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: $67,734
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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:
$12,086 - Legal Services for Seniors
$12,086 - Greater Victory Temple
$12,086 - Girls Inc of Central Coast
$9,390- Eden Council for Hope and Opportunity
$12,086 - Meals On Wheels of Monterey Peninsula
$10,000– Gathering for Women
Target Date 6/30/2024
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: $43,832
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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 6/30/2024
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 282
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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 283
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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 287
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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 289
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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 2022-2024 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 292
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CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing.
Uniform Relocation Act and Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs.
Anti-Lobbying --To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations.
Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction’s consolidated plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 75.
Signature of Authorized Official Date
Title
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Specific Community Development Block Grant Certifications The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (i.e., the development of viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570.
Following a Plan -- It is following a current consolidated plan that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDBG Certification).
2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) _________________________[a period specified by the grantee of one, two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period.
3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds.
In addition, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.
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Compliance with Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations.
Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R.
Compliance with Laws -- It will comply with applicable laws.
Signature of Authorized Official Date
Title
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OPTIONAL Community Development Block Grant Certification Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified in 24 CFR 570.208(c):
The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBGassisted activities which are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs.
Signature of Authorized Official Date
Title
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Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If it plans to provide tenant-based rental assistance, the tenant-based rental assistance is an essential element of its consolidated plan.
Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR §§92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in §92.214.
Subsidy layering -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature of Authorized Official Date
Title
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Emergency Solutions Grants Certifications
The Emergency Solutions Grants Program recipient certifies that:
Major rehabilitation/conversion/renovation – If an emergency shelter’s rehabilitation costs exceed 75 percent of the value of the building before rehabilitation, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation.
If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion.
In all other cases where ESG funds are used for renovation, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation.
Essential Services and Operating Costs – In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter, the recipient will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure, so long the recipient serves the same type of persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or persons in the same geographic area.
Renovation – Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary.
Supportive Services – The recipient will assist homeless individuals in obtaining permanent housing, appropriate supportive services (including medical and mental health treatment, victim services, counseling, supervision, and other services essential for achieving independent living), and other Federal State, local, and private assistance available for these individuals.
Matching Funds – The recipient will obtain matching amounts required under 24 CFR 576.201.
Confidentiality – The recipient has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter.
Homeless Persons Involvement – To the maximum extent practicable, the recipient will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, in providing services assisted under the ESG program, and in providing services for occupants of facilities assisted under the program.
Consolidated Plan – All activities the recipient undertakes with assistance under ESG are consistent with its consolidated plan.
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Discharge Policy – The recipient will establish and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons.
Signature of Authorized Official Date
Title
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Housing Opportunities for Persons With AIDS Certifications The HOPWA grantee certifies that:
Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources.
Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the consolidated plan:
1. For a period of not less than 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility,
2. For a period of not less than 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure.
Signature of Authorized Official Date
Title
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APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION:
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.A.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: April 20, 2023
SUBJECT: DISCUSS WEST BROADWAY URBAN VILLAGE SPECIFIC PLAN
IMPLEMENTATION
RECOMMENDATION
Discuss the West Broadway Urban Village Specific Plan implementation and potential revitalization efforts.
BACKGROUND
The West Broadway Urban Village Specific Plan (WBUVSP) was originally adopted by the Seaside City Council on January 21, 2010. The Specific Plan has a goal to "create a pedestrian-friendly Urban Village that offers a mix of market-rate and affordable forsale and rental residences with ground floor retail and commercial uses." The express purpose of the plan is to establish the West Broadway area as the City's "new downtown, strengthening the Seaside community by developing a strong urban core.
Objectives of the Specific Plan include:
• Create strong linkages between activity centers within the City of Seaside and throughout the Monterey Peninsula;
• Define a unified, well-defined urban core that is a destination for residents, visitors, businesses, and shoppers; and
• Provide diverse housing opportunities
The attached Figure 5-1 from the Specific Plan shows the boundaries of the Specific Plan as well as several key features of the West Broadway Urban Village envisioned by the plan. As noted on the map, the plan primarily envisions a mixed-use (ie commercial/retail ground level with residential above) along Broadway, with highdensity and medium-density residential in the surrounding area.
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Item No. 10.A. Page 2 of 3
There have been two significant events which have made implementation of the Specific Plan more challenging. The first of these is the moratorium on new water meters within the Cal Am water service area. This moratorium was initially issued in 2009, but was still being litigated in early 2010 when the Specific Plan was adopted.
The moratorium prevents the installation of new water meters, which is a significant impediment to new development. The second event was the elimination of Redevelopment Agencies by the State of California, which took effect February 1, 2012 and eliminated a valuable tool for financing some of the larger projects envisioned in the Specific Plan.
Despite these challenges, the City has continued to make efforts to revitalize the area.
The most obvious activity which has taken place within the Specific Plan area is the redevelopment of Broadway Avenue, which was partially funded with a grant from the Transportation Agency of Monterey County (TAMC). This project narrowed Broadway from two lanes each direction to one lane, added bike lanes, and significantly expanded the sidewalk area and added planters and storm drain improvements. Construction began in 2017 and was completed in 2018. The City later followed up on these improvements by adopting 2-hour parking along Broadway.
In 2018, the City opened Seaside Creates and relocated Economic Development and Planning functions there with the intention of providing a more accessible point of contact with the nearby community.
More recently, the City has put forward several programs to promote the economic vitality of the West Broadway area, including:
• Creation of the Facade Local Improvement Program ("FLIP") grant program in 2021, which provides reimbursement to businesses that make improvements of their business facades, such as new paint, architectural features, signs, etc. $150,000 was originally allocated to the program Citywide, with nearly $103,000 disbursed and/or approved and additional applications pending as of this date. • In 2021 the City also commissioned DKS Associates to perform a parking analysis of West Broadway to assess parking needs and opportunities. The Report was delivered in 2022.
• The City purchased properties located at the corner of Contra Costa and Broadway Avenue (490 Broadway) as well as properties at 1569-1571 Del Monte in 2022. Since then, the City has resealed and restriped the parking lot at 490 Broadway, has removed existing foundations and paving at 1569-1571 Del Monte, and in January 2023 the Council designated the properties as Municipal Parking Lots 1 and 2, respectively, and established a parking program to allow for the parking lots to be utilized to support mixed-use housing projects on nearby properties.
• In January 2022 the City established an Outdoor Dining Program to enable restaurants located along West Broadway to take advantage of Seaside's climate by placing seating areas ("parklets") within parking spaces or on the sidewalk.
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Item No. 10.A. Page 3 of 3
• In 2022 the City Council approved the Broadway Walk of Fame Policy, which allowed for the installation of stars along West Broadway celebrating Seaside residents which have had a significant impact in the community. The first set of stars was recently installed in February 2023.
FISCAL IMPACT
No fiscal impact.
ATTACHMENTS
1. West Broadway Land Use Map
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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West Broadway Urban Village Specific Plan
Specific Plan Land Use Designation Map
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.B.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nick Borges, Acting Police Chief
DATE: April 20, 2023
SUBJECT: ANNUAL REPORT AB 481 REGARDING THE POLICE
DEPARTMENTS ACQUISITION AND USE OF MILITARY
EQUIPMENT
RECOMMENDATION
Annual report of the ordinance regarding the police department's acquisition and use of military equipment in accordance with State law (AB 481); and approve the military use policy.
BACKGROUND
On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law.
Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481.
The text of AB 481 and the above-mentioned California Government Codes are attached to this Staff Report for reference. AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.
The governing body for the City of Seaside is the City Council. On April 21, 2022, City Council approved the ordinance. The bill allows the City Council to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the City Council to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment
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Item No. 10.B. Page 2 of 2
FISCAL IMPACT
No fiscal impact.
ATTACHMENTS
1. Ord 2014 AB 481
2. AB 481
3. AB 481 Military Equipment
4. Military_Equipment
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing
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additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) 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.
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(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(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.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
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or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (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. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(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. (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.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
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authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(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 territorial jurisdiction of the governing body.
(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 pursuant to this chapter.
(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 by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
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the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) 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. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
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to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) 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. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
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(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
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result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
O
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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 322
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 323
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 324
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 325
Policy Manual
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.
Published with permission by Seaside Police Department ***DRAFT*** Attachments - 5 Attachments
Packet Page 326
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 327
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 328
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 329
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 330
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 331
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 332
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 333
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 334
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 335
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 336
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 337
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 338
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 339
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 340
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 341
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 342
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 343
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 344
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 345
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 346
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 347
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 348
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 349
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 350
Policy
710
Seaside Police Department
Policy Manual
Copyright Lexipol, LLC 2023/04/05, 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 351
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/05, 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 Police will 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 352
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/05, 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 353
Seaside Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/05, 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 354
Policy Manual
Copyright Lexipol, LLC 2023/04/05, All Rights Reserved.
Published with permission by Seaside Police Department ***DRAFT*** Attachments - 5 Attachments
Packet Page 355
Attachment
Policy Manual
Copyright Lexipol, LLC 2023/04/05, 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 356
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 357
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 358
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 359
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 360
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 361
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 362
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 363
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 364
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 365
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 366
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 367
Attachment
Policy Manual
Copyright Lexipol, LLC 2023/04/05, 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 368
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 369
Attachment
Policy Manual
Copyright Lexipol, LLC 2023/04/05, 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 370
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 371
Attachment
Policy Manual
Copyright Lexipol, LLC 2023/04/05, 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 372
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 373
Attachment
Policy Manual
Copyright Lexipol, LLC 2023/04/05, 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 374
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 375
Attachment
Policy Manual
Copyright Lexipol, LLC 2023/04/05, 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 376
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 377
Attachment
Policy Manual
Copyright Lexipol, LLC 2023/04/05, 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 378
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 379
CITY OF SEASIDE
STAFF REPORT
Item No.: 10.C.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Alexia Garcia, Housing Program Manager
DATE: April 20, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE UPDATED SEASIDE
CALHOME ADU LOAN PROGRAM GUIDELINES AND AUTHORIZE
THE SUBMITTAL TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
RECOMMENDATION
Adopt a resolution approving the updated City of Seaside CalHome ADU Loan Program Guidelines and authorize City Staff to submit them to the California Department of Housing and Community Development (HCD).
BACKGROUND
On July 15th, 2021, the California Department of Housing and Community Development (HCD) approved the City of Seaside's $1 million application under HCD's CalHome Program. The $1 million grant is slated for the implementation of a local CalHome ADU Loan Program. The grant funds will be allocated to ten Seaside homeowners in the form of ten $100,000 interest-free loans for the construction or rehabilitation of ten accessory dwelling units (ADUs). The program includes the following key requisites:
• Borrowers must be Seaside residents and reside in the primary dwelling unit or the ADU 10 out of 12 months per calendar year.
• Borrowers must have a gross household income at or below 80% of the Area Median Income (AMI). A complete schedule of income thresholds can be found under "Attachment A" of the updated program guidelines (Attachment 1). • Rent must not exceed 30% of the tenant’s household gross income to meet state and federal affordability requirements. Borrowers must rent the accessory dwelling unit (ADU) to a household with a gross income at or below 80% AMI, provided there is not a pre-existing tenant. If there is a pre-existing tenant, the subsequent tenant is required to be income qualified.
Packet Page 380
Item No. 10.C. Page 2 of 2
The City has three years from the date of contract execution to expend 95% of its awarded funds. Projects funded by the grant must be built and completed July 2024.
Due to staff turnover and delays caused by the Covid-19 Pandemic, outreach and program implementation was not yet begun. If 95% of the award is not spent by July 2024, the City's future state housing grant applications will be penalized. To adhere to the program deadline, projects will be considered if they can demonstrate that construction can be completed by July 2024 and applicants must be in the process of applying for a building permit, have a building permit issued or be an unpermitted ADU that can meet the construction timeline and standards.
The updated program guidelines (Attachment 1) address a wider set of program considerations ranging from program eligibility to construction and leasing of the unit.
The guidelines incorporate HCD requirements, prior direction from the City Council, and best practices from comparable homeownership programs. City Staff will conduct extensive community outreach, including reaching out to interested parties on the existing ADU water allocation waitlist.
FISCAL IMPACT
None.
ATTACHMENTS
1. Updated Program Guidelines
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 381
19-CALHOME-14629-ADU
1 CALHOME ACCESSORY
DWELLING UNIT PROGRAM
GUIDELINES
Packet Page 382
19-CALHOME-14629-ADU
2 I. Program Overview................................................................................................................................3 Non-Discrimination Requirements ...........................................................................................................4 Anti-Displacement Policy and Relocation Policy.......................................................................................4 II. Program Applicant Borrower Eligibility ................................................................................................4 III. Property Eligibility.............................................................................................................................5 IV. Loan Terms, Amount, and Rate ........................................................................................................5 Eligible and Ineligible Costs ......................................................................................................................5 CalHome ADU Loan Payment Schedule....................................................................................................6 V. Program Application Process................................................................................................................6 Borrower Application ...............................................................................................................................6 Representations....................................................................................................................................7 Program Approval.................................................................................................................................7 VI. Construction Process ........................................................................................................................7 Construction Requirements......................................................................................................................7 Contractor Selection.................................................................................................................................7 Pre-Construction Conference ...................................................................................................................7 Notice to Proceed/Permission to Proceed (Permit) .................................................................................8 Work Inspections......................................................................................................................................8 Pre-Closing Assessment............................................................................................................................8 VII. Closing Process .................................................................................................................................8 Loan Funding Requirements.....................................................................................................................8 Title Requirements ...................................................................................................................................9 Insurance ..................................................................................................................................................9 Program Documents.................................................................................................................................9 Closings and Record Retention...............................................................................................................10 VIII. Ownership Requirements and Guidelines ......................................................................................10 Annual Monitoring..................................................................................................................................10 Owner Occupancy...................................................................................................................................10 Tenancy ..................................................................................................................................................10 Affordable Rent ......................................................................................................................................11 Title Transfers .........................................................................................................................................11 Requests for Refinance/Subordination ...............................................................................................12 Attachment A: Monterey County Area Median Income.............................................................................12 Packet Page 383
19-CALHOME-14629-ADU
3 Attachment B: Household Income Eligibility and Determination – Borrowers & Tenants.........................13 Attachment C: Ability to Repay Policy ........................................................................................................16 Attachment E: CalHome Reuse Plan...........................................................................................................17 Attachment F: Annual Monitoring and Loan Servicing Policies and Procedures........................................17 Annual Occupancy Monitoring ...............................................................................................................17 Annual Landlord and Tenant Monitoring ...............................................................................................17 Annual Review of Hazard and Flood Insurance ......................................................................................17 Timely Payment of Property Taxes and Assessments ............................................................................18 Accounting for Repayment of Loans.......................................................................................................18 Properly Calculating Payoffs ...................................................................................................................18 Processing Demands...............................................................................................................................18 Attachment G: Rental Guidelines ...............................................................................................................19 Landlord, Tenant, City Roles and Responsibilities ..................................................................................19 Lease Agreements ..................................................................................................................................19 Affordable Rent Rate ..............................................................................................................................19 Annual Tenant Income Certification.......................................................................................................19 I. Program Overview
City of Seaside (“City”) entered a contractual relationship with the California Department of Housing and Community Development (“HCD”) to administer the CalHome Accessory Dwelling Unit (ADU) Loan Program (“Program”) described herein. The Program provides thirty (30) year non-performing loans to eligible occupant homeowners to renovate, rehabilitate or construct ADU’s1 to rent to low-income tenants at an approved affordable rent.
The Program is available to homeowners whose gross household income does not exceed 80% of Monterey County’s Area Median Income (AMI) adjusted by household size. The maximum loan (“Loan”) amount per Borrower is $100,000.
Insert Income Chart?
The Program is administered under the City’s ADU Building Permit Process, Ordinance No. 2023 of the Municipal Code of the City of Seaside, and these Guidelines.
The Guidelines are interpreted under Chapter 6 (commencing with Section 50650) of Part 2 of Division 31, Health and Safety Code (HSC), which establishes the CalHome Program administered by HCD, Chapter 365 (commencing with Section 54000) of Part 16 of Division 31, 1 An Accessory Dwelling Unit/ADU is a separate dwelling unit containing living, sleeping, kitchen, and sanitation facilities located on a site within a residential zone that already contains one legally created dwelling unit.
Packet Page 384
19-CALHOME-14629-ADU
4 HSC. Therefore, in the event of any discrepancy between the Guidelines and the CalHome Regulations, the CalHome Regulations will govern.
Non-Discrimination Requirements
All outreach efforts will be done in accordance with state and federal fair lending regulations to assure nondiscriminatory treatment, outreach, and access to the Program. No person shall, on the grounds of age, ancestry, color, creed, physical or mental disability or handicap, marital or familial status, medical condition, national origin, race, religion, gender or sexual orientation be excluded, denied benefits, or subjected to discrimination under the Program. The Fair Housing Lender logo will be placed on all outreach materials. All marketing materials will be published, and events will occur in English and Spanish.
Anti-Displacement Policy and Relocation Policy
It is not anticipated that the implementation of the Program will result in the displacement of any persons, households, or families. Tenant qualification requirements that are made a part of this program, will not be imposed on any existing tenants that are currently under any type of leasehold agreement at the time of Borrower’s Program Application and participation, without limitation. If for any reason, tenant relocation becomes necessary, the owner Borrower will be required to carry out any relocation in compliance with all applicable State relocation laws.
II. Program Applicant Borrower Eligibility
1. The City’s CalHome ADU Loan is available to homeowners whose income does not exceed 80% of the Area Median Income (AMI) adjusted by household size.
2. Housing Cost Ratio (which includes mortgage principal and interest, property taxes, mortgage insurance, homeowners insurance, and homeowner’s association dues) shall not exceed 40% of monthly gross income. In all cases, the City will strive to ensure the homebuyers’ housing ratios are lower than this maximum threshold.
3. Total Debt to Income Ratio (all misc. debts including but not limited to current mortgage, car notes, credit cards and support payments) shall be no greater than 45% unless compensating factors can be demonstrated.
4. Allowable Loan to Value Ratio: When combined with all other indebtedness secured by the property, may not exceed 100% of the pre-improvement value or 80% of the postimprovement value of the property, whichever is smaller. The post-improvement value shall be determined using recent comparable sales data for similar homes in proximity to the subject property. The Program’s Borrower may also provide the City with a recently obtained (i.e., within 90 days) appraisal of the post-improvement value of the property if available. At the time of application, the after-improvement value cannot exceed the current median sales price, as published by the California Association of Realtors for the County of Monterey.
5. Credit Worthiness: A minimum credit score of 620 is necessary to qualify for the Loan. In the event the Applicant is not applying for a new first mortgage, second mortgage or home Packet Page 385
19-CALHOME-14629-ADU
5 equity line of credit (“HELOC”), the Applicant will be required to prove creditworthiness by a means acceptable to the City.
6. Applications demonstrating that the final building inspection will be approved by July 2024 will be prioritized.
7. The Borrower must be in the process for applying for a building permit, have a building permit issued or be an unpermitted ADU that can meet the construction timeline and standards.
III. Property Eligibility
The after-rehab value of a home assisted with the Loan cannot exceed 100% of the current median sales price of a single-family home for the County of Monterey, as published by the California Association of Realtors. The current medians sales price (April 2023) is $775,000.
Seaside will permit the following properties to be eligible for the Loan:
1. A single-family home, attached or detached, whose lot is within a residential or mixed- use zoning district and includes one proposed or legally created dwelling; OR
2. A single-family home attached or detached that currently has a non-permitted detached building structure.
IV. Loan Terms, Amount, and Rate
All loans shall be made in the form of a deferred payment (interest and principal) loan. Interest will accrue from recordation of the Deed of Trust at a rate of 0%, with a balloon payment at the end of thirty (30) years.
The Loan is not assumable. Balance is immediately due and payable upon a change in occupancy.
The Borrower may voluntarily prepay all or any portion of the Loan at any time without penalty.
Eligible and Ineligible Costs
Eligible costs
• Cost of construction, reconstruction, repair, conversion or rehabilitation; • Cost of structural modifications to the existing home necessary to accommodate an ADU cost of building permits and other related public agency fees, including all fees necessary to build and occupy an ADU;
• Cost of an appraisal, architectural, engineering, and other consultant services that are directly related to planning or construction;
• Non-recurring Loan closing costs.
Ineligible costs
A CalHome ADU Loan may not be used for the following activities:
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6 • Cost of installing, replacing or renovating the Main Dwelling, except as directly connected to the ADU physically or functionally;
• Costs directly or indirectly related to the planning or construction of the ADU which have been or will be reimbursed through another resource, such as waived fees.
CalHome ADU Loan Payment Schedule
The total loan amount shall be divided into three distinct components with a not-to- exceed amount for each and in no case shall exceed the maximum loan amount of $100,000:
1. 25% upon Roof and Shear (Structural) Inspection Approval
2. 25% upon Framing (rough trades) Inspection Approval
3. 15% upon Drywall Inspection Approval
4. 35% upon Final Inspection Approval
V. Program Application Process
Interested homeowners with eligible properties will attend an informational meeting to learn about the Program.
1. Eligible/Interested homeowners will complete a program application to determine program and property eligibility.
2. The City will review complete applications in the order they are received.
3. The City will determine preliminary program (Section III) and property eligibility (Section IV).
4. The City will conduct a preliminary site assessment for properties that meet the minimum standards.
5. The City Staff makes determination of qualifications.
6. The City will issue final approval once the program and property site eligibility can be determined.
Borrower Application
All applicants will be required to submit the following to apply for the Program:
• Program application including all current debt liabilities. • Valid form of identification
• Most recent property tax bill
• Recent utility bill
• 2 Years Federal 1040 tax documents
• Current mortgage statement(s)
• Income and asset documentation
• Proof of financial capacity (preapproval letter from lender or proof of funds) • Work Write up and Bid Package from Selected General Contractor • Provide City access to a Site Evaluation
• A Real Property Inspection Disclosure Report from the City • Cost Estimate/Proposal with estimated completion date from Contractor • Any other necessary item to determine site feasibility as required by City.
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7 Representations
Any subsequent discovery by the City of fraudulent or untruthful representations by an applicant either in the original application process or during the program qualification process will disqualify the applicant from receiving program funds.
Program Approval
The City Manager and Seaside Loan Committee will be responsible for issuing final approvals for all ADU loans.
VI. Construction Process
Construction Requirements
Construction must be completed by July 2024.
The ADU shall be constructed pursuant to the terms of the City’s ADU Guide, Ordinance #, Program Documents, and comply with all applicable laws, regulations, and rules of all governmental agencies having jurisdiction.
The Borrower shall be responsible for securing or causing to be secured all permits, licenses and approvals which may be required by the City having jurisdiction over the Borrower's property and ADU construction.
Nothing in these Guidelines shall represent, warrant, or guarantee that the City shall approve any permits, applications, plans, drawings, or other documents or submittals for the Project and homeowner assumes the risk thereof.
Contractor Selection
Upon the Borrower's selection of a contractor, the Borrower shall execute a construction contract directly with the contractor using standard documents substantially in a form approved by the City and in compliance with the CalHome Standard.
The selected contractor must be actively licensed by and bonded with the California State Licensing Board (CSLB). The contractor must have insurance in accordance with City- required limits, listing the Property address and naming the City and the Borrower as additional insured.
The construction contract shall include a start and completion date (If possible, framing must be complete by December 2023), payment schedule, and a clause that specifies that any extra work must be agreed to in writing and approved by City and Borrower. The construction contract shall also specify that construction may not commence until the City issues a Notice to Proceed. This contract shall be executed concurrently with the Program Documents.
Pre-Construction Conference
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8 Prior to the start of construction of the ADU, the City or its designee shall lead a preconstruction conference with the Borrower, the selected contractor, and any sub-contractors to develop a construction schedule, select materials, and review the terms of the contract.
Notice to Proceed/Permission to Proceed (Permit)
No construction on the ADU may commence until the City has issued the Notice to Proceed.
Work Inspections
The City shall inspect any work performed under the Program to ensure the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, any applicable construction contract, and the CalHome Standard Agreement with the Department of Housing and Community Development. All work found by such inspections not conforming to the applicable requirements shall be corrected, and payment withheld to the contractor or subcontractor until it is so corrected.
Additional inspections may occur at other times in the construction process as deemed appropriate by the City and with authorization of the Borrower. Additional inspections include:
1. Under slab plumbing
2. Foundation and setbacks
3. Floor nailing (two-story structures)
4. Roof sheathing and shear wall (structural)
5. Framing – (rough trades) electrical, mechanical, plumbing, stucco lath/siding, Title 24 energy envelope (weather protection)
6. Insulation
7. Drywall nailing and gas pressure test
8. Shower pan liner
9. Final – electric and gas meters
Pre-Closing Assessment
Prior to the closing of the Loan, the City shall complete an assessment of the Property which includes pre-design plans, cost estimates, and financing options. During this time, the City shall assist the Borrower and Contractor to finalize a Scope of Work based on this assessment and facilitate communication with potential contractors.
VII. Closing Process
Loan Funding Requirements
Borrowers will be required to comply with the following requirements prior to the funding of a CalHome loan.
• Borrower shall provide the City evidence in such form as required by the City that sufficient funds are available and committed to cover the additional costs Work Write up and Bid Package from Selected General Contractor
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9 • Proof selected General Contractor is licensed by the Contractors’ State License Board and that they maintain Workers’ Compensation and Employer Liability insurance to the extent required by State law.
• Initial Real Property Inspection Disclosure Report (existing unpermitted ADU’s) or Site Inspection Report from the City.
• The Executed Construction Contract will include provisions that work will be performed in accordance with all local and state laws and shall further be conditioned that all work will be performed in a professional manner.
• Verification the City is listed as a loss payee on the Borrower’s hazard insurance policy. • Program Summary/Affidavit with Escrow Instructions signed by Borrower.
Title Requirements
All persons whose names are on title shall have established credit for their incomes to be counted towards the gross household income for determining borrower qualifying ratios.
However, the City will count all income earned by all household members (in accordance with CalHome Regulations) even if a member does not have established credit when establishing income eligibility.
Insurance
The Borrower must show evidence of property insurance, including fire and flood insurance if applicable, which must be maintained during the life of the Loan. The City must be named as loss payee in first position or additional insured if the Loan is a junior lien.
The Borrower must have sufficient insurance to cover the amount of the Loan and all senior liens, up to the full value of the ADU post- construction. The City must be named on the policy as mortgagee/loss payee for the full term of the Loan. Coverage deficiencies must be corrected as a condition of Loan approval.
Program Documents
Upon approval of the Loan, the Borrower will be required to sign all required program documents, including a Use Agreement for the ADU, and the Loan shall be evidenced by a Promissory Note, the repayment of which is secured by Deed of Trust. These documents shall include provisions necessary to ensure that the Property being assisted with Loan funds are following all Program Guidelines.
Upon expiration of the three-day rescission period, the Loan Agreement, the Deed of Trust, Use Agreement, and Request for Notice of Default shall be recorded against the Property, and the title company selected by the City shall issue a lender's policy of title insurance for the benefit of the City insuring the City's lien.
All applicable documents shall be executed and recorded prior to disbursement of Loan funds.
All Borrower funds must be deposited into escrow at closing of the CalHome ADU Loan. The Program closing package will include the following documents:
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1. Owner/Contractor Contract
2. Program Affidavit signed by the Borrower
3. TRID Lending Disclosure Statement
4. Loan Agreement
5. Promissory Note
6. Deed of Trust (recorded
7. Use Agreement for ADU Rental Unit (recorded)
8. Request for Notice of Default
9. Notice of Right to Cancel (three-day rescission option)
10. Evidence of Hazard Insurance naming City as loss payee
11. Evidence of flood insurance
12. Commitment for issuance of a lender's title insurance policy for the benefit of City
13. Settlement statement
14. ALTA Policy for CalHome Loan
15. Escrow Instructions
Closings and Record Retention
Supervision: Closings shall be supervised by a title company who shall secure the property, examine documents and hold the deed in escrow until all of the terms of Borrower are met.
Pre-Closing and Closing Disclosures: All appropriate steps shall be taken to ensure that the Borrower has received and has the reasonable opportunity to understand all relevant information describing the sale and financing of the housing unit, including without limitation, ensuring that the affiliate satisfies all pre-closing and closing disclosure requirements by applicable laws.
Record Retention: All records shall be maintained in accordance with the City’s Record Retention Policy, adopted by Resolution 14-21.
VIII. Ownership Requirements and Guidelines
Annual Monitoring
The Borrower will participate in an Annual Monitoring Process with the City as further described in Attachment F.
Owner Occupancy
All household members on title must live in the main home or ADU 10 out of the 12 months in a year. Defaulting in the ownership occupancy requirement may result in foreclosure of the Loan and the Borrower will be obligated to pay the City the collected rental proceeds.
Tenancy
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whose gross income does not exceed 80% AMI, for an affordable rent, on a term of at least one year. Short-term rentals are not permitted.
The City will complete tenant income verification at the start of any new lease agreement and annually.
Affordable Rent
Affordable rent means that, including a reasonable utility allowance, rent shall not exceed 30 percent of the area median income adjusted for family size appropriate for the unit.
Title Transfers
The Loan balance is immediately due and payable upon change in title, occupancy, or use.
Changes in title, occupancy, or use include, but are not limited to, the following:
• The sale of the main dwelling.
• Conversion of any units on the property from owner-occupied to rental. • Conversion of the property to fully non-residential use. • Transfer of the property through inheritance.
Exceptions to the change in occupancy may include additions of family members to the title as part of estate planning, or partial conversion of property to non-residential use, e.g., if the residence is used for business but the household still resides on the property. Any of these City approved changes in title or occupancy must be in keeping with the objective of benefit to Lower Income households, as applicable.
There are some limited circumstances under which the Loan may be transferable. Transfer means any sale, assignment ortransfer, voluntary orinvoluntary, of any interest in either the main dwelling or the ADU, including, but not limited to, a fee simple interest, a joint tenancy interest, a life estate, a leasehold interest, an interest evidenced by a land contract by which possession of the property is transferred and Borrower retains title, or a deed of trust.
With City approval, the following transfers may not result in the Loan becoming due and payable:
• Transfer to a spouse or domestic partner;
• Addition ofspouse or domestic partner to title where the spouse or domestic partner becomes the co-owner of the main dwelling;
• Transfer between spouses as part of a marriage dissolution proceeding; • Transfer to spouse or domestic partner following death of the Borrower; • Transfer via an inter vivas trust in which the Borrower isthe beneficiary; • Refinance of the first loan, provided Borrower follows all requirements.
In all cases where there is a change in title, occupancy, or use, the Borrower must notify the City.
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Requests for Refinance/Subordination
If the Borrower wishes to refinance an existing senior lien, they must request a subordination by the City. The City will only subordinate its loan when there is no "cash out" as part of the refinance and places the Borrower in a more favorable position. "Cash out" means there are no additional charges on the transaction above loan and escrow closing fees. There can be no third-party debt pay offs or additional encumbrance on the property above traditional refinance transaction costs. Furthermore, the refinance should lower the housing cost of the Borrower with a lower interest rate and the total indebtedness on the property should not exceed the current market value.
The term of the new senior lien must be at least for the period remaining on the Loan and must mature concurrently with, or after, the CalHome lien. The new loan must be amortized for the entire period of the loan. Negative amortization, balloon payments, or changes in payments are not allowed.
Upon receiving the proper documentation from the refinance lender, the request will be considered by the City for review and approval. Upon approval, the escrow company will provide the proper subordination document for execution and recordation by the City.
Refinance/Subordination Requests must be made to the City in advance.
Attachment A: Monterey County Area Median Income
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Attachment B: Household Income Eligibility and Determination – Borrowers & Tenants Eligibility will be determined using the guidance of Section 7720 further described as follows:
Eligible Households To be eligible to receive a Program Loan/rent a Program ADU, an individual household shall:
• be a Lower-Income Household (80% and below), when considering the Annual Income of all Household residents 18 years old or older. When calculating income eligibility, Applicants shall refer to Chapter Three of the Income Calculation and Determination Guide for Federal Programs. For Shared Housing Match services, where the provider is elderly, the income of non-occupying children who are on title will not be counted; • for Shared Housing Match services, where the provider is elderly, the income of nonoccupying children who are on title will not be counted; • include as Borrowers on the CalHome program promissory note all persons who will be or are on title to the property; and be an owner-occupant and intend to continue occupying the home as a principal place of residence.
Gross Household Income will be determined according to California Code of Regulations, Title 25, Section 6914, which is included below. All household occupants of 18 years or older will be included in the income qualifications calculations.
CalHome Gross Income Worksheets will be used to calculate gross income.
Household size will not include foster children, unborn children and children being pursued for custody or adoption who do not currently live in the home. Household size will include joint custody children who reside in the home 50% or more of the year.
Future income will be determined using a snapshot of current gross income and projected for 12 months. Exceptions to the projection of future income based on current income will be made according to valid documentation that the current income will change.
Income verification will be performed according to Seaside procedures and policies.
Assets in excess of $5,000 will be included in gross income as the greater of:
• Income derived from all net household assets, or
• 2.5% (passbook rate) of the value of such assets.
• Assets shall be defined as the value of real property (other than the full-time residence), savings, accounts, stocks, bonds or any other form of capital investment. An asset does not include furniture or cars.
• Assets are only significant to the Seaside CalHome Program in the determination of income qualification.
CCR, Title 25, § 6914. Gross Income
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"Gross income" shall mean the anticipated income of a person or family for the twelve-month period following the date of determination of income. If the circumstances are such that it is not reasonably feasible to anticipate a level of income over a twelve-month period, a shorter period may be used subject to a re-determination at the end of such a period. "Income" shall consist of the following:
(a) Except as provided in subdivision (b), all payments from all sources received by the family head (even if temporarily absent) and each additional member of the family household who is not a minor shall be included in the annual income of a family.
Income shall include, but not be limited to:
• The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses;
• The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); • Interest and dividends;
• The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts;
• Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (but see subdivision (b)(3)). • Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of:
• The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus
• The maximum amount which the public assistance agency could in fact allow for the family for shelter and utilities,
• Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; • All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family or spouse (but see subdivision (b)(5)). • Where a family has net family assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the net family assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net family assets means value of equity in real property other than the household's full-time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded.
(b) The following items shall not be considered as income:
• Casual, sporadic or irregular gifts;
• Amounts which are specifically for or in reimbursement of the cost of medical expenses; Packet Page 395
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• Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses;
• Amounts of educational Scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such Scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income.
• The special pay to a serviceman head of a family away from home and exposed to hostile fire;
• Relocation payments made pursuant to federal, state, or local relocation law; • Foster childcare payments;
• The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible household; • Payments received pursuant to participation in the following volunteer programs under the ACTION Agency:
• National Volunteer Antipoverty Programs which include VISTA, Service-Learning Programs and Special Volunteer Programs.
• National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE).
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Attachment C: Ability to Repay Policy
Purpose: The purpose of this policy is to determine, in good faith, that each homebuyer has the reasonable ability to repay a mortgage loan originated by the City. or by a third-party lender.
Policy: In order to determine what constitutes a reliable mortgage, and in keeping with best business practices, the City of Seaside and its loan servicer AmeriNat, in its underwriting process, shall follow the City’s ability-to-repay (“ATR”) rule. The ATR rule minimum requirements for determining an applicant’s ability to repay, are as follows:
• Current or reasonably expected income or assets.
• Current employment status.
• The monthly payment on the covered transaction.
• The monthly payment on any simultaneous loan.
• The monthly payment for mortgage-related obligations. • Current debt obligations, alimony, and child support. • Credit history.
• Industry standard monthly debt-to-income ratios or residual income; Front-End Ratio. The initial monthly payment under the first mortgage may not exceed 40% of the applicant’s gross income. Included in the monthly payment amount are principal and interest, impound payments for taxes, insurance and other obligations and other regular recurring payments, such as monthly Homeowner Associations (HOA) dues.
Back-End or Debt to Income Ratio (DTI). The DTI upon The City’s origination of each mortgage loan may not exceed 43%. DTI is the ratio that compares the total of all monthly debt payments that are expected to take more than 10 months to pay off to gross monthly income of the applicant. The City can extend the DTI to 48% if the applicant family meets the HUD residual income requirements on a mortgage term of no more than 30 years.
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Attachment E: CalHome Reuse Plan
The City of Seaside Accounting Department will establish a segregated CalHome Account separated from all other sources of funds. The Housing Department will receive regular updates for the Reuse account and will incorporate a tracking system to ensure that subsequent reuse of funds are for activities described below.
A. The Reuse Account will be subject to standard auditing by independent auditors.
B. The Account will be set up to generate reports detailing funds deposited into the account, accrued interest on the account and use of funds re-used from the account.
C. Funds in the Reuse Account will be readily available for processing of new loans or other uses as outlined below.
D. Uses of Funds
a. Funds in the Reuse Account shall only be used for the following:
b. Loans to individual homeowners as allowed pursuant to CalHome regulations.
E. Loan processing fees in accordance with CalHome Program requirements. These fees will not be charged to the CalHome buyers. Up to 10 % of the funds will be used to offset the costs of loan servicing.
Attachment F: Annual Monitoring and Loan Servicing Policies and Procedures Annual Occupancy Monitoring
Borrowers are required to recertify annually that they are the residents of the main house or ADU and are owners of both. Owner occupancy will be verified through utility bills or similar documentation as requested by the City.
Annual Landlord and Tenant Monitoring
The Borrower must submit documentation acceptable to the City establishing that the household occupying the rental is income-eligible to reside in the unit and the monthly rent charged meets affordability requirements.
Annual Review of Hazard and Flood Insurance
The City will require the applicant to maintain property insurance, including fire and flood if applicable, during the life of the Loan. The requirements are as follows:
• Applicant must maintain insurance on the property in an amount at least equal to the replacement value of the Loan. Hazard/Fire Insurance is required if property is located in a FEMA designated Special Flood Hazard Area; and
• City must be named as an additional loss payee (Second Loss Payee/Second Mortgagee) on the policy.
• The mortgagee clause for the City is the name and address of the company and the corresponding loan number.
For example: City of Seaside, Its Successors or Assignees 440 Harcourt Avenue
Seaside, CA 93955
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At its sole discretion, the City may elect to require an impound account for hazard and/or flood insurance.
Timely Payment of Property Taxes and Assessments
Property taxes must be kept current during the term of the loan. Failure to pay property taxes on a timely basis may constitute an event of default. If the borrower fails to maintain payment of property taxes, the City may obtain a judgment for any amounts expended by the City and record a judgment lien against the property; or the City may pay the taxes current and add the balance of the tax payment plus any penalties to the balance of the loan. At its sole discretion, the City may elect to require an impound account for property taxes.
Accounting for Repayment of Loans
The Loan shall be deferred payment. The City will accept voluntary payments on the Loan. Loan payments will be applied to accrued interest first and then to principal. The borrower may repay the loan balance at any time with no penalty.
The Program Loan is not assumable. Loans are due upon circumstances that include sale, lease, transfer or failure of the borrower to occupy the property as their Primary Residence, as more thoroughly described in the City’s promissory note. Transfer of interest exceptions which do not require repayment are described in the City’s promissory note.
However, if it is determined by the City that repayment of the Loan at the maturity date causes a hardship to the borrower, the City may consider two options stated below:
1. Amending the note and deed of trust to defer repayment of the amount due at loan maturity, that is the original principal and the accrued interest, for up to an additional 30 years (at 0% additional interest), this may be offered one time, or;
2. Converting the debt at loan maturity, that is the original principal balance and any accrued interest, to an amortized loan, repayable in 15 years at 0% additional interest.
Properly Calculating Payoffs
Payoff amounts are determined by the amount of the original loan plus any accrued interest minus payments received toward the Loan, if any. Although payments on the Loan are deferred, borrowers may opt to make voluntary payments to lower the balance of the loan. Any payments received are applied first to accrued interest, then toward the principal.
Processing Demands
Requests for payoff demands should be addressed to the City. When the City receives a demand letter from a borrower or a borrower’s representative, such as a title company, lender or legal representative, the City will calculate the payoff amount in accordance with the provisions of the loan documents. The City will issue a written payoff demand, including a daily Packet Page 399
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calculation of interest and any other amounts due, depending on the terms of the Promissory Note.
Attachment G: Rental Guidelines
Landlord, Tenant, City Roles and Responsibilities
Program Borrower Landlords are responsible for ensuring their tenants meet their lease criteria (e.g., credit score, eviction history, pets, number of people in the household, references, etc.) before the City verifies their tenant’s program eligibility.
The City does not rent or lease ADUs directly to tenants or credit check tenants on behalf of Program Borrowers who are the Landlords. The City is not a Landlord or Property Manager.
The City will coordinate with Program Borrower Landlords to confirm their selected tenants meet the Program income requirements before a lease is signed.
Lease Agreements
Lease Agreements are required with a City of Seaside Inclusionary Addendum that states lease terms are contingent upon tenant meeting annual income requirements.
Affordable Rent Rate
The City will annually publish Affordable Rent Rates upon HCD’s release of annual Area Median Incomes. The City will annually verify Borrower Landlords are collecting no more than the Affordable Rent Rate by collecting copies of leases and Rent Roles.
Annual Tenant Income Certification
The City will annually verify tenants meet income requirements. The City will discuss with each Borrower Landlord and tenant a cure should it be determined that the tenant exceeds maximum income requirements.
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