stakeholder consultations
• Community meetings
• Public hearings
• Receipt of written comments
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, Packet Page 677
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families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City also intends to strengthen its collaboration with the Coalition of Homeless Services Providers (CHSP), which is the primary nonprofit organization for homeless support in Monterey and San Benito Counties. CHSP is a coalition of 11 service provider agencies for homeless persons, persons with AIDS/HIV, and other persons with special needs. The Coalition is the County’s designated Continuum of Care (CoC) Coordinator.

Additionally, the City has established a Homeless Commission to devise strategies and priority actions to expand homeless services and provide supportive housing opportunities to elderly persons, disabled veterans, and other persons with special needs. Some of the specific strategies the City’s Homeless Commission and City staff have implemented include:
 Collaborative engagement with homeless persons during outreach efforts and campaigns to assess needs
o Encampments, Mobile Crisis Response, Vaccine Clinics, Food Distribution Sites  Participation in local and County meetings in which some homeless individuals attend for opportunities to advocate for needs if accessibility is possible The City continues its partnership with the Community Human Services and Veterans Transition Center, which provide transitional and permanent housing to homeless. Additionally, the City recruited a full time Family & Community Support Practitioner who seeks out homeless individuals and families to provide outreach services, which include connecting clients with immediate resources such as mental health services, general health services, substance abuse services, income services, identification documents and other documents necessary to help homeless persons meet the ultimate goal of finding shelter and housing.

In program year 2022, the City will provide public service funding to Gathering for Women for case management. Gathering for Women provides homeless women with supportive resources and a caring community.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Seaside does not receive ESG funds from HUD. The City relies on the County of Monterey and nonprofit groups to perform these social service functions.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Community Partnership for Youth Agency/Group/Organization Type Services-Children
What section of the Plan was
addressed by Consultation?
Homeless Needs - Families with children
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Community Partnership for Youth (CPY) was
consulted to understand the needs of children
and youth in Seaside. This included an estimate
of the number of youth in need of services. The
City will strive to work with CPY to make afterschool enrichment programs available for children and youth. CPY has participated in the
CDAC's Community Needs Workshop and NOFA
potential applicant meetings
2 Agency/Group/Organization Salvation Army Monterey Peninsula Corps Agency/Group/Organization Type Services-Victims of Domestic Violence Services-homeless
Regional organization
What section of the Plan was
addressed by Consultation?
Homelessness Strategy
Homeless Needs - Families with children
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Salvation Army was consulted to understand
the needs of their transitional housing program
in Seaside and services they provide. This
included an estimate of the number of families in
need of services including financial counseling.

The Salvation Army has participated in the
CDAC's Community Needs Workshop and NOFA
potential applicant meetings. They are a
previous Seaside CDBG subrecipient and did not
apply for funding for the upcoming AAP cycle.
3 Agency/Group/Organization ACTION COUNCIL OF MONTEREY COUNTY Agency/Group/Organization Type Services-Children
Services-Education
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
Market Analysis
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Action Council of Monterey County/Palenke
Arts program was consulted to understand the
needs of children and youth in Seaside. This
included an estimate of the number of youth in
need of services provided in their multi-cultural
arts programs . The City will strive to work with
Palenke Arts to make after-school enrichment
programs available for children and youth.

Palenke Arts has participated in the CDAC's
Community Needs Workshop and NOFA potential
applicant meetings
4 Agency/Group/Organization Meals on Wheels of the Monterey Peninsula Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Meals on Wheels (MOW) was consulted to
understand the needs of homebound elderly frail
seniors in Seaside. This included an estimate of
the number of youth in need of services. The
City will strive to work with MOW to make meal
delivery programs available for homebound
Seaside residents. MOW has participated in the
CDAC's Community Needs Workshop and NOFA
potential applicant meetings
5 Agency/Group/Organization Legal Services for Seniors
Agency/Group/Organization Type Services-Elderly Persons Services - Victims
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Legal Services for Seniors (LSS) was consulted
to understand the needs of seniors desiring legal
assistance in Seaside. This included an estimate
of the number of seniors in need of services.

The City will strive to work with LSS senior legal
programs available. LSS has participated in the
CDAC's Community Needs Workshop and NOFA
potential applicant meetings
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6 Agency/Group/Organization Eden Housing for Council for Hope and Opportunity (ECHO)
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Eden Housing Council for Hope and Opportunity
(ECHO) was consulted to understand the needs
of fair housing in Seaside. This included an
estimate of the number of residents in need of
fair housing or tenant/landlord services. The City
will strive to work with ECHO to make fair
housing programs available. CPY has
participated in the CDAC's Community Needs
Workshop and NOFA potential applicant
meetings and Analysis of Impediments to Fair
Housing outreach sessions.
7 Agency/Group/Organization Girls Inc. of the Central Coast Agency/Group/Organization Type Services-Children
Services-Education
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Girls, Inc. was consulted to understand the
needs of children and youth in Seaside. This
included an estimate of the number of youth in
need of services. The City will strive to work with
Girls, Inc. to make after-school enrichment
programs available for children and youth. Girls,
Inc. has participated in the CDAC's Community
Needs Workshop and NOFA potential applicant
meetings
8 Agency/Group/Organization Greater Victory Temple Church of God in Christ Agency/Group/Organization Type Services-Children
Services-homeless
Services-Education
What section of the Plan was
addressed by Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Non-Homeless Special Needs
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Greater Victory Temple (GVT) was consulted to
understand the needs of children, and families in
need in Seaside. This included an estimate of
the number of persons in need of services. The
City will strive to work with GVT to make afterschool programs available for youth and their families including some that may be
experiencing homelessness. GVT has
participated in the CDAC's Community Needs
Workshop and NOFA potential applicant
meetings
9 Agency/Group/Organization The Village Project, Inc.

Agency/Group/Organization Type Services-Children
Services-Education
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Village Project (TVP) was consulted to
understand the needs of children and youth in
Seaside. This included an estimate of the
number of youth in need of services. The City
will strive to work with TVP to make after-school
enrichment programs available for children and
youth. TVP has participated in the CDAC's
Community Needs Workshop and NOFA potential
applicant meetings
10 Agency/Group/Organization Boys and Girls Club of Monterey County Agency/Group/Organization Type Services-Children
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Boys and Girls Club was consulted to
understand the needs of children and youth in
Seaside. This included an estimate of the
number of youth in need of services. The City
will strive to work with the Boys and Girls Club to
make programs available for children and youth
and coordinates activities with adjoining Cutino
Park. The Boys and Girls Club has participated in
the CDAC's Community Needs Workshop and
NOFA potential applicant meetings
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11 Agency/Group/Organization Community Human Services
Agency/Group/Organization Type Services-Persons with HIV/AIDS Services-homeless
Services-Health
What section of the Plan was
addressed by Consultation?
Homeless Needs - Families with children
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Community Human Services (CHS) was
consulted to understand the needs of persons
experiencing substance abuse and homelessness
in Seaside. This included an estimate of the
number of persons in need of services. The City
will strive to work with CHS to make facilities
and programs available for persons experiencing
these special needs. CHS has participated in the
CDAC's Community Needs Workshop and NOFA
potential applicant meetings
12 Agency/Group/Organization Veterans Transition Center Agency/Group/Organization Type Services-Persons with Disabilities Services-homeless
Regional organization
What section of the Plan was
addressed by Consultation?
Homelessness Needs - Veterans
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Community Partnership for Youth (VTC) was
consulted to understand the needs of veterans in
Seaside. This included an estimate of the
number of veterans in need of services. The City
will strive to work with VTC to make housing
available for homeless veterans. VTC has
participated in the CDAC's Community Needs
Workshop and NOFA potential applicant
meetings.
13 Agency/Group/Organization County of Monterey
Agency/Group/Organization Type Other government - County What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Public Housing Needs
Market Analysis
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The City partnered with Monterey County (Urban
County) to prepare a joint Analysis of
Impediments. Collaboration included conference
calls, meetings and outreach events.
14 Agency/Group/Organization City of Salinas
Agency/Group/Organization Type Other government - Local Planning organization
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The City partnered with the City of Salinas to
prepare a joint Analysis of Impediments.

Collaboration included conference calls,
meetings and outreach events.
15 Agency/Group/Organization City of Monterey
Agency/Group/Organization Type Other government - Local Planning organization
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The City partnered with Monterey to prepare a
joint Analysis of Impediments. Collaboration
included conference calls, meetings and
outreach events.
16 Agency/Group/Organization Alliance on Aging
Agency/Group/Organization Type Services-Elderly Persons Regional organization
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Alliance on Aging has participated in CDAC
workshops and indicated a need for services for
seniors.
17 Agency/Group/Organization SUN STREET CENTERS
Agency/Group/Organization Type Services-Persons with HIV/AIDS Services-homeless
Services-Health
What section of the Plan was
addressed by Consultation?
Homelessness Strategy
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Sun Street Centers has participated in CDAC
workshops and indicated a need for substance
abuse treatment services and associated
homeless/employment challenges.
19 Agency/Group/Organization Monterey Peninsula Unified School District Agency/Group/Organization Type Services-Education
Regional organization
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Monterey Peninsula Unified School District
(MPUSD) was consulted to understand the needs
of persons experiencing educational challenges
in Seaside, particularly with the adult school.

This included an estimate of the number of
persons in need of services. The City will strive
to work with MPUSD to make facilities and
programs available for persons experiencing
these special needs. MPUSD has participated in
the CDAC's Community Needs Workshop, many
Seaside Creates community outreach events
and NOFA potential applicant meetings
20 Agency/Group/Organization Monterey Peninsula Chamber of Commerce Agency/Group/Organization Type Business Leaders
Business and Civic Leaders
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What section of the Plan was
addressed by Consultation?
Economic Development
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Several teams of participants canvassed Seaside
Businesses on November 8, 2019 as part of the
Chamber's Business Walk. The short in-person
survey was able to reach many businesses at
their own facility and check in with them, finding
their needs and promoting community good will.

Many businesses surveyed were non-English
speakers.
21 Agency/Group/Organization Gathering for Women
Agency/Group/Organization Type Services-Victims of Domestic Violence Services-homeless
What section of the Plan was
addressed by Consultation?
Homelessness Strategy
Homeless Needs - Families with children
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Gathering for Women is working with CHS and
the City working toward opening a homeless
shelter in HUD qualified census tract 137. They
have been participating in CDAC activities .
22 Agency/Group/Organization CASA of Monterey County
Agency/Group/Organization Type Services-Children
Services-Victims of Domestic Violence
Services - Victims
Child Welfare Agency
Regional organization
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
CASA was consulted to understand the needs of
foster youth and advocacy in Seaside. This
included an estimate of the number of persons
in need of services. The City will strive to work
with CASA to make facilities and programs
available for persons experiencing these special
needs. CASA has participated in the CDAC's
Community Needs Workshop and NOFA potential
applicant meetings
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23 Agency/Group/Organization FOOD BANK OF MONTEREY COUNTY Agency/Group/Organization Type Services-Health
Regional organization
What section of the Plan was
addressed by Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Food Bank of Monterey County not only
serves persons directly, they also work with
many non-profits receiving grant funds. The City
participated in a regional organization tour of
their facility in fall 2019 and has reached out to
them for coordination of food drives since the
inception of the COVID-19 shelter in place
impacts. The City will be coordinating with the
Food Bank with CDBG-CV activity.
24 Agency/Group/Organization Monterey Bay Economic Partnership Agency/Group/Organization Type Housing
Services - Broadband Internet Service Providers
Services - Narrowing the Digital Divide
Agency - Managing Flood Prone Areas
Agency - Management of Public Land or Water
Resources
Regional organization
Business and Civic Leaders
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Public Housing Needs
Homelessness Strategy
Homelessness Needs - Veterans
Non-Homeless Special Needs
Economic Development
Market Analysis
Packet Page 687
FY2022-2023 Annual Action Plan City of Seaside 19
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Seaside is a member of the Monterey Bay
Economic Partnership and participates in their
twice yearly regional conferences addressing
housing, water, transportation and technology.

The COVID-19 pandemic has highlighted the
need for broadband improvement and MBEP
created a white paper on the topic.
https://mbep.biz/wpcontent/uploads/2020/04/MBEP-COVID-19- Response_Broadband.pdf The MBEP and
Monterey Peninsula Unified School District
encouraged students to use the mobile Bus
hotspots internet connectivity for digital learning
if connections were not available in homes in
Seaside.

Identify any Agency Types not consulted and provide rationale for not consulting The City of Seaside encourages consultation.

Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap
with the goals of each
plan?
Continuum of Care Leadership Council The "Lead Me Home" 10-Year Plan to End Homelessness
Goals overlaps with the
Seaside Strategic Plan in the
SP-40 Institutional Delivery
Structure and the goal of
Access to Social Services.

Table 3 – Other local / regional / federal planning efforts Narrative (optional)
Packet Page 688
FY2021-2022 Annual Action Plan City of Seaside 20
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting In developing the 2020-2024 Consolidated Plan and processing the 2022-2024 funding cycle applications, the City conducted extensive outreach to ensure broaden citizen participation. The following a schedule of events that led to the adoption of the 2020- 2024 Consolidated Plan as well as approval of the 2022-2024 funding cycle applications.  September 2018: Held a community needs session to review the existing plan.  September 2019: Held a public workshop at the Seaside Creates Office to conduct a SWOT analysis, review Opportunity Zones, difficult development areas and individual census tracts.  September 2019: Online survey - 28 stakeholders responded.  October 2019: CDAC met to review the results of the online survey and found the results were statistically significant; however, noted that the results were consistent with the workshop.  November 7, 2019: A presentation agendized for the City Council to review needs recommended by CDAC for interested applicants for the 2020-2022 funding cycle.
 January 2020: The CDAC received online access to review the applications. A meeting was scheduled for February to provide recommendations to Council. Due to unexpected vacancies on the CDAC, in accordance with the Homeless Committee's workplan and the Citizen Participation Plan a CDAC joint meeting with the Homeless Commission considered the applications for funding for recommendations to Council.
 March 11, 2020: The eight citizen volunteers of the joint committee discussed the applications. As in 2018, the deliberations were verbal and conducted in a noticed and recorded public meeting. The agenda packet can be accessed at https://seasideca.civicclerk.com/Web/UserControls/DocPreview.aspx?p=1&aoid=1936. The meeting can be viewed at https://www.youtube.com/watch?v=4uKhXZvupFo&t=12s
 March 19, 2020: Following recommendations from the joint committee, a report was prepared for consideration at City Council on March 19 for direction to staff for items to be included in the Consolidated Plan/AAP. Due to the COVID-19 pandemic, the item was postponed.

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FY2021-2022 Annual Action Plan City of Seaside 21
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 On April 6, 2020: Seaside submitted a waiver to HUD to extend deadlines for submittal of the CON/AAP per official guidance using the HUD suggested template. The CON/AAP would contain the CDBG-CV funding so a substantial amendment to 2019 AAP would not be necessary.
 May 21, 2020: The Council discussed the recommendations on during a virtual City Council meeting. The video link at https://www.youtube.com/watch?v=K_PVVnWYDkA. Starting at 2:05 through 3:47. Written public comment received by the City Clerk via email was read into the record. CDBG-CV was discussed on the immediately following item 3:47 through 4:31.

Written public comment received by the City Clerk via email was read into the record. These two topics concerning the CDBG program were discussed for a total of 2 hours and 26 minutes during the May 21 virtual City Council meeting.  June 25, 2020: Public notice was printed in the Monterey County Weekly (advance copy online on 6/24 for the Public Hearing of the Consolidated Plan, Annual Action Plan and the amended Citizen Participation Plan). The plans were available for viewing when the notice was posted, although the stated time to start the review period was June 28.  July 2, 2020: Council held a public hearing and approved a resolution to approve all items and authorize the City Manager to sign all forms and certifications to submit to HUD.
 January 7, 2021: The Seaside City Council convened a discussion on the conceptual review of the CDBG-CV3 funds and allocations.
 March 4, 2021: The Seaside City Council held a public hearing to discuss a Substantial Amendment to the 2020-21 Annual Action Plan to add CDBG-CV3 funds.
 March 11, 2021: A public notice was published in the Monterey County Weekly regarding the 2021-2022 Annual Action Plan being available for public review and comment during March 15, 2021 to April 15, 2021.  March 18, 2021: The Seaside City Council approved a Substantial Amendment to the 2020-21 Annual Action Plan to add CDBG-CV3 funds.
 April 15, 2021: City Council held a public hearing to adopt the FY2021-22 Annual Action Plan  September 16, 2021: The City Council received and approved the FY2020 CAPER  October 21, 2021: The City Council held a public hearing to consider amendments to the Citizen Participation Plan  October 28 - November 29, 2021: The City made its amended Citizen Participation Plan available for public review and comment
 December 2, 2021: The City Council held a public hearing to adopt the amended Citizen Participation Plan  December 1, 2021: The City issued a comprehensive NOFA for the FY2022-2024 Funding Cycle  February 10, 2022: CDAC held its first public hearing and received a staff report along with all submitted applications.

Packet Page 690
FY2021-2022 Annual Action Plan City of Seaside 22
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 February 16, 2022: CDAC received public service agency presentations as well as from the City of Seaside Engineering department regarding their proposed Cutino Park Improvement project.  February 17, 2022: CDAC received presentations from the remaining public facilities and infrastructure project applicants.  02/18/2022 to 02/24/2022: CDAC members individually evaluated and scored each application using the City’s online CDBG application evaluation tool on www.citydataservices.net. A minimum of 70% score was required to be considered for funding.  March 17, 2022: The City Council held a public hearing to consider the Community Development Advisory Committee’s funding recommendations for fiscal year 2022-23 and fiscal year 2023-24.

Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
1 Newspaper
Ad
Non-English
Speaking -
Specify
other
language:

Spanish
Nontargeted/br
oad
community
Newspaper ad was placed
on September 5, 2019 for
both the CAPER document
and the September 18,
2019 Community Needs
Workshop. The ad was
placed in both English and
Spanish in the Monterey
County Weekly
over two dozen people
attended the Community
Needs workshop which
included a brainstorming
board/SWOT analysis,
placement of dots and
comments to show how
current needs are met and
future needs in each
census tract
All
participation
was
welcomed.

Packet Page 691
FY2021-2022 Annual Action Plan City of Seaside 23
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
2 Public
Meeting
Minorities
Non-English
Speaking -
Specify
other
language:

Spanish
Persons
with
disabilities
Nontargeted/br
oad
community
Residents of
Public and
Assisted
Housing
Community Needs
workshop held in
September 2018 at
Oldemeyer Center and
2019 at Seaside Creates
downtown satellite office
to review past goals and
set new goals. Interactive
activities included
brainstorming, dots,
consideration of past,
present and future.

Comments were positive
and thoughtful considering
the needs of our diverse
community.

All comments
are
appreciated.

Packet Page 692
FY2021-2022 Annual Action Plan City of Seaside 24
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
3 Internet
Outreach
Nontargeted/br
oad
community
The City of
Seaside/Seaside Creates
Twitter page highlights
activities of the
Community and Economic
Development teams,
including the CDBG
program. CDAC meetings
are promoted and reported
In general, comments are
supportive of City's
outreach efforts
https://twitter.com/SeasideC
reates
4 Internet
Outreach
Nontargeted/br
oad
community
The City of
Seaside/Seaside Creates
facebook page highlights
activities of the
Community and Economic
Development teams,
including the CDBG
program. CDAC meetings
are promoted and reported
In general, comments are
supportive of City's
outreach efforts
N/A https://www.facebook.com/S
easideCreates/?ref=aymt_ho
mepage_panel&eid=ARBJZgudXbDNKO7PGrAJm--
2G6ZPbZfG7FR9D2J6swYqZ
QKxboQNT49NRXjh1JlawulZ
pTbFMxdUK24
Packet Page 693
FY2021-2022 Annual Action Plan City of Seaside 25
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
5 Public
Meeting
Minorities
Non-English
Speaking -
Specify
other
language:

Spanish
Persons
with
disabilities
Nontargeted/br
oad
community
Residents of
Public and
Assisted
Housing
Community Development
Advisory Committee
Meetings are held the third
Wednesday of the Month
at 6:30 PM. Due to
openings on the CDAC, a
joint meeting with the
Homeless Commission was
held on 3/11/2020 to
make sub recipient
recommendations to City
Council.

Public comment is
welcomed for all topics at
all meetings.

N/A http://www.ci.seaside.ca.us/
160/CommunityDevelopment-AdvisoryCommittee
Packet Page 694
FY2021-2022 Annual Action Plan City of Seaside 26
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
6 Public
Meeting
Minorities
Non-English
Speaking -
Specify
other
language:

Spanish
Persons
with
disabilities
Nontargeted/br
oad
community
Residents of
Public and
Assisted
Housing
The Seaside City Council
determines the funding for
subrecipients using the
recommendations from the
The Council directs staff to
use the determination for
the Annual Action Plan,
then holds a Public
Hearing on the AAP. The
Council meeting was a
virtual meeting
Zoom/YouTube . See
narrative above for link to
video
Emailed comments were
received by the City Clerk
and read into the record of
the Virtual meeting held
on May 21, 2020 (delayed
due to COVID-19 shelter in
place and Emergency
declarations)
N/A http://www.ci.seaside.ca.us/
129/City-Council-CommitteeAgendas
Packet Page 695
FY2021-2022 Annual Action Plan City of Seaside 27
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
7 Public
Hearing
Minorities
Non-English
Speaking -
Specify
other
language:

Spanish
Persons
with
disabilities
Nontargeted/br
oad
community
Residents of
Public and
Assisted
Housing
A Public Hearing on the
CON/AAP on July 2, 2020.

Council Meetings have
gone to a virtual format
due to COVID_19.

Meetings are conducted
via Zoom and live
streamed on the City's
YouTube Channel
All comments in virtual
meetings must be
submitted via email to the
City Clerk and read into
the record during the
meeting. Staff Report and
agenda may be accessed
in link above. City of
Seaside YouTube channel
is linked below.

N/A https://www.youtube.com/c
hannel/UC1Cu7854Ohtjpr_X
V1tDvRg
Packet Page 696
FY2021-2022 Annual Action Plan City of Seaside 28
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
8 Public
Hearing
Nontargeted/br
oad
community
On March 4, 2021, the City
Council held a public
hearing to consider the
first substantial
amendment to the 2020-
2025 Consolidated Plan
and the 2020-2021 Annual
Action Plan at a regularly
scheduled City Council
meeting.

All comments were
supportive of the
recommended allocation.

Some residents wished the
City would allocate some
funds to rental and other
form of economic
assistance program.

All comments
were received
and accepted.
https://www.youtube.com/w
atch?v=Iy0A09OLjNM
9 Newspaper
Ad
Nontargeted/br
oad
community
Non-English
Speaking -
Specify
other
language:

Spanish
On March 11, 2021, the
City published a notice in
the Monterey County
Weekly regarding the
Substantial Amendment to
the Consolidated Plan and
Annual Action Plan
available for public
comment
No comments were
received.

N/A
Packet Page 697
FY2021-2022 Annual Action Plan City of Seaside 29
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
10 Public
Review
Period
Nontargeted/br
oad
community
Non-English
Speaking -
Specify
other
language:

Spanish
Public review period from
March 12, 2021 to March
18, 2021
No comments were
received.

N/A
11 Public
Hearing
Nontargeted/br
oad
community
On March 18, 2021, the
City Council held a public
hearing to consider the
first substantial
amendment to the 2020-
2025 Consolidated Plan
and the 2020-2021 Annual
Action Plan at a regularly
scheduled City Council
meeting.

No comments were
received.

N/A
Packet Page 698
FY2021-2022 Annual Action Plan City of Seaside 30
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
12 Newspaper
Ad
Nontargeted/br
oad
community
Non-English
Speaking -
Specify
other
language:

Spanish
On March 11, 2021, the
City published a Public
Notice in the Monterey
County Weekly regarding
the draft 2021-2022
Annual Action Plan
available for public
comment
No comments were
received.

N/A
13 Public
Review
Period
Nontargeted/br
oad
community
Non-English
Speaking -
Specify
other
language:

Spanish
Public review period from
March 15, 2021 to April
15, 2021
No comments were
received.

N/A
Packet Page 699
FY2021-2022 Annual Action Plan City of Seaside 31
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
14 Public
Hearing
Nontargeted/br
oad
community
On April 15, 2021, the City
Council held a public
hearing to adopt the 2021-
2022 Annual Action Plan at
a regularly scheduled City
Council meeting.

No comments were
received.

N/A
15 Public
Review
Period
Nontargeted/br
oad
community
On August 26, 2021, the
City published a Public
Notice in the Monterey
County Weekly regarding
the draft 2020-2021
CAFER available for public
comment
No comments were
received.

N/A
16 Public
Hearing
Nontargeted/br
oad
community
September 16, 2021: The
City Council received and
approved the FY2020
CAPER
No comments were
received.

N/A
17 Public
Hearing
Nontargeted/br
oad
community
October 21, 2021: The City
Council held a public
hearing to consider
amendments to the Citizen
Participation Plan
No comments were
received.

N/A
Packet Page 700
FY2021-2022 Annual Action Plan City of Seaside 32
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
18 Newspaper
Ad
Nontargeted/br
oad
community
the City published a Public
Notice in the Monterey
County Weekly regarding
the draft Citizen
Participation Plan for
public comment
No comments were
received.

N/A
19 Public
Review
Period
Nontargeted/br
oad
community
October 28 - November
29, 2021: The City made
its amended Citizen
Participation Plan available
for public review and
comment
No comments were
received.

N/A
20 Document
release
Nontargeted/br
oad
community
December 1, 2021: The
City issued a
comprehensive NOFA for
the FY2022-2024 Funding
Cycle
No comments were
received.

N/A
21 Public
Hearing
Nontargeted/br
oad
community
December 2, 2021: The
City Council held a public
hearing to adopt the
amended Citizen
Participation Plan
No comments were
received.

N/A
Packet Page 701
FY2021-2022 Annual Action Plan City of Seaside 33
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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
22 Public
meeting
Nontargeted/br
oad
community
February 10, 2022: CDAC
held its first public hearing
and received a staff report
along with all submitted
applications.

No comments were
received.

N/A
23 Public
meeting
Nontargeted/br
oad
community
February 16, 2022: CDAC
received public service
agency presentations as
well as from the City of
Seaside Engineering
department regarding their
proposed Cutino Park
Improvement project.

No comments were
received.

N/A
24 Public
meeting
Nontargeted/br
oad
community
February 17, 2022: CDAC
received presentations
from the remaining public
facilities and infrastructure
project applicants.

No comments were
received.

N/A
Packet Page 702
FY2021-2022 Annual Action Plan City of Seaside 34
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
25 Public
review
period
Nontargeted/br
oad
community
02/18/2022 to
02/24/2022: CDAC
members individually
evaluated and scored each
application using the City’s
online CDBG application
evaluation tool on
www.citydataservices.net.

A minimum of 70% score
was required to be
considered for funding.

No comments were
received.

N/A
26 Public
Hearing
Nontargeted/br
oad
community
02/24/2022: CDAC met to
discuss staff
recommendations. After
careful consideration and
thoughtful deliberation,
CDAC concurred with the
following staff
recommendation and
directed staff to forward
the following funding
recommendations to the
City Council for
consideration and
approval.

One comment was
received from Shari Hasti
regarding the City’s
allocation methodology.

City CDBG staff provided
clarification at the
meeting.

N/A
Packet Page 703
FY2021-2022 Annual Action Plan City of Seaside 35
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
27 Public
Hearing
Nontargeted/br
oad
community
March 17, 2022: The City
Council held a public
hearing to consider the
Community Development
Advisory Committee’s
funding recommendations
for fiscal year 2022-23 and
fiscal year 2023-24.

One comment received
from one of the CDAC
members. It was stated
that the Committee
enjoyed reviewing the
proposed projects.

N/A
28 Newspaper
ad
Nontargeted/br
oad
community
On March 17, 2022, the
City published a Public
Notice in the Monterey
County Weekly regarding
the draft 2022-2023 AAP
available for public
comment

TBD TBD
29 Public
Review
and
Comment
period
Nontargeted/br
oad
community
March 21 – April 20, 2022:

The City will make the
draft FY2022 AAP available
for public review and
comment. A Notice was
published in the Monterey
County Weekly.

TBD TBD
Packet Page 704
FY2021-2022 Annual Action Plan City of Seaside 36
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
30 Public
Hearing
Nontargeted/br
oad
community
On April 21, 2022, the City
Council will hold a public
hearing to adopt the
FY2022-23 AAP

TBD TBD
Table 4 – Citizen Participation Outreach
Packet Page 705
FY2021-2022 Annual Action Plan City of Seaside 37
OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
In program year 2022-2023, the City anticipates receiving approximately $375,000 in Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD). The City has also anticipates having $105,000 in program income, which will be available for spending during the 2022-2023 program year.

Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and Planning
Economic Development
Housing
Public Improvements
Public Services 375,000 105,000 - 480,000 1,059,718
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The CDBG program has no matching requirement. Applicants for funding are asked to provide financial information in their application to indicate capacity to carry out the activity/project. Applications are submitted on the City Data Services data management portal and the attachments are housed on their server. On occasion, there are projects utilizing a variety of funding Packet Page 706
FY2021-2022 Annual Action Plan City of Seaside 38
OMB Control No: 2506-0117 (exp. 09/30/2021)
sources such as the Veterans Transition Center utilizing a combination of funding for their regional project. The City is actively pursuing grants and awards for projects not otherwise funded with CDBG monies.

If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City does not anticipate that the sale of publicly owned lands or properties would be used to acquire lands to achieve CDBG goals. Upgrading of infrastructure including publicly owned roads, sidewalks and public parks may address the needs in the plan particularly to improve accessibility.

Discussion
Faced with reduced resources, the City has made the choice to focus CDBG resources where the need is greatest. The communityidentified areas of need are infrastructure and facilities improvements in low-income areas, including street and park accessibility improvements, and providing essential public services for youth and seniors. Activities such as the development of affordable housing and rental housing subsidy are beyond the scope of available resources. The City of Seaside paid off a Section 108 Loan during the last Consolidated Plan and has no Section 108 funds outstanding.

Packet Page 707
FY2021-2022 Annual Action Plan City of Seaside 39
OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Access to
Community and
Social Services
2022 2023 Homeless and
Non-Homeless
Special Needs
Non-Housing
Community
Development
Public Services
City of
Seaside
Qualified
Census Tract
137
Access to
community
services
CDBG:
$72,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 778 Persons
Assisted
2 Improve
accessibility to
persons with
disabilities
2022 2023 Non-Homeless
Special Needs
Non-Housing
Community
Development
City of
Seaside
Improve
accessibility
CDBG:
$250,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 7060 Persons Assisted
3 Provide Quality
Facilities and
Infrastructure
2022 2023 Non-Homeless
Special Needs
Non-Housing
Community
Development
City of
Seaside
Provide quality
facilities and
infrastructure
CDBG:
$90,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 525 Persons Assisted
4 Program
Administration
2022 2023 Planning and
Administration
City of
Seaside,
program
administration
CDBG:
$68,002
Other
Table 6 – Goals Summary
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Goal Descriptions
1 Goal Name Access to Community and Social Services
Goal
Description
Seaside's public services component of the CDBG program serves a diverse client base and include provision of a broad range of community and social services including multiple youth enrichment programs, fair housing education, tenant-landlord assistance and counseling, and Meals on Wheels and Legal Services for Seniors.
2 Goal Name Improve accessibility to persons with disabilities Goal
Description
During FY2022-23, the City of Seaside will fund and commence the Cutino Park improvement project. 3 Goal Name Provide Quality Facilities and Infrastructure Goal
Description
The CDBG program identifies publicly owned facilities and infrastructure such as, streets, playgrounds, and underground utilities, and buildings owned by non-profits that are open to the public. During 2022-2023, upgrades are scheduled for the Boys and Girls clubhouse and the Genesis House, which is a residential substance treatment center.
4 Goal Name Program planning and administration
Goal
Description
CDBG Program planning and administration. City staff will provide overall management, coordination, and evaluation to the CDBG program, and the project delivery costs associated with bringing projects to completion
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Projects
AP-35 Projects – 91.220(d)
Introduction
As part of the 2022-2023 funding cycle, on March 17, 2022, the Seaside City Council approved the following projects for the FY2022- 2023 Annual Action Plan.

Projects
# Project Name
1 2022 Boys and Girls Club Facility improvements
2 2022 Community Human Services-Genesis House facility upgrades 3 2022 Cutino Park Improvements
4 2022 Public Services
5 2022 CDBG Planning and Administration
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Given the limited CDBG allocation, it is difficult to address all community needs. Both request for public services and public facilities and infrastructure projects far exceed the available funding. The City has made the choice to focus CDBG resources where the need is greatest. The community-identified areas of need are infrastructure and facilities improvements in low-income areas, including street and park accessibility improvements, and providing essential public services for youth and seniors. Activities such as the development of affordable housing and rental housing subsidy are beyond the scope of available resources.

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AP-38 Project Summary
Project Summary Information
1 Project Name Boys and Girls Club Facility improvements Target Area City of Seaside
Goals Supported Provide Quality Facilities and Infrastructure Needs Addressed Provide quality facilities and infrastructure Funding CDBG: $50,000
Description Capital improvements to the Kitchen include replacement of the grease trap, modernizing all waste receptacles, evaluating current lighting, and replacing the 30-year-old flooring. Exterior door improvements include replacement of full doors and hardware at the east side of the facility and addressing all dated and worn mechanisms and handles, ensuring the Club is safe and exterior doors secure.

Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
325 low/moderate income youth regularly use the Boys and Girls Club.

Location Description 1332 LaSalle Avenue, Seaside, CA
Planned Activities Replace grease trap, modernize all waste receptacles, evaluate current lighting, replace the 30-year-old flooring, and fix exterior doors.
2 Project Name Community Human Services-Genesis House facility upgrades Target Area City of Seaside
Qualified Census Tract 137
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Goals Supported Provide Quality Facilities and Infrastructure Needs Addressed Provide quality facilities and infrastructure Funding CDBG: $40,000
Description This grant will be used to paint the exterior of the three buildings that comprise the treatment facility.

Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
200 persons will benefit per year. Genesis House is a state-licensed, residential substance abuse treatment program for adults 18 years of age and older. The co-ed program offers 28 beds for stays of 3 to 6 months. The perinatal program offers 8 beds for stays of 6 to 10 months. Children ages 0 to 5 may live with their mothers in treatment. Genesis House is accredited by CARF International.

Location Description Genesis House is located in three adjacent buildings at 1152 Sonoma Avenue in Seaside, CA 93955. It is located on the border of Census Block Group 1, 0136 and Census Block Group 2, 0137.

Planned Activities Paint the exterior of the facility
3 Project Name Cutino Park Improvements
Target Area City of Seaside
Qualified Census Tract 137
Goals Supported Improve accessibility to persons with disabilities Provide Quality Facilities and Infrastructure
Needs Addressed Improve accessibility
Provide quality facilities and infrastructure
Funding CDBG: 250,000
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Description The proposed improvements include installation of a parking lot with ADA accessible parking space, accessible pathway from the sidewalk to the playground, new playground structure including accessible play features at ground level, accessible bleachers, new lighting, and landscaping.

Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
Census data indicates that 7060 Seaside residents can benefit from this project. Cutino Park is located on the corner of San Pablo and Noche Buena adjacent to the Boys and Girls Club.

The park is centrally located and highly visible. The patrons will benefit through improved access and enhanced facilities. The improved ADA access and facility parking, new playground with accessible pathways will provide an outdoor recreation space to this demographic that previously was not accessible before.

Location Description Although the Park is located within census track 138, it bordering census track 137 and 139.

The percentage of combined low and moderate income persons for these census tracks are 54%, see attachment. The park is less than a quarter mile from residents within census tract 137 and 139. In addition Cutino Park is a public park and will provide access to all members of the community, including those within track 137,139, which some can travel less than a quarter mile to visit the proposed project location.

Planned Activities The proposed upgrades include wheel chair accessible ramps, pathways, play features and access to the park facilities, construction and installation of a new parking lot, new structure/equipment, bleachers and accessible pathways. 4 Project Name Public Services
Target Area City of Seaside
Goals Supported Access to Community and Social Services Needs Addressed Access to community services
Funding CDBG: $72,000
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Description Public Services activities for Seaside's CDBG program. These activities are capped at 15% of the available grant and program income. All projects are LMC and the sub recipients track demographic and income data. Public Services activities approved by the City Council to be included in the Annual Action Plan include participation by:
 $13,152- Legal Services for Seniors
 $13,152- Greater Victory Temple
 $13,152- Girls Inc of Central Coast
 $9,390- Eden Council for Hope and Opportunity
 $13,152- Meals On Wheels of Monterey Peninsula
 $10,000– Gathering for Women
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
An estimated 778 low and moderate income level persons are expected to benefit from the proposed activities.

Location Description These activities will be located throughout the City of Seaside.

Planned Activities Planned activities include after school programs (including tutoring, self-esteem, mentoring younger students), community meals/after school, legal services for seniors, meals on wheels for homebound, tenant/landlord fair housing services, and case management services for homeless women.
5 Project Name General Administration of Seaside CDBG program Target Area City of Seaside
Goals Supported Access to Community and Social Services Needs Addressed Access to community services
Funding CDBG: $68,002
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Description General administration costs to administer the CDBG program. Includes staffing, legal notices, supplies (including outreach meetings and public review documents), data management services and reimbursable overhead costs. Capped per HUD at 20% of Grant and Program income. (21A) PROGRAM ADMIN
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the proposed
activities
Not applicable
Location Description City of Seaside
Planned Activities Administration of CDBG program including citizen participation activities.

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of lowincome and minority concentration) where assistance will be directed The assistance will be directed to low/moderate needs throughout the City of Seaside. Should projects be proposed in HUD Qualified Census Tract 137, they will receive higher priority.

Geographic Distribution
Target Area Percentage of Funds
City of Seaside 74
Qualified Census Tract 137 26
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically All of Seaside is considered a difficult development area by HUD, and Census Tract 137 is an Opportunity Zone and a Qualified Census Tract. Note that census tract is within the City of Seaside, but we are counting that percentage separately so that the total does not exceed 100%
Discussion
The City received requests for twice as much funding for public services projects as funding available. The COVID-19 shelter in place emergency has forced all applicants to adjust their programs and created a need for food distribution which the City addressed with CDBG-CV funds.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The Community and Economic Development Services staff is charged with the continuing responsibility to forge new partnerships with other public agencies at the federal, state, and local level as well as with private housing developers and nonprofit organizations. Additionally, the City works closely with a diverse group of nonprofit organizations to provide CDBG public service subrecipient funding.

Some of the currently underway housing initiatives and projects are as follows:

Accessory Dwelling Units (ADU) Efforts
The City of Seaside encourages the development of Accessory Dwelling Units (ADUs) in existing residential neighborhoods. Building ADUs is seen as a way to increase the City’s housing supply, aid is addressing the current housing crisis, and assist existing homeowners by providing an avenue for additional rental income.

To encourage ADU development, the City Council has removed some ADU building permit fees, streamlined the plan check process and set aside a water allocation to be provided exclusively to ADU applicants. From January 2020 to August 2021, forty-two (42) property owners have applied for building permits to create new or legalize existing ADUs. Forty (40) applicants have been approved for water allocations for their new ADU projects, and five (5) ADU building permits have been finalized and received occupancy certificates.

Campus Town
The Campus Town project would allow for the development of 1,485 housing units, 250 hotel rooms, 150,000 square feet (sf) of Retail, Dining, and Entertainment, and 50,000 SF of Office, Flex, Makerspace (collaborative workspace) and Light Industrial, as well as park/recreational areas (including approximately nine acres of public open space and 3.3 acres of private open space), roadways, parking and supporting infrastructure, on approximately 122.23 acres generally located south of the California State University, Monterey Bay campus. Of the 1,485 housing units, 297 will be designated as affordable housing units. The project is proceeding through the planning process may break ground in early 2022.

Ascent
The Ascent project will be the first new multi-family housing project to be built in Seaside in over 20 years, and will include a significant amount of affordable housing. Seaside City Council approved the project in November of 2019. The project is a ten building workforce rental housing development consisting of 106 one bedroom, two bedroom, three bedroom units and Packet Page 717
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townhouses along Olympia Ave and Broadway Ave, with 16 of those being affordable units. The project is also proposing 4,000 square feet of retail space, a shared vehicular court and green space areas for residents. This development will accelerate the City's improvements for the Downtown district and realize the City priorities of growing upward, increasing our affordable housing supply and becoming more transit and pedestrian-friendly. The developer recently submitted project plans for permit approval. The project should break ground by fall of 2021.

Parker Flats Apartments
The Parker Flats Apartments project consists of the rehabilitation and renovation of two (2) existing former military nursing barracks on the former Fort Ord to create a total of forty (40) two-bedroom multi-family residential units. The Developer will restrict eight (8) rental housing units to occupancy by low-income households for a period of thirty (30) years. The project has been approved by City Council and in the process of developing plans for submission for planning approval.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 0
Special-Needs 0
Total 0
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 0
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
There continues to be a need for housing units for extremely low-, very low- and low- income households. In response, the City will continue to explore opportunities with regional public service providers, local nonprofit housing developers, and neighboring jurisdictions for the development of new housing units in the region.

AP-60 Public Housing – 91.220(h)
Introduction
The primary public organization for affordable housing and supportive services in the City is the Packet Page 718
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Housing Authority of the County of Monterey (HACM), a public housing authority whose mission is to develop and operate affordable housing and implement supportive programs. The Housing Authority manages a Section 8 Housing Choice Voucher (HCV) program and Family Self Sufficiency programs. Both programs are essential in meeting Seaside’s housing needs.

Actions planned during the next year to address the needs to public housing As of June 30, 2016, HACM has converted all public housing units countywide into ProjectBased Rental Assistance. The City will coordinate with the Leadership Council to implement the “Lead Me Home” 10 Year Plan to End Homelessness.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
The Family Self Sufficiency Program is designed to help families become financially independent of cash aid assistance by obtaining employment. Successful participating families are rewarded with a savings account that is established by HACM. Additionally the HACM's commitment to the program participants is solidified by the HACM collaborating with a variety of local service providers that are equally interested in helping families reach their goal of self-sufficiency.

Services may include career counseling, financial literacy, parenting skills and homeownership preparation
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
HACM is not identified as "troubled."
Discussion
The Housing Authority of Monterey County, the cities of Salinas, Monterey and Seaside and the County of Monterey prepared an Analysis of Impediments approved in 2019.

AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City of Seaside works with regional homeless assistance coordination to reduce homelessness. The lead agency is the Monterey County Department of Social Services (DSS).

Two local collaborative efforts are the Coalition of Homeless Services Providers (Homeless Coalition) and Leadership Council (CoC governing body). These organizations are directly responsible for funding and program decisions for Monterey County and the City of Seaside.

The City has established a Homeless Commission to devise strategies and priority actions to expand homeless services and provide supportive housing opportunities to elderly persons, disabled veterans, and other persons with special needs. Some of the specific strategies the City’s Homeless Commission and City staff have implemented include:

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• Collaborative engagement with homeless persons during outreach efforts and campaigns to assess needs
o Encampments, Mobile Crisis Response, Vaccine Clinics, Food Distribution Sites
• Participation in local and County meetings in which some homeless individuals attend for opportunities to advocate for needs if accessibility is possible During PY2020, the City continued its partnership with the Community Human Services and Veterans Transition Center, which provide transitional and permanent housing to homeless.

Additionally, the City recruited a full time Family & Community Support Practitioner who seeks out homeless individuals and families to provide outreach services, which include connecting clients with immediate resources such as mental health services, general health services, substance abuse services, income services, identification documents and other documents necessary to help homeless persons meet the ultimate goal of finding shelter and housing.

The City also intends to strengthen its collaboration with the Coalition of Homeless Services Providers (CHSP), which is the primary nonprofit organization for homeless support in Monterey and San Benito Counties. CHSP is a coalition of 11 service provider agencies for homeless persons, persons with AIDS/HIV, and other persons with special needs. The Coalition is the County’s designated Continuum of Care (CoC) Coordinator.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City will closely coordinate with Monterey County and the Leadership Council CoC to reach out to homeless persons. As described in the "Lead Me Home" 10 Year Plan to End Homelessness, these entities will: collaborate to develop referral agreement between outreach workers and other housing and service providers and designate priority access to housing and treatment slots for clients engaged by outreach workers, develop a centralized information and referral system, streamline referrals and improve service coordination, partner hospitals with existing services to establish respite care centers and detoxification facilities, enhance coordination with mainstream benefits programs. In these efforts, the City will act as an information and referral resource for participating housing and homeless service providers to facilitate agreements and partnerships.

Seaside participated in Analysis of Impediments outreach efforts through an MOU with the Cities of Salinas and Monterey, Monterey County and the Housing Authority of Monterey County to further find out the needs of the entire community and is currently exploring HEAP funding possibilities to address homeless concerns and open a shelter.

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Addressing the emergency shelter and transitional housing needs of homeless persons
In FY2020-21, Gathering for Women and Community Human Services opened Case De Noche Buena, a shelter in HUD Qualified Census Tract 137. The City will provide public service funding to Gathering for Women for case management services.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of Seaside continues to collaborate with and rely on a vast network of public and nonprofit agencies in the Continuum of Care (CoC) system to provide a range of housing options and services. The CoC system strives to provide and expand housing opportunities for the homeless and formerly homeless, through emergency shelters, transitional housing, supportive housing, and permanent housing. Outreach, assessment, and case management services are also offered through this network to assist the homeless in transitioning to permanent housing.

In the City of Seaside, transitional housing services are available in Seaside through the Salvation Army. This agency has not applied for CDBG funding for the current cycle.

Additionally, in 2020, Gathering for Women and Community Human Services opened Case De Noche Buena, a shelter in HUD Qualified Census Tract 137 in the City of Seaside. The majority of the funding for the Case De Noche Buena was through HEAP. Case De Noche Buena is the first homeless shelter specifically for women and families with children on the Monterey Peninsula. The shelter is initially able to accommodate 15-18 people, depending on the number and ages of children. This number is expected to double to 30-36 once COVID-19 social distancing guidelines have been eased. Casa de Noche Buena offers shelter, meals and a variety of supportive services designed to lead to permanent housing.

Community Human Services (CHS) and the Veterans Transition Center (VTC), which receive CDBG funding from the City of Seaside, offer housing services.

CHS’s Genesis House is a state-licensed, residential substance abuse treatment program for adults 18 years of age and older. The co-ed program offers 28 beds for stays of 3 to 6 months.

The perinatal program offers 8 beds for stays of 6 to 10 months. Children ages 0 to 5 may live with their mothers in treatment. Genesis House is accredited by CARF International.

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Emergency Residential Shelter, a 58-bed Transitional Housing program, and 22 affordable permanent supportive housing units.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City will support projects and programs and give proposed programs and improvements that prevent homelessness higher priority. In addition, the City will promote these strategies outlined in the "Lead Me Home" plan: integration of services at the system level; enhancement and integration of services at the client level; improving access to mainstream benefits; launch Employment First (job training); strengthen job development capacity and on-site support; economic development opportunities that will create new jobs for homeless or formerly homeless persons; plan for stability prior to release from incarceration; implement alternatives to arrest and incarceration; create universal healthcare discharge policies and transition agedout foster youth to housing and income stability.

Discussion
Many seniors, even homeowners, face financial challenges due to limited incomes. Senior households, especially those on limited incomes, need affordable housing. Seniors also face housing challenges related to physical disabilities. Many of the disabilities are age related, including declining mobility and self-care issues that interfere with their ability to remain independent. Seniors have a variety of housing options, including:
• Independent living – seniors reside in their home or apartment with little support or care • Assisted living facilities – senior maintains a level of independence, residing in an apartment, and receives varied levels of support and assistance such as light housekeeping, meals, transportation, and/or medication
• Residential care facilities – typically a smaller licensed facility, often with 6 or fewer residents, that provides services similar to those provided by assisted living facilities • Intermediate care or skilled nursing facilities – a licensed facility that provides a higher, continuous level of professional care
Although a variety of housing options are available to seniors, and all housing options are available in Seaside, facilities providing supportive services and a higher level of care are expensive. Most affordable senior housing is classified as independent living and does not provide supportive services. Lower-income seniors cannot afford to take advantage of many of the housing options and consequently remain in independent living situations struggling with Packet Page 722
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self-care issues. The Monterey County Department of Social Services provides a Senior Information, Referral and Assistance hotline, which is initial point of contact for people seeking information about senior services. The program specializes in information related to the needs of seniors and people with disabilities. Legal Services for Seniors provides a variety of low cost legal assistance.

AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City’s General Plan Housing Element was updated in 2019 and systemically analyzes and addresses barriers to affordable housing. These include governmental, non-governmental, and environmental constraints. That analysis leads to policies and programs to address these constraints. Please find more detailed information on affordable housing in the City’s Housing Element on the City of Seaside website and at www.seaside2040.com.

The City has undertaken a number of actions to reduce potential barriers and constraints to affordable housing and housing for special needs populations. These actions include identifying funds in support of affordable housing development and offering fee reductions, regulatory incentives, density incentives, and the operation of a home rehabilitation and repair program, as well as several other options. Details of these actions can be found in the City’s 2015–2023 Housing Element. The Housing Element includes a thorough analysis of governmental and regulatory barriers to affordable housing. The City has been aggressive in pursuing affordable housing development opportunities and has mitigated regulatory barriers as effectively as possible.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment In order to produce affordable housing, the City has an inclusionary housing ordinance. The ordinance requires that for all new developments, at least 20 percent of new units constructed must be restricted for occupancy by moderate, low or very low income households. For further information, refer to Chapter 17.31, Affordable Housing Requirements, of the Seaside Code of Ordinances at the following on the City of Seaside website.

To expedite project facilitation and provide internal support to project applicants, the City has also established a planning permit review process. When required, permit review takes place before any necessary building permits or business licenses are applied for and are intended to ensure that new development is compatible with surrounding neighborhoods and planned future development.

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Discussion:

AP-85 Other Actions – 91.220(k)
Introduction:

This section describes the City's actions to address underserved needs, maintain affordable housing, reduce lead based paint hazards, reduce poverty, develop institutional structure, and enhance public-private coordination.

Actions planned to address obstacles to meeting underserved needs Use CDBG funds targeted to public facilities and infrastructure to make ADA accessibility improvements. Use CDBG funds targeted to public services to support organizations that assisted underserved populations.

During the program year, the City will work with several organizations that focus on increasing self-sufficiency among lower-income populations. These organizations included the Legal Services for Seniors, which provides a legal services pertaining to housing, health, and finances for elderly residents; drug rehabilitation provided by Community Human Services. Services to help youth start off on the right path include Community Partnership for Youth, Boys and Girls Club of Monterey County, The Village Project, Girls, Inc. and ECHO fair housing services. CDBG funded projects include Section 3 policies to help reduce the number of poverty level families.

Housing programs have been limited as a result of a lack of resources and staffing available to the City. The city does not plan to revive façade improvement programs for homeowners or small businesses in the plan year. The City plans to support the ”Lead Me Home” Plan in its efforts to build an affordable housing pipeline and coordination with HACM in rehabilitating and upgrading affordable housing units.

The Coalition’s participation in HUD's Homeless Assistance Programs will pay for the development, rehabilitation, or leasing of housing for homeless persons and also for supportive services for those persons. In addition to applying for funding for the previously listed emergency and transitional housing, most all of which offer supportive services, the Coalition also assisted numerous non-profit and other agencies in applying for funding through the Homeless Assistance portion of HUD’s program to provide supportive and self-sufficiency services.

These supportive and self-sufficiency services include educational and vocational services which focus on social, living, interpersonal, study and job skills. Linkage to other services and services providers is also provided. In many of the housing projects, Monterey County Behavioral Health provides case coordination and representative payees. Additional services provided in some facilities include reintegration, full case management, life skills, and substance abuse Packet Page 724
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counseling.

The City is actively encouraging the building of Accessory Dwelling Units as a means of increasing the housing stock in an affordable manner.

The City of Seaside will continue to support public and non-profit agencies in utilizing programs that assist homeless persons to make the transition to permanent housing and independent living through maintaining these existing supportive services. New development on the former Fort Ord lands will have a 20% affordable housing requirement per the Fort Ord Reuse Plan.

As part of the Consolidated Plan, the City identified several obstacles to meeting needs that are particularly difficult to achieve in the City. Below are some of the actions the City is taking to overcome the obstacles:
• Increase development, preservation, and rehabilitation of affordable housing for lowincome and special needs households. • Provide assistance for the homeless and those at risk of becoming homeless through collaborations with other agencies.
• Provided assistance to low-income and special needs households. • Provided public facilities improvements to strengthen neighborhood revitalization. • Cooperate with, and provide assistance to, for-profit and non-profit developers to facilitate construction of housing units through new housing development. • Provided rental and utility assistance to hundreds of LMI Seaside households through the Rental Assistance Program, which is funded through Monterey County and United Way’s SB91 Emergency Rental Assistance Program (ERAP).

The City also continued to address the lack of funding for the needs identified in the Consolidated Plan by rigorously managing HUD CPD funds through a citizen engagement process, monitoring, and providing technical assistance to subrecipients, while also pursuing new funding sources.

Actions planned to reduce lead-based paint hazards
The City will mitigate lead based paint through public facilities improvements, and educate participants on the hazards of lead based paint. In addition, all rehabilitation contracts for public facilities or other rehabilitation projects funded through the City include provisions for work necessary to eliminate any existing lead based paint hazards on applicable surfaces. If lead hazards are discovered in a residential or a commercial building, the agency responsible for abatement would be the Monterey Bay Air Resources District.

Brochures bringing awareness to the lead based paint danger are available at the Seaside Creates satellite office and on the City Website.

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Actions planned to reduce the number of poverty-level families Public services help the recipients of services save funds that may have been spent otherwise (such as food for homebound seniors, legal services, tutoring or childcare for youth, tenantlandlord assistance, etc).

Actions planned to develop institutional structure
The City will continue to use CDBG Administration funds to implement the Consolidated Plan and Annual Action Plans, address the Analysis of Impediments to Fair Housing, complete annual CAPER reports, and comply with HUD regulations. The City will also continue to support institutions that provide housing and services for low income populations with CDBG Public Services funds, and by providing other forms of support available to the City.

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to support regional planning efforts such as the Leadership Council CoC and the “Lead Me Home” 10 Year Strategy to End Homelessness as well as joining forces with the other CDBG recipient agencies in Monterey County for an analysis of impediments. During the April 5, 2018 City Council meeting, the NAACP and Legal Services for Seniors indicated that they currently provide tenant-landlord assistance in Seaside. ECHO Housing has applied for CDBG funding to institute a presence in Seaside for their tenant-landlord and fair housing services.

Discussion:

The 2022-2023 application cycle increased the number of applicants for funding and the variety of projects and services offered to be provided. The requests far exceeded the funding levels expected.

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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

The City of Seaside CDBG program is focused on low/moderate income persons and the large response to the Notice of Funding Availability serves to illustrate the need for funding to serve this population.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 95% Packet Page 727

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Samantha Alcaraz, Human Resources Analyst
DATE: April 21, 2022
SUBJECT: RECEIVE A PRESENTATION REGARDING THE POLICE CHIEF

RECRUITMENT PROCESS AND TIMELINE (OGLESBY)

RECOMMENDATION
Receive presentation.

BACKGROUND
The Human Resources Department issued a Request for Statements of Qualifications (RFQ) on February 8, 2022, for an executive recruitment firm to assist in the executive search process for a Police Chief. The deadline for submission of the statements of qualifications was February 28, 2022. The City received interest from the following firms:

Koff & Associates, Peckham & McKenney, Bob Murray & Associates, and TB & Recruiting.

The not to exceed project cost proposal ranged in price from $19,400 - $39,000. Upon the review of the proposals, Bob Murray & Associates was selected based on their extensive experience in finding the perfect fit, providing security and fairness to candidates while ensuring the integrity of the search process. The recruiter assisting the Police Chief's search is Adele Frese. Mrs. Adele Frese exercised strong leadership and implemented monumental changes, leading to the diversification of her agency's sworn staff. Adele's commitment to collaboration with the public and law enforcement agencies earned her the Partner of the Year Award from Homeland Security Investigations, and her Department the Community Policing Award from the Community Policing Institute of California. Her knowledge of the community and background experience will contribute to the success of finding the best candidates for the position.

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Item No. 10.A. Page 2 of 2
The full search is completed in 13-16 weeks and the final recruitment schedule will be determined in collaboration with the Human Resources Department. The draft timeline (attached) will become finalized once the community input forum date and time is confirmed.

FISCAL IMPACT
The cost for the Police Chief search process is $24,999. The cost includes additional services, which include the facilitation of a community input/forum and additional background checks of the selected candidates.

ATTACHMENTS

1. Draft Timeline Seaside COP
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 729
Draft Timeline
City of Seaside, Ca – Chief of Police/2022
Task Who Date
Kick off Zoom
HR Sam Sakhrani
Chris and Adele
April 14 11:00 AM
Job description Santee to BMA April 15
Posted to BMA BMA April 19
Draft language BMA to HR
Draft text for PDF/Ads
April 21
City Council BMA April 21
Ad language Approved by HR/CM April 25-26
Ads Placed BMA
Search goes live
Ads run 5 weeks
April 26 - 27
Stakeholder
Input/Townhall
BMA & Seaside Week of May 2 or 9
PDF approval BMA to HR/CM Week of May 2
eMail PDF BMA Week of May 9
Outreach BMA
email PDF sent to 800+
Calls, social media
Ongoing
Weekly updates Adele/BMA to HR/CM After ads placed
CLOSE CLOSE JUNE 6
Complete list BMA send complete
list/zipfile w/resumes
JUNE 10
Public Records BMA on short list for
prelims
Week of June 10
Preliminary Interviews BMA/Adele
Zoom prelims
On-going, concluded by
June 9
Recommended Finalists
(RF)
BMA/Adele Zoom with CM
and HR
*TBD
(June 15 or 17?)
Panel Interviews Zoom first round
BMA/Adele facilitate
TBD
July 1
2 nd round In person, top 2, with CM
Seaside City Hall, HR
facilitate
TBD
References/Background Top 1-2 candidates
BMA
TBD
Offer BMA/HR July/Aug
*will adjust to arrival date of new CM, per City’s preference Packet Page 730
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: April 21, 2022
SUBJECT: CONSIDER APPROVAL OF THE PARKS AND RECREATION

COMMISSIONS RECOMMENDATION FOR ALLOWING

PICKLEBALL AT THE WHEELER STREET TENNIS COURTS

RECOMMENDATION
Provide staff direction regarding the use of the Wheeler Street Tennis Courts for Pickleball.

BACKGROUND
On November 17, 2019, staff received an email from a resident to be read into the record during public comment for the November 18, 2019, Parks and Recreation Commission meeting. The email had three objectives that they wanted the commission to review and consider.
 Having pickleball added to the future plans for the Parks and Recreation Department.
 Have Pickleball allowed on a trial basis, with temporary lines on the tennis courts.
 Potentially, we have permanent lines added to the tennis courts that would allow two pickleball courts on each tennis court.

On Monday December 16, 2019, there was an item on the Parks and Recreation Commissions agenda to discuss Pickleball as a possible use at the Wheeler Street tennis courts. Members of the pickleball community attended this meeting and provided information about the sport, and what they would like to see in the future. They stated that pickleball is a healthy outdoor activity that is one of the fastest growing sports in the country within the senior community. Pickleball is played on a badminton-sized Packet Page 732

Item No. 10.B. Page 2 of 4
court with a 36" high net, and it can also be played indoors if space allows. The group then went over their 3 objectives and stated that items one and three on their list were long-term objectives with number two being the starting point. They also stated that during the trial period, players would use painters' tape to mark off the lines while using the existing tennis net. There was also discussion about the sign that is currently posted at the Wheeler Street tennis courts that states "Only tennis is allowed on Tennis Courts." After the discussion, the Commission voted to recommend to the City Council to allow Pickleball on all four courts Monday-Sunday with a temporary sign allowing the use for a trial period of 6 months. Also, allowing players to lay down painter's tape to line the courts and remove the tape when finished. However, during the agenda setting process for the Parks and Recreation Commission for the January 2020 meeting, the Chair of the Commission wanted to revisit the recommendation from the previous meeting and added the item back to the agenda to open the discussion back up after hearing about some of the challenges that neighboring cities were having with Pickleball.

At the January 13, 2020, Commission meeting, another discussion took place about some potential concerns about pickleball. They discussed the potential challenges of parking and the noise level. After the discussion, the commission voted to modify the initial recommendation of allowing Pickleball to use all four of the tennis courts everyday of the week, to the new recommendation of limiting the use to two of the courts on Wednesdays, Fridays, and Sundays for a trial period of six months. After the six-month trial period, the Commission solicited input from the neighbors surrounding the tennis courts, and the tennis patrons, to get feedback on playing pickleball on the tennis courts to use to determine the next steps for pickleball at the Wheeler Street tennis courts.

At the February 6th, 2020, City Council meeting, the City Council voted to approve the Parks and Recreation Commission's recommendation to allow pickleball on a trial basis at the Wheeler Street Tennis courts for six months. Shortly after the approval, the COVID 19 Pandemic hit the country. During this time, state and county officials issued a shelter in place order which required the closure of park amenities including tennis courts. The tennis courts remain closed until September of 2020. When the courts were able to re-open, they were limited to singles play only, and had limitations on the number of people allowed on the courts. The courts were able to be fully opened with limited restrictions when Monterey County entered the Red Tier in March 2021. Since there was a prolonged closure because of the pandemic, the trial use period was extended.

On April 19, 2021, the Parks & Recreation Commission held a special meeting to revisit Pickleball's trial use period. In an effort to solicit feedback from the residents and other users of the tennis courts. A letter was sent out to residents who live within a 300-foot radius of the courts informing them about the special meeting and the ways to participate and provide feedback. Fliers were also posted at the tennis courts with Packet Page 733

Item No. 10.B. Page 3 of 4
information about the meeting and the ways to participate. At the meeting, there was a good discussion about the trial period with a lot of feedback that was both for and against the use of pickleball on the tennis courts. The residents' main issues with pickleball are the increased traffic in the neighborhood along with limited parking, which caused the users of the courts to park in front of houses and in some cases blocking driveways. There was also a lot of concern about the number of people coming to the courts, and not abiding by the approved days. The noise level of the game, and the increased amount of garbage around the courts were also a concern of the residents.

The pickleball players who are local residents as well as players from other cities were very appreciative for allowing them to use it. They love the location and said it has been a welcome addition to the rotation of courts they can play at on the peninsula.

After the discussion, the Commission voted unanimously to recommend to the City Council to extend the trial period for Pickleball for another year.

On May 20, 2021, the Commission's recommendation was presented to the Council.

There were numerous public comments on the item that were either for or against the use of Pickleball on the courts. The City Council voted 4-1 to approve the Commission's recommendation to extend the trial period for Pickleball for an additional year. The one caveat of the approval was that tournaments were not allowed to be played on the courts. The year extension would end on May 20, 2022.

On March 21, 2022, the Parks & Recreation Commission held a special hybrid meeting to review Pickleball's trial use period. In an effort to solicit feedback from the residents and other users of the tennis courts. A letter was sent out to residents who live within a 500-foot radius of the courts informing them about the special meeting and the ways to participate and provide feedback. This was a larger radius for the notifications than what was done prior. This was done to try and get as much participation as possible.

At the meeting, there was a good discussion about the extended trial period with a lot of feedback. Overall, there were 15 people who provided public comments in person, and 2 were on Zoom. Staff also received several public comment emails prior to the meeting. While the majority of the comments were pro Pickleball, there were still some residents who were against it. The residents' main issues with pickleball are the increased traffic in the neighborhood along with limited parking, which is causing the users of the courts to park in front of houses and in some cases blocking driveways.

There was also a lot of concern about the number of people coming to the courts. The noise level of the game, and the increased amount of garbage around the courts were also a continued concern of the residents. The pickleball players who are local residents as well as players from other cities were very appreciative for allowing them to use the courts over the last year. They love the location and said it has been a welcome addition to the rotation of courts they can play at on the peninsula.

After the discussion, the commission voted unanimously to recommend the following to the City Council:
 Open up the Wheeler Street Tennis Courts everyday of the week for pickleball Packet Page 734

Item No. 10.B. Page 4 of 4
between the hours of 8am - sunset.
 Add more trash cans and the courts.
 Strip all the courts for pickleball.
 Provide signage of what the rules are.
 Provide signage that states City programs will have priority use of the courts.

Alternatives to consider:
 Adopt the Park and Recreation Commission's recommendations.  Modify the Park and Recreation Commission's recommendations to limit days/hours/number of courts to be used.
 Adopt some of the Park and Recreation Commission's recommendations.  Eliminate Pickleball at the Wheeler Street Tennis Courts.  Any combination of the options above and direct staff to evaluate other potential locations, including Cutino Park.

FISCAL IMPACT
Upon approval, the estimated fiscal impact would be $5,000 - $10,000, to stripe all of the courts with lines for Pickleball.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 735

CITY OF SEASIDE

STAFF REPORT
Item No.: 10.C.

TO: City Council
FROM: Roberta Greathouse, Acting City Manager
BY: Roberta Greathouse, Human Resources Director/Risk Manager DATE: April 21, 2022
SUBJECT: ADOPT A RESOLUTION APPROVING A LICENSE TO WOWEE

CANNA TO ESTABLISH A NEW MEDICAL/ADULT

RECREATIONAL CANNABIS RETAIL OPERATION LOCATED AT
1605/1609 SANTA BARBARA STREET

RECOMMENDATION
Adopt a resolution approving a license to Wowee Canna to establish a new medical/adult recreational cannabis retail operation located at 1605/1609 Santa Barbara Street.

BACKGROUND
In September of 2017, the City passed regulations allowing the sale, distribution, and cultivation of medical and adult-use cannabis at a limited number of locations in the City. The City Council subsequently amended the ordinance on multiple occasions.

Some of the notable changes include:
 an increase in the total number of available permits,  a requirement that applicants apply for a conditional use permit,  the adoption of selection criteria by resolution and not by ordinance, and  a reduced buffer distance between dispensaries.

The latest amendment to the ordinance, adopted April 2021, increased the license cap from six to eight licenses: "the total number of conditional use permits shall not exceed five valid dispensaries of each type within the West Broadway Urban Village and a total of three dispensaries of each type City-wide not located in the West Broadway Urban Village." During the regular meeting of January 20, 2022, the City Council adopted the resolution identifying selection criteria for additional cannabis retail shops. After Packet Page 736

Item No. 10.C. Page 2 of 3
adoption, staff began the application process with a request for proposal ending February 28, 2022.

The new application process and selection criteria were created using available best practices with business friendliness, transparency, and fairness as paramount values.

Applicants were required to submit application materials together in one complete comprehensive application as a .PDF package. Prior to an application being evaluated and ranked using the criteria, an application must have been deemed complete. The City received an application from Wowee Canna which was evaluated according to the adopted criteria:
(a) Cannabis Dispensary License Application;
(b) Financial Responsibility, Indemnity, and Consent to Inspection Terms Agreement; (c) Agreement on Limitations of City’s Liability and Indemnification to City; (d) Application fee and Background Check fee(s);
(e) Business Owner Acknowledgment Agreement;
(f) Proof of Property Owner Consent/Landlord Affidavit; and (g) Proof of Insurance or letter of insurability from the Insurance Company.

The application was carefully vetted by the City to ensure accuracy and security. The applicant received exemplary ratings for their security plan. Specific details of the security plan was limited to the Seaside Police to maximize public safety. A summary of the application follows. If approved for a license, the applicant would take the next step of applying for a conditional use permit before the Planning Commission.

The proposed business is located at 1605/1609 Santa Barbara Street, Seaside, CA, 93955, APN# 001-545-001. The proposed site is located in the mixed-use (MX) zone of the West Broadway Urban Village Specific Plan. The location consists of two combined retail spaces, 1,692 sq. ft. is an existing building with 5 occupied tenants. Application included a Zoning Conformation Letter, accurate site diagram and street view photographs. Tenant improvements included window replacement, new awnings, paint, and refacing the existing structure. Signs will comply with 17.40.

The safety plan was developed by a professional fire prevention and suppression consultant. The plan described potential hazards and provided a diagram of fire extinguisher locations, emergency exits, and alarm locations. All accidents will be immediately reported to management and the proper accident procedure implemented.

Waste management procedures and locations were clearly described and all cannabis waste will be rendered unusable and unrecognizable.

The security plan was developed by a professional security consultant which was in line with state regulations. A premises diagram identified 14 camera locations and the diagram clearly identified the use of each area. The proposed facility will be a limited cash location and delivery vehicles will be equipped with a GPS monitoring system. An Packet Page 737

Item No. 10.C. Page 3 of 3
on-site guard will be present during business hours. A complete outline of ongoing training for fire/security was provided in the application.

All employees will be encouraged to complete a minimum of 40 hours per year of community service. The applicant stated a contribution commitment of 2% annual gross income to local non-profits, Partnership of Youth, and Friends of Seaside Park Association. The proposed business will commit to actively engaging with the local community.

FISCAL IMPACT
None. There is potential future impact should the licensee complete a Conditional Use Permit.

ATTACHMENTS

1. Resolution

2. Wowee Canna Application
Reviewed for Submission to the City Council by:
__________________________________
Roberta Greathouse, Acting City Manager
Packet Page 738
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING A LICENSE TO WOWEE CANNA TO ALLOW A MEDICAL/ADULT RECREATIONAL CANNABIS RETAIL OPERATION LOCATED AT 1605/1609 SANTA BARBARA STREET (APN# 001-545-001) IN THE MIXED-USE (MX)

ZONE OF THE WEST BROADWAY URBAN VILLAGE SPECIFIC PLAN
WHEREAS, in November 2016, voters in the State of California approved Proposition 64 – Adult Use of Marijuana Act, which legalized the recreational use of cannabis; and
WHEREAS, the City of Seaside approved SMC 19 Cannabis in 2017 to allow for legal adult and medical cannabis dispensaries; and
WHEREAS, in December 2017, the City of Seaside approved six adult and medical-use cannabis dispensaries; and
WHEREAS, on April 1, 2021, the City of Seaside approved updating SMC 19 text to increase cannabis dispensaries, not to exceed five in the West Broadway Urban Village specific plan area and not to exceed three outside the West Broadway Urban Village specific plan area (it is anticipated dispensaries will be both medical and adult); and WHEREAS, in March and April, 2021, the City of Seaside stated that additional dispensary applications are not to be accepted until the Council indicates to do so at a time in the future; and
WHEREAS, on April 1, 2021, the City of Seaside passed to print an amendment to SMC 19.08.010.B and on April 1, 2021, the City of Seaside adopted amendment to SMC 19.08.010.B which requires that the criteria for dispensary selection to be established by resolution; and
WHEREAS, the Seaside City Council adopted a new application process and selection criteria by resolution for additional cannabis retail shops at a duly noticed public meeting held on January 20, 2022; and
WHEREAS, the new application process and selection criteria were created using available best practices with business friendliness, transparency, and fairness as paramount values; and
WHEREAS, the City published the selection criteria and the notice of available licenses in a request for proposal on the official City website ending February 28, 2022; and
Packet Page 739
WHEREAS, the City received an application for a License from Wowee Canna to allow the establishment of a Medical/Adult Recreational Cannabis Retail operations at 1605/1609 Santa Barbara Street (APN# 001-545-001); and
WHEREAS, the City has reviewed and evaluated according to the adopted criteria, and found Wowee Canna to have scored above the required 90% threshold; and WHEREAS, the Seaside City Council has weighed the merits of the Wowee Canna application and reviewed the summary provided by staff at a duly noticed public meeting; and
NOW, THEREFORE, BE IT RESOLVED, that the Seaside City Council approve a license to allow a Medical/Adult Recreational Cannabis Retail Operation to Wowee Canna.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, duly held on the 21st of April, 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
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