Agenda packet — Seaside City Council, August 17, 2023 (part 3 of 3)

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

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

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2023 Hot Spot Pavement Repair Project – CM Services EXHIBIT C Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

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

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

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

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

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

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

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REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

FOR CITY OF SEASIDE
Table of Contents
Introduction............................................................................................................................................................ 1 Proposal Requirements........................................................................................................................................... 1 Statement of Qualifications Submittal Requirements........................................................................................... 2 Schedule for Selection Process ............................................................................................................................... 2 Questions Regarding This Project ........................................................................................................................... 3 Form of Agreement ................................................................................................................................................ 3 Evaluation and Rating Criteria................................................................................................................................ 3 PRELIMINARY SCOPE OF SERVICES............................................................................................................... 3 General Provisions ................................................................................................................................................. 4 Non-Discrimination & Non-Preferential Treatment ............................................................................................. 6 Grounds for Disqualification............................................................................................................................... 6 Records and Financial Data ................................................................................................................................ 6 Introduction
The City of Seaside (City) seeks Request for Qualifications (RFQs) from qualified consulting firms or individuals to provide On-Call Engineering Services for miscellaneous undetermined projects.

The selected engineering firms may be requested to help with the design of federal, state and locally funded capital improvement projects. The City intends to select multiple consultants for a three-year period, with the option of two (2) one-year extensions through mutual consent between the City and the chosen Consultant(s). Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Selection will be based on demonstrated expertise in providing support to the City of Seaside Public Works and Engineering Department.

Proposal Requirements
Statement of Qualifications (SOQ) must be received by 5:00 PM Friday, April 22, 2022 at the following address:

City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
SOQ received after this deadline will not be accepted. Incomplete responses that do not conform to the requirements specified herein will not be considered. The SOQ and any accompanying documents shall be submitted in a sealed envelope with the words “On-Call ConsultantsEngineering” clearly marked in the lower left-hand corner of the envelope. Three bound copies, plus one electronic copy submitted on CD, USB flash drive, or by email to [email protected], containing an Adobe pdf copy, should be submitted.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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The SOQ should include the following information:

1. Name of proposer and principal contact person, including office location, address, telephone number, fax numbers and e-mail address.

2. Brief description and history of the proposed project team and experience of the principal contact. Clearly describe project team member’s experience in work described under “Preliminary Scope of Services". Describe the average project size and scope of the team member’s past projects.

3. Provide as exhibits, listings of your firm’s and its principals’ and project teams experience demonstrating their capabilities and qualifications to perform the assigned task as described in the “Preliminary Scope of Services”. For each individual, provide current professional registrations, related experience, educational background and years of experience with the team.

4. Enclosed is a copy of the City’s standard contract, which stipulates, among other things, insurance requirements. Please confirm that the project team can accept the terms of the contract and has the required insurance, or can acquire insurance, that meets the minimum standards.

5. Please provide at least three professional references. Indicate which references are public agencies for which the project team, or its principals, have provided services for within the past five years.

6. Standard Hourly Fees: Provide your standard hourly fees by job classification and billing criteria for providing the services described in this RFQ in a separate sealed envelope. Do not provide in the response to this request as an exhibit or in the body of the response The SOQ will be limited to 10 numbered pages including title sheet and cover letter if provided.

Minimum font size is 12. Page size is limited to letter size with no fold-outs. Submittals must be printed on both sides of the paper. A clear front and back cover shall be provided and the front and back clear cover will not count towards the 10 page limit.

Schedule for Selection Process
The proposed consultant selection schedule is as follows.

Release RFQ
Questions Due
Thursday, March 24, 2022
Friday, April 8, 2022
Proposal due
Proposal Ranking
Friday, April 22, 2022
April 24, 2022 – May 20, 2022
Consultant Award (if applicable) Friday, May 27, 2022
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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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All questions and/or contacts regarding this Request should be directed to:

Patrick Grogan
City of Seaside-Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
E-mail: [email protected] or [email protected] Phone (831) 899-6885
Form of Agreement
A copy of the City of Seaside Consultant Contract is included herewith.

Evaluation and Rating Criteria
City staff will review each SOQ for completeness and content. Each SOQ will be evaluated based upon the relevant qualifications and experience of the consultant. Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Staff may conduct interviews if necessary. References may also be verified. The SOQ review will focus upon the following criteria:

1. Experience and demonstrated ability of the team. – 25 points

2. Appropriate relevant experience and skills of personnel (principals, project managers and other key personnel). – 30 points

3. Prime consultant and sub-consultants experience in providing similar projects. – 15 points

4. Client References. – 10 points

5. Overall quality of the response and conformance with SOQ requirements for content (reference Proposal and Submittal Requirements). – 20 points
SOQs will be ranked on the basis of qualifications. The City of Seaside may conduct interviews with some or all of the firms/individuals who submit proposals, or it may complete its evaluation based on the proposals alone. If interviews are conducted, firms/individuals selected for interview will be contacted at that time to arrange the date and time for their interview.

PRELIMINARY SCOPE OF SERVICES
Consultant is required to provide engineering design and professional services for various projects to be implemented throughout the City. The scope of work under this contract may include but not be limited to the following:

A. Engineering Services
Design, Survey and Geometrics
Pavement Evaluation, Design and Testing
Pavement Management Program Evaluation and Report
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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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Structural Analysis and Design
Well Design and Rehabilitation
Water System Design and Rehabilitation
Storm Drain System Design and Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations and Mitigation
Preliminary Engineering Studies
Technical Studies and Reports
Peer Reviews
Coordination with Other Agencies and Utilities
Constructability and Bidability Reviews
On-Call Services
Staff Augmentation
All materials submitted to the City will become the exclusive property of the City of Seaside.

The consultant will not be allowed to provide services when the City determines a potential conflict of interest may exist.

Consultant services will be on an as-needed, on-call basis. Consultant services will be authorized by separate contract(s). The Consultant is responsible for acknowledging receipt of requests for services within two (2) working days. Contracts may vary significantly in size and scope and will be determined in greater detail as each is assigned. The Consultant will be responsible for preparing a detailed scope and fee estimate for each contract request and shall identify the number of hours to be worked and position of each person performing work on a particular proposal. If during actual work the number of hours is increased by more than 20% of the estimate, the consultant shall notify the Project Manager as soon as possible before exceeding the estimated time. The City may elect to reduce the scope of work or may require a revised scope of work to cover the excess time. Work authorization will be issued for each work request. The City shall authorize all consultant quotes for tasks prior to the consultant commencing work. The City may accept the Consultant’s scope and fee or negotiate with the Consultant, as appropriate. The City reserves the right to not accept the Consultant’s scope and fee.

General Provisions

1. The City will assume no responsibility for any understandings or representations concerning conditions made by any of its officers or employees prior to execution of a final agreement unless they are included in this Request for Qualifications.

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the Packet Page 516
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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3. A prospective Consultant(s) may withdraw their Qualifications at any time prior to the date and time which is set forth herein as the deadline for acceptance of Qualifications.

4. Each prospective Consultant(s) submitting Qualifications in response to this Request agrees the preparation of all materials for submittal to the City and all presentations are at the prospective entities sole cost and expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective Consultant(s). In addition, each prospective Consultant(s) agrees that all documentation and materials submitted with Qualifications will remain the property of the City and will become a public document.

5. The City reserves the right to request additional information from any and all prospective entities as deemed necessary by the City in order to evaluate the Qualifications. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the original Qualifications.

6. The City reserves the right to reject any and all Qualifications and, in the event the Consultant selected, it may attempt to negotiate an agreement with the Consultant that, in the sole judgment of the City, is the best qualified to provide the services requested.

7. The City shall not enter into an agreement with any prospective Consultant(s) that has previously had an agreement with the City terminated, or that has previously been found to have violated any provision of the Seaside City Code, or related resolutions or ordinances, or any provision of federal law, state, or other local law.

8. The City reserves the right to enter into an agreement with an Consultant(s) at any time, deviate from this Request, reject any or all SOQs, continue to advertise for new Qualifications, negotiate with multiple entities simultaneously, waive any defects in Qualifications, or to proceed otherwise. The Request and the selection process will in no way be deemed to create a binding contract or agreement of any kind between the City and any prospective Consultant(s). The submission of Qualifications does not in any way commit the City to enter into an agreement with any prospective Consultant(s).

9. Each prospective Consultant(s) shall agree to abide by all federal, state, and local laws, rules, and regulations and to secure all necessary licenses, permits, and other forms of identification as may be required in connection with the resulting agreement, all at no additional cost to the City.

10. All Qualifications, charge rates or representations will remain in effect and be legally binding for at least one hundred twenty (120) days from the date of submission.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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11. This Request for Qualifications shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

Non-Discrimination & Non-Preferential Treatment
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of Seaside contracts.

Grounds for Disqualification
All prospective entities are expected to conduct themselves with the utmost integrity and responsibility throughout the Request process. Any prospective Consultant(s) that violates these expectations, as determined in the sole discretion of the City, will be subject to disqualification.

Generally, the grounds for disqualification include:

1. Contact regarding this procurement with any City official or employee, other than the contact person designated in this Request, from the time of issuance of this Request until the consideration and approval of a professional services agreement.

2. Evidence of collusion, directly or indirectly, among prospective entities in regard to the amount, or the terms and conditions of this Request and the prospective agreement.

3. Influencing, or attempting to influence, any City staff member or official throughout the solicitation process, including the development of specifications beyond those included here, if any.

4. Evidence of submitting incorrect or inaccurate information in response to this Request or misrepresentation or failing to disclose facts during the evaluation or negotiation process.

5. Existence of any lawsuit, claim, or dispute between the prospective Consultant(s) and the City.

6. Evidence of the prospective Consultant(s)’s inability to successfully complete the responsibilities and obligations of the Request process.

7. The prospective Consultant(s)’s default under any City agreement or termination of a previous agreement.

Records and Financial Data
All correspondence with the City, including responses to this Request, will become the exclusive property of the City and will become public records under the California Public Records Act. All documents submitted in response to this Request will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to this disclosure requirement.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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If an Consultant(s) is selected, the City may retain any submitted information and disclose it to the City Council, and any subcommittees thereof, and the public in connection with consideration of an agreement with the City as evidence of the entities ability to carry out the development. Given the nature of the applicable law under the California Public Records Act, the City cannot guarantee or warrant that it will be able to keep submitted information, including personal financial records, confidential. The successful Consultant(s) agrees to indemnify, defend, and hold the City harmless from and against any suit brought under the California Public Records Act to obtain the records; otherwise, the City shall not be obligated to defend such suit and may release the records.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: August 17, 2023
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICE AGREEMENT WITH WALLACE GROUP FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR THE FERNANDO PARK IMPROVEMENTS PROJECT FOR AN
AMOUNT NOT TO EXCEED $32,070.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Wallace Group to perform construction management and inspection services for the Fernando Park improvements Project for an amount not to exceed $32.070.00.

BACKGROUND
Fernando Park is located at Fernando Street between Mingo Avenue and San Pablo Avenue. Fernando Park is a small park that does not have any amenities other than a bench. The Fernando Park improvements Project will involve earthwork and grading, play equipment, accessible picnic table with bench, hand sanitation station, wood chip play surfacing, an accessible ramp, rock wall, concrete curbs, and a concrete walkway.

The project was designed by Whitson Engineers. The project was released for construction bids on July 6, 2023, and bids were opened on July 27, 2023. The construction contract is on this August 17th Council Agenda for approval.

The project is scheduled to take 65 calendar days to complete and requires daily oversight of the contractor. The City does not have the personnel resources to support the project at this time. The Wallace Group (Wallace) is on the City’s list of On-Call Engineering Consultants. Wallace provided construction management and inspection services for the Ellis Park Improvements Project, which recently completed construction Packet Page 523

Item No. 8.I. Page 2 of 2
and is in the close-out phase. They are also providing similar services for the Cutino Park Part 2 Phase 1 project which is currently in construction. At the request of the City, Wallace submitted a proposal to provide construction management and inspection services for the Fernando Park Improvements Project. The services include preconstruction coordination, submittal review, contractor coordination, response to contractor's request for information, processing change order requests, quantity calculations, progress estimates, daily inspections, site documentation, materials testing coordination, and project closeout. Staff has reviewed the proposal and finds the scope and fee are acceptable.

Staff recommends adopting a resolution authorizing the City Manager to execute a Professional Services Agreement with Wallace Group for an amount not to exceed $32,070.00 for construction management and inspection services for the Fernando Park Improvements Project.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines. This project is Categorically Exempt (Class 1, Existing Facilities). The project repairs and performs minor upgrades to the existing park and involves negligible or no expansion of use.

FISCAL IMPACT
The Fernando Park Improvements Project has an approved budget of $235,000.00.

Staff has requested an additional $16,562.25 on tonight's agenda (Item 8.F.) If the Council approves Item 8.F. the revised budget will be $251,562.25 (account 342-8910- 9582). This item is a request for authorization to sign a contract that will fall within the approved budget.

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WALLACE

GROUP TO PERFORM CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE FERNANDO PARKS IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $36,070.00
WHEREAS, the Fernando Parks Improvements Project (Project) is adopted in the fiscal year 2023/2024 Capital Improvement Program (CIP) annual budget; and WHEREAS, on February 16, 2023, the City entered into a Professional Services Agreement (PSA) with Whitson Engineers to design the Fernando Park Improvements Project in the amount of $42,770.00; and
WHEREAS, on July 14, 2023, the amended the PSA with Whitson Engineers for Fernando Park Improvements Project to add $7,230.00; and WHEREAS, the project bidding documents were released for construction bids on July 6, 2023 and bids were opened on July 27, 2023; and WHEREAS, the project requires construction management and inspection of the Fernando Park Improvements Project, and the city does not have the staffing resources to support this project; and
WHEREAS, Wallace Group (Wallace) is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and
WHEREAS, Wallace submitted a proposal to perform pre-construction coordination, submittal review, contractor coordination, response to contractor's request for information, processing change order requests, quantity calculations, progress estimates, daily inspections, site documentation, materials testing coordination, and project closeout for the Fernando Parks Improvements Project from pre-construction through project closeout in the amount of $32,070.00; and WHEREAS, Staff has determined the proposed scope of work and budget are reasonable; and
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WHEREAS, an amount of $6,414.00 contingency, 20% of the agreement value, should be authorized on an as required basis, for a total agreement value of $38,484.00; and
WHEREAS, the other current expenses of the project include design, design services during construction, construction including contingency, and public notifications which amount to $213,078.25; and
WHEREAS, based upon the services necessary for the Project, an additional budget of $16,562.25 is needed for the project for a total project budget of $251,562.25; and
WHEREAS, the current total fiscal year 2023/24 budget for Fernando Park (account no. 342-8910-9582) is $235,000.00, not including encumbrances; and WHEREAS, after Council approves the budget transfer of $16,562.25 with the Fernando Parks Improvements Project construction agreement award item, the project will have sufficient funds to complete the project.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Professional Services Agreement with Wallace Group to perform construction management and inspection services for the Fernando Park Improvements Project for an amount not to exceed $32,070.00 and written amendments such that the total agreement does not exceed $38,484.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 17th day of August 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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Rev. 1/18 Page 1 COS Construction Management PSA

CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT FOR

CONSTRUCTION MANAGEMENT SERVICES FOR FERNANDO

PARK IMPROVEMENTS
THIS AGREEMENT, is made and effective ___August 17, 2023_____, between the City of Seaside, a municipal corporation ("Agency") and the Wallace Group, a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024 unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall perform all professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. AGENCY MANAGEMENT
Agency’s City Engineer shall represent Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. Agency’s City Manager shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

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Rev. 1/18 Page 2 COS Construction Management PSA

5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed THIRTY TWO THOUSAND AND SEVENTY dollars ($32,070.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

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Rev. 1/18 Page 3 COS Construction Management PSA

7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Agency Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default.

The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon Packet Page 529
Rev. 1/18 Page 4 COS Construction Management PSA
reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
(c) The city agrees to hold Consultant harmless from all damages, claims expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

9. INDEMNITY AND DEFENSE
(a) Indemnification and Defense for Professional Services To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
(b) For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Packet Page 530
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Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the Agency a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency.

Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or Packet Page 531
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employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency.

Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. (b) Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

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16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk
To Consultant: Wallace Group
612 Clarion Court
San Luis Obispo, California 93401
Attention: Kari E. Wagner. PE_

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, Zach Teske shall be the Project Manager and Engineer of Record for the services described in this Agreement.

Zach Teske may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Zach Teske from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.

Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

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

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

21. WORK SCHEDULED/TIME OF COMPLETION
Agency and Consultant agree that time is of the essence in this Agreement.

Consultant shall perform as described in Exhibit A.

22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit D hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A hereto. In the event of conflict, the requirements of Agency's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals.

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

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
(Signatures on next page)
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CONSULTANT: Wallace Group________
A California Corporation
By: ______________________________ Date:_________________ Kari E. Wagner, Principal
City of Seaside_______________________
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
Attachments: Exhibit A Scope of Work/Consultant’s Proposal Exhibit B Fee Schedule
Exhibit C Insurance Requirements
Exhibit D Request for Engineering Services
Exhibit E Resolution 22-62 On-Call Engineering Services Packet Page 535

EXHIBIT A

SCOPE OF WORK/CONSULTANT'S PROPOSAL
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August 3, 2023
Nisha Patel
City of Seaside
440 Harcourt Avenue
Seaside, California 93955
Subject: Construction Management (CM) Services for Fernando Park Improvements Dear Ms. Patel:

Wallace Group appreciates the opportunity to provide you with our proposal for Construction Management services for the above referenced project. Based on our discussion, the following Scope of Services has been prepared for your consideration:

PROJECT UNDERSTANDING
The City of Seaside (City) is upgrading Fernando Park. The proposed improvements include the select demolition of existing asphalt pathways and stone walls, earthwork/excavation, installation of new retaining walls, concrete pedestrian pavement, access ramp, resilient surfacing and play equipment, and the site stabilized with mulch. An allowance has been made for the modification of the existing irrigation system.

Construction Documents provided are as follows:
 Plans by Whitson Engineers (7/3/23, 12 sheets)
 Project Manual Specifications (July 2023, 189 pages)
 Addendum-1 (7/24/23, 1 page)

SCOPE OF SERVICES
This proposal includes construction management services for the park upgrades as shown in the plans outlined above. This proposal is based upon 50 working days for substantial completion and an additional 15 working days for final completion. This equates to approximately ten weeks from the Notice to Proceed to Substantial Completion and three additional weeks to Final Completion.

Wallace Group will be using Procore project management software to manage all documentation for this project. Procore will store and track all project plans, specifications, RFIs, submittals, inspection reports, photos, and all other project related documents. All of this information will be available to the entire project team in real time.

Given the scope and nature of the project, we envision the following Scope of Services.

Task 1: Pre-Construction Phase Services
Wallace Group will provide pre-construction management services as outlined below. We have included 34 hours of professional services to complete the work in Task 1.

Project Review
• Perform review of design plans, specifications, and engineers estimate • Review applicable Standard Specifications, including City Standard Specifications and Plans
• Review contractors bid form, quantities, and payment items Packet Page 537
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Project Communication and Coordination
• Establish Procore Construction Management Software project and provide training to City project staff
• Facilitate project communication and coordination with the City, the design engineer, emergency services, utility providers, property owners, the contractor, and other stakeholders
• Coordinate environmental training and other monitoring and survey requirements • Communicate with property owners and other stakeholders the schedule and other concerns
Pre-Construction Conference
• Prepare agenda, schedule, and facilitate the Pre-Construction Conference with input from the City’s Representative
• Provide sign in sheet for all attendees
• Review and accept baseline project schedule from the Contractor • Review existing conditions and site constraints
• Work with contractor and City to develop phasing and sequencing plan to minimize impacts, including public notifications and outreach
• Work with contractor to identify and prioritize long lead items that can impact critical path
• Issue minutes for review and finalize for project record Pre-Construction Photos
• Prior to the start of construction, collect Pre-Construction photos of project sites
• Photos will be uploaded into Procore in a separate album for review by the project team
• Review of Contractors Pre-Construction photos uploaded as submittal into Procore
Submittal and Request for Information (RFI) Management
• Utilize Procore to track and review submittals and RFI’s from Contractor and provide comments/acceptance with the project plans and specifications in coordination with the City
• We have budgeted for ~ 12 submittals
• Process all submittals in a timely manner and make available to project team • Maintain electronic copies within Procore and hard copies as requested Deliverables:
• Reviewed submittals and submittal log
• Reviewed RFIs and RFI log
• Pre-Construction Photos
• Pre-Construction Conference Agenda and Minutes
Task 2: Construction Phase
Wallace Group will provide construction management services as outlined below. This task includes preparation and attendance of up to ten 1-hour meetings and a total of 112 hours. As requested by the City, we have proposed to provide part time inspection services at major project milestones and have budgeted for approximately 30 site visits (~3 per week) at 2.25 hours per site visit.

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Weekly Construction Meeting
• Schedule, develop agenda, and minutes for Weekly Progress Meetings with contractor, City staff, and other necessary entities
Project Schedule
• Monitor project baseline schedule
• Keep stakeholders informed of the construction schedule • Issue Weekly Statement of Working Days
• Review Contractor’s Three Week Look Ahead Schedule
Change Order Management & Force Account
• Review and qualify contractor requested change orders • Investigate proposed change orders, obtaining the City’s approval prior to work taking place
• Establish and maintain files and documentation for use in change order negotiations or potential claims
• Generate project change orders using the City’s template • Document delays or possible changes in work or site condition • Inspector to document Force Account work and review T&M ticket with Contractor at the end of each shift, as applicable
Quantity Calculations and Progress Estimates
• Maintain quantity calculations throughout the project • Coordinate daily reports and quantities with the Contractor, identify and record potential disputes for future reference
• Review monthly Request for Payment, sign, and recommend approval for payment to the City
• Collect delivery and materials tickets for project record Construction Observation/Inspection
• Provide onsite inspections and oversight during construction • Prepare inspection reports, including tracking labor (name, classification, and estimated hours worked), equipment, weather, observations/notes, quantities, and photos. Including conversations or discussions that may be important. » Daily reports to be provided weekly to the City’s Designated Representative or as requested
• Notify the Contractor and City when work is performed that is unsatisfactory, faulty, or does not conform to the Contract documents and advise on how the work should be remedied
• Inspector will help to coordinate notification of Police or other City Departments and may dialogue with the public on-site
• Provide oversight on the requirements of the encroachment permit and ensure requirements are performed and documented
• Inspections and oversight include:
» Contractors Means and Methods
» Review Contractors Survey and Layout
» Material Deliveries and Tickets
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» Traffic control plans and implementation
» Construction Staging Area
» Site Safety and Signing
» Stormwater Controls
• Review compliance with contract documents
• Record and report design modifications
• Track inspectors set of as-builts for comparison with set provided by the Contractor for project record
• Inspection time may be adjusted accordingly based on scope of work and contractors activities
Site Documentation
• Maintain photos and documentation throughout the project • All photos and documentation will be maintained in Procore and available to the entire team at all times
Stormwater Compliance and Permits
• Monitor stormwater protection measures throughout the project Safety
• Monitor contractor’s safety practices for compliance with safety program • Utilize the following documents during field safety monitoring program:
• CAL-OSHA Construction safety orders
• Traffic Control Plan
• Contractor safety plan
• Work with contractor to resolve any safety concerns on site • Advise City of any observed or unresolved deficiencies Final Inspection and Punch List
• Schedule punch list walk with the Contractor and City • Observe complete and near complete work for deficiencies • Establish and maintain punch list and track items to resolution • Recommend and approve final payment to Contractor
Deliverables:
• Weekly Construction Meeting Agendas and Minutes
• Inspector Daily Logs and Photos
• Progress Payment Reviews
• Change Order/Force Account Documentation
• Punch List
Task 3: Geotechnical Services
Wallace Group will retain Earth Systems from Salinas to provide construction geotechnical services. Due to the quick timeline of the requested proposal by the City, a proposal was not solicited from EarthSystems but a budget of $3,500 is included to cover the cost of compaction testing and concrete cylinders for the retaining walls.

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Task 4: Post-Construction Phase Services
Wallace Group will provide construction management services as outlined below. This task includes preparation and attendance of up to one (1) 1-hour meeting. We have included 14 hours of professional services to complete the work in Task 3.

As-Built Drawings
• Review as-built drawings with contractor throughout the project • Assist City and Design Engineer in review and completion of final certified record drawings
Project Closeout
• Assemble and deliver all records, reports, certificates, and pictures upon project completion
• Files can be delivered in hard copy and/or electronic format Deliverables:
• Comments and review of Contractors As-Built Drawings
• Project Close Out Documentation (Submittals, RFIs, Daily Logs, Photos, Change Orders, Progress Payments, etc.)

TO BE PROVIDED BY THE CLIENT
 Client shall provide the DIR Project Number for this project. To do so, the Client will need to complete the PWC-100 form and submit to the DIR prior to the commencement of the field survey. This is required to be in compliance with State of California Prevailing Wage laws.

ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The following services may also benefit your project. Wallace Group can provide these services, directly or through sub-consultants, however, they are not included in the current Scope of Services or budget estimate:
 Labor Compliance
 Professional engineering services
 Playground compliance (CPSI)
 Construction surveys and staking
 Coordination with utilities
 Preparation of record drawings

PROJECT BUDGET
Wallace Group will perform the services denoted in Task 1 through 4 above of the proposed Scope of Services in accordance with the attached Standard Billing Rates (Exhibit A). These services will be invoiced monthly on an accrued cost basis, and our total budget, including reimbursables will not exceed our estimated budget of $32,070 (see attached Exhibit B) without receiving written authorization from the Client.

The estimated budget denoted in Task 2 above is based on prevailing wage rates. If the Client and the California Department of Labor determines that prevailing wage payments are not Packet Page 541
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required, the budget for Task 2 will be adjusted and billed according to the per hour rate of the Standard Wage column on the Standard Billing Rates provided.

At your request, additional services to the Scope of Services will be performed by Wallace Group following the signature of our Contract Amendment or the initiation of a new contract.

TERMS AND CONDITIONS
In order to convey a clear understanding of the matters related to our mutual responsibilities regarding this proposal, the attached Standard Terms and Conditions (Exhibit C) are considered a part of our proposal agreement. If this proposal meets with your approval, please sign where indicated and return to our office, which will serve as our notice-toproceed.

We want to thank you for this opportunity to present our proposal for professional services. If you would like to discuss this proposal in greater detail, please feel free to contact me or Project Manager, Zach Teske.

Sincerely,
WALLACE GROUP, a California Corporation TERMS AND CONDITIONS ACCEPTED:

Zach D. Teske, PE ____________________________________
Director of Construction Management Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
Attachments
KCC: PP23-7858, 2022, std
Exhibit A
Exhibit B
Exhibit C
THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE OF THIS DOCUMENT.

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EXHIBIT B

FEE SCHEDULE
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Exhibit A
Standard Billing Rates
Construction Management / Field Inspection Services: Prevailing Wage* Construction Inspector I - II ............................................. $135/$150 .................. $165/$172 Senior Construction Inspector .......................................... $155 ................................ $180 Construction Office Tech I-III ........................................... $110/$120/$130 Assistant Resident Engineer I - II....................................... $160/$165 Resident Engineer I - III ................................................. $170/$175/$180 Senior Resident Engineer ............................................... $190 Director .................................................................... $195 Principal Construction Manager ........................................ $225 Principal ................................................................... $260 Support Services:

Office Assistant ........................................................... $100 Project Assistant I – III ................................................... $110/$115/$125 *Prevailing Wage:

State established prevailing wage rates will apply to some services based on state law, prevailing wage rates are subject to change over time and geographic location.

Right to Revisions:

Wallace Group reserves the right to revise our standard billing rates on an annual basis, personnel classifications may be added as necessary.

Additional Professional Services:

Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $400 an hour. If required to meet schedule requests, overtime on a project will be billed at 1.5 times the employee’s typical hourly rate.

Direct Expenses:

Direct expenses will be invoiced to the client and a handling charge of 15% may be added.

Sample direct expenses include, but are not limited to the following:
 travel expenses  sub-consultant services  agency fees  delivery/copy services  mileage (per IRS rates)  other direct expenses Invoicing and Interest Charges:

Invoices are submitted monthly on an accrued cost basis. A finance charge of 1.5% per month may be assessed on all balances that are thirty days past due.

WALLACE GROUP 1
2022 Standard Billing Rates
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Exhibit B - Wallace Group Team Resource Estimate for the City of Seaside - Fernando Park
Director of Construction
Management (Zach Teske, PE)

ASSISTANT RESIDENT ENGINEER II
(Anthony Lehman)

PREVAILING WAGE

CONSTRUCTION INSPECTOR
(Gunner Hartman)

EARTH SYSTEMS
Misc. Direct Costs

TOTAL LABOR HOURS TOTAL
TASK DESCRIPTION HRS HRS HRS Cost Cost HRS LABOR COST
RATE $195 $165 $180 $$
1 Pre-Construction 2 32 $20 34 $5,670 $5,6902 Construction 4 40 67.5 $491 112 19,530 $20,0213 Geotechnical Services $ $3,500 3,5004 Post-Construction 2 12 14 2,370 $2,370 SUB-TOTALS 8 84 67.5 $591 160 #REF! $31,581
WALLACE GROUP LABOR COSTS $1,560 $13,860 $12,150 $27,570 WALLACE GROUP DIRECT COSTS $591
SUBCONSULTANT DIRECT COSTS $3,500 $3,500
DIRECT COSTS OVERHEAD @ 10% $409
TOTAL $32,070
Task Budgets may fluctuate within Overall Budget

PHASE/TASK
PP23-7938 Budget Estimate - Seaside - Fernando Park.xlsx Summary Page 1 8/3/2023 Packet Page 545
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EXHIBIT C

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

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

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

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

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

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

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

Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including Packet Page 546
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commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to Agency as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with Agency at all times during the term of this contract. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, Agency may cancel this Agreement.

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

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

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

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

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting Packet Page 548
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endorsement of any kind that has not been first submitted to Agency and approved of in writing.

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EXHIBIT D

REQUEST FOR ENGINEERING SERVICES
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REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

Proposal Requirements
Statement of Qualifications (SOQ) must be received by 5:00 PM Friday, April 22, 2022 at the following address:

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The SOQ should include the following information:

1. Name of proposer and principal contact person, including office location, address, telephone number, fax numbers and e-mail address.

Schedule for Selection Process
The proposed consultant selection schedule is as follows.

Release RFQ
Questions Due
Thursday, March 24, 2022
Friday, April 8, 2022
Proposal due
Proposal Ranking
Friday, April 22, 2022
April 24, 2022 – May 20, 2022
Consultant Award (if applicable) Friday, May 27, 2022
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All questions and/or contacts regarding this Request should be directed to:

1. Experience and demonstrated ability of the team. – 25 points

2. Appropriate relevant experience and skills of personnel (principals, project managers and other key personnel). – 30 points

3. Prime consultant and sub-consultants experience in providing similar projects. – 15 points

4. Client References. – 10 points

A. Engineering Services
Design, Survey and Geometrics
Pavement Evaluation, Design and Testing
Pavement Management Program Evaluation and Report
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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 4 - Hydrology/Hydraulic Analysis
Structural Analysis and Design
Well Design and Rehabilitation
Water System Design and Rehabilitation
Storm Drain System Design and Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations and Mitigation
Preliminary Engineering Studies
Technical Studies and Reports
Peer Reviews
Coordination with Other Agencies and Utilities
Constructability and Bidability Reviews
On-Call Services
Staff Augmentation
All materials submitted to the City will become the exclusive property of the City of Seaside.

The consultant will not be allowed to provide services when the City determines a potential conflict of interest may exist.

General Provisions

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the Packet Page 554
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 5 - prospective Consultant(s) for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.

3. A prospective Consultant(s) may withdraw their Qualifications at any time prior to the date and time which is set forth herein as the deadline for acceptance of Qualifications.

10. All Qualifications, charge rates or representations will remain in effect and be legally binding for at least one hundred twenty (120) days from the date of submission.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 6 -

11. This Request for Qualifications shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

Generally, the grounds for disqualification include:

2. Evidence of collusion, directly or indirectly, among prospective entities in regard to the amount, or the terms and conditions of this Request and the prospective agreement.

3. Influencing, or attempting to influence, any City staff member or official throughout the solicitation process, including the development of specifications beyond those included here, if any.

4. Evidence of submitting incorrect or inaccurate information in response to this Request or misrepresentation or failing to disclose facts during the evaluation or negotiation process.

5. Existence of any lawsuit, claim, or dispute between the prospective Consultant(s) and the City.

6. Evidence of the prospective Consultant(s)’s inability to successfully complete the responsibilities and obligations of the Request process.

7. The prospective Consultant(s)’s default under any City agreement or termination of a previous agreement.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 7 - Personal financial information that a prospective Consultant(s) considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked “CONFIDENTIAL: PERSONAL FINANCIAL RECORDS; NOT PUBLIC RECORDS.” A prospective Consultant(s) should not mark their entire Qualifications as “Confidential.” During the selection process, the City will keep such information confidential and will not disclose it, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that personal financial information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to any prospective agency that is not selected.

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EXHIBIT E
RESOLUTION 22-62 ON-CALL ENGINEERING SERVICES
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Samantha Alcaraz, Human Resources Analyst
Sandra Floyd, Human Resources Director/Risk Manager
DATE: August 17, 2023
SUBJECT: RATIFY AN AGREEMENT TO ENTER INTO A CONTRACT WITH

SLOAN SAKAI ATTORNEYS AT LAW FOR WORKPLACE

INVESTIGATIONS SERVICES

RECOMMENDATION
Ratify an agreement allowing the Mayor to execute an agreement with Sloan Sakai Attorneys At Law, as of August 10, 2023, to supply workplace investigations.

BACKGROUND
The Human Resources/Risk Management Department is requesting outside legal services to assist with workplace investigations that exceed the current Human Resources staff capacity.

The Sloan Sakai Attorneys At Law is a Public Law and Consulting Firm that has unparalleled experience representing public agencies in California. They have represented the State of California, the California Senate and Assembly, the Judicial Council of California, cities, counties, local agency formation commissions, and numerous other organizations and districts.

Their services will assist the City with workplace investigations.

If authorization is granted to ratify with Sloan Sakai Attorneys At Law, the agreement may be terminated upon five (5) business days written notice.

FISCAL IMPACT
The Finance Department is authorized to make any budget adjustments that are Packet Page 559

Item No. 8.J. Page 2 of 2
necessary as a result of this change.

ATTACHMENTS

1. Resolution

2. Contract
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION RATIFYING PROFESSIONAL SERVICE AGREEMENT WITH SLOAN SAKAI ATTORNEYS AT LAW FOR WORKPLACE INVESTIGATION SERVICES.

WHEREAS, Sloan Sakai Attorneys At Law is a full-service law firm offering a variety of legal services regarding employment and personnel matters of investigations, compensation, and classification, and Government Law Challenges; and
WHEREAS, Sloan Sakai Law Firm has been instrumental in representing public agencies in California, including the State of California, California Senate and Assembly, cities, counties, and numerous districts; and
WHEREAS, The City of Seaside has an immediate need for their assistance; and WHEREAS, Staff has determined the proposed scope of work and fees are reasonable considering the city’s needs; and
WHEREAS, the Finance Department is authorized to make any budget adjustments that are necessary; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorize the Mayor to execute a Services Agreement with Sloan Sakai Attorneys At Law.

BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the Finance Director to make any necessary budget adjustments to pay Sloan Sakai Attorneys Law Firm.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 17th day of August 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Jessica Riley, Assistant Finance Director
DATE: August 17, 2023
SUBJECT: CONSIDER APPROVAL OF THE ANNUAL BINGO LICENSE FOR THE YOUTH INCENTIVE PROGRAMS, INC.

RECOMMENDATION
Approve the application for the annual Bingo license for the Youth Incentive Programs, Inc. to conduct bingo games in the City of Seaside.

BACKGROUND
Section 5.16 of the City of Seaside Municipal Code requires that every non-profit organization that conducts bingo games in the City have a Bingo License. The process requires that an application be submitted to the City Clerk with the payment of a $50.00 fee. Each application is then reviewed by the City Council, which can issue, deny, or revoke the license. The license, if issued, is valid for a twelve-month period. Currently, there are no active bingo licenses in the City of Seaside.

The non-profit organization, Youth Incentive Programs, Inc. Inglewood, California, has submitted their application and their $50.00 fee for a bingo license. The organization has a history of engaging in charitable activities that includes feeding the homeless and providing residential housing. The organization would like to use the proceeds from hosting bingo games at the Oldemeyer Center to broaden their charitable goals in the City of Seaside to include donations to other non-profit organization such as St. Jude and American Legion in addition to continuing to support the homeless and youth of the City.

FISCAL IMPACT
The City charges a $50.00 for a Bingo License application and receives an additional fee of one percent of the monthly gross receipts over five thousand dollars derived from Packet Page 569

Item No. 9.A. Page 2 of 2
bingo games.

ATTACHMENTS

1. Bingo License Application for Youth Incentive Programs Inc., FYE 2024 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 570
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Alexia Rapoport, Housing Program Manager
DATE: August 17, 2023
SUBJECT: ADOPT A RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE CITY'S PERMANENT LOCAL HOUSING ALLOCATION FIVEYEAR PLAN

RECOMMENDATION
Adopt a resolution authorizing an amendment to the City's Permanent Local Housing Allocation Grant Program Five-Year Plan, as proposed.

BACKGROUND
In 2017, Governor Brown signed a 15-bill package aimed at addressing the state's housing shortage and high housing costs. As part of the package, Senate Bill 2 (SB 2) established a $75 recording fee on real estate documents to increase the supply of affordable homes in California. The proceeding program, called the Permanent Local Housing Allocation (PLHA), offers a permanent, ongoing source of funding to local governments for housing-related projects that assist in addressing the unmet housing needs of local communities. Because the number of real estate transactions recorded in each county will vary from year to year, revenues and PLHA funding will fluctuate. PLHA is administered by the California Department of Housing and Community Development (HCD).

Formula grants are available to both entitlement and non-entitlment jurisdictions based on the formula prescribed under federal law for the Community Development Block Grant (CDBG). The City of Seaside is a CDBG entitlement jurisdiction. The amount of PLHA funds allocated to the City of Seaside is proportionate to the City's share of the total 2017 CDBG allocation in California. The state estimates that the City will receive approximately $1,158,744 over the program's first five years. The City's 2019-2021 allocations are as follows:

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Item No. 9.B. Page 2 of 3
• 2019: $193,124
• 2020: $300,175
• 2021: $330,334
• Total To-Date: $823,633
The allocations City's allocations for 2022 and 2023 are yet to be determined by HCD.

In October 2022, the City Council authorized the submittal of an application to obtain the $823,633 PLHA award and adopted a use plan (Attachment 1). The City was awarded the $823,633 allocation in April 2023. The existing use plan allocates the funding across three activitie areas as follows:
• Issuance of a Request for Proposals (RFP) for the development of affordable housing on the following city-owned parcels: 956 and 962 Hilby Avenue and 1348-1380 Canyon Del Rey Blvd.
o 35% of total award
o $288,272 of allocation to-date
• Use of PLHA funds to renovate the existing unit and construct an Accessory Dwelling Unit (ADU) at 1124 Wheeler St., a city-owned property. o 15% of total award
o $123,545 of allocation to-date
• Purchase of foreclosed residential properties and vacant lots to renovate and construct an ADU.
o 50% of total award
o $411,817 of allocation to-date
PLHA use plans may be amended with City Council authorization and subsequent HCD approval. Upon further review, staff recommends adopting an amended use plan (Attachment 2). The proposed amendment consolidates the City's present and future PLHA allocations for pre-development costs associated with building affordable housing on two city-owned parcels located at 956 and 962 Hilby Avenue.The amended use plan lists the targeted AMI as 120% (moderate-income), though the exact affordability mix for a future project has not been finalized and may include units below 120% AMI.

City Staff will submit a new application for the remaining funding years (2022 and 2023) to receive its remaining allocation. HCD has announced the application window will open in August, though an exact date has not yet been given. City Staff anticipates the upcoming Notice of Funding Availability (NOFA) will be similar to the 2022 NOFA (Attachment 3).

The attached resolution (Attachment 4) and use plan will remain as proposed with the exception of minor changes as approved by the City Attorney.

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Item No. 9.B. Page 3 of 3

FISCAL IMPACT
None, no matching funds are required.

ATTACHMENTS

1. Existing PLHA Plan

2. PLHA 5-Year Plan Amendment

3. 2022 NOFA

4. 2023-PLHA-Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 574
Local Gqvernment Formula Allocation for New Applicants I ReV211602 EliqibleApplicantType: lEntffiement
Lozl Goveniment Recipient of PLHA Fomiula Allocatlon: Seaside 2020 PLHA NOFA Fomiula Allocation Amount S193,124 2020 NOFA Allowable Local Admin (5%l: $9,656 2021 PLHA NOFA Fomiula Allocation Amounta $300,175 2021 NOFA Allowable Local Admin (5")1): 515,009 2022 PLHA NOFA Fomiula AlloaiUon Amount 5330,334 2022 NOFA Allowable Local Admin (5oAl: 516,517 Instnictions: Ifthe Local Govemment Re6pient ofthe F'LtA Formula Allocation delegated m PLHAformula allocauon to a Local Housing Tnist Fund orto anoTher Local Govemment, the Applicant (forwhich Infomia(ion is required below) is the Local Housing Trust Fund or administeting Local GovemmenL The PLHA award win be madeto the App}icant (upon meeting threshold requtrements) and the Appliant is responsible far rneeting all program requirements throughou} lhe terrn ofthe Standard Agreement The302(c%4)Plantempla}eworksheetrequires firstdioosing oneormoreoftheEligibleAdivmeslisted below_ ffTesois dicked, the 302(c%4) Plan worksheet opens a series of quesiions about what precise actMtias are planned. Somespec+Tic adivies, such as providing downpayment assistance to lower-income households for acquisffion of an affordable home, could be included imder eTherActivity 2 or 9_Please only choose one ofthose Aciiviiies; dor!t list the downpayment assistance under both A6+fies_ Ifthe PLHAfunds are used for the same Activity but for dfierentArea Median Income (AMI) level, select the same Achity twice (or more times) and the dfflerentAMl level the Adivity will serve_ Please enterthe percentage offunds allocated tothe Acbity in onty the firstAcb% listing to avoid double counting the funding allocation For each year (2019-2023), alloaitions mustequal 100% annually includ{ng the allowable administrative costs of up to 5%.

El}g}bl* Applicants §300
§300(a)and(b)ElignileApplicantsfortheEntaamentandNon-Entiernentfomiulacomponen! ducribed in Sed'on §100(b%1) and (2) are nmited to the metropolitan cffles and urban counties allocated a grant forthe federal fiscal year 20j7 puisuant ta the federal CDBG fomiula specilied in 42 USC, SecUon §5306 and Nan-enf+llement lo>l gaveinnienLs App(icant latyofSeaside
Address: 144flHaraiurtAve
C%: lSeaside {Shte: ICA {TJp: 193955 ICounty:lMonterey
AuthRepName: IJa)maM_Fontes iintle: ICayMaraager 'AuthRep_Email. [email protected] IPhone: l 831-899-67(IT Address: 1440HaiaiurtAve City: lSeaside IState: .CA IZip Code: l 93955 ContadName: IRobertaGreathouse{n!Is: IHummiRarajol ContactEmail: [email protected] ContadPhone: l 8i-899-6713 )%k!ress: 1440HaraiurtAve City: ISeaside lState: CA {Z+pCode: I 93955 §300(d) IsAppU>nt delegated by another Lo>i govmnnantto admiister on {ti b ehalfks fomiula alloaition of program krnds) No §300(d) IfAppffcant answered Yes- above, has theApp&'ant atta6ed the kiga{ly binding agreement required by §300 (c) and (d)7 A sample agreement ain be
found by double idang on
the icontothe nghl
'a
!4Wj4%
-
N/A
Rle Name: ApplicaNon and Adoptinq the PLHA
Plan 12019-2023 Allocations1 Reso
%rsuantto secfion 30Jc%4)oF the GuideHnes, Applicar%s PLHA Plan for 2019-2a23 alloaitians is attad'ied tothis resolution, and Applicant cattffles compliance wTh all pubHc notice, camment and fiearing requirementi m aa:ordance wh the Guid6es.

Yes-.

Uploaded to
HCD? Y@e
File Name: A001 nN {Jploaded to HCD? _ Ys,_
Ftki Name: Appliaint DeTegation Agreement tcg4 binding myiaiidlmwvsi DJvgmliiiy euulAiluiiijstering Loaal'Govemments (sample pmyustdk*on iaan in row 17, mlumn Al) Uploaded to HCD? WA l--
EligThl* Acttvjttx, §301 ,
§301(a) Bigil ile actimes are limited to the follom ng: Ini:luded? §301(s)(1)Thepredevelopmentdevelopment,aisiiion,rehabuitation,andpresetvationcdmumUy,residentiallive-woik,mntalhousing.thgtisaffordath'tp '- ' Extremely low-Very low-, Low-, or Moderate-aoome housebokttmdu neoassary apermng subskUes_ FYES §301(a%2) The predevelopment dgyekipment, aoqudon, mmal;tian, and pieservaUon of affomable rental and'ownerst$ housing, induding Acmsory Dwelling Units (ADUsi that meets the nesds ofa growingworkfot>eaming WPto 120 peramt of'AMl or 550 perfofAMl in high-ast areas. ADus shall bs avaWabki for opanq for a temi of na kmttrin30 days.

FYES
§301(a)(3) Matching poians of funtb pbced into Loca1 or Regional Hous+ngTnistFu. ' I'lYES §30'l(A%4)."MatchingpomonsmfunbavailabThthmugbtheLow-andModerate-lneHousingAssetFumjpursuanjtosubd'ivision(d)ofQCSeion34176. ' rms §301(a)(5) CaphuzeA Reser'vesforservi connededto thapmervmon and qemon of new pemianentsupporhe housing. rYES !301,(!1H6) b)stgig persorawho:are expeii=ng Or#-nsk ofhommssness, inng;bid not to,proyiding rapid re-housing, rental assistan>., aipporUve/case managgnentservi Thm allow people to obtain and retain housing, opera% and capdal cosbi for nav+gation centars and emergency shmers, and fie new mnstni&on, rehabintation, and preservation cf permanent and transmonal hous'kig_ r_ms
§301(a)(7) Accesstbinty modifiadions : Lower-inwme Owner-oca:ed hastng_ ' rYES §301(a%8) Effo: toaapAre and rehmbBame.fora:osed or va>m hornea and aparhnents_ EYES §301(a%9) Homeowneiship opportunffles, induding, but not limned to, down pa)+rnent assistance. " ' [YES §301(a)(10)FisThl incermves madebyacou4 io.a$ 'wn t5ecoumyto'+nceritMze.appr6val ofoneor.moreaffordablehausingProjects;* mgbJiingkindsmesfed by a oountyin anaffprdablehousingdevelopmsntPro3e4nna akywtmintheeo(mty.provttiatthe $ ha madeanequal'orgreaterinvestmentintheProjecLThe countyfiacaltnhes shaNbatnthe.fomiofa grantarlow-interestk+anto anaffordablehousingProjecLMatching.fundsmveshnentsbybothtttea>untyandthe$ a!soshaube.agrantorTow-interest4efeiredloantotheafordablehousingProled nYES
Thrxhold R*quirem*nts, §302 '
§3024a) The Applicar%s Housing Elemem and Delegating Loail Govemmerds Housing Element (ffappliaable)was/wer* adopted by the Local Goveminerds goveming body by The applion subm+ml date subsequently detemiined to be in substantial compnance w+thstate Housing Element Law pursuant to Govemment Code Sed'on 65585. ' ' Yes §:MQb)ApplicantorDelegatingLoaalGovemmenthassubrdtedthe cunen!orptioryear'sAnnualProgressReportotheDeparhentofHousingandCommu$ Deve!opmem pursuantto Govemment Code Sedion 65400. Yes
§3024c%2)ApplicardcettifiedintheResolutionsubmittedwmithisappncaticnthatsubmmsionofthe appOcationwasautha*ed bythegovernig boardoftheApplicant. l" YQ=_,,',' §302(-c%3)Appli>mcerfiTiedmtheResoluUonsubmaedmfhNsapplicationthat,+TtheLocalGovemrnemproposesallocationoffundsforany-acMytoanot+!erentdy,the Local govemmenls seleThon pro had no confiids of inlerest and was acible to the public_ - YM, ' Qc%4) A4ipli>mced intheResoluUonsubmtft*dmththisapplicationthattheapplicationindudeaPlanin accordanoewTh§302(c%4)? .Yes §-302(c%4%D}Appliaent certffied : the Resolution subm+tied va this applimon thm the Plan was authorized and gdopted by resolution bythe Lo>l Governrnem and that the pubUc had an adequate opporhinity to review and comment on its cordent 'Yem . §3024c%5) Appliaint ariifsd in the Raolution submmed vh this application that the Plan submitted is for a term offive years (2019-2023). Local Govemmants agree to inform the Dsparhnem of changes made to the Plan in each succeeding year ofthetemi of the Plan. ' Ye' §302(c%6) Applicant cerUfied in the Resolution submmed i6 this application that nJl ensure compliance with fi302(c)(6) iffunds are used forthe acqutsmon, construdion, or rehabnMon offar-sale housing prolecbi or unm wdhin for-sale housing propcts.

Yes
§302(c)(7) Applicant certFied in the Resolution submam mth this application that h will ensure thatthe PLHA assistance is in the form of a low-interest, defeired loan to the Sponsor ofthe Prol*ct, iffunds are used forthe development of an Affordable Rental Housing DevelopmenL The loan shall bs evidenced through a Promissory Note secured by a Deed ofTnist and a Regulatory Agreement shall restnd occupancy and rems in accordance vAThthe Local govemment-approved underwrmng ofthe Proledhr a teirn of at least 55 yeara. '
Yes
!'
§3(Qc%8)HasApplicantatfadiedaprogramincomereuseplandescnbmghovirepaidloansoraccniedinterestwillbs reusedforeligibleadivft+is spe in Sedion 301? =-l------- }:,'4;;:::::':;,'::7:;:"blnghOWr'aldlOa"OraCCl"ln'ara't"l"uSa' I Narratlve utoploHacd:, IIIUI hBil Packet Page 575
Padm Page 3€r"a"aaa-'App"'
§302(C%4)Plan Rev.2/16/22 j
!302(C%4%A) Desfflbethemannerinwhlchallocatedfundswillbsusedforeligiblea*ifies l The €% ofSeas}ds-mll utilize PLHAfundsforthefollowing activiies:1) acquisnion and development ofland, developmnt ofADlfs, and/6i aoquisRionand rehabilitation ofvacant orforedosed homes, 2) piedevelopnent and othersofi costs, induding but not limited to land COSIS,legal fees, deniolition and site !iprovements, offs+te improvements, architeduraUenginesring fees, environmantal reviewfees, fit)e!recording,taxes/assessrnent,3) finanang costs including but nat limited to appraisalhnarket shidy, pefonnanoe bond costs, onstnicUon loan in}erest, lenderinspedions, legal aists, construdton loan cos(s, 4) s)ts and buHdingconstrudion a+sts, 5) lease-up costs, and 5) contingenaes and developer fee.

ECH4)(B)PrO"dead"a"='0n0"0-=Y""0""m-=nt'l=='-'nVOS'-n'='=ail=ea="=u='Ofh0=-Ing TheatyofSeasidealyownsseveralpmpdesthatareeitherbeinguUIizedforaffordablehousingorhavebeentden[iffedasfufurehousingoppoitunitias. TheCityre>ntlyaquired956HillbyAve (purdiased mS450,(10(+on July 10, 2020) and9!i HillbyAve (purdiased at$500,000 in Febniary 2022) to build multifarmlyaffordable rental houaing.This housing proleidwill asisst househo{dswith inome at orMm60 perawt oftheArea Median Income (AMI). In addi5on, the CRyowns.55 aaas at 1348-1380 Canyan Del Rey Baulevard and this lot has been identified as a sitethat ain bs usedfaraffordable houstng Finaily,theCityownsandairreniiyrentsout1124WheelerStreetFortheHilbyandCanyonDelReyltiaitions,theCoun61hasdirec!edstafftosendoutarequestforproposalsevaluatehouslng optiorisattheselotJions_ TheWheelerpropedy+sinneedofrenovationsandthelotwillsuppoitanADUwhi&aru!daddtothea!y'saffordab}ehousingsupply. §3Qc%4)(C)ProvideadesiptianofhowthePlanisconsistent mthlheprogramsset'forthintheLoailGovemmer%s HousingElemant l Theaty ofSeaside has several housing pr6b{emsrelating to housing age, castburden and overaowding. At!easf 75 percentofthe hous(ng stodiis more 30 years old. Two ofthe CnyasHaus{ng Element goals address programsto tnprove the quanty and safety ofextsting housing stod( 1) Goal H-I -Mell mainta{ned neighborhoods and hausing condfflonssuppori an improvm quality ofnfe.' and 2) aArnple ngwafforabTe houslngfarverylmiv, low, andmoderrate.o Policies implenantingrehabilatation and/ordemo!mon address residentlal hazards, rbsoura ainservation and aquisiffon as program, forenhanang thequal$oflffeforthaSeaside commumty_
="-='-="'ActivftilibA!l:(A'efmit%S:E)etml(Mu!MMki:JgeMdkin6n'FoffiilmAIkxnAppiiaffiiktlieetNWderEffgi51eXdM!iffi:'§:MY))".- " ' _",7 '-a-,, ..'l "'t-(a%_tmuseh'Theopridsa"a'uJ'mopmemlnqne""""""Opeimaoqutsnq,bltim €+lfai::Wehtlbit+taa(tll andpretlonOfnuil@Famuy, r:4eraal live-york, rsmat h.0_u4i§fiiai:7__affOrdatll:tO__lO:y@_.;l.oa:,'.lffiml'aor minderMtea i'UXeH4) lE%i)Provideadetailedanda>rnpletedasaiptionofhowallo>tedfundswillbeusedforeadiproposedAffordable RentalHousingAd'vity. l TheatyofSeasJde ds to soliaprop hmUie develapment ofaffodable housing at956 HilToyAve, 962 HillbyAve, and al3A3-'1380Canyon Oel Rey Blvd in 2023. The Requestfor Proposal mll idenhfyl UiefundsthatareavaUableandmllouuinetheeligibleusesofthefunds,seled{onaitma,temsandainonsforthefunds,app!iztionrequireinenis,andduedateforappl}cations_Seleaong)teriaw'u I indude apreferena=forapplians vMdh indude the highesinumberof affardable units atthe deepestlevel ofaffordability. I Complete the table belowfor udh proposedAffordable Rental Hous}ngAcii$ to be funded with 2019-2023 PLHA alloaitians. If a singleAd'$ mll m assisting households at more than one level ofArea t!ledian Income,please listthe AdMty as manytimesa needed to >pture all oftheAMl levels that will m assLited, but only showfie peroemge of annual funding allocated to the Ad'vity one time (to avoid doubla aiunting).
,,......,..,,.,.., I
2019 I2020 I21 I
2022
2023 I .1I........1 Il... 4i
I

1.-..1....._t_] I
Peraintage of
forthe
Rental
a Ai$
Area Median
Level Served
35_0%
60%

35.0%
l35.0%
60%1.
35_0%
, 60%
I

35.0%
60%
' . ' I
. I -
' a ' 4i 41:
i a I ) ..l (a, : M
'i."'a aa'1 ,+,(*i'f,i,l:r"'1, . "'ala"s ,' lil
TOTAL
j.

Unmetshaie of
RHNA at the AMI Level
complete foryears 2019,
2021 on!y
Pmjeded
ofHouseholds Seived
I
fi
o
U
o
I
I
' 95 i
I
0 I
o
I
i
4'
128
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PLHA ?azeI 3D2(cliil)Pl.in
Packet Page 576
Packet Page 38
302(c%4) ?lan
ype ofAThvity Rentat Renlal: Ren!al: Renhit Rental:

Acquisffion ACqulSiflOn
Percentage of
Funds Allocated for the
Adivity
sooos so.oot 5[).00% 50.00% 50.00%
Area Median
Level Served TOTAL
untnet share of
RHNA atA)vTI Level
complete for years 2019,
2021 only
Projeded
of Households Seived
§302(c)(4%E%iv)Periodof
4ordabilityforthe Proposed
Aaivity (55years required for
iental housing prolects)
§302(c)(4%E)(iif)A descriptionofmajorsteps/ad'ons anda proposedsdiedule forthe irrylementationand complmonoftheAdMty.

TheCityofSeasidehasidenMedseyeralhamasandresidentialkiJttatap.vaaintandind'srepair. Theatymllat[empttopurchaseonaormareoftheseproperUestorenovateandpotentiallyaddanADU orJunrorADUtotheproperty .TheCityofSeasidemllaknkipuraatleastonevaauitorforedsumm eraf2024 PLHA Page3
Packet Page 577
Packet Page 40
PLHA Page 1 Formula Allocation Application
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a) Eligible activities are limited to the following: Included? Eligible Activities, §301
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.

PLHA Formula 5-year Plan - Amendment Rev. 5/7/21
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
Packet Page 578
PLHA Page 1 302(c)(4) Plan
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity. Percentage of Funds Allocated for Affordable Owneroccupied Workforce Housing 100% The City of Seaside intends to use 100% of its PLHA funds for the 2019-2023 award period to undertake predevelopment activities central to the completion of an affordable housing development upon two adjacent city-owned sites. The predevelopment activities include land improvements, environmental review fees, demolition, land improvements, relocation costs, site improvements, and architectural/engineering fees
Funding Allocation Year 2019 2020 2021 2022 2023
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for year 2019
& 2020 only
0 §302(c)(4)(E)(ii) Projected
Number of Households Served 12 12 12 12 12 60
§302(c)(4)(E)(i) Percentage of
Funds Allocated for Each
Affordable Housing Activity
100% 100% 100% 100% 100%
0 §302(c)(4)(E)(ii) Area Median
Income Level Served 120% 120% 120% 120% 120% TOTAL
Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Type of Affordable Housing
Activity
Rental:

Predevelop
ment
Rental:

Predevelo
pment
Rental:

Predevelo
pment
0 §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The City of Seaside's 6th Cycle Regional Housing Needs Allocation totals 616 units, including 86 very-low, 55 low, and 156 moderate-income units. The City is committed to proactively addressing its current and future housing needs. The City's 5th Cycle and Draft 6th Cycle Housing Elements identify aging housing stock, cost burden, and overcrowding as pressing housing issues. The City's population is also aging and experiencing a decline in both young adults and persons of color due to rising unaffordability. The City's existing 5th Cycle Housing Element identifies goals to address the quality and affordability of the City's housing stock, 1) Goal H-1- "Well maintained neighborhoods and housing conditions support an improved qualify of life." and 2) "Ample new affordable housing for very-low, low, and moderate income households." The completion of the proposed predevelopment activities and the resulting affordable housing units will advance the City's Housing Element compliance and bring the city closer to meeting its RHNA goals.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderateincome households, including necessary Operating subsidies. §302(c)(4) Plan Rev. 5/7/21
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Seaside owns two adjacent parcels located at 956 and 962 Hilby Avenue. The parcels are located in an ideal location-- within walking distance to quality transit, amenities, and services. The City intends to build affordable housing upon the parcels and will utilize its PLHA funds to undertake pre-development activities essential to the project's success. Such activities include: land improvements, environmental review fees, demolition, land improvements, relocation costs, site improvements, and architectural/engineering fees. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The City of Seaside intends to develop affordable multifamily housing upon two city-owned parcels located at 956 and 962 Hilby Avenue. The proposed use of PLHA funds for the execution of essential predevelopment activities will directly increase the City's affordable housing supply, directly benefiting households earning at or below 60% AMI. The completion of pre-development activities will produce a clearer project plan, including the project's density and affordability mix. The proposed activities will re-develop two underutilized sites and increase the City's affordable housing stock.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) Packet Page 579
PLHA Page 2 302(c)(4) Plan
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.

Upon HCD approval of the City's updated 5-year plan, City Staff will issue RFPs to identify and contract qualified professionals to begin accomplishing predevelopment activities. Applications will be analyzed by staff for completeness and alignment with the RFP preferences, program funding requirements, and applicable guidelines. Once contracts are awarded, the predevelopment activities will commence and City Staff will ensure project timelines are met.
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. §302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project. §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Packet Page 580
PLHA Page 1 Appplication Support
Organization: Email: Contact Phone:

Application Development Team (ADT) Support Form Rev. 5/7/21 Please complete the "yellow" cells in the form below and email a copy to: [email protected]. and [email protected]. A member of the Application Development Team will respond to your request within ASAP.

Full Name: Date Requested: Application
Version Date:

Justification:

Issue # Program
Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date 2 1
3 4
6 5
7 8
10 9
11 12
14 13
15 16
18 17
19 20
22 21
23 24
25 Packet Page 581
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670
Sacramento, CA 95833
(916) 263-2771
www.hcd.ca.gov
August 17, 2022
Amended October 18, 2022
MEMORANDUM FOR: All Potential Applicants
FROM: Jennifer Seeger, Deputy Director
Division of State Financial Assistance
SUBJECT: 2022 Permanent Local Housing Allocation
Program Entitlement and Non-Entitlement Local
Government Formula Component – Notice of
Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of the 2022 Entitlement and Non-Entitlement Local government formula component Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 funds in addition to the $131 million in remaining calendar year 2019 and calendar year 2020 funds for the Permanent Local Housing Allocation (PLHA) formula allocation program. Appendix A details the total funds available to each eligible locality under this NOFA for housing-related projects and programs that assist in addressing unmet housing needs of their local communities.

First Time Applicants: This will be the last year for Applicants to apply for their 2019 calendar year allocation. Jurisdictions that have not previously applied must meet all threshold requirements as outlined in Part II, Section F, of the attached NOFA.

Second- or Third-Year Applicants: Jurisdictions that have previously applied and received an award of 2019 and/or 2020 funds are not required to resubmit all threshold documents but must demonstrate all threshold requirements continue to be met as noted in Part II, Section G, of this NOFA
Housing Element Compliance Requirements: All applicants are required to demonstrate a fully compliant Housing element as detailed in Part II, section F or G, as applicable, by no later than February 28, 2023, to receive an award of funds. *** PLEASE NOTE ***
Any 2019 calendar year funds remaining after the close of the NOFA application period will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program (Chapter 6.7 commencing with Section 50675) pursuant to Health and Safety Code Section 50470 (b)((2)(B)(ii)(VI) to be made available through a future Multifamily Housing Program Notice of Funding Availability.

Packet Page 582
2022 Permanent Local Housing Allocation Program
Entitlement and Non-Entitlement Local Government NOFA

Page 2 ends

The application submittal portal will be available and open for applications beginning August 17, 2022.

Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted. Applications will be accepted through October 31, 2022 November 30, 2022 and must be submitted electronically through the Department’s website. Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at http://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml.

The PLHA application forms, workshop details, and Guidelines are posted on the Department’s website. To receive information on workshops and other updates, please subscribe to the PLHA listserv by clicking on “Email Sign-Up” on the Department’s website. If you have any further questions, please contact [email protected].

Attachment
Packet Page 583
Permanent Local Housing Allocation Program
Entitlement and Non-Entitlement Local
Government Formula Component
2022 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml Email: [email protected]
August 17, 2022
Amended October 18, 2022
Packet Page 584
Table of Contents
I. Overview ........................................................................................................................... 5 A. Notice of Funding Availability .................................................................................. 5 B. Timeline .................................................................................................................. 6 C. Authorizing Legislation and Regulations ................................................................. 6 II. Program Requirements...................................................................................................... 6 A. Eligible Applicants ................................................................................................... 7 B. Eligible Activities ..................................................................................................... 7 C. Allocation of funding and award limits ..................................................................... 9 D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs....11 E. Application review ................................................................................................. 11 F. Threshold requirements for Previous Awardees....................................................11 G. Threshold requirements for First-Time Applicants.................................................13 H. Administration and reporting requirements............................................................15 III. Application submission and review procedures ...............................................................15 A. Application submission process ............................................................................15 B. Application Workshops..........................................................................................16 IV. Appeals ...........................................................................................................................16 A. Basis of appeals....................................................................................................16 B. Appeal process and deadlines ..............................................................................16 C. Decisions ..............................................................................................................17 D. Award announcements and contracts ...................................................................17 V. Other state requirements ................................................................................................. 17 A. Pet Friendly Housing Act of 2017..........................................................................17 B. Accessibility and non-discrimination......................................................................17 IV. Other terms and conditions..............................................................................................18 A. Right to modify or suspend....................................................................................18 B. Disclosure of application .......................................................................................18 C. Conflicts ................................................................................................................18 APPENDICES............................................................................................................................20 Packet Page 585
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
5 I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department or HCD) is announcing the release of the 2022 Permanent Local Housing Allocation (PLHA) Program’s Formula Component Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 funds in addition to the $131 million in calendar year 2019 and calendar year 2020 funds for Entitlement and Non-Entitlement Local governments. This NOFA is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2021 and includes any remaining unawarded funds not requested for calendar years 2019 and 2020.

Funding for this NOFA is provided pursuant to Senate Bill 2 (SB 2) (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

In 2022, the Department will issue two separate NOFAs to award the PLHA funds:
• Formula Component NOFA for Entitlement and Non-Entitlement Local governments
• Non-Entitlement Local Government Competitive NOFA (anticipated in June 2022)
This NOFA outlines threshold and application requirements for Entitlement Local governments and Non-Entitlement Local governments as defined in Guidelines Section 101. Entitlement Local governments are metropolitan cities and urban counties that received a Community Development Block Grant (CDBG) for fiscal year 2017pursuant to the federal formula specified in 42 U.S. Code, Section 5306.

Please note that this NOFA has two separate threshold requirements sections:
• Local governments that received an award under the 2020 or 2021 Formula Component NOFA are subject to the threshold requirements outlined in Part II, Section F
• Local governments that have not previously applied for and received a PLHA award must meet the threshold requirements outlined in Part II, Section G *** PLEASE NOTE ***
Any 2019 calendar year funds remaining after the close of the NOFA application period will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program (Chapter 6.7 commencing with Section 50675) pursuant to Health and Safety Code Section 50470 (b)((2)(B)(ii)(VI) to be made available through a future Multifamily Housing Program Notice of Funding Availability.

Packet Page 586
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
6 B. Timeline
C. Authorizing Legislation and Regulations
Senate Bill 2 (Chapter 364, Statutes of 2017) established the PLHA Program. The program operates under the requirements of Health and Safety Code (HSC), Part 2 of Division 31,Chapter 2.5 (commencing with Section 50470).

Section 50470 (b)(2)(B)(i) of the HSC authorizes the Department to allocate 70 percent of the moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments.

Section 50470 (b)(2)(B)(i)(I) of the HSC requires the Department to allocate 90 percent of PLHA funds available to Local governments based on the federal CDBG formula specified in 42 U.S. Code, Section 5306, except that the portion allocated to Non-Entitlement Local governments is required to be distributed through a competitive grant program for Non-Entitlement Local governments.

Section 50470 (b)(2)(B)(i)(II) of the HSC requires the Department to allocate the remaining 10 percent of PLHA funds available to Local governments equitably to Non-Entitlement Local governments.

Section 50470 (d) authorizes the Department to adopt Guidelines to implement the PLHA program, not subject to the rulemaking provisions of the California Administrative Procedure Act.

This NOFA governs the administration of funding from the Fund (created by Section 50470, subdivision (a)(1) and appropriated by item 2240-103-3317 in theBudget Act of 2019) and made available under the PLHA program.

Capitalized terms not otherwise defined in this NOFA shall have the meanings set forth in Guidelines Section 101.

II. Program Requirements
The following is provided as a summary for the allocation of the PLHA funds to Entitlement Non-Entitlement Local governments and is not to be considered a complete representation of the eligibility, threshold, or other requirements, terms, and conditions.

NOFA Release Date August 17, 2022
Application Submittal August 17, 2022 –
October 31, 2022 November 30,
2022
Award Announcement Ongoing through February 2023
Packet Page 587
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
7 This 2022 NOFA represents the third year of funding under the PLHA program for the Entitlement and Non-Entitlement Local Government Formula Component as detailed below:

Revenue Collection period NOFA Issuance
2019 CY 2020
2020 CY 2021
2021 CY 2022
A. Eligible Applicants
An Applicant must be an Entitlement Local government, a Non-Entitlement Local government, or a Local or Regional Housing Trust Fund delegated by the Local government pursuant to Guidelines Section 300. Appendix A of the NOFA contains the list of eligible Applicants.

1. Delegation of Formula Allocation
An eligible Applicant may delegate their entire formula allocation to either another Local government or to a Local or Regional Housing Trust Fund. A Local government that delegates their formula allocation to another Local government or to a Housing Trust Fund must enter into a legally binding agreementwith the other Local government or Housing Trust Fund. The delegate must submit the PLHA application on behalf of the recipient of the PLHA Formula Allocation and wholly administer the entire formula component of PLHA funds on behalf of the delegator for the full term of the PLHA Plan, as set forth in Guidelines Section 300(c). Both the delegating Local government and the Applicant must meet the housing element compliance threshold requirement as outlined in Section II, Part F of this NOFA.

Upon delegating its entire formula allocation to another Local government or to a Local or Regional Housing Trust Fund, the Local government that delegated their allocation is no longer involved in the PLHA application or administration of the PLHA grant for the full term of the PLHA Plan, which extends through 2023. The delegated Local government or Trust Fund assumes full responsibility for compliance with statute and for meeting all the Department’s requirements, including any penalties for non-compliance.

A partial funding delegation is not permitted under the delegation authority.

However, a Local government can subgrant a portion of its allocation to another entity, as permittedby Guidelines Section 302(c)(3). When a Local government subgrants a portion of its allocation to another entity, the Local government remains fully accountable and responsible for compliance with statute and for meeting all of the Department’s requirements, including any penalties for noncompliance.

B. Eligible Activities
Pursuant to Guidelines Section 301(a), the PLHA funds allocated to eligible Packet Page 588
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
8 Applicants must be used to carry out one or more of the eligible activities listed below. All services must be provided within the county containing the Local government recipient.

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is Affordable to extremely low-, very low-, low-, or Moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, see appendix B for a list of High-cost areas, including necessary Operating subsidies). Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for alist of High-cost areas in California.

Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of Affordable rental and ownership housing, as otherwise there is no actual housing outcome of the predevelopment or acquisitionassistance.

3. Matching portions of funds placed into Local or Regional Housing Trust Funds.

Matching funds must be utilized as required by PLHA guidelines Section 301(a).

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Matching funds must be utilized as required by PLHA guidelines Section 301(a).

5. Capitalized Reserves for Services connected to the preservation and creation of newPermanent Supportive Housing (up to 30 percent of AMI).

6. Assisting persons who are experiencing or At risk of homelessness in conformance with 24 Code of Federal Regulations (CFR Section 578.3), (up to 30 percent of AMI), including
a. Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services;
b. Rental assistance with a term of at least six (6) months (rental arrears is not eligible);
c. Street outreach, and other supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing;
d. Operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and Packet Page 589
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
9 transitional housing.

This Activity may include subawards to administrative entities as definedin HSC Section 50490(a) (1-3) that were awarded California Emergency Solutions and Housing (CESH) Program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.

Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with Welfare Institutions Code (WIC) Section 8255(b)(8). An Applicant allocated fundsfor the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255(b).

7. Accessibility modifications in Lower-income Owner- occupied housing (up to 80 percent of AMI).

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in Highcost areas).

9. Homeownership opportunities, including, but not limited to, down payment assistance to those earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas.

10.Fiscal incentives made by a county to a city within the county to incentivize approvalof one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing project earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas.

Twenty percent of the moneys in the Fund are required by statute to be expended for Affordable Owner Occupied
Workforce Housing (AOWH). If funding proposed in Local
government Plans for AOWH activities is lower than 20 percent of the moneys available in the Fund, the Department may require Local governments to use a specific percentage of their annual formula allocations in some future year for AOWH activities as part of the annual funding process.

C. Allocation of funding and award limits
Appendix A lists the dollar amount of the allocation of PLHA funds. There is a Packet Page 590
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
10 column indicating allocations for calendar years 2021, 2020 and 2019. If a Local government applied for and received their 2010 or 2020 allocations, there is a blank in those columns. If a Local government HAS NOT applied before this NOFA, there will be an amount listed in each of the 2019, 2020, and 2021 columns.

The PLHA funds allocated to each Entitlement Local government is directly proportionate to each Entitlement Local Government’s share of the total 2017 Community Development Block Grant Fund Allocation in California.

The PLHA funds allocated to each Non-Entitlement Local Government is based on the sum of:

1. Fifty percent of the funding available for the Non-Entitlement formula component divided by the number of Local governments eligible for the Non-Entitlement formula component; and

2. Fifty percent of the funding available for the Non-Entitlement formula component allocated in proportion to each Non-Entitlement Local government’s share of the total most severe housing need in California’s Non-Entitlement Local governments,based upon the most recent U.S. Department of Housing and Urban Development (HUD) Comprehensive Housing Affordability Strategy (CHAS) data.

Two or more Local governments may expend PLHA funds on an eligible jointly funded project, provided the project is an eligible Activity pursuant to Guidelines Section 301(a),and will be located within the boundaries of one of the Local governments.

An Applicant eligible for an allocation of PLHA funds must comply with the Deadline andFunding Requirements set forth in Guidelines Section 304.

In order to avoid amending the Department Standard Agreement each year, and to expedite the disbursement of PLHA funds, the Department Standard Agreement and the Applicant’s PLHA resolution shall include a five-year estimate of PLHA formula allocations, as stated in Appendix C, as the maximum funding amount. The actual amounts may be lower, and the disbursements will be based on the actual allocation amounts.

Please be advised that no funding from any subsequent year will be disbursed if the Local government is not in compliance with the housing element requirement and the Housing Element Annual Progress Report (APR) requirement stated in Guidelines Section 302(a) and (b), or in the event that the Local government has not submitted its annual PLHA report, as required by Guidelines Section 503. Please refer to Appendix D for more information on verifying housing element and APR status. In addition, the grantee must be in compliance with commitment requirements stated in Guidelines Sections 300(e) and must not incur penalties stated in Guidelines Section 502.

Packet Page 591
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
11 D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs A Local government that receives an award under this NOFA shall not use more than 5 percent (5%) of the award for administrative costs related to the execution of eligible activities.

Staff and overhead costs directly related to carrying out the eligible activities described in Guidelines Section 301(a) are “activity costs” and not subject to the cap on administrative costs. A Local government may share any funds available for administrative costs with entities to which it provides funding.

Predevelopment expenses for construction projects funded by PLHA funds and costs to develop and prepare the PLHA application and Plan may be paid from the PLHA funds regardless of when the costs were incurred. Reimbursement of expenses to prepare the PLHA application and Plan are subject to the cap on administrative costs. Other costs incurred more than one year prior to commitment by the Local government may not be paid from the PLHA funds.

E. Application review
An Applicant must submit a complete application and other documents by the deadline stated in this NOFA. Applications submitted in response to this NOFA must meet the threshold requirements set forth in this section and in the Guidelines Section 302.

F. Threshold requirements for Previous Awardees
Applicants that received awards from the 2021 Formula Allocation NOFA must meet all of the following threshold requirements:

1. Housing Element Compliance: The Applicant and delegating Local government, if applicable, must be a locality with an adopted housing element that has been found by the Department to be in substantial compliance with the requirements of Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, pursuant to Government Code section 65585 at time of application at the time of award. Awards will be made through February 2023. If a jurisdiction submits an application prior to the November 30th application closing deadline but fails to demonstrate that their housing element is in compliance by February 28, 2023, will not be eligible and any 2019 funds will revert to the Housing Rehabilitation Loan Fund per statute. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

2. The Applicant must have submitted to the Department the Annual Progress Report on the Housing Element for the 2021 calendar year reporting period by the submittal date.

Packet Page 592
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
12 3. Applicant must have submitted to the Department the Annual PLHA Report if the application is submitted on or after July 31, 2022, which is the deadline for the Annual Report.

4. Applicant must have met the commitment requirements stated in PLHA Guidelines Section 300(e).

5. The application must request an allocation pursuant to Section 200 of the PLHA Guidelines. Previous awardees have already received Department approval for theirfive-year PLHA Plan, which lists the activities that the Local government plans to provide using the five years of funding contained in the Standard Agreement. The PLHA Plan continues in force and effect unless the Local government amends the Plan to provide different activities that are eligible under PLHA statute and Guidelines. If the Plan is amended so that more than 10 percent of funds are moved toa different activity, the Plan must be formally amended, including discussion and approval at a publicly noticed meeting of the Local government’s governing board, and the Plan must be submitted to the Department for approval. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in Section 301(c).

6. Submission of the application must be authorized by the governing board of the Applicant by Resolution, and this Resolution must be submitted as part of the application. The Resolution should use the five-year estimate of funding, as listed in Appendix C.

7. If the Local government proposes to allocate funds for any Activity to another entity, the Resolution must certify that the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public. See PLHA Guidelines Section 302 (c)(3).

8. If the Local government proposes to use funds for the acquisition, construction, orrehabilitation of for-sale housing projects or units within for-sale housing projects, the Resolution must certify that the grantee shall record a deed restriction againstthe property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) or (C).

9. The resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of theProject. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

10.If any activity in the five-year Plan consists of loans being made to a homebuyer, homeowner, developer, or owner of a project, a Program income reuse plan Packet Page 593
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
13 describing how repaid loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describehow interest earned from PLHA funds deposited in a Local government interestbearing account will be used for eligible PLHA activities.

G. Threshold requirements for First-Time Applicants
First-time Applicants who have not previously received an award under a prior Formula Allocation NOFA must meet the following threshold requirements:

1. Housing Element Compliance: The Applicant and delegating Local government, if applicable, must have a housing element that has been adopted by the jurisdiction’s governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585 by the application date at the time of award. Awards will be made through February 2023. Awards will be made through February 2023. If a jurisdiction submits an application prior to the November 30th application closing deadline but fails to demonstrate that their housing element is in compliance by February 28, 2023, will not be eligible and any 2019 funds will revert to the Housing Rehabilitation Loan Fund per statute. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

2. The Applicant must have submitted to the Department the Annual Progress Report on the housing element for the corresponding calendar year based on the allocations for which the Applicant is applying by the application submittal date as follows:

Allocation Requested: APR Reporting Period:
2019 allocation 2019 CY APR
2020 allocation 2020 CY APR
2021 allocation 2021 CY APR

3. Application requests an allocation pursuant to Section 200 of the PLHA Guidelines and identifies the eligible activities to be undertaken. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in Section 301(c).

4. Submission of the application must be authorized by the governing board of the Applicant by Resolution, and this Resolution must be submitted as part of the application. The Resolution should use the five-year estimate of funding, as listed in Appendix C.

5. If the Local government proposes to allocate funds for any Activity to another entity,the Resolution must certify that the Local government’s selection process shall avoidconflicts of interest and shall be accessible to the public. See PLHA Guidelines Section 302 (c)(3).

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Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
14 6. If the Local government proposes to use funds for the acquisition, construction, orrehabilitation of for-sale housing projects, or units within for-sale housing projects,the Resolution must certify that the grantee shall record a deed restriction againstthe property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) or (C).

7. The Resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

8. The application must include a Plan which details:
a. The manner in which the allocated funds will be used for eligible Activities. b. A detailed description of the way the Local government will prioritize investments that increase the supply of housing for household with incomes ator below 60 percent of the AMI.
c. A detailed description of how the Plan is consistent with the programs set forth in the Local government’s housing element.
d. Evidence that the Plan was authorized and adopted by Resolution by the Local government and that the public had an adequate opportunity to review and comment on the Plan’s contents prior to the Plan Resolution adoption.

The plan must be provided to the public for a public comment period, culminating with a public hearing at which the governing board may approve it.The draft Plan should be published for public review on the Applicant’s website.
e. The Resolution adopting the Plan should specifically identify the activities the Local government plans to engage in. The Resolution is required to be submitted as part of the application. The Resolution must specifically state the eligible activities from the Plan application.
f. The following information is required for each proposed Activity:
i. A detailed description of each Activity, pursuant to Section 301 and the percentage of funding being allocated to it. The description must include the percentage, if any, directed to Affordable Owner-Occupied Workforce Housing (AOWH).
ii. The projected number of households to be served at each income leveland a comparison to the unmet share of the Regional Housing Needs Allocation at each income level.
iii. A description of major steps/actions and a proposed schedule required forthe implementation and completion of the Activity. iv. The period of affordability for each Activity. Rental Projects are Packet Page 595
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
15 requiredto have an affordability period of at least 55 years.

9. The Plan shall be for a term of five years, illustrating how the allocations from 2019, 2020, 2021, 2022, and 2023 will be used. Refer to instructions in the Plan tab of the PLHA Application form.

10. If funds are used for acquisition, construction, or rehabilitation of for-sale housingprojects or units within for-sale housing projects, then a deed restriction shall be recorded against the property as described in Section 302(c)(6)(A-C).

11. If funds are proposed to be used for development of an Affordable Rental HousingDevelopment, a certification is required that the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the ProjectThe loan must be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement is required to restrict occupancy andrents in accordance with the Local government’s approved underwriting of the Project for a term of at least 55 years.

12. If any activity in the five-year Plan consists of loans being made to a homebuyer, homeowner, developer or owner of a project, a Program income reuse plan describing how repaid PLHA loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describe how interest earned from PLHA funds deposited in a Local government interest-bearing account will be used for eligible PLHA activities.

H. Administration and reporting requirements
A grantee of PLHA funds must meet the administration requirements set forth in Guidelines Sections 500 and 501 and reporting requirements in Section 503.

III. Application submission and review procedures
Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'saved as' .xls or .xlsx. Do not 'save as'.xlsm or .pdf format. Applications that do not meet the program requirements stated in thisNOFA will not be eligible for funding. Application forms are available for download on the PLHA webpage.

A. Application submission process
Applications must be submitted electronically to the Department’s website.

Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at https://www.hcd.ca.gov/grants-funding/activefunding/plha.shtml. The submittal portal will be available beginning August 17, 2022.

Applicants must upload all application materials to the Department’s website. The application portal is open beginning on August 17, 2022 through 4:00 p.m. Pacific Packet Page 596
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
16 Standard Time on October 31, 2022 November 30, 2022. Please note that the on-line support and technical assistance closes at 4:00 p.m. Pacific Standard Time on October 31, 2022 November 30, 2022.

Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted. Applications thatdo not meet the filing deadline requirements will not be eligible for funding.

It is the Applicant’s responsibility to ensure that the application is clear, complete, andaccurate. The Department may request additional clarifying information and/or inquireas to where in the application specific information is located. However, missing or forgotten application information or documentation may cause the application not to pass threshold.

Those Applicants that are notified they did not pass threshold requirements will have theopportunity to submit the necessary documentation prior to the NOFA closing date.

B. Application Workshops
Applicants are strongly encouraged to attend a PLHA webinar to gain information criticalfor preparing the application, which will be discussed at the webinar. PLHA webinar dates and times are located on the Department’s PLHA webpage.

IV. Appeals
A. Basis of appeals

1. Upon receipt of the Department’s notice that an application has been determined tobe incomplete, ineligible, or fail threshold review, Applicants may appeal such decision(s) to the Director of the Department or their designee pursuant to this section.

2. No Applicant shall have the right to appeal a decision of the Department relating to another Applicant’s eligibility, point score, award, denial of award, or any other matter related thereto.

3. The appeal process provided herein applies solely to decisions of the Director of the Department or their designee made in this NOFA and does not apply to any decisions made with respect to any previously issued NOFAs or decisions to be made pursuant to future NOFAs.

B. Appeal process and deadlines

1. Process. In order to file an appeal, an Applicant must submit to the Director of the Department or their designee a written appeal, which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed description of how the application is Packet Page 597
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2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
17 complete, eligible or meets threshold requirements, as applicable, or provide additional information to resolve the Department’s determination. Appeals are to be submitted to the Department at [email protected] according to the deadline set forth in Department review letters.

2. Filing deadline. Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review letter representing the Department’s decision made in response to the application.

C. Decisions
Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department.

D. Award announcements and contracts
The Department will review applications as they are received and will make awards as follows:

1. Previous Awardees: For Local governments that have previously received an award and are applyingfor a new allocation of calendar year 2021 funds, awards will be made within 60 days of receipt.

2. First Time Awardees: For Local governments that have not previously received an award, those applications will be reviewed, and awards made at the end of each quarter beginning in July 2022 with subsequent awards made in October 2022 and January 2023. Award recommendations will be posted on the PLHA webpage.

V. Other state requirements
A. Pet Friendly Housing Act of 2017
Housing funded through this program is subject to the Pet Friendly Housing Act of 2017(HSC Section 50466). Each awardee will be required to submit a signed and dated certification that residents of the program-funded Housing development will be authorized to own or otherwise maintain one or more common household pets as required by HSC Section 50466. Pursuant to this statute, “common household pet” means a domesticated animal, such as a dog or cat, commonly kept in the home for pleasure rather than for commercial purposes.

B. Accessibility and non-discrimination
All projects or programs shall adhere to the accessibility requirements set forth in California Building Code Chapter 11A and 11B and the Americans with Disabilities Act (ADA), Title II. In addition, projects or programs shall adhere to either the Packet Page 598
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
18 Uniform Federal Accessibility Standards, 24 CFR Part 8, or HUD's modified version of the 2010 ADA Standards for Accessible Design (Alternative 2010 ADAS), HUD2014-0042-0001,79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Memo"). Accessible units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the project and be available in a sufficient range of sizes and amenities consistent with 24 CFR Section 8.26.

Recipients shall adopt a written non-discrimination policy requiring that no person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under state or federal fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or inpart with program funds made available pursuant to this NOFA.

Recipients shall comply with the requirements contained in the ADA, the Fair Housing Amendments Act, the California Fair Employment and Housing Act, the Unruh Act, GC Section 11135, Section 504 of the Rehabilitation Act, and regulations promulgated pursuant to those statutes, including 24 CFR Part 100, 24 CFR Part 8, and 28 CFR Part 35, in all of the Sponsor's activities.

IV. Other terms and conditions
A. Right to modify or suspend
The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department’s website.

B. Disclosure of application
Information provided in the application will become a public record and available for review by the public, pursuant to the California Public Records Act (GC Section 6250 et seq.). As such, any materials provided will be disclosed to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, and home addresses.

By providing this information to the Department, the Applicant is waiving any claim of confidentiality andconsents to the disclosure of submitted material upon request.

C. Conflicts
Packet Page 599
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
19 In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, and regulations pertaining to PLHA, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.

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Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA Amended October 18, 2022)
20 APPENDICES
Appendix A
Entitlement and Non-Entitlement Local Government Formula Allocation for Calendar years 2019, 2020, and 2021.

Please refer to Section II.A. Eligible Applicants for a discussion of the definition of Entitlement and Non-Entitlement Local Governments.

Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Alameda $868,493 $955,750
Alpine
County $68,065 $106,216 $116,768
Alameda
County $1,451,516 $1,597,349 Alturas $79,305 $123,577 $128,224 Alhambra $796,443 Amador City $65,861 $100,869 $112,445 Aliso Viejo $119,177 $185,238 $203,849
Amador
County $134,185 $203,299 $275,316
Anaheim $3,686,550
American
Canyon $117,435 $178,785 $199,555
Antioch $612,764 $674,328 Anderson $103,770 $163,160 $178,480 Apple Valley $446,959 $491,865 Angels $81,289 $127,049 $128,764 Bakersfield $2,960,656 Arcata $176,062 $284,687 $208,201 Baldwin Park $758,781 $835,015 Artesia $135,728 $204,479 $213,605 Bellflower $878,539 Arvin $220,799 $217,928
Berkeley $2,212,637 Atwater $158,209 $247,535 $269,804
Buena Park $573,917 $631,578 Auburn $119,859 $185,382 $203,337 Burbank $816,205 Avenal $104,652 $168,021 $177,939
Camarillo $231,519 Benicia $141,459 $222,187 $229,276
Carlsbad $272,582 $423,678 $466,244 Biggs $70,710 $109,341 $121,739 Carson $709,383 Bishop $83,713 $132,952 $146,057
Cathedral
City $484,445 Blue Lake $68,285 $105,521 $117,957
Cerritos $109,213 $169,751 $186,806 Brawley $151,156 $240,243 $234,139 Chico $390,348 $606,721 $667,678 Butte County $333,428 $494,061 $610,245 Chino $249,365 $387,590 $426,531
Calaveras
County $429,217
Chino Hills $303,241 Calexico $203,832 $307,951 $284,935 Chula Vista $1,646,765 $1,812,214 Calimesa $88,783 $138,507 $156,324 Citrus
Heights $486,125 $534,966 Calipatria $77,101 $120,452 $122,280 Clovis City $625,364 Calistoga $85,256 $133,646 $134,709 Compton $769,720 $1,196,383 $1,316,582 Capitola $105,092 $180,868 $195,772 Concord $836,053
Carmel-bythe-Sea $81,950 $130,174 $140,653
Contra Costa
County $3,712,024 Chowchilla $164,970
Packet Page 601
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA Amended October 18, 2022)
21 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Corona $995,498 Clearlake $145,867 $208,993 $232,518
Costa Mesa $904,122 Coalinga $165,243 $170,374
Cupertino
City $283,100 Colfax $72,032 $113,855 $125,522
Daly City $875,455 Colusa $85,917 $135,035 $161,187
Davis $470,837 $518,142
Colusa
County $83,493 $136,077 $152,541
Delano City $556,115 Corcoran $113,908 $178,438 $179,560 Downey $889,923 Corning $92,529 $143,368 $150,380
El Cajon $645,382 $1,003,123 $1,103,906 Crescent City $80,848 $125,660 $142,274 El Centro $245,998 $382,358 $420,773
Del Norte
County $140,797 $210,729 $214,685
El Monte $1,449,267 Dinuba $230,897
Elk Grove $439,787 $683,565 $752,243 Dixon $115,451 $189,896 $194,691 Encinitas $156,044 $242,541 $266,909 Dorris $66,522 $103,785 $116,876 Escondido $842,911 $1,310,146 $1,441,775 Dos Palos $82,832 $120,799 $143,355 Fairfield $668,640 Dunsmuir $72,032 $111,424 $124,441
Fontana $1,678,180
El Centro
(Colonia
Only) $216,175 $311,076 $283,314
Fountain
Valley $247,348
El Dorado
County $973,923
Fremont $1,096,685 Etna $67,183 $105,521 $114,714
Fresno $5,828,601 Eureka $346,539
Fresno
County $2,810,897 Exeter $164,970
Fullerton $1,177,577 Farmersville $176,858
Garden
Grove $1,700,794 Ferndale $71,150 $108,994 $121,739
Gardena $329,877 $512,732 $564,246 Firebaugh $95,395 $144,410 $159,566 Gilroy City $417,798 Fort Bragg $106,856 $163,507 $142,814 Glendale $867,025 $1,347,626 $1,483,020 Fort Jones $69,167 $106,910 $115,795 Glendora
City $130,258 $202,461 $222,802 Fortuna $108,619 $171,840 $171,995 Goleta $160,810 Fowler $81,069 $126,355 $139,032
Hanford $505,389
Glenn
County $201,716
Hawthorne $1,048,208 Grass Valley $225,493
Hayward $1,012,998 $1,114,773 Greenfield $139,916 $211,076 $213,605 Hemet $688,525 Gridley $92,529 $144,410 $143,895
Hesperia $505,777 $786,135 $865,117
Grover
Beach $181,182
Huntington
Beach $938,184 Guadalupe $101,125 $160,035 $166,051
Huntington $651,678 $1,012,910 $1,114,676 Gustine $73,575 $118,021 $150,920 Packet Page 602
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA Amended October 18, 2022)
22 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Park
Indio City $779,909 Hidden Hills $71,371 $111,077 $124,982 Inglewood $735,776 $1,143,625 $1,258,523 Hollister $180,249 $280,173 $290,339 Irvine $1,296,497 Holtville $82,611 $131,563 $121,739
Kern County $3,695,204
Humboldt
County $595,871
La Habra $604,420 $665,145 Huron $153,438 $143,355
La Mesa $293,468 $322,953 Imperial $91,427 $147,535 $169,834 Laguna
Niguel $262,411
Imperial
County $173,858 $260,034 $311,954
Lake
Elsinore $425,098 Indian Wells $88,783 $135,730 $163,889 Lake Forest $221,070 $343,611 $378,133 Industry $65,596 $101,632 $110,824 Lakewood $270,847 $420,981 $463,277 Inyo County $103,770 $166,285 $220,630 Lancaster $1,188,528 Ione $75,338 $118,716 $141,734
Livermore $356,702 Jackson $87,460 $133,299 $143,355
Lodi $575,172 King City $205,868 $173,616
Lompoc $227,027 $352,871 $388,324 Kings County $163,499 $249,965 $304,389 Long Beach $5,006,175 Lake County $241,741 $360,728 $401,658 Los Angeles $44,847,783 Lakeport $79,305 $126,702 $163,889 Los Angeles
County $18,858,143
Lassen
County $102,007 $155,868 $187,666
Lynwood $981,371 $1,079,969 Lemoore $145,205 $217,326 $237,381 Madera $422,319 $656,414 $722,364 Lincoln $203,171 $314,201 $344,377 Marin County $1,241,068 Lindsay $189,201 $197,393
Menifee $430,361 Live Oak $89,664 $132,952 $156,324
Merced $722,364 Livingston $108,839 $172,882 $179,560
Milpitas City $238,595 $370,850 $408,109 Loomis $81,730 $123,577 $147,678 Mission Viejo $353,526 Los Banos $188,184 $292,326 $289,258 Modesto $1,658,723 Loyalton $67,624 $105,521 $116,336
Montebello $316,758 $492,340 $541,805
Madera
County $484,877
Monterey $180,952 $199,132
Mammoth
Lakes $81,730 $123,924 $154,162
Monterey
County $1,109,035 Maricopa $66,742 $105,869 $116,336
Monterey
Park $318,871 $495,625 $545,420 Marina $157,548 $235,382 $234,139 Moreno
Valley $1,761,457
Mariposa
County $235,220
Mountain
View $256,551 $398,761 $438,824 Marysville $169,063 $183,883 Napa City $544,289 McFarland $112,806 $174,618 $177,939 National City $672,542 Mendocino $578,903
Packet Page 603
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA Amended October 18, 2022)
23 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
County
Newport
Beach $290,118
Merced
County $625,917
Norwalk $592,762 $921,336 $1,013,902
Modoc
County $76,440 $120,105 $146,597
Oakland $5,757,902 $6,336,392 Mono County $77,101 $113,855 $136,870 Oceanside $1,008,982 $1,110,353 Montague $68,726 $105,174 $116,876 Ontario $1,573,664
Mount
Shasta $89,885 $141,285 $153,082
Orange $1,039,081 Napa County $220,451 $261,158
Orange
County $2,175,998 Nevada City $136,870
Oxnard $1,981,457
Nevada
County $566,474
Palm Desert $293,014 Orange Cove $101,345 $156,563 $149,299 Palm Springs $328,816 Orland $143,355
Palmdale $1,332,565 Oroville $224,412
Palo Alto $231,496 $359,817 $395,967 Pacific Grove $188,207 Paradise $93,596 $145,477 $160,093
Palos Verdes
Estates $96,717 $157,257 $170,914
Paramount
City $438,197 $681,094 $749,523 Parlier $199,965 $208,741 Pasadena $1,454,952 $1,601,129 Pismo Beach $99,582 $157,604 $184,964 Perris City $725,136 $797,990
Placer
County $813,970
Petaluma $315,338 Placerville $110,823 $173,924 $181,182 Pico Rivera $338,973 $526,870 $579,804
Plumas
County $187,118 $217,387
Pittsburg $543,387 Plymouth $67,404 $104,757 $116,876
Placentia $333,825 $367,364 Point Arena $67,404 $103,785 $114,174 Pleasanton
City $151,089 $234,839 $258,433 Portola $75,338 $119,757 $120,659 Pomona $1,827,543
Rancho
Mirage $172,094 $282,257 $335,191
Porterville $586,270 Red Bluff $124,047 $189,201 $200,095 Rancho
Cordova City $285,366 $443,548 $488,110 Rio Dell $79,085 $118,716 $141,193 Rancho
Cucamonga $450,476 $700,179 $770,526 Rio Vista $96,276 $149,271 $157,945 Rancho
Santa
Margarita $173,436 Riverbank $193,021 $206,039
Redding $576,110
San Benito
County $121,182 $175,313 $213,064
Redondo
Beach $130,830 $203,351 $223,781 San Joaquin $78,644 $123,924 $128,764 Redwood $594,763 San Juan $75,999 $114,549 $122,280
Packet Page 604
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA Amended October 18, 2022)
24 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
City Bautista
Rialto $597,786 $929,145 $1,022,495
San Juan
Capistrano $236,452 $359,687 $335,191
Riverside $2,521,285 $2,774,596 Sand City $67,139 $104,063 $112,445 Riverside
County $6,835,329
Santa Cruz
County $895,101 $916,102
Rocklin City $230,295 Scotts Valley $103,770 $166,979 $171,995 Rosemead $343,238 $533,498 $587,099
Shasta
County $578,903
Roseville $536,004 Shasta Lake $174,157
Sacramento $4,031,691
Sierra
County $124,441
Sacramento
County $4,229,006 $4,653,890
Siskiyou
County $260,618
Salinas $1,722,182
Solano
County $201,701 $240,083
San
Bernardino $2,521,132 $2,774,428 Soledad $120,961 $188,160 $188,207 San
Bernardino
County $5,916,756 Sonora $91,427 $138,507 $143,895
San
Buenaventur
a $555,571 $611,389
South Lake
Tahoe $299,525
San
Clemente $323,348 St. Helena $89,003 $137,118 $149,299
San Diego $9,903,933 Suisun City $154,683 $222,187 $257,916 San Diego
County $3,077,481 $3,386,672 Susanville $93,191 $141,632 $146,597 San
Francisco $13,550,527 $14,911,935
Sutter
County $181,910 $211,983
San Joaquin
County $2,241,046 Sutter Creek $78,644 $121,841 $128,764 San Jose $7,438,226 Taft $90,546 $140,591 $136,330
San Leandro $543,946 $598,596 Tehama $65,596 $101,632 $111,256 San Luis
Obispo
County $1,492,388
Tehama
County $186,685 $318,784 $414,843
San Marcos
City $319,178 $496,102 $545,945 Trinidad $66,081 $101,702 $111,256 San Mateo $584,800
Trinity
County $121,622 $186,424 $219,008
San Mateo
County $2,068,899 Truckee $181,722
Santa Ana $4,795,654
Tulare
County $969,060
Santa
Barbara $775,030 Tulelake $68,506 $106,563 $115,795
Santa $974,603 Tuolumne $242,182 $368,367 $476,771
Packet Page 605
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA Amended October 18, 2022)
25 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Barbara
County
County
Santa Clara $820,156 Ukiah $129,777 $199,618 $187,666
Santa Clara
County $1,260,160 Vernon $65,376 $100,591 $111,472
Santa Clarita $588,259 $914,338 $1,006,200 Wasco $135,508 $205,174 $244,947 Santa Cruz $452,837 Weed $76,661 $120,105 $131,466
Santa Maria $1,254,581 Westmorland $72,693 $113,507 $117,957 Santa
Monica $936,510 Wheatland $72,032 $110,035 $123,361
Santa Rosa $1,187,622 Williams $80,848 $126,355 $135,249 Santee $134,374 $208,859 $229,843 Willits $92,309 $137,813 $141,734 Seaside $193,124 $300,175 $330,334 Willows $138,491
Simi Valley $451,305 $496,647 Winters $136,077 $177,399 Sonoma
County $1,538,385 Woodlake $136,424 $150,380
South Gate $1,233,796 Yolo County $222,882 $234,679
South San
Francisco $372,849 Yountville $81,069 $127,049 $133,087 Stanislaus
County $1,975,561 Yreka $102,007 $154,827 $162,268
Stockton $2,660,093 $2,927,349 Yuba County $483,256
Sunnyvale $533,023 $828,483 $911,720
Temecula $467,631
Thousand
Oaks $506,368
Torrance $760,089
Tulare $494,944 $544,671
Turlock $309,854 $481,610 $529,997
Tustin $659,464
Union City $394,694 $434,349
Upland $431,845 $475,232
Vacaville $240,500 $373,812 $411,368
Vallejo $864,418
Ventura
County $1,470,575
Victorville $1,082,334
Visalia $1,078,990
Vista $635,530 $699,381
Walnut
Creek $236,813
Watsonville $362,515 $563,461 $620,071
West Covina $388,763 $604,258 $664,967
Packet Page 606
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA Amended October 18, 2022)
26 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
West
Sacramento
$236,679 $367,872 $404,832
Westminster $873,327
Whittier $595,595 $655,434
Woodland $387,006 $425,889
Yorba Linda $182,215
Yuba City $483,607 $532,195
Packet Page 607
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
27 Appendix B
List of High-cost Areas in California
High-cost Area by
County
High-cost Area pursuant to Federal
Housing Finance Agency’s Maximum
Loan Limits for Mortgages Acquired
in Calendar Year 2020
High-cost Area pursuant to
Department of Housing and Urban
Development Very Low-Income
Adjustments due to High-Housing
Cost for Fiscal Year 2020-21
Alameda x
Contra Costa x
El Dorado x
Imperial x
Los Angeles x
Madera x
Marin x
Merced x
Monterey x
Napa x
Orange x
Placer x
Sacramento x
San Benito x
San Diego x
San Francisco x
San Luis Obispo x
San Mateo x
Santa Barbara x
Santa Clara x
Santa Cruz x
Solano x
Sonoma x
Tulare x
Ventura x
Yolo x
Packet Page 608
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
28 Appendix C
Estimate of Five-Year PLHA Allocation for Entitlement and Non-Entitlement Local government
Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Alameda $3,352,590 Alpine County $408,390
Alhambra $2,793,768 Alturas $475,835
Aliso Viejo $715,062 Amador City $395,168
Anaheim $12,931,710 Amador County $805,115
Antioch $2,365,410 American Canyon $704,612
Apple Valley $1,725,366 Anderson $622,622
Bakersfield $10,385,412 Angels $487,737
Baldwin Park $2,929,068 Arcata $1,056,372
Bellflower $3,081,744 Artesia $814,372
Berkeley $7,761,504 Arvin $831,563
Buena Park $2,215,452 Atwater $949,257
Burbank $2,863,092 Auburn $719,158
Camarillo $812,124 Avenal $627,912
Carlsbad $1,635,492 Benicia $848,754
Carson $2,488,380 Biggs $424,261
Cathedral City $1,699,338 Bishop $502,283
Cerritos $655,278 Blue Lake $409,715
Chico $2,342,088 Brawley $906,940
Chino $1,496,190 Butte County $2,000,572
Chino Hills $1,063,710 Calaveras County $1,238,865
Chula Vista $6,356,898 Calexico $1,222,996
Citrus Heights $1,876,554 Calimesa $532,699
Clovis City $2,193,654 Calipatria $462,611
Compton $4,618,320 Calistoga $511,540
Concord $2,932,710 Capitola $630,557
Corona $3,492,018 Carmel-by-the-Sea $491,704
Costa Mesa $3,171,486 Chowchilla $662,295
Cupertino City $993,060 Clearlake $875,203
Daly City $3,070,926 Coalinga $618,655
Davis $1,817,544 Colfax $432,196
Delano City $1,950,744 Colusa $515,507
Downey $3,121,674 Colusa County $500,961
El Cajon $3,872,292 Corcoran $683,453
El Centro $1,475,988 Corning $555,180
Elk Grove $2,638,722 Crescent City $485,092
El Monte $5,083,752 Del Norte County $844,787
Packet Page 609
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
29 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Encinitas $936,264 Dinuba $889,749
Escondido $5,057,466 Dixon $692,710
Fairfield $2,345,460 Dorris $399,135
Fontana $5,886,732 Dos Palos $496,994
Fountain Valley $867,648 Dunsmuir $432,196
Fremont $3,846,960 El Centro $1,297,051
Fresno $20,445,618 El Dorado County $2,879,974
Fullerton $4,130,712 Etna $403,103
Gardena $1,979,262 Eureka $1,125,138
Garden Grove $5,966,058 Exeter $586,917
Gilroy City $1,465,554 Farmersville $589,562
Glendale $5,202,150 Ferndale $426,906
Glendora City $781,548 Firebaugh $572,371
Goleta $564,090 Fort Bragg $641,136
Hanford $1,772,808 Fort Jones $415,004
Hawthorne $3,676,914 Fortuna $651,715
Hayward $3,910,410 Fowler $486,414
Hemet $2,415,216 Glenn County $641,136
Hesperia $3,034,662 Grass Valley $813,049
Huntington Beach $3,290,970 Greenfield $839,497
Huntington Park $3,910,068 Gridley $555,180
Indio City $2,735,772 Grover Beach $727,093
Inglewood $4,414,656 Guadalupe $606,754
Irvine $4,547,862 Gustine $441,452
Laguna Niguel $920,484 Hidden Hills $428,228
La Habra $2,333,202 Hollister $1,081,498
Lake Forest $1,326,420 Holtville $495,671
Lake Elsinore $1,491,162 Humboldt County $2,066,693
Lakewood $1,625,082 Huron $597,497
La Mesa $1,132,854 Imperial $548,568
Lancaster $4,169,130 Imperial County $1,043,148
Livermore $1,251,240 Indian Wells $532,699
Lodi $2,017,590 Industry $393,581
Lompoc $1,362,162 Inyo County $622,622
Long Beach $17,560,704 Ione $452,032
Los Angeles $157,317,438 Jackson $524,764
Lynwood $3,788,322 King City $805,115
Madera $2,533,914 Kings County $980,995
Menifee $1,509,624 Lake County $1,450,450
Merced $3,112,314 Lakeport $475,835
Milpitas City $1,431,570 Lassen County $612,043
Mission Viejo $1,240,098 Lemoore $871,235
Packet Page 610
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
30 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Modesto $5,818,482 Lincoln $1,219,029
Montebello $1,900,548 Lindsay $703,289
Monterey $698,514 Live Oak $537,988
Monterey Park $1,913,226 Livingston $653,038
Moreno Valley $6,178,854 Loomis $490,382
Mountain View $1,539,306 Los Banos $1,129,105
Napa City $1,909,260 Loyalton $405,747
National City $2,359,146 Madera County $1,643,522
Newport Beach $1,017,678 Mammoth Lakes $490,382
Norwalk $3,556,572 Maricopa $400,458
Oakland $22,226,850 Marina $945,290
Oceanside $3,894,906 Mariposa County $770,732
Ontario $5,520,108 Marysville $662,295
Orange $3,644,898 McFarland $676,841
Oxnard $6,950,574 Mendocino County $2,099,753
Palmdale $4,674,384 Merced County $1,865,687
Palm Desert $1,027,836 Modoc County $458,644
Palm Springs $1,153,422 Mono County $462,611
Palo Alto $1,388,976 Montague $412,359
Paradise $561,576 Mount Shasta $539,311
Paramount City $2,629,182 Napa County $859,334
Pasadena $5,616,456 Nevada City $473,190
Perris City $2,799,192 Nevada County $1,837,916
Petaluma $1,106,142 Orange Cove $608,076
Pico Rivera $2,033,838 Orland $555,180
Pittsburg $1,906,098 Oroville $822,306
Placentia $1,288,644 Pacific Grove $712,546
Pleasanton City $906,534 Palos Verdes Estates $580,305
Pomona $6,410,670 Parlier $801,148
Porterville $2,056,524 Pismo Beach $597,497
Rancho Cordova City $1,712,196 Placer County $2,730,542 Rancho Cucamonga $2,702,856 Placerville $664,940
Rancho Santa Margarita $608,376 Plumas County $727,093
Redding $2,020,884 Plymouth $404,425
Redondo Beach $784,980 Point Arena $404,425
Redwood City $2,086,314 Portola $452,032
Rialto $3,586,716 Rancho Mirage $1,032,569
Riverside $9,732,750 Red Bluff $744,284
Rocklin City $807,828 Rio Dell $474,513
Rosemead $2,059,428 Rio Vista $577,661
Roseville $1,880,196 Riverbank $732,382
Sacramento $14,142,402 San Benito County $727,093
Packet Page 611
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
31 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Salinas $6,041,082 San Joaquin $471,868
San Bernardino $9,732,162 San Juan Bautista $455,999
San Clemente $1,134,240 San Juan Capistrano $1,418,712
San Diego $34,741,098 Sand City $402,838
San Francisco $52,308,210 Santa Cruz County $3,395,713
San Jose $26,091,876 Scotts Valley $622,622
San Leandro $2,099,760 Shasta County $1,721,544
San Marcos City $1,915,068 Shasta Lake $613,366
San Mateo $2,051,364 Sierra County $405,747
Santa Ana $16,822,236 Siskiyou County $852,722
Santa Barbara $2,718,654 Solano County $769,410
Santa Clara $2,876,946 Soledad $725,770
Santa Clarita $3,529,554 Sonora $548,568
Santa Cruz $1,588,464 South Lake Tahoe $994,219
Santa Maria $4,400,826 St. Helena $534,021
Santa Monica $3,285,096 Suisun City $928,099
Santa Rosa $4,165,950 Susanville $559,147
Santee $806,244 Sutter County $698,000
Seaside $1,158,744 Sutter Creek $471,868
Simi Valley $1,742,142 Taft $543,278
South Gate $4,327,920 Tehama $393,581
South San Francisco $1,307,880 Tehama County $1,120,113 Stockton $10,268,580 Trinidad $396,491
Sunnyvale $3,198,138 Trinity County $729,738
Temecula $1,640,358 Truckee $627,912
Thousand Oaks $1,776,240 Tulare County $3,501,506
Torrance $2,666,244 Tulelake $411,037
Tulare $1,910,598 Tuolumne County $1,453,095
Turlock $1,859,124 Ukiah $778,667
Tustin $2,313,270 Vernon $392,259
Union City $1,523,610 Wasco $813,049
Upland $1,667,022 Weed $459,966
Vacaville $1,443,000 Westmorland $436,163
Vallejo $3,032,214 Wheatland $432,196
San Buenaventura $2,144,634 Williams $485,092
Victorville $3,796,620 Willits $553,857
Visalia $3,784,890 Willows $561,792
Vista $2,453,292 Winters $532,699
Walnut Creek $830,694 Woodlake $539,311
Watsonville $2,175,090 Yolo County $819,661
West Covina $2,332,578 Yountville $486,414
Westminster $3,063,462 Yreka $612,043
Packet Page 612
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
32 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount West Sacramento $1,420,074 Yuba County $1,634,265
Whittier $2,299,140
Woodland $1,493,934
Yorba Linda $639,174
Yuba City $1,866,840
Alameda County $5,603,190
Contra Costa County $13,021,068
Fresno County $9,860,088
Kern County $12,962,064
Los Angeles County $66,150,756
Marin County $4,353,426
Monterey County $3,890,280
Orange County $7,632,984
Riverside County $23,977,026
Sacramento County $16,324,956
San Bernardino County $20,754,846
San Diego County $11,879,796
San Joaquin County $7,861,158
San Luis Obispo County $5,235,012
San Mateo County $7,257,300
Santa Barbara County $3,418,722
Santa Clara County $4,420,398
Sonoma County $5,396,358
Stanislaus County $6,929,892
Ventura County $5,158,494
Packet Page 613
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
33 Appendix D
Housing Element and Annual Progress Report (APR) Submittal Status Requirement stated in Guidelines Section 302(a) and (b) To be eligible to apply, jurisdictions are required to have a housing element that has been adopted by the jurisdiction’s governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585 by the application date time of award. Awards will be made through February 2023. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

To verify current status and eligibility for PLHA funds, please consult the following resources:

Housing Element Compliance: Housing Element Review and Compliance Report | California Department of Housing and Community Development
Annual Progress Report Submittal: Annual Progress Reports - Data Dashboard and Downloads | California Department of Housing and Community Development Please note that PLHA is an over-the-counter program, allowing Applicants to apply at any point during the OTC application window of August 17 to October 31 November 30. If a jurisdiction is currently out of compliance, that jurisdiction, once it reaches compliance with the housing element and APR requirements, will be eligible for these funds.

For questions about Housing Element Compliance, please email [email protected]. For inquiries on status of APR submittal, please email [email protected].

Packet Page 614
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
34 Appendix E
Jurisdictions at Risk of Losing Their 2019 Allocations
Entitlement Local Government Non-Entitlement Local Government Local Gov Funding Amount 2019 Local Gov Funding Amount 2019 Aliso Viejo $119,177 Alpine County $68,065
Carlsbad $272,582 Alturas $79,305
Cerritos $109,213 Amador City $65,861
Chico $390,348 Amador County $134,185
Chino $249,365 American Canyon $117,435
Compton $769,720 Anderson $103,770
El Cajon $645,382 Angels $81,289
El Centro $245,998 Arcata $176,062
Elk Grove $439,787 Artesia $135,728
Encinitas $156,044 Atwater $158,209
Escondido $842,911 Auburn $119,859
Gardena $329,877 Avenal $104,652
Glendale $867,025 Benicia $141,459
Glendora City $130,258 Biggs $70,710
Hesperia $505,777 Bishop $83,713
Huntington Park $651,678 Blue Lake $68,285
Inglewood $735,776 Brawley $151,156
Lake Forest $221,070 Butte County $333,428
Lakewood $270,847 Calexico $203,832
Lompoc $227,027 Calimesa $88,783
Madera $422,319 Calipatria $77,101
Milpitas City $238,595 Calistoga $85,256
Montebello $316,758 Capitola $105,092
Monterey Park $318,871 Carmel-by-the-Sea $81,950
Mountain View $256,551 Clearlake $145,867
Norwalk $592,762 Colfax $72,032
Palo Alto $231,496 Colusa $85,917
Paradise $93,596 Colusa County $83,493
Paramount City $438,197 Corcoran $113,908
Pico Rivera $338,973 Corning $92,529
Pleasanton City $151,089 Crescent City $80,848
Rancho Cordova City $285,366 Del Norte County $140,797
Rancho Cucamonga $450,476 Dixon $115,451
Redondo Beach $130,830 Dorris $66,522
Rialto $597,786 Dos Palos $82,832
Rosemead $343,238 Dunsmuir $72,032
San Marcos City $319,178 El Centro (Colonia Only) $216,175 Santa Clarita $588,259 Etna $67,183
Santee $134,374 Ferndale $71,150
Packet Page 615
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
35 Entitlement Local Government Non-Entitlement Local Government Local Gov Funding Amount 2019 Local Gov Funding Amount 2019 Seaside $193,124 Firebaugh $95,395
Sunnyvale $533,023 Fort Bragg $106,856
Turlock $309,854 Fort Jones $69,167
Vacaville $240,500 Fortuna $108,619
Watsonville $362,515 Fowler $81,069
West Covina $388,763 Greenfield $139,916
West Sacramento $236,679 Gridley $92,529
Guadalupe $101,125
Gustine $73,575
Hidden Hills $71,371
Hollister $180,249
Holtville $82,611
Imperial $91,427
Imperial County $173,858
Indian Wells $88,783
Industry $65,596
Inyo County $103,770
Ione $75,338
Jackson $87,460
Kings County $163,499
Lake County $241,741
Lakeport $79,305
Lassen County $102,007
Lemoore $145,205
Lincoln $203,171
Live Oak $89,664
Livingston $108,839
Loomis $81,730
Los Banos $188,184
Loyalton $67,624
Mammoth Lakes $81,730
Maricopa $66,742
Marina $157,548
McFarland $112,806
Modoc County $76,440
Mono County $77,101
Montague $68,726
Mount Shasta $89,885
Orange Cove $101,345
Palos Verdes Estates $96,717
Pismo Beach $99,582
Placerville $110,823
Packet Page 616
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
36 Entitlement Local Government Non-Entitlement Local Government Local Gov Funding Amount 2019 Local Gov Funding Amount 2019 Plymouth $67,404
Point Arena $67,404
Portola $75,338
Rancho Mirage $172,094
Red Bluff $124,047
Rio Dell $79,085
Rio Vista $96,276
San Benito County $121,182
San Joaquin $78,644
San Juan Bautista $75,999
San Juan Capistrano $236,452
Sand City $67,139
Scotts Valley $103,770
Soledad $120,961
Sonora $91,427
St. Helena $89,003
Suisun City $154,683
Susanville $93,191
Sutter Creek $78,644
Taft $90,546
Tehama $65,596
Tehama County $186,685
Trinidad $66,081
Trinity County $121,622
Tulelake $68,506
Tuolumne County $242,182
Ukiah $129,777
Vernon $65,376
Wasco $135,508
Weed $76,661
Westmorland $72,693
Wheatland $72,032
Williams $80,848
Willits $92,309
Yountville $81,069
Yreka $102,007
Packet Page 617
_____________
___________________________________________________________ AUTHORIZING RESOLUTION OF _______________________________

AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
________________________________________________ of the ________________________________________________________ of __________________________________________________________________ _ _____________________________hereby consents to, adopts, and ratifies the following resolution:
_
A. WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS _______________________________ is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA ______________________ in accordance with all applicable rules and laws.

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3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. If applicable: Applicant certifies that it was delegated by _______________________ to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

10. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. ______________________________________ is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

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PASSED AND ADOPTED at a regular meeting of the __________________________ this day of, 2023, by the following vote:

AYES: ABSTENTIONS: NOES: ABSENT:

Signature of Approving Officer:_______________________________ ___________________________________________
INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of _________________________________ does hereby attest and certify that the ________________________ Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the
__________________________________ which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Signature of Attesting Officer
_________________________
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: August 17, 2023
SUBJECT: RECEIVE UPDATE ON THE CITY OF SEASIDE CAR WEEK EVENTS SCHEDULED FOR SATURDAY AUGUST 19, 2023

RECOMMENDATION
Receive report and provide further direction to staff as necessary.

BACKGROUND
Every year in August, Monterey County hosts multiple car shows in what is commonly referred to as "Monterey Car week". This year the festivities begin on Friday August 11, 2023, and will conclude on Sunday August, 20, 2023, with the Pebble Beach Concours d'Elegance. During the week, the City of Seaide will play host to four car shows. • Monday August 14, 2023 - The Porsche Monterey Classic - This event took place on Del Monte Avenue from 4pm - 8pm, and featured over three hundred Porsche sports cars, from classics to newer models. There was also a variety of live performances, and food and drink offerings by Monterey Peninsula businesses.
• Saturday August 19, 2023 - Concours d'LeMons - The event will be held on the lawn at City Hall from 8:00am - 1:00pm, and will feature some of the worst Hoopties, Reust Buckets, Misfits, and Mistakes of the auto world. There will be celebrity judges who will be winning the coveted thrift shop trophies. This show is free to the public.
• Saturday August 19, 2023 - Concorso Italiano - This event will be held at Bayonet & Black Horse Golf Course from 9:30am - 4:00pm, and will feature more than 800 vehicles of Italian origin, and its atmosphere is on the vehicles on display, conversation between people who love and appreciate them, and elements of Italian style such as fashion, food, music and art. Tickets for this event are $310.

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Item No. 9.C. Page 2 of 3
• Saturday August 19, 2023 - Exotics on Broadway - This event will be held on Broadway and Fremont Avenues from 1pm-6pm, and will feature over 125 rare and exotic cars from all around the world. This event is free to the public, and parking for the event will be on Eucalyptus road with a free shuttle to the event.

At the conclusion of last year's car week, staff presented an after-action report to the City Council that went over the specifics of each event and went through some of the successes and challenges so we could plan accordingly for this year's events. Based on the feedback from last year, this is what the City is doing to prepare for this year:

Porsche Monterey Classic:

From 2022 - Del Monte was not closed with enough time to prepare for the event. Staff have been in contact with the organizers, and the road will be closed at 12:30pm to ensure there is enough time to set up for the festivities.

Concors d'LeMon:

From 2022 - The event was only from 8am - 11am and became overcrowded at times.

There was a medical emergency, and no EMS on site, which delayed care, and event goers parked in the police parking lot at City Hall.

For this year, the event hours have been extended to 8am - 1pm, with hopes that the crowds will be more spread out. There will be an on-site medical tent, and there will be more signs that will outline where you can and can not park.

They will be setting up their stage and booths on Friday, August 18, starting at 12:00pm, and will have security on site throughout the night until the start of t he event on Saturday.

Concorso Itailiano:

From 2022 - The only issues were related to the golf course operations, and they have that ironed out for this year. They were looking at adding another event on Friday August 18, 2023, and adding live music to their Saturday show. They have opted out of having another event on Friday, but there will be a variety of Italian music and art at this year's event.

Exotics on Broadway:

From 2022 - Parking was the main concern. There were cars that blocked the allies, and houses in the adjacent neighborhoods. There were some concerns with the businesses, as some were not notified properly of the event. The event did receive a Health Department violation from a vendor, and there were also two medical calls which were hard to get quick care too because of the crowds and limited access for EMS.To address these issues, the event organizers have been diligently sending out messaging about parking off site at General Jim Moore, and Coe avenues to take the shuttle to the event.

Staff have also been pushing out the messaging on all of our City communication platforms. To address the business concerns, the Community Development department has been communicating with all of the businesses of the affected areas to ensure they Packet Page 622

Item No. 9.C. Page 3 of 3
all have the most up-to-date information. The event organizers also held a Zoom meeting that was specifically for the businesses so they could address the thoughts and concerns directly with the organizers to make sure that their concerns would be heard.

The Seaside fire Department will also be on-site for the duration of the event to provide first-aid and medical support as needed.

FISCAL IMPACT
There is no fiscal impact on this item.

ATTACHMENTS

1. Exotics on Broadway Layout
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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PORSCHE 356
PORSCHE 552
LM002LM002 EVO
800 FEET 6FEET TALL FENCING

ELM AVE

AMADOR AVE
MAX 18 CARS

LIST TEAM MEMBERS & VOLUNTEERA

1. Mike Snyder

2. 3.

4. 5.

6. 7.

8. 9.

10. 11.

12. 13

14. 15.

Merchandise Tent

16. Julee

17. Julee Assistant

VIP LOUNGE

18. 19.

20. 21.
25x100 MELOGRANO

VIP LOUNGE
THIRD BLOCK | ALHAMBRA TO CALAVERASE

EOB SHUTTLE BUS

PICK UP & DROP OFF
FIRST BLOCK | DELMONTE TO HILLSDALE SECOND BLOCK | HILLSDALE TO ALHAMBRA 30 CARS
DO NOT
BLOCK
HOME

DRIVEWAY
40 CARS
55 CARS

ENTER PATH

EXIT FOR

CARS WITH

NO CREDENTIALS

EXIT PATH
STAFF (22)
MANAGERS (6+2)

MICHELIN STRUCTURES

RED CARPET PARKING

BARRICADED AREA

STREET CLOSURES

VENDOR TENT

VIP TENT
STAGE
Porta Potty
MICHELIN FLAGS VIP Porta Potty
A1
R1
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R2 R3 R4 R5 R6 R7
R8
R9
R10
B1 C1 D1 E
A2 B2 C2 D2

SHUTTLE ROUTE

SHUTTLE STOP

CALAVERAS
STREET
SANTA BARBARA ST.

ALHAMBRA
STREET

HILLSDALE
STREET

CONTRA COSTA
STREET
DEL MONTE BLVD.

PALM AVE. PALM AVE.

HRE WHEELS
3D of
Los Angeles
CAR
SUDS
West
Coast
Exotic
Cars
SINTOR
TRUCKS
LEEN

CUSTOMS
408
GARAGE
AUTO

CONDUCT
GROUP

ALTITUDE OLOI
INC.

Vintage
Chariots
EOB

MERCHANDISE
CLUB
Dodici Exotics (13 cars)

HENNESSEY

PERFORMANCE
SS Customs
Silicon
Valley
Garage
1016
Industries
Rohana
Wheels
Koenigsegg AL 13 WHEELS
ZENVO
XPEL
Creative
Bespoke
Art
Center
PALM AVE.

STAGE

VIP CARS
1-10 VIP CARS
10-20 VIP CARS
20-30 VIP CARS
30-40 VIP CARS
40-50 VIP CARS

VIP CARS

INFLUNCERS CIRCLE
Boden
Autohaus
ORIS
32” x10”

AIMEE - VIP TENT
VERONE
CEDRIC

BRANDON AMIR
ALEX
800 FEET OF BARRICADE

LIST OF OUR SHOW CARS

1. L - Ferrari F40 Fred

2. L - Ferrari F50

3. L - Ferrari F50

4. L - Ferrari F50

5. L - Ferrari F50

6. L - Ferrari F50

7. R - Koenigsegg

8. R - Hennessey F5

9. R - PAGANI ROADSTER

10. R - Bugatti PUR

11. R - Koenigsegg

12. R - HYPER NFT

13. R - McLaren P1

14. R - SENNA

15. R - SENNA

16. R - La Ferrari

17. R - Ford GT (NEW)

18. R - CGT

19. Bugatti PUR

LIST OF RED CARPET
- Daily Driven CGT
- Daily Driven SVJ
- Oil Stain Lab Half 11
- PORSCHE SAFAR
- LM002
- Countach LP500S QV
-
-
- Diamon A 488
- Aventador WIDEBODY
-
-
- Shaughnessy FORD GT
- PORSCHE 356
- PORSCHE 552
- Countach LP500S QV
-
-
-
Diamon A 488 Aventador WIDEBODYShaughnessy Ford GT
EBAY
MOTORS
Countach LP500S QV
Countach LP500S QV Daily Driven CGT Daily Driven SVJ
Oil Stain Lab Half 11PORSCHE SAFARI

LIST OF MANAGERS

1. Ramin

2. Johnny

3. Aimee

4. Brandon

5. Amir

6. Cedric

7. Alex

8. Sean

9. Tyler Gallo

10. Nick Glova

11. Jorge Cabrera

12. Brad Bowen
Raised Pad
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
Nick Borges, Police Chief
DATE: August 17, 2023
SUBJECT: APPROVE RESPONSE TO THE 2023 MONTEREY COUNTY CIVIL GRAND JURY REPORT, "THE REAL COST OF FIREWORKS"

RECOMMENDATION
Approve the prepared response as mandated by the Monterey County Civil Grand Jury report, "The Real Cost of Fireworks".

BACKGROUND
In May 2023, the Monterey County Civil Grand Jury release a report entitled "The Real Cost of Fireworks". The report includes seven (7) findings and thirteen (13) recommendations. The City of Seaside is required to respond to all of the findings and recommendations. In accordance with California Penal Code Section 99(c), the governing body of the agency must respond to the findings and recommendations within 90 days from issuance of the report.

FISCAL IMPACT
None

ATTACHMENTS

1. Civil Grand Jury Report 2023 - "The Real Cost of Fireworks"

2. Response to Civil Grand Jury Report 2023
Reviewed for Submission to the City Council by:

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Item No. 9.D. Page 2 of 2
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE: THE REAL COST OF FIREWORKS
Stock photo from Microsoft 365

SUMMARY
The Civil Grand Jury (CGJ) investigated a complaint regarding the year-round use of explosive fireworks within the City of Seaside and a perceived indifference by City officials to the issue.

Through the course of investigation, the CGJ found City officials aware of illegal fireworks use causing significant and persistent problems in Seaside. Limited resources have been allocated to address the issue. City efforts to reduce illegal fireworks use appear to have minimal effect.

Broader public outreach in the community is necessary to provide clear and concise messaging regarding types of fireworks that are allowed, penalties, and fines for using illegal fireworks, and when and where “Safe and Sane” fireworks can be used.

Information needs to be distributed and posted in appropriate languages reflecting the diverse demographics of the City of Seaside.
1 Packet Page 627
Effective communication and messaging to reach residents and visitors is a vital tool that City officials should use to the maximum extent possible. The CGJ found that the City of Seaside does not effectively communicate current information regarding a variety of City services and pertinent information to the public. To reflect the City's diversity, necessary resources need to be utilized to update communication platforms, so they are available in multiple languages and the website is easier to navigate.

BACKGROUND
Seaside was founded in 1887, incorporated in 1954, and is located on the central coast of California. It encompasses 9.8 square miles and has a diverse population of 32,300 residents, based on the 2020 Census.
2 Cultural/Ethnic Demographics
• White 32%
e Latino 44.6%
Asian 10%
e African American 7%
e Pacific Islander 3%
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The City of Seaside allows sales and use of certified “Safe and Sane” fireworks within City limits during designated days of the year. Sales and use of all fireworks is prohibited in the surrounding communities of Monterey, Sand City, Del Rey Oaks, Pacific Grove, Carmel, and unincorporated areas of Monterey County. The only city bordering Seaside allowing sales of “Safe and Sane” fireworks is the City of Marina.

Several non-profit organizations sell these types of fireworks to raise funds in Seaside.

METHODOLOGY
Review of statewide past grand jury reports.

Review of relevant California Health and Safety Code sections.

Review of City of Seaside Municipal codes, available reports, organization chart, and information obtained from the City’s website.

Interviews with individuals with extensive knowledge about the operations, services, and governance in the City of Seaside.
3 Age Distribution
60%
40%
20% - -
0%
Under18 19-64 Over 65
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DISCUSSION
Illegal Fireworks
Illegal fireworks are a significant and ongoing issue in the City of Seaside. Detonated illegal fireworks create loud, explosive noises, add to the risk of potential fires, create a nuisance, and are potentially hazardous to people and property.

Calls for Service (CFS) regarding fireworks over the Fourth of July holiday period from 2018 through 2022 are shown below. Seaside established an illegal fireworks hotline in 2021 to supplement calls received by Monterey County dispatch.

Types of Call for
Service
Year (July 4th Holiday Period)
2018 2019 2020 2021 2022
Police CFS Total 217 178 306 272 294
Fire Dept. CFS Total 70 62 59 62 97
Fireworks
Confiscated N/A N/A 30 lbs. 50 lbs. 100 lbs.

State Law limits the sale of fireworks designated by the State Fire Marshal as “Safe and Sane” and can only be sold by licensed retailers from noon on June 28 through noon on July 6 of each year, pursuant to California Health and Safety Code Section 12670- 12672.

Illegal fireworks use is problematic throughout the year. Anecdotal information from City officials and Seaside residents confirms this. Planning and resources approved by Seaside for illegal fireworks enforcement is limited to the Fourth of July holiday period.

No additional illegal fireworks enforcement resources are dedicated the rest of the year.

Other than the Fourth of July period, the City does not track nor report complaints about illegal fireworks received throughout the year. In addition, the CGJ found no evidence that calls received by 911 regarding illegal fireworks are tracked by the City. Therefore, the scope and scale of the problem cannot be determined. 4 Packet Page 630
The Seaside Municipal Code requires the Fire and Police Chiefs to prepare an Illegal Fireworks Operations Plan each year to be presented to the City Council at the first Council meeting in May. The Illegal Fireworks Operations Plan must address the timeframe of June 17 through July 16 of that year and include:
• Identification of areas within the City where illegal fireworks were a problem the previous year
• A general explanation of the supplemental fire and law enforcement deployed within the City
• The additional apparatus and personnel who will be on duty for that period • Recommendations on what enforcement patrols there should be for that period • A detailed discussion of expected costs to be incurred by the City that year, and if these costs will be covered by existing fees levied on permittees and unexpended surcharge revenue from prior years
• A proposed recommendation for a resolution establishing a surcharge amount on each sale of “Safe and Sane” fireworks, not to exceed seven percent.

The Seaside Municipal Code also requires the Fire and Police Chiefs to report back to the City Council on or about September 1 each year with an after-action report that should include:
• An evaluation of the effectiveness of the Illegal Fireworks Operation Plan that year, including a listing of any significant fireworks related incidents • Relevant incident statistics for the period of June 17 through July 16, and identification of fireworks related incidents
• A report on how many calls were received regarding suspected “dangerous fireworks,” how many of the calls the departments responded to, and how many calls resulted in seizures and/or administrative fines.

The CGJ found that the annual “Illegal Fireworks Operations Plans” and “After-Action Reports” are not readily available for public review on the City’s website. The information the City provided to CGJ regarding the Illegal Fireworks Operations Plan 5 Packet Page 631
and After-Action Report was in the form of PowerPoint presentations purportedly given to the City Council. However, no evidence of the presentations was found in the City Council meeting agendas. CGJ’s review of the presentations found that the information provided did not meet all criteria specified in the Seaside Municipal Code.

Seaside City Council recently approved the purchase of 25 Flock Safety Automated License Plate Reader system cameras and leasing of the Flock Safety Gunshot Detection system, for use in designated areas of the City. The stated purpose of the Flock system is to assist with investigations and act as a deterrent to criminal activities.

However, according to public testimony from a Flock representative at a City Council meeting, the Flock Safety Gunshot Detection system is not currently capable of distinguishing gunshots from illegal fireworks.

The Seaside City Council directed the Police Chief to organize a task force to address the problem of the possession and use of illegal fireworks. To date, the task force has met intermittently. It does not have an established mission statement or specific goals and objectives or membership identified.

The CGJ did not find that Seaside conducts any significant public outreach regarding illegal fireworks.

Photo taken by Civil Grand Jury Member
6 Packet Page 632
Government Transparency
The CGJ reviewed the information available on the City’s website. The most recent Fire Department annual report is from 2018. The municipal code was approved by the City Council on October 7, 2021, indicating that certain aspects of the website have not been updated for more than 18 months.

The website information regarding the use of “Safe and Sane” fireworks and the prohibition of illegal fireworks includes complicated technical and legal terminology.

Further, the website information is predominately available in English only.

The City’s other public outreach and messaging platforms are also communicated predominately in English only.

FINDINGS
F1. The City’s website is not updated or easy to navigate, creating a lack of governmental transparency resulting in a disservice to residents and visitors.

F2. Minimal Spanish language content on the City’s website results in limited site utility to a significant number of residents.

F3. Lack of documentation and reporting of illegal fireworks Calls for Service and complaints throughout the year does not provide the City Council with adequate information to make decisions regarding the health and safety of residents and visitors.

F4. The Flock Safety gunshot detection system’s inability to distinguish gunshots from illegal fireworks renders the system useless in combating the use of illegal fireworks in the City of Seaside.

F5. The City’s planning efforts and focus on illegal fireworks enforcement exclusively during the Fourth of July holiday period does not adequately serve the health and safety needs of residents and visitors throughout the year.

F6. Current efforts by the City to convene a regional illegal fireworks task force are not sufficiently organized to develop meaningful strategies to combat the sale, possession, and use of illegal fireworks and renders it ineffective.

F7. The limited data collected and compiled by the City does not provide adequate information for the City Council to fully understand, prioritize and address the scope of the illegal fireworks problem.
7 Packet Page 633

RECOMMENDATIONS
R1. The City of Seaside update the website to reflect current available services and government information and to provide historical continuity of City documents by October 31, 2023
R2. The City of Seaside update the website regularly to reflect any changes in governmental information and available services.

R3. The City of Seaside modify the website to enhance the search functions by October 31, 2023.

R4. The City of Seaside provide updated information in easily understood terms regarding illegal and “Safe and Sane” fireworks, and when and where legal fireworks may be used by October 31, 2023.

R5. The City of Seaside establish a system to identify and document year-round illegal fireworks Calls for Service by October 31, 2023.

R6. The City of Seaside prepare quarterly reports documenting illegal fireworks Calls for Service received throughout the year and present the findings to the City Council.

R7. The City of Seaside make the operations plans and after-action reports for illegal fireworks available on the website by October 31, 2023.

R8. The City of Seaside maintain contact with Flock Safety regarding future system capability to identify and differentiate the sounds of fireworks from gunshot sounds.

R9. The City of Seaside conduct comprehensive year-round community education on illegal fireworks in multiple languages.

R10. The City of Seaside enhance public outreach and availability of all information and of city services in multiple languages by October 31, 2023.

R11. The City of Seaside expand illegal fireworks operations planning and enforcement to address the use of year-round illegal fireworks by October 31, 2023.

R12. The City of Seaside evaluate the effectiveness of a regional task force to resolve the issue of year-round illegal fireworks by October 31, 2023.

R13. The City of Seaside dedicate the necessary resources to minimize the problem of illegal year-round fireworks.
8 Packet Page 634

RESPONSES REQUIRED

REQUIRED RESPONSES
Pursuant to Penal Code (Sect) 933 and 933.05, the Civil Grand Jury requests required responses:

From the following governing body within 90 days:

City of Seaside City Council
Findings: F1-F7
Recommendations: R1-R13
Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.

GLOSSARY
CGJ Civil Grand Jury
CFS Calls for Service
Triangulation – the process of determining the exact location of a sound, using a minimum of three receptors.

BIBLIOGRAPHY
City of Seaside Website
https://www.ci.seaside.ca.us
Illegal Fireworks Section of the City of Seaside Website https://www.ci.seaside.ca.us/649/Illegal-Fireworks-Enforcement California Health and Safety Code, Section 12670-12692
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml? sectionNum=12670.&lawCode=HSC
Flock Safety Website
https://www.flocksafety.com/
ShotSpotter
https://www.soundthinking.com/
Note: All charts in this report were created by CGJ members based on statistics researched. 9 Packet Page 635

PUBLIC AFFAIRS & CITY CLERK DEPARTMENT
440 Harcourt Avenue Telephone 831-899-6707
Seaside, CA 93955 Fax 831-718-8594
www.ci.seaside.ca.us
Include, Innovate, Inspire
August 14, 2023
Leslie J. Girard
County Counsel
Office of the County Counsel
168 West Alisal Street, 3rd Floor
Salinas, CA 93901
RE: 2023 Monterey County Civil Grand Jury Report – “The Real Cost of Fireworks” Dear Mr. Girard,
The City of Seaside received the 2023 Monterey County Civil Grand Jury Report entitled “The Real Cost of Fireworks”. On behalf of the City of Seaside City Council, City Manager Jaime M. Fontes, submits their responses with indication as to whether they agree, disagree wholly or disagree partially with the findings.

The Seaside City Council responds to the findings as follows:

F1. “The City’s website is not updated or easy to navigate, creating a lack of governmental transparency resulting in a disservice to residents and visitors.”
Response F1: The respondent agrees with the finding.

F2. “Minimal Spanish language content on the City’s website results in limited site utility to a significant number of residents.”
Response F2: The respondent disagrees partially with the finding. The City’s website has Google translation embedded on its site and while Google translation is a good tool for providing basic translation services, it is not perfect. Google translation can sometimes produce inaccurate or misleading translations, which could lead to confusion and frustration for users. Additionally, Google translation does not always translate the tone or intent of the original text, which could lead to misunderstandings. The City of Seaside has acknowledged the importance of providing access to its website to all residents, regardless of language. The City is committed to providing more Spanish language content on its website, and it is working to improve the accuracy and reliability of Google translation.

Commented [SD1]: Les is a male.

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In the meantime, the City encourages Spanish-speaking residents to contact the City for assistance if they have difficulty understanding the website [and this is noted on the webpage?]. The City has bilingual staff who can help residents translate website content or answer questions in Spanish.

F3. “Lack of documentation and reporting of illegal fireworks Calls for Service and complaints throughout the year does not provide the City Council with adequate information to make decisions regarding the health and safety of residents and visitors.”
Response F3: The respondent disagrees wholly with the finding. All fireworks calls are documented in the Dispatched logs held by the Monterey County Communications Center. We do have sporadic calls related to fireworks, but we have determined decades ago, the issue is prevalent during New Year's & the 4th of July. We have reported this to Seaside City Council and the community for decades.

F4. “The Flock Safety gunshot detection system’s inability to distinguish gunshots from illegal fireworks renders the system useless in combating the use of illegal fireworks in the City of Seaside.”
Response F4: The respondent disagrees wholly with the finding. This system, which has not been deployed, captures explosions consistent with gunfire. Flock cannot yet commit to distinguishing what object is the root cause for an explosion, but they are in the works for enhancing their technology to distinguish such explosions. Again, if the system can capture an explosion already, we do not consider that useless.

F5. “The City’s planning efforts and focus on illegal fireworks enforcement exclusively during the Fourth of July holiday period does not adequately serve the health and safety needs of residents and visitors throughout the year.”
Response F5: The respondent disagrees wholly with the finding. Our planning efforts are robust and more involved than any other Monterey County agency facing the same issue.

We also evaluate collisions, violence and fires, and all of those severe public safety concerns are extremely low considering all the activity we have during both holidays. We do not catch every person engaging in illegal fireworks activity, but we do issue multiple citations. There are hundreds, if not thousands of people involved in illegal fireworks activity. Expecting to catch everyone is no different than expecting CHP to catch every speeder on the freeway.

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F6. “Current efforts by the City to convene a regional illegal fireworks task force are not sufficiently organized to develop meaningful strategies to combat the sale, possession, and use of illegal fireworks and renders it ineffective.” Response F6: The respondent disagrees wholly with the finding. This is a very strong opinion for a process that has not formally launched. We had a pilot of our efforts for this past New Year's and saw a reduction. We are still working to build up our collaboration, but it will take some time. Again, this is another step we have taken to combat this issue.

To render this effort ineffective is irresponsible.

F7. “The limited data collected and compiled by the City does not provide adequate information for the City Council to fully understand, prioritize and address the scope of the illegal fireworks problem.”
Response F7: The respondent disagrees partially with the finding. The information shared is detailed and complete. This past year, we even provided information on a hostile crowd that attempted to surround our staff and threatened violence. The priority of illegal fireworks has been on the forefront our community for many years. It has been a serious challenge to curb it, due to the culture that has formed out of it.

In regards to the recommendations of the Civil Grand Jury, City Manager Jaime M.

Fontes, on behalf of the City of Seaside City Council, submits their responses with specification as to whether the recommendations are one of the four options in accordance with California Penal Code section 933.05 (b) (1) – (4):

1. Recommendation has been implemented; or

2. Recommendation has not been implemented but will be implementing noting a timeframe; or

3. Recommendation requires further analysis or study noting a timeframe not to exceed six months from date Grand Jury Report was issued; or

4. Recommendation will not be implemented because it is not warranted or reasonable, with an explanation.

The Seaside City Council responds to the recommendations as follows:

R1. The City of Seaside update the website to reflect current available services and government information and to provide historical continuity of City documents by October 31, 2023
Response R1: The recommendation will be implemented.

R2. The City of Seaside update the website regularly to reflect any changes in governmental information and available services.

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Response R1: The recommendation will be implemented.

R3. The City of Seaside modify the website to enhance the search functions by October 31, 2023.

Response R1: The recommendation will be implemented.

R4. The City of Seaside provide updated information in easily understood terms regarding illegal and “Safe and Sane” fireworks, and when and where legal fireworks may be used by October 31, 2023.

Response R1: The recommendation requires further analysis and will be conducted by December 31, 2023.

R5. The City of Seaside establish a system to identify and document year-round illegal fireworks Calls for Service by October 31, 2023.

Response R1: The recommendation has been implemented. This is already done through our Computer Automated Database managed by Monterey County.

R6. The City of Seaside prepare quarterly reports documenting illegal fireworks calls for Service received throughout the year and present the findings to the City Council.

Response R1: 4. The recommendation will not be implemented because it is not warranted or reasonable, because this would not be a necessity and would be very ineffective. We get very few calls outside of the two aforementioned holidays. We already have a strong city ordinance, which governs our reporting. This data can be included in our existing report. To allocate additional resources quarterly, would take away from other pressing issues we address throughout the year.

R7. The City of Seaside make the operations plans and after-action reports for illegal fireworks available on the website by October 31, 2023.

Response R1: The recommendation has been implemented. This is already done. It can be difficult to search the existing system, but the information is there and even posted on YouTube.

R8. The City of Seaside maintain contact with Flock Safety regarding future system capability to identify and differentiate the sounds of fireworks from gunshot sounds.

Response R1: The recommendation has been implemented. This is already being done and was discussed at the related City Council meeting.

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R9. The City of Seaside conduct comprehensive year-round community education on illegal fireworks in multiple languages.

Response R1: The recommendation will be implemented. The City of Seaside Police Department are happy to provide educational outreach in multiple languages, but during times leading up to our two holidays.

R10. The City of Seaside enhance public outreach and availability of all information and of city services in multiple languages by October 31, 2023.

Response R1: The recommendation will be implemented. The City of Seaside Human Resources Department is preparing a recruitment within the City Manager’s Department, in the City Clerk/Public Affairs Division, for the role of Communications and Community Engagement Specialist.

R11. The City of Seaside expand illegal fireworks operations planning and enforcement to address the use of year-round illegal fireworks by October 31, 2023.

Response R1: The recommendation has been implemented. We have expanded and will be doing so again this year. This is already being done.

R12. The City of Seaside evaluate the effectiveness of a regional task force to resolve the issue of year-round illegal fireworks by October 31, 2023.

Response R1: The recommendation has been implemented. This was conducted in the Police Department’s public after action report to City Council on August 3, 2023.

R13. The City of Seaside dedicate the necessary resources to minimize the problem of illegal year-round fireworks.

Response R1: The recommendation has been implemented. The City of Seaside had devoted more resources and support to curb this issue than any other city in our region.

They continue to support the police with our requests and needs.

The City Council approved the above response at the August 17, 2023 City Council Regular meeting.

We hope that this information addresses the Grand Jury’s findings and recommendations.

Please contact if you have any questions or require additional information.

Regards,
Jaime M. Fontes
City Manager
Commented [SD2]: Do you want to state a time frame?
Recruitment and hirigin may or may not be done by October 31, 2023.

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Cc: Seaside City Council
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Seaside City CouncilAugust 17, 2023

Seaside City Council
August 17, 2023