Agenda packet — Seaside City Council, February 1, 2024 (part 1 of 2)

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, February 1, 2024
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with options for viewing and listening virtually or telephonically, based on availability. ___________________________________________________________________________________ ___________________________________________________________________________________

1. To view this meeting: Please click on the following link to the City of Seaside YouTube Channel: https://www.youtube.com/c/CityofSeasideCalifornia

2. To view this meeting: Using the Zoom application on your smart phone, laptop, tablet or desktop and click on this link: https://ci-seaside-ca-us.zoom.us/j/81936832059 WEBINAR ID: 819 3683 2059

3. To listen by phone: Please call (669) 900-9128
Enter the meeting ID 819 3683 2059 when prompted. There is no participate code – press the pound sign # after the recording prompts you.

4. To make public comment, the following options are available:

Before the Meeting via Email: Written comments can be emailed to [email protected] Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments must be received by 2:00 p.m. on the day of the meeting.

During the Meeting via Oral Comments: When the Chair calls for public comment, members of the public participating in person and wishing to address the City Council may approach the podium when the Chair calls for public comment.

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Alexis Garcia-Arrazola
Rita Burks
Alex Miller
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member

3. INVOCATION AND PLEDGE OF ALLEGIANCE

4. REVIEW OF AGENDA
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City Council REGULAR Meeting February 1, 2024 5:00 PM Agenda Page 2 If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3- majority vote is required).

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

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

A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE EVENTS

AND COMMUNITY ANNOUNCEMENTS

7. PRESENTATIONS
A. STATUS AND EXPECTED TIMELINE FOR THE CAMPUS TOWN PROJECT (PROJECT MANAGER ADOLFO GONZALEZ)
B. CAPITAL IMPROVEMENT PROGRAM UPDATE (PUBLIC WORKS

DIRECTOR/CITY ENGINEER NISHA PATEL)
C. PUBLIC SAFETY ANNUAL CRIME REPORT (POLICE CHIEF NICK BORGES) D. REVIEW OF THE NOVEMBER 5, 2024, GENERAL ELECTION CALENDAR (CITY CLERK DOMINIQUE DAVIS)
E. COMMUNITY PARTNERSHIP FOR YOUTH ("CPY") 2023 COMMUNITY

SOCIAL SERVICES GRANT PROGRAM REPORT
F. MEALS ON WHEELS 2023 COMMUNITY SOCIAL SERVICES GRANT

PROGRAM REPORT
G. SUN STREET CENTERS 2023 COMMUNITY SOCIAL SERVICES GRANT

PROGRAM REPORT

8. CONSENT AGENDA
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City Council REGULAR Meeting February 1, 2024 5:00 PM Agenda Page 3 A. APPROVE MINUTES FROM JANUARY 4 AND 18, 2024
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

DELTA SIGMA THETA SORORITY, INC FOR THE YOUTH COLLEGE EXPO FIELD TRIP IN OAKLAND CALIFORNIA ON FEBRUARY 17, 2024
RECOMMENDATION: Approve a request from Delta Sigma Theta Sorority, Inc. for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with bus transportation and food for the college expo field trip for youth ages 11-

17. The college expo is at the Oakland Marriott City Center on February 17, 2024.

C. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM THE

SEASIDE HIGH SCHOOL BOYS BASKETBALL PROGRAM
RECOMMENDATION: Approve a request from Seaside High School Boys Basketball Program for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with purchasing equipment and uniforms.

D. APPROVE REQUEST FOR CO-SPONSORSHIP AND FEE WAIVER FOR 2024

HOT CARS COOL NITES CAR SHOWS
RECOMMENDATION: Approve a request from Gold Coast Rods for CoSponsorship and to waive fees associated with four nights of the Hot Cars Cool Nites Classic Car Shows in the amount of $12,627.04.

E. APPROVE A PROCLAMATION RECOGNIZING FEBRUARY AS AFRICAN AMERICAN ("BLACK") HISTORY MONTH
RECOMMENDATION: Approve a proclamation recognizing February as Black History Month.

F. ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE POLICIES

AND PROCEDURES MANUAL FOR THE COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) PROGRAM
RECOMMENDATION: Adopt a resolution approving amendments to the policies and procedures manual for the community development block grant (CDBG) program.

G. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF BROADWAY

AVENUE FROM CONTRA COSTA TO CALAVERAS STREETS FOR THE
SEASIDE STARS 2ND ANNUAL UNVEILING EVENT ON SATURDAY, MARCH 2, 2024
RECOMMENDATION: Adopt a resolution authorizing the street closure for the Seaside Stars unveiling event.

H. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A FACILITY USE AGREEMENT WITH SEASIDE PONY BASEBALL AND SOFTBALL FOR 2024 SEASON, AND AUTHORIZE WAIVING THE FEES

ASSOCIATED WITH THE USE OF THE FIELDS
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City Council REGULAR Meeting February 1, 2024 5:00 PM Agenda Page 4 RECOMMENDATION: Adopt a resolution to approve the Facility Use Agreement with Seaside Pony Baseball and Softball for the use of Soper, Rubio, and Cutino baseball fields for the 2024 season, including the fee waiver for field use and lighting fees.

I. ADOPT A RESOLUTION APPROVING AN ON CALL LIST FOR BUILDING

AND SAFETY CONSULTANT SERVICES
RECOMMENDATION: Adopt a resolution approving an on call list of consultant firms to provide professional services to the City for building and safety services.

J. ADOPT A RESOLUTION TO ENTER INTO AN AGREEMENT WITH JACOB

GREEN & ASSOCIATES FOR THE PREPARATION OF A CLIMATE ACTION

AND ADAPTATION PLAN (CAAP) FOR AN AMOUNT NOT TO EXCEED
$149,500.00
RECOMMENDATION: Adopt a resolution entering into a professional services agreement for the CAAP with Jacob Green & Associates for an amount not to exceed $149,500.000.

K. ADOPT A RESOLUTION AUTHORIZING AMENDMENT #4 TO INCREASE

THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES BY AN AMOUNT NOT TO EXCEED $607,644.44 FOR A TOTAL AGREEMENT AMOUNT OF $1,162,844.44 TO BE REIMBURSED BY THE

DEVELOPER OR PAID FOR OUT OF THE FORT ORD REUSE AUTHORITY

DEMOLITION BONDS
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute Amendment #4 to the Professional Services Agreement (PSA) increasing its amount by $607,644.44 to provide additional subconsultant services and management services for the Campus Town project, and amending the term of the PSA.

9. PUBLIC HEARING
A. AMEND SEASIDE MUNICIPAL CODE CHAPTER 8.32 FIREWORKS; ADDING SECTION 8.32.211 - CURFEW FOR USE OF SAFE AND SANE

FIREWORKS (SECOND READING - ROLL CALL VOTE)
RECOMMENDATION: Adopt an ordinance amending the City of Seaside Municipal Code Chapter 8.32 fireworks; adding section 8.32.211 - Curfew for the use of Safe and Sane Fireworks.

10. BUSINESS ITEMS
A. REVIEW AND TAKE ACTION ON THE TRAFFIC ADVISORY COMMITTEE RECOMMENDATION TO DENY AN ADDITIONAL DRIVEWAY AT 1251

PHOENIX AVENUE
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City Council REGULAR Meeting February 1, 2024 5:00 PM Agenda Page 5 RECOMMENDATION: Deny installation of an additional driveway approach at 1251 Phoenix Avenue.

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS

1. Consider placing a sign on Broadway Ave/Obama Way indicating the direction to downtown (Pacheco)

2. Consider placing white lights on the base of the cypress trees on Broadway Ave (Pacheco)
B. FOLLOW UP ON PREVIOUS REQUESTS

1. CalFresh Enrollment Update

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

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

13. CLOSED SESSION
Pursuant to Government Code Section 54956 et seq., the City Council and Successor Agency to Redevelopment Agency may adjourn to a Closed Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City Attorney. Public comments on these items are taken after being read by the City Attorney. For the public record, please state your name.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al
Negotiating Parties: KBB Seaside Venture, et. al. and City of Seaside Under Negotiation: Price, terms of payment or both
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: 1 McClure Way, commonly known as the Blackhorse and Bayonet Golf Course and Grand Hyatt Hotel site
Agency Negotiators: City Manager, et. al
Negotiating Parties: Seaside Acquisition Group et. al. and City of Seaside Under Negotiation: Price, terms of payment or both
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City Council REGULAR Meeting February 1, 2024 5:00 PM Agenda Page 6 C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9
Potential Litigation (3 MATTERS)
D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9-EXISTING LITIGATION
RECOMMENDATION: Case Name: Petrovich Development, et al. v. City of Seaside, et al.

Case Number: Monterey County Superior Court Case # 21CV003630

14. ADJOURNMENT
Next Regularly Scheduled Meeting:

February 15, 2024
5:00 p.m.

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

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DRAFT MINUTES

CITY OF SEASIDE SPECIAL MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, January 4, 2024
REDEVELOPMENT AGENCY 5:00 PM

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

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO
ABSENT: MILLER

3. PLEDGE OF ALLEGIANCE
Led by Council/Agency Member Burks.

4. PUBLIC COMMENT
None.

5. CLOSED SESSION
City Attorney Sheri Damon read the closed session items and did not anticipate a report out.

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Attorney
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Manager
C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9
Potential Litigation (2 MATTERS)

6. ADJOURNMENT
With no further business, the meeting adjourned at 6:09 p.m.

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Thursday, January 4, 2024 City Council SPECIAL Meeting Page 2 Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
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DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, January 18, 2024
REDEVELOPMENT AGENCY 5:00 PM

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

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: GARCIA-ARRAZOLA, MILLER, OGLESBY, PACHECO
ABSENT: BURKS

3. INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was held. The pledge was led by Council/Agency Member Miller.

4. REVIEW OF AGENDA
No changes.

5. PUBLIC COMMENT
Bobby Maxwell, Lynda Cunningham, Chandler Roland, Roger Blankenburg, Dirrick Williams, Lucille Erins, Rolando, Francisca Arollo, Dianne Nielson, Alexandra Matthews, Daisy, Liliana Diaz, no name given, Bob Maze, Susan Park, Alex, Cammi, Sarah, Karla Lobo, Sadia, Nord, Dr. Nicholas M. Creary, Brad, Lisa, Michael, Carlos Ocampo, Shane, Rhona Esau, Reina Diamond, no name given At the close of public comment, Mayor Oglesby inquired with the Council if any would like to propose a cease-fire resolution be added to a future agenda. There were no proposals from the Council.

6. PUBLIC AGENCY COMMUNICATIONS
Dr. Marshall Fulbright III, Monterey Peninsula College (MPC) President/Superintendent to extend an invitation to the city council and the broader community to a series of upcoming events hosted by MPC on the following topics:
• Mission, Vision, Values: February 2, February 6, February 7 • Marina Education Center Planning: February 21, February 23, February 27 More information is available at www.mpc.edu/ShapeMPC
Citywide Events and Community Announcements Video was introduced by Recreation Director Dan Meewis, and reviewed the following upcoming events:
• Everyone’s Harvest Seaside Certified Farmer’s Market, Every Thursday from 3- 7pm at Laguna Grande Park
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Thursday, January 18, 2024 City Council REGULAR Meeting Page 2 • Black History Month Art Exhibit, January 7-February 29; Reception at City Hall on January 26 at 7pm.
• Caltrans SR218 ADA Compliant Pedestrian Access Project construction is on hold and will continue later in the month of January dependent on weather; and 2 locations will need finishing after PG&E work on Del Monte to Sonoma, and Harcourt to Allston
• 7
th Annual Parent University, March 9 at 12:00 p.m. at Oldemeyer Center • CalFresh Food, food budget supplement for low income families, contact Family & Community Support Program for help with signing up
• Complimentary Childcare available at City Council meetings, call Oldemeyer Center at 831-899-6800 48 hours in advance to make a reservation • Self-serve sandbag distribution centers at Fire Department and the lot next to Chili’s Restaurant
• Family & Community Support Program offers assistance in a variety of areas, contact: [email protected]; 831-899-6852; bit.ly/SEASIDEFCSP

7. PRESENTATIONS
A. SPAY NEUTER IMPERATIVE PROJECT "SNIP" BUS OPERATIONS UPDATE (LORA JAMES AND LISA SEARS)
Lora James and Lisa Sears provided a presentation reviewing the mission of SNIP, sheltering by number, the results in Seaside and anticipated next steps, and responded to questions from the Council.

B. EVERYONE'S HARVEST SEASIDE CERTIFIED FARMER'S MARKET UPDATE (RECREATION DIRECTOR DAN MEEWIS)
Hester Parker, Executive Director of Everyone’s Harvest, provided a presentation that reviewed various statistics regarding the 23 farmer’s market that have been held in Seaside, and responded to questions from the Council.

C. PRESENTATION OF THE ANNUAL INDEPENDENT AUDITOR'S REPORT (FINANCE DIRECTOR VICTOR DAMIANI)
Grace Zhang, CPA, Audit Partner at Maze & Associates provided a presentation of the City’s annual audit that is expected to be finalized by March 31. The results were that the audit was unmodified and no exceptions were noted for its appropriation limit calculation.

Victor Damiani, Finance Director, provided a presentation reviewing the financial highlights for FY 2022-2023, and reviewed the recommendation to accept and file the Annual Comprehensive Financial Report (ACFR), governance letter and the Gann limit report related to item 8B.

8. CONSENT AGENDA
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Packet Page 10
Thursday, January 18, 2024 City Council REGULAR Meeting Page 3 Agency moved to approve the consent agenda as presented.

PUBLIC COMMENT: NONE
RESULT: 4-0-0-1
AYES: GARCIA-ARRAZOLA, MILLER, OGLESBY, PACHECO
NOES: NONE
ABSTAIN: NONE
ABSENT: BURKS
A. APPROVE MINUTES FROM OCTOBER 5 AND DECEMBER 21, 2023 ACTION: APPROVED
B. ACCEPT AND FILE THE FISCAL YEAR ENDING JUNE 30, 2023, ANNUAL

COMPREHENSIVE FINANCIAL REPORT, THE GOVERNANCE LETTER AND

THE GANN LIMIT REPORT
ACTION: ACCEPTED & FILED
C. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL BOYS SOCCER
ACTION: APPROVED
D. APPROVE A CO-SPONSORSHIP AND FEE WAIVER REQUEST FROM DELTA SIGMA THETA SORORITY, INC. FOR USE OF OLDEMEYER CENTER FOR TWO COMMUNITY EVENTS IN 2024: A HEALTH CONFERENCE AND THE

ANNUAL JABBERWOCK PAGEANT & YOUTH ON PARADE EVENT
ACTION: APPROVED
E. APPROVE A FEE WAIVER REQUEST FROM MONTEREY PENINSULA

NAACP FOR COSTS ASSOCIATED WITH THEIR COMMUNITY BUILDING EVENT WITH LOCAL POLICE CHIEFS "BREAKFAST WITH THE BADGES" ACTION: APPROVED
F. APPROVE ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT (ESCA) QUARTERLY REPORT
ACTION: APPROVED
G. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT WITH

WALLACE GROUP FOR ADDITIONAL CONSTRUCTION MANAGEMENT

AND INSPECTION SERVICES FOR FERNANDO PARK IMPROVEMENTS
PROJECT FOR AN AMOUNT NOT TO EXCEED $16,516.00
ACTION: ADOPTED RESOLUTION 24-01
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Thursday, January 18, 2024 City Council REGULAR Meeting Page 4

9. PUBLIC HEARING
A. AMEND SEASIDE MUNICIPAL CODE CHAPTER 8.32 FIREWORKS; ADDING SECTION 8.32.211 - CURFEW FOR USE OF SAFE AND SANE

FIREWORKS (FIRST READING, ROLL CALL VOTE)
Fire Chief Mary Gutierrez provided a presentation and reviewed the 11 recommendations that the Council considered at its October 5, 2023 meeting. The recommendation to the municipal code is to establish a 10:00 p.m. curfew for the use of safe and sane fireworks between the dates of June 28-July 5.

PUBLIC COMMENT: Bobby Maxwell, Ramona Oleata-Reed, Karla Lobo On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following roll call vote, the City Council/Successor Agency moved to amend the Seaside Municipal Code Chapter 8.32 Fireworks, adding section 8.32.211 – curfew for use of safe and sane fireworks.

RESULT: 3-1-0-1
AYES: GARCIA-ARRAZOLA, OGLESBY, PACHECO
NOES: MILLER
ABSTAIN: NONE
ABSENT: BURKS
ACTION: APPROVED FOR 2ND READING

10. BUSINESS ITEMS
A. ADOPT A RESOLUTION APPROVING THE APPLICATION FOR GRANT

FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

PROGRAM FOR THE SAN PABLO PEDESTRIAN BRIDGE DEMOLITION

AND RECONSTRUCTION PROJECT
Nisha Patel, Public Works Director/City Engineer, provided a presentation reviewing the grant application $700,000 for the San Pablo Pedestrian Bridge Demolition and Reconstruction project. If awarded, the funds would be distributed over a two-year period $350,000 in fiscal year 2024-2025, and $350,000 in fiscal year 2025-2026.

PUBLIC COMMENT: Bobby Maxwell, Donna Penwell, Ginny Reese, Ramona OlaetaReed On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Miller and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution approving the application for grant funds from the CDBG Program for San Pablo Pedestrian Bridge Demolition and Reconstruction Project.

RESULT: 4-0-0-1
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Thursday, January 18, 2024 City Council REGULAR Meeting Page 5 AYES: GARCIA-ARRAZOLA, MILLER, OGLESBY, PACHECO
NOES: NONE
ABSTAIN: NONE
ABSENT: BURKS
ACTION: ADOPTED RESOLUTION 24-02
B. ADOPT A RESOLUTION AUTHORIZING PG&E TO DONATE CITY OF SEASIDE "RULE 20A" WORK CREDITS IN THE AMOUNT OF $447,072.00

TO THE COUNTY OF MONTEREY FOR THE CARMEL VALLEY ROAD PHASE 3, RULE 20A UNDERGROUND UTILITY DISTRICT NO. 15
Nisha Patel, Public Works Director/City Engineer, provided a presentation reviewing the Rule 20A Program, that undergrounds power lines and facilities at the request of local governments. Rule 20A work credits can be applied to undergrounding projects if the project meets the prescribed criteria. The City does not meet the criteria to apply these work credits to its own projects, and if unused PG&E can allocate the work credits to any city within the state with or without the City’s consent. Staff recommends to exercises its option to donate the works credits to the agency of its choosing, and has opted to donate to the County of Monterey.

PUBLIC COMMENT: NONE
On motion by Mayor Pro-Tem/Vice Chair Pacheco and second by Mayor/Chair Oglesby and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution authorizing PG&E to donate the City’s Rule 20A work credits to the County of Monterey.

RESULT: 4-0-0-1
AYES: GARCIA-ARRAZOLA, MILLER, OGLESBY, PACHECO
NOES: NONE
ABSTAIN: NONE
ABSENT: BURKS
ACTION: ADOPTED RESOLUTION 24-03

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS

1. Consider placing a sign at Broadway/Obama Way indicating the direction to downtown (Pacheco)

2. Consider placing white lights on the base of the cypress trees on Broadway (Pacheco)

3. Status on Campus Town project and expected groundbreaking timeline (Oglesby) B. FOLLOW UP ON PREVIOUS REQUESTS
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Thursday, January 18, 2024 City Council REGULAR Meeting Page 6

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

13. CLOSED SESSION
City Attorney Sheri Damon read the closed session items and did not anticipate any announcements of action to report.

14. ADJOURNMENT
With no further business, the meeting adjourned at 10:19 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: February 1, 2024
SUBJECT: APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST

FROM DELTA SIGMA THETA SORORITY, INC FOR THE YOUTH

COLLEGE EXPO FIELD TRIP IN OAKLAND CALIFORNIA ON
FEBRUARY 17, 2024

RECOMMENDATION
Approve a request from Delta Sigma Theta Sorority, Inc. for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with bus transportation and food for the college expo field trip for youth ages 11-17. The college expo is at the Oakland Marriott City Center on February 17, 2024.

BACKGROUND
The Monterey Peninsula Alumnae Chapter of Delta Sigma Theta Sorority, Inc. is requesting a donation of $3,000.00 for the Mayor's Youth Fund to cover the costs associated with bus transportation and food. They will be taking students ages 11 to 17 years old to the College Expo that will be held at the Oakland Marriott City Center on February 17, 2024. Adults are encouraged to bring students as young as 6th grade to help promote their college planning. High school students will get a chance to talk to representatives from different colleges and universities and have opportunities to apply for scholarships. The Delta Sigma Theta Sorority's Service Project teaches groups of students to start recycling projects at their school. They will be recycling items for classrooms and other buildings in the schools.

Based on the information provided, staff has determined that the application meets the requirements of the Mayor's Youth Fund Policy. This is the first time that Delta Sigma Theta Sorority has requested a donation.

FISCAL IMPACT
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Item No. 8.B. Page 2 of 2
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $54,107.02. If the City Council approves this request, the balance will decrease to $51,107.02. This is for fiscal year 2023/24.

In the event that all of the funds in the Mayor's Youth Fund become exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council meeting.

ATTACHMENTS

1. Delta Sigma Theta Sorority, Inc. Mayor's Youth Fund Request 2024

2. W-9 -Delta Sigma Theta Sorority, Inc. 2024

3. Delta Sigma Theta Soroity 501(c)(3) lookup information

4. Oakland Black College Expo Flyer 2024
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: February 1, 2024
SUBJECT: APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST

FROM THE SEASIDE HIGH SCHOOL BOYS BASKETBALL

PROGRAM

RECOMMENDATION
Approve a request from Seaside High School Boys Basketball Program for a donation of $3,000.00 from the Mayor's Youth Fund for the costs associated with purchasing equipment and uniforms.

BACKGROUND
The Seaside High School Boys Soccer Program is requesting a donation of $3000.00 from the Mayor's Youth Fund to cover the costs associated with purchasing equipment and uniforms. The Seaside High School Boys Basketball Program teaches the players the importance of character, sportsmanship, life skills and the importance of achieving excellence at school and in the community. After every game and practice, they encourage all their athletes to clean up the areas they have used as well as the surrounding areas. They also collect all the plastic bottles and cans for recycling purposes.

Based on the information provided, staff has determined that the application meets the requirements of the Mayor's Youth Fund Policy. The Seaside High School Boys Basketball Program received their last donation at the January 30, 2023 City Council meeting. They submitted their 2023 Mayor's Youth Fund Closing Report within the 60- day time frame.

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery's donation Packet Page 24

Item No. 8.C. Page 2 of 2
to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $51,107.02. If the City Council approves this request, the balance will decrease to $48,107.02. This is for fiscal year 2023/24.

In the event that all the funds in the Mayor's Youth Fund become exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council meeting.

ATTACHMENTS

1. MYF Seaside High School Boys Basketball 2024

2. W-9 Seaside High School Boys Basketball 2024

3. Mayors Youth Fund Closing Report Seaside High School Boy's Basketball 2023 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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04/22/2023
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: February 1, 2024
SUBJECT: APPROVE REQUEST FOR CO-SPONSORSHIP AND FEE WAIVER FOR 2024 HOT CARS COOL NITES CAR SHOWS

RECOMMENDATION
Approve a request from Gold Coast Rods for Co-Sponsorship and to waive fees associated with four nights of the Hot Cars Cool Nites Classic Car Shows in the amount of $12,627.04.

BACKGROUND
The City of Seaside has co-sponsored and funded the Gold Coast Rods classic car show on lower Broadway since 1998. The original car shows were fully funded for six events a year, which occurred on the last Friday of each month from May to October. During the 2005-06 budget review, the City Council voted to fund only the first three events, requiring Gold Coast Rods to cover the costs for the remaining three events for the 2005 and 2006 seasons. Funding was completely eliminated in the 2009-10 budget cuts and the organization eventually discontinued their event in the City of Seaside.

In 2014, the City reestablished their co-sponsorship of the Gold Coast Rods events, and they have continued since. The 2023 events were approved for co-sponsorship and fee waivers for costs associated with public works services, and the Fee Waiver & Special Event applications were approved to close Broadway Avenue between Calaveras and Contra Costa and detour traffic during each of the five events.

Gold Coast Rods has submitted a Special Event Application and is requesting all fees be waived for this year’s events that will be held on June 28, 2024, July 26, 2024, August 30, 2024, and September 27, 2024. Gold Coast Rods will provide the insurance coverage.

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Item No. 8.D. Page 2 of 2
The approval of the co-sponsorship and fee waiver for the Hot Cars Cool Nites Car Shows will support the City Council Strategic Priorities of:
• Diverse and Inclusive Community
• Community Safety & Quality of Life

FISCAL IMPACT
Fees that would have been credited to the General Fund will not be collected if the fee waiver is granted.

The City’s adopted fee schedule includes the following approximate fees, which are applicable to this request:

June 28, 2024:

Public Works Staff: $ 3,156.76
July 26, 2024:

Public Works Staff: $ 3,156.76
August 30, 2024:

Public Works Staff: $ 3,156.76
September 27, 2024:

Public Works Staff: $ 3,156.76
GRAND TOTAL FOR ALL FOUR EVENTS: $12,627.04

ATTACHMENTS

1. Gold Coast Fee Waiver and Special Event Application 2024

2. Temporary Street Closure Policy- Gold Coast Rods 2024

3. Gold Coast Rods Events - Insurance 2024
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: February 1, 2024
SUBJECT: APPROVE A PROCLAMATION RECOGNIZING FEBRUARY AS AFRICAN AMERICAN ("BLACK") HISTORY MONTH

RECOMMENDATION
Approve a proclamation recognizing February as Black History Month.

BACKGROUND
Black (or African American) History Month celebrates the many achievements and contributions that African Americans have made to American history in their struggles for freedom and equality and deepens our understanding of our nation's history.

The City of Seaside embraces its diversity and acknowledges the invaluable contributions of its African American residents and visitors to our economic, cultural, spiritual, and political development.

A commemorative flag observing Black History Month will be flown at City Hall and Oldemeyer Center from February 1 to February 28, 2024.

FISCAL IMPACT

ATTACHMENTS

1. Black History Month Proclamation
Reviewed for Submission to the City Council by:

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Item No. 8.E. Page 2 of 2
_________________________________________
Jaime M. Fontes, City Manager
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City of Seaside

PROCLAMATION
Black History Month
February 2024
WHEREAS, each February, National Black History Month serves as both a celebration and a powerful reminder that Black history is American history, Black culture is American culture, and Black stories are essential to the ongoing story of America – our faults, our struggles, our progress, and our aspirations; and
WHEREAS, during Black History Month, we celebrate the many achievements and contributions made by African Americans to our economic, cultural, spiritual and political development; and WHEREAS, shining a light on Black history during this month is as important to understanding ourselves, this country, and growing strong as a City; and WHEREAS, the City of Seaside embraces its diversity and acknowledges the invaluable contributions of our African American residents and visitors as we celebrate Black History Month; and WHEREAS, the City of Seaside was incorporated on October 13, 1954, on November 12, 1954, Richard Joyce and Jack Simon and others formed the first African American political caucus named the Civic Voters League, and later Ewalker James and Morris McDaniel and others formed the Citizens League for Progress; and
WHEREAS, in any thriving community, faith-based leaders have and must continue to play a vital role promoting civil rights through political activists, Monterey Peninsula Ministerial Alliance has lead the way. Leaders including, but not limited to, the founder Pastor Rev. Dr. Herbert Hoover Lusk Sr., Pastor G. E. Ellis, Pastor U. S. Metters, Pastor G. E. Hooks, Pastor Richard Nance Jr., Pastor C.

Lewis McFadden, Pastor Rev. Dr. Welton McGee Sr., Pastor J. Spearman, Pastor Raymond Martin Jr., Pastor E. B. Stewart, Pastor S. R. Martin, Bishop Wilbur Wyatt Hamilton, and the continued advocacy of Sr. Pastor Dr. Samuel E. Gaskins; and
WHEREAS, African Americans have reached the highest level of regional governance; the Honorable (late) Jerry Smith, the only African American elected to the Monterey County Board of Supervisors and Superior Court of Monterey County, the Honorable Judge Marla O. Anderson; and Packet Page 56
WHEREAS, Seaside, as a model of racial and ethnic accord and a reputation for championing civil and human rights, and equity of opportunities and was visited by national civil rights leaders including Dr. Martin Luther King, Jr., Rosa Parks, and Angela Davis; and WHEREAS, civic minded individuals served in city government in different capacities including as Mayor: Oscar Lawson, Stephen Ross, Lance McClair, Don Jordan, Jerry Smith; as Councilmen:

Monroe Jones (at the time one of only three black city councilmen in the state of California) , Oscar Lawson, Theron Polite, Stephen Ross, Mel Mason, Darryl Choate, Ian N. Oglesby, Alvin Edwards, and Jon Wizard; and Councilwomen: Pearl Carey (Seaside first African American councilwomen and the first person in Monterey County of any color to serve on a committee of a national political party), Ira Lively (after serving as the first female Seaside police officer), Helen Rucker, and Kayla Jones; as City Managers: Stanley Hall, Charles McNeely, and Tim Brown; member of the Seaside History Commission, Pope McDonald, and member of the Seaside Art Commission for 30 years, Walter Lee Avery for whom the City of Seaside Art Gallery is named; and WHEREAS, Seaside educator Dr. Charlie Mae Knight, who later became the first African American female California State Associate Superintendent of Instruction, spearheaded the 1966 to 1969 recruitment to the Monterey Peninsula Union School District (MPUSD) of more than 70 AfricanAmerican teachers and administrators including Dr. Henry Hutchins, Helen Rucker, Dr. Billy De Berry, and Dr. Bettye Lusk who later became the first African American MPUSD Superintendent. Those elected to the MPUSD Board of Trustees included Ira Lively the first African American female elected to the board in 1979, was also an adjunct professor at Monterey Peninsula College (MPC), Sam Brown, Helen Rucker, Dr. Bettye Lusk, and Alana Myles; with the on-going contributions of many educators including, but not limited to teachers Lucille Standifer, Willie McCoin, Mattye Effie McNeal, Myrtle Duffel, and Dr. Marie A Sweet; Principals Mae Carol Johnson (a 1987 Milken Family Foundation Educator Award recipient), Dr. Gwendolyn and Ty Laster; and Dr. Bettye Lusk currently serving as the California School Boards Association (CSBA), President-elect; and WHEREAS, African American served on the boards of: the Monterey Peninsula Community College District (MPC), the first African American Sherman Smith serving for 33-years (1964-1997 at the time the longest serving trustee in the state of California), Charles Brown, Rosalyn Green (the first African American female elected from Trustee Area #1), currently servings Board President; Monterey County Board of Education Trustee Area #6: Warner Davis (1993-2007), Ian N. Oglesby, Byrl Smith, and Mary Claypool currently servings as Board President; and WHEREAS, in 1932 the NAACP Monterey Peninsula Branch was established, its primary founder was the Rev. Wellington Smith, Sr., advocating for the civil and human rights of all, benefiting and advancing though the leadership of many including but not limited to: John and Lenora Bean, Mel Mason, Ruthie Watts, William Zeller, Regina Mason, Mary Claypool, Joe Watsons, Josh Stewart, and current President Lyndon Tarver, Vice President Dr. Vanessa Lopez-Littleton, and Annalisa Mitchell; and
WHEREAS, Seaside residents have role modeled the way to the highest levels of athletic achievements and became professional athletes includes NFL: Philadelphia Eagles: Rev. Dr. Herbert Hoover Lusk, II (the Praying Tailback), Ron Johnson (Wide Receiver), Anthony Toney (Tight End), Packet Page 57
Pastor M. L. Carter (cornerback), as was Herman Edwards (Cornerback) who went on to become Head Coach for the New York Jets, Kansas City Chiefs, and Arizona State; and WHEREAS, the National Pan Hellenic Council of Seaside, a coalition of African American sororities and fraternities, continues to organize events and provides scholarship money for youth throughout the Peninsula, and, beginning in 1986, Delta Sigma Theta Sorority, Inc. under the leadership of Bobbie McDaniel, partnered with the City of Seaside to establish the 1st Dr. Martin Luther King, Jr. (annual) remembrance march and recommitment ceremony “A Day on Not a Day Off”, and for 15 years was coordinated by the late Don & Alice Jordan; and WHEREAS, the Kiwanis Club of Seaside, formed in 1959, changed the face of Kiwanis by becoming the first predominately African American group, with Alice Jordan serving as the first female African American Lt. Governor of Division 43 (California, Nevada and Hawaii District); and WHEREAS, a commemorative flag observing Black History Month will be flown at City Hall and Oldemeyer Center from sunrise on February 1 to sunset on February 28, 2024; NOW THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim February 2024 as Black History Month in the City of Seaside and recognize the positive impact residents including those not listed, have made in our community and who strive to make Seaside a more diverse, equitable, and inclusive, supportive community for all, known for its historic legacy of racial diversity and on-going contributions to the regions overall quality of life.
____________________
Ian N. Oglesby, Mayor
February 2024
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Haroon Noori, Administrative Analyst II
DATE: February 1, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE

POLICIES AND PROCEDURES MANUAL FOR THE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

RECOMMENDATION
Adopt a resolution approving amendments to the policies and procedures manual for the community development block grant (CDBG) program.

BACKGROUND
The City of Seaside (City) is an entitlement city that receives a yearly Community Development Block Grant (CDBG) from U.S. Department of Housing and Urban Development (HUD) to carry out the Seaside CDBG Program (Program). Upon acceptance of each annual grant award, the City contractually agrees to implement the Program in accordance with the Housing and Community Development Act of 1974 and the related CDBG program regulations in 24 CFR Part 570. CDBG awards are also subject to the Uniform Administrative Standards for Federal Awards described in 2 CFR Part 200. As a recipient of CDBG funds, the City is required to adopt local program policies and procedures to help guide the administration of the City's CDBG program.

DISCUSSION
The City's CDBG Policies and Procedures manual, which was adopted in 2012, was last updated in 2017. On May 17, 2023, HUD provided a detailed monitoring report which outlined recommended changes to the City’s CDBG Policies and Procedures Manual. City staff has revised the City’s CDBG Policies and Procedures manual based on HUD’s recommendations per the monitoring report. Some of the notable changes made to the manual include:
• Revised Introduction and Definitions
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Item No. 8.F. Page 2 of 2
• Added Roles and Responsibilities
• Added Application Process and Evaluation Criteria
• Incorporated procurement provisions
• Incorporated Duplication of Benefits provisions
• Incorporated references to 2 CFR Section 200 and removed references to 24 CFR Sections 84 and 85.
• Incorporated CARES Act policies and procedures into the main CDBG Policies and Procedures Manual

FISCAL IMPACT
There is no fiscal impact associated with the adoption of this resolution.

ATTACHMENTS

1. Resolution - Revised CDBG Policies and Procedures Manual 2024

2. DRAFT Seaside CDBG Program Policies and Procedures 2024 Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Meeting Date: 2/1/24
Item #: 8.H.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING AMENDMENTS TO THE CITY OF SEASIDE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM POLICIES AND

PROCEDURES MANUALS
WHEREAS, The City of Seaside (City) is an entitlement city that receives a yearly Community Development Block Grant (CDBG) from U.S. Department of Housing and Urban Development (HUD) to carry out the Seaside CDBG Program (Program). Upon acceptance of each annual grant award, the City contractually agrees to implement the Program in accordance with the Housing and Community Development Act of 1974 and the related CDBG program regulations in 24 CFR Part 570. CDBG awards are also subject to the Uniform Administrative Standards for Federal Awards described in 2 CFR Part 200; and
WHEREAS, HUD requires each entity receiving CDBG funds to have a local program guideline and policies manual for administering said funds; and WHEREAS, the City has adopted a CDBG Policies and Procedures manual which was last updated in 2017; and
WHEREAS, On May 17, 2023, the HUD provided a detailed monitoring report which outlined recommended changes to the City’s CDBG Policies and Procedures Manual; and
WHEREAS, City staff has revised the City’s CDBG Policies and Procedures manual based on HUD’s recommendations per the monitoring report.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby adopt the revised CDBG Policies and Procedures Manual marked Attachment “1” and made a part hereof.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of February 2024, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:

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-2
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
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CITY OF SEASIDE, CA

COMMUNITY DEVELOPMENT

BLOCK GRANT PROGRAM
(CDBG)

PROGRAM POLICIES AND PROCEDURES
REVISED 20172024
City of Seaside,
440 Harcourt Avenue
Seaside, CA 93955-0810
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2 TABLE OF CONTENTS
INTRODUCTION ...................................................................................................................4 DEFINITIONS.........................................................................................................................5 ROLES AND RESPONSIBILITIES .....................................................................................13 OVERVIEW OF ALLOCATION OF CDBG PROGRAM FUNDS .....................................16 A DETAILED PLAN FOR CITIZEN PARTICIPATION (CPP)........................................16 CDBG ALLOCATION PROCESS .........................................................................................18 CDBG APPLICTION PROCESS...........................................................................................18 EVALUATION PROCEDURES AND CRITERIA..............................................................19 APPEALS................................................................................................................................. 21 ELIGIBLE ENTITIES...........................................................................................................23 NATIONAL OBJECTIVES – A PROGRAM PRIORITY.....................................................23 ELIGIBLE ACTIVITIES .......................................................................................................24 PROJECT TIMELINES.........................................................................................................25 PUBLIC SERVICES ...............................................................................................................26 ACQUISITION OF REAL PROPERTY ...............................................................................28 PUBLIC FACILITIES AND IMPROVEMENTS.................................................................30 CLEARANCE/DEMOLITION.............................................................................................33 REHABILITATION ..............................................................................................................34 CONSTRUCTION OF HOUSING.......................................................................................38 CODE ENFORCEMENT......................................................................................................39

ECONOMIC DEVELOPMENT AND SPECIAL ECONOMIC DEVELOPMENT
ACTIVITIES ...........................................................................................................................40 MICRO ENTERPRISE ASSISTANCE .................................................................................43

SPECIAL ACTIVITIES BY COMMUNITY BASED DEVELOPMENT
ORGANIZATIONS (CBDOS)...............................................................................................44 HOMEOWNERSHIP ASSISTANCE....................................................................................47 RECONSTRUCTION............................................................................................................47 HANDICAPPED ACCESSIBILITY (REMOVAL OF ARCHITECTURAL BARRIERS) .48 INELIGIBLE ACTIVITIES...................................................................................................49 REQUIREMENTS FOR APPLICANTS............................................................................... 51 LEVERAGING AND MATCHING....................................................................................... 51 CONSOLIDATED PLAN AND ANNUAL ACTION PLAN AMENDMENT ..................52 Packet Page 64
3 MID-YEAR RE-ALLOCATION POLICY AND PROCEDURE.........................................55 SUBRECIPIENT MANAGEMENT .....................................................................................57 MEASURING PERFORMANCE OF CDBG FUNDED ACTIVITIES ..............................60 CITY OF SEASIDE CDBG REPORTING/IMPLEMENTATION PROCEDURES ........62 INTERNAL CONTROLS AND REPORTING TO CITY OF SEASIDE...........................63 PROCUREMENT ..................................................................................................................64 DUPLICATION OF BENEFITS .......................................................................................... 71 OTHER FEDERAL LAWS, REGULATIONS, AND EXECUTIVE ORDERS..................72

CORONAVIRUS AID, RELIEF, AND SECURITY ACT (CARES ACT) PROGRAM POLICIES AND PROCEDURES..........................................................................................75 SUMMARY..............................................................................................................................75 BACKGROUND .....................................................................................................................75 ALLOCATION OF CDBG-CV FUNDS. ...............................................................................78 COORDINATION ...................................................................................................................78 DUPLICATION OF BENEFITS ..........................................................................................79 DEFINITIONS.........................................................................................................................3 OVERVIEW OF ALLOCATION OF CDBG PROGRAM FUNDS .......................................7 A DETAILED PLAN FOR CITIZEN PARTICIPATION (SCPP)........................................7 CDBG ALLOCATION PROCESS ...........................................................................................8 ELIGIBLE ENTITIES...........................................................................................................10 NATIONAL OBJECTIVES – A PROGRAM PRIORITY..................................................... 11 ELIGIBLE ACTIVITIES .......................................................................................................12 PROJECT TIME LINES........................................................................................................12 PUBLIC SERVICES ...............................................................................................................13 ACQUISITION OF REAL PROPERTY ...............................................................................15 PUBLIC FACILITIES AND IMPROVEMENTS.................................................................18 CLEARANCE/DEMOLITION............................................................................................. 21 REHABILITATION ..............................................................................................................22 CONSTRUCTION OF HOUSING.......................................................................................25 CODE ENFORCEMENT......................................................................................................26

ECONOMIC DEVELOPMENT AND SPECIAL ECONOMIC DEVELOPMENT
ACTIVITIES ...........................................................................................................................28 MICRO ENTERPRISE ASSISTANCE ................................................................................. 31

SPECIAL ACTIVITIES BY COMMUNITY BASED DEVELOPMENT
ORGANIZATIONS (CBDOS)...............................................................................................32 Packet Page 65
4 HOMEOWNERSHIP ASSISTANCE....................................................................................34 RECONSTRUCTION............................................................................................................35 HANDICAPPED ACCESSIBILITY (REMOVAL OF ARCHITECTURAL BARRIERS) .36 INELIGIBLE ACTIVITIES...................................................................................................37 REQUIREMENTS FOR APPLICANTS...............................................................................39 LEVERAGING AND MATCHING.......................................................................................39 CONSOLIDATED PLAN AND ANNUAL ACTION PLAN AMENDMENT ..................40 MID-YEAR RE-ALLOCATION POLICY AND PROCEDURE.........................................43 SUBRECIPIENT MANAGEMENT .....................................................................................45 MEASURING PERFORMANCE OF CDBG FUNDED ACTIVITIES ..............................48 CITY OF SEASIDE CDBG REPORTING/IMPLEMENTATION PROCEDURES ........50

INTERNAL CONTROLS AND REPORTING TO CITY OF SEASIDE RESOURCE MANAGEMENT SERVICES ................................................................................................ 51 OTHER FEDERAL LAWS, REGULATIONS, AND EXECUTIVE ORDERS..................52

INTRODUCTION
The City of Seaside (City) is an entitlement city that receives a yearly Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD) to carry out the Seaside CDBG Program (Program). Upon acceptance of each annual grant award, the City contractually agrees to implement the Program in accordance with the Housing and Community Development Act of 1974 and the related CDBG program regulations in 24 CFR Part 570. CDBG awards are also subject to the Uniform Administrative Standards for Federal Awards described in 2 CFR Part 200.

The intent of the Program is to develop viable neighborhoods in Seaside by providing a suitable living environment and decent housing, principally for persons of low and moderate income. CDBG funds must be used for eligible activities that meet the national objectives of the CDBG Program.

The use of designated public agencies, subrecipients, or contractors does not relieve the City of its responsibility. The City is also responsible for determining the adequacy of performance under subrecipient agreements and procurement contracts, and for taking appropriate action when performance problems arise.

This manual is effective February 1, 2024 and will remain in effect until updated or replaced. It can be revised to meet changes in federal regulations, actions of the City Council, or to meet administrative needs upon approval.

Purpose and Scope of This Manual
The purpose of the Seaside CDBG Program Policies & Procedures Manual (Manual) is to establish a framework that guides the administration of the Program.

The Manual is specifically designed to guide City staff and to help CDBG funded entities understand the requirements that apply to the use of such Federal funds for the delivery of the Program and its eligible activities. It provides an approach for making decisions, ensuring the Program is operated in Packet Page 66
5 a fair and consistent manner, as well as providing all Program participants with an understanding of how the City manages the Program.

The guidance provided in this Manual applies to all CDBG funds awarded to the City and used by funded entities. The contents of this Manual are organized around the life cycle of an annual CDBG grant and its eligible activities or projects from initial planning through implementation to closeout.

Use of the content follows the premise that CDBG program requirements can be satisfied through timely preparation, completion, and recording or filing of required documentation. These requirements encompass regulatory, performance, administrative, financial, compliance, and record keeping functions.

The information and materials within this Manual are subject to change as local policy and HUD rules and regulations change. Moreover, the Manual does not replace or amend any of the provisions included in any agreement executed between the City and its funded entities. Should there be any disagreement between the executed agreement and this Manual, the provisions contained within that executed contract, service level agreement, or memorandum of understanding (MOU) will take precedence.

Additionally, the policies and procedures contained in this Manual supersede any Program handbook or instructions, written or oral, issued previously. As part of the administration of the Community Development Block Program, the CDBG Coordinator will revisit this Manual annually to ensure it is current and relevant to the program. Any subsequent revisions will substitute and replace prior policy or procedure statements and become a part of this Manual.

For questions regarding this Manual, please contact the Seaside City CDBG Coordinator or the Community Development Director.

The CDBG program is a flexible program that provides communities with resources to address a wide range of unique community development needs. Beginning in 1974, the CDBG program is one of the longest continuously run programs at the Department of Housing and Urban Development (HUD). The program is authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C.-5301, et seq.

It is important to understand what you are reading. With HUD’s many acronyms, we chose to put the definitions first.

DEFINITIONS
24 CFR Part 85 (the Common Rule): This rule provides that the grantee shall take affirmative steps to encourage contracting with small minority and female owned business enterprises when possible as sources of supplies, equipment, construction, and services.

Annual Action Plan (AAP): The AAP outlines the activities that will be undertaken during the program year to meet the goals stated in the City’s 5-year Consolidated Plan (defined below).

Affirmatively Furthering Fair Housing (AFFH): AFFH is a legal requirement for local governments that receive federal grants to further the purposes of the Fair Housing Act by undertaking actions that combat discrimination, overcome patterns of segregation, and foster inclusive communities free from barriers that restrict access to housing.

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6 Analysis of Impediments to Fair Housing Choice (AI): The AI is a comprehensive review of a community’s laws and administrative policies and practices (both public and private), and an analysis of how they affect the location, availability, and accessibility of housing choice for various protected classes (e.g. race, color, religion, sex, disability, familial status, or national origin). The AI is required to be updated every five years in conjunction with the Consolidated Plan.

Citizen Participation Plan (CPP): The Citizen Participation Plan (CPP) outlines the procedures the City will undertake to ensure public involvement during the development of the City’s Consolidated Plan and Annual Performance Report, and Analysis of Impediments to Fair Housing Choice.

Community Development Block Grant (CDBG): The CDBG program provides formula grants to create viable urban communities by providing decent housing, suitable living environments and expanded economic opportunities, principally for low and moderate-income persons.

Consolidated Annual Performance Evaluation Report (CAPER): The CAPER provides the federal government, Congress and the public with necessary information to assess the City’s progress in meeting its CDBG program goals.

Consolidated Plan: The Consolidated Plan is prepared by the grantee in accordance with 24 CFR Part 91, and describes needs, resources, priorities and proposed activities to be undertaken with respect to CDBG program. An approved Consolidated Plan is one which has been approved by HUD.

Contractors: A contractor is an entity paid with CDBG funds in return for a specific service (e.g., construction). Contractors must be selected through a competitive procurement process based on the City’s procurement standards.

Copeland Anti-Kickback Act: Makes it a criminal offense for a person to induce anyone employed in the construction, completion, or repair of any public building, public work, or building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which the employee is otherwise entitled. The Act also regulates payroll deductions, specifies methods of paying wages to covered employees, and requires the submission of weekly payrolls in conjunction with statements of compliance by all contractors in a format that meets the requirements of 29 CFR Section 5.5.

Davis-Bacon Act: The Act is triggered when construction work over $2,000 is financed in whole or in part with CDBG funds. It requires that workers receive no less than the prevailing wages being paid for similar work in the same area.

Department of Housing and Urban Development (HUD): HUD is the federal agency that oversees the CDBG program, among various other programs. HUD’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all.

Displacement: The relocation of individuals from their residences resulting from housing development and rehabilitation activities paid for by federal funds.

Draw down: Refers to the process of requesting and receiving CDBG funds. Grantees draw down funds from a line of credit established by HUD, while sub recipients draw down funds from the grantee.

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7 Eligible Activity: Activities that may be supported in whole or in part with CDBG funds as defined in the Code of Federal Regulations Title 24.

Entitlement Community: A metropolitan city or urban county entitled to receive a formula allocation of CDBG funds.

Executive Order 11063: This Executive Order provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in housing and related facilities provided with Federal assistance and lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the Federal government.

Executive Order 11246: This Executive Order applies to all federally assisted construction contracts and subcontracts. It provides that no person shall be discriminated against based on race.

Executive Order 11259: This Executive Order provides that the administration of all Federal programs and activities relating to housing and urban development be carried out in a manner to further housing opportunities throughout the United States.

Executive Order 12372: This Executive Order is a special contract condition prohibiting the use of funds for planning or construction of water or sewer facilities until receipt of written notification from HUD.

Grantee: Each entitlement community, or grantee, administers its local CDBG program in accordance with program requirements.

Household: All the persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any groups of related or unrelated persons who share living arrangements.

Income: Adjusted gross income as defined by the IRS Form 1040.

Limited Clientele: Persons (or groups of persons) who are presumed to be principally LMI, according to HUD. These include: abused children, battered spouses, elderly persons (age 62 and over), adults meeting the Bureau of the Census’ definition of severely disabled, homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers.

Low and Moderate Income: Low and moderate income (LMI) means family or household annual income less than the Section 8 Low Income Limit, generally 80% of the area median income, as established by HUD.

Low-Income Household/Family: A household/family having an income equal to or less than the Section 8 Very Low-Income limit (50% of the area median income) as established by HUD.

Moderate-Income Household/Family: A household/family having an income equal to or less than the Section 8 Low Income limit (80% of area median income) established by HUD, but greater than the Section 8 Very Low-Income Limit (50% of area median income) established by HUD.

Public Services Grant: General Funds made available by the Seaside City Council to grant to local non-profit organizations that provide direct social and human services to low- and moderate-income City residents.

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8 Restoration Act of 1987: This Act restores the broad scope of coverage and clarifies the application of the Civil Rights Act of 1964. It also specifies that an institution which receives Federal financial assistance is prohibited from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in a program or activity which does not directly benefit from such assistance.

Section 109 of Title 1 of the Housing and Community Development Act of 1974: This section of Title 1 provides that no person shall be excluded from participation (including employment), denied program benefits, or subject to discrimination on the basis of race, color, national origin, or sex under any program or activity funded in whole or in part under Title I of the Act.

Section 3 of the Housing and Urban Development Act of 1968, as amended: Requires the provision of opportunities for training and employment that arise through HUD-financed projects to lower-income residents of the project area, to the greatest extent feasible and consistent with Federal, State and local laws and regulations. Also required is that contracts be awarded to businesses that provide economic opportunities for low- and very low-income persons residing in the area.

Amendments to Section 3 in 1992 included requirements for providing these opportunities in contracts for housing rehabilitation, including lead-based paint abatement, and other construction contracts.

Section 109 of Title I of the Housing and Community Development Act of 1974: Requires that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded with CDBG funds on the basis of race, color, religion, national origin, or sex.

Section 504 of the Rehabilitation Act of 1973: It is unlawful to discriminate based on disability in federally assisted programs. This section provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funding assistance. Section 504 also contains design and construction accessibility provisions for multi-family dwellings developed or substantially rehabilitated for first occupancy on or after March 13, 1991.

Subrecipient: An entity that assists the grantee to implement and administer its program. Sub recipients are generally nonprofit organizations that assist the recipient to undertake one or more activities on behalf of the grantee, such as a home rehabilitation. Sub recipients are also referred to as sub grantees.

The Age Discrimination Act of 1975: This Act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination on the basis of age under any program or activity receiving Federal funding assistance. Effective January 1987, the age cap of 70 was deleted from the laws. Federal law preempts any State law currently in effect on the same topic including: KRS 18A.140; KRS 344.040; 101 KAR 1:350 Paragraph 11; 101 KAR 1:375 Paragraph 2(3); 101 KAR 2:095 Paragraphs 6 and 7.

The Americans with Disabilities Act of 1990 (ADA): This Act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against “a qualified individual with a disability” in employment and public accommodations. The ADA requires that an individual with a physical or mental impairment who is otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment. Kentucky adopted this Act in 1992 with the enrollment and passage of Senate Bill 210.

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9 The Equal Employment Opportunity Act: This Act empowers the Equal Employment Opportunity Commission (EEOC) to bring civil action in Federal court against private sector employers after the EEOC has investigated the charge, found “probable cause” of discrimination, and failed to obtain a conciliation agreement acceptable to the EEOC. It also brings Federal, State, and local governments under the Civil Rights Act of 1964.

The Fair Housing Amendment Act of 1988: This Act amended the original Fair Housing Act to provide for the protection of families with children and people with disabilities, strengthen punishment for acts of housing discrimination, expand of the Justice Department jurisdiction to bring suit on behalf of victims in Federal district courts, and create an exemption to the provisions barring discrimination on the basis of familial status for those housing developments that qualify as housing for persons age 55 or older.

The Housing for Older Persons Act of 1995 (HOPA): Retained the requirement that the housing must have one person who is 55 years of age or older living in at least 80 percent of its occupied units.

The Act also retained the requirement that housing facilities publish and follow policies and procedures that demonstrate intent to be housing for persons 55 and older.

The Immigration Reform and Control Act (IRCA) of 1986: Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9).

The Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal and referral. It is designed to assist employers, labor organizations, employment agencies, licensing and certification boards in complying with the requirements of Federal laws prohibiting discriminatory employment.

The Vietnam Era Veterans’ Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002):

This Act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War. Affirmative action is required in the hiring and promotion of veterans.

Title VI of the Civil Rights Act of 1964: This Act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination based on race, color, and/or national origin under any program or activity receiving Federal financial assistance.

Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act): This Act prohibits discrimination in housing on the basis of race, color, religion, sex and/or national origin. This law also requires actions which affirmatively promotes fair housing.

Area Benefit available to all the residents in a particular area, in which at least 51% of those residents are low/mod income persons.

Buildings for the general conduct of government - includes city halls, county administrative buildings, State capitol or office buildings or other facilities in which the legislative, judicial or general administrative affairs of the government are conducted. Such term does not include such facilities as neighborhood service centers or special purpose buildings located in low and moderate income areas that house various non-legislative functions or services provided by government at decentralized locations.

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10 CDBG funds - means Community Development Block Grant funds, including funds received in the form of grants under subpart D, F, or 570.405 of this part, funds awarded under section 108(q) of the Housing and Community Development Act of 1974, loans guaranteed under subpart M of this part, urban renewal surplus grant funds, and program income as defined in 570.500(a).

CPD – means the U.S. Department of Housing and Urban Development’s Office of Community Planning and Development.

Citizen Participation Plan - A plan that must be developed by all Participating Jurisdictions to describe and document efforts that will be undertaken to provide for and encourage citizens to participate in the development of the Consolidated Plan, any substantial amendments to the Consolidated Plan, the Annual Plan and the performance report.

City Departments – A City Department is any department or division of the City of Seaside with a specialized function and/or responsibility to the principal branch of the official business, duties, or functions of the City.

Commercial building - means any building other than a residential building, including any building constructed for industrial or public purposes
Community Development Advisory Committee (CDAC) - a five (5) member committee of Seaside citizens approved by the Seaside City Council who broadly represent the diversity of the community. Insofar as practical, the committee includes residents of low- and moderate--income areas. General duties of the Community Development Advisory Committee include: (1) Holding neighborhood-planning meetings to solicit community input and assess needs; (2) Assist in the assessment and determination of community needs at both citywide and neighborhood levels and in the development of realistic goals and objectives to meet these needs; (3) Assist in the evaluation and recommendation of proposals from community organizations requesting funding and assistance; (4) Assist in the development of specific project proposals for community development in the Consolidated Plan; (5) Assist in the development of goals for housing assistance by type and location and make recommendation to the City Council; (6) Assist in the monitoring of current program activities and the evaluation of past program performance; (7) Assist in the implementation of the CDBG program and any modifications as determined by community assessment and HUD program requirements.

Community Development Block Grant Program (CDBG) - A Federal program created under the Housing and Community Development Act of 1974. This program provides grants funds to local and State governments to be used to develop viable urban communities by providing decent housing with a suitable living environment and expanding economic opportunities to assist low- and moderate income residents.

City of Seaside Consolidated Plan - A document written by the local government through the IDIS software, as required by HUD. The plan describes the housing and non-housing needs of the lowand moderate-income residents, outlining strategies to meet the needs and listing all resources available to implement the strategies. This document is required to receive HUD Community Planning and Development funds.

Entitlement amount - means the amount of funds, which a metropolitan city is entitled to receive under the Entitlement grant program, as determined by formula set forth in Section 106 of the Act.

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11 Faith-Based and Religious Organizations - A faith-based / religious organization represents that it is, or may be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization.

General Public - means pertaining to, or affecting a population or a community as a whole.

Grantee - means the State or other local entity named in the notice of grant award as the recipient.

Governmental Entities (Other/Local) - A department, agency, special purpose district, or other instrumentality of a State or local government.

Integrated Disbursement and Information System (IDIS) - IDIS is the electronic draw down and reporting system for the CDBG Program.

Lease - means an agreement between the entity/applicant and property owner, giving rise to the relationship of lessor and lessee for the use of real property for a specified term of at least one year or longer under the conditions set forth in the lease document.

Limited Clientele a specific group of people (i.e., senior citizens or the homeless), at least 51% of who are low/mod income persons. Services qualifying under this category serve a specific clientele, rather than providing service to all the persons in a geographic area.

Low Income – means a household whose income does not exceed eighty percent (80%) of the median income for the area, as determined by HUD, with adjustments for smaller or larger families.

HUD may establish income ceilings higher or lower than eighty percent 80% of the median for the area median on the basis of HUD's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.

Low- and moderate-income household means a household having an income equal to or less than the Section 8 low-income limit established by HUD. Unrelated individuals will be considered as oneperson families for this purpose. Please refer to the current Income Limits attachment included in this document.

Low- and moderate-income person is defined as a member of a family having an income equal to or less than the Section 8 low-income limit established by the U.S. Department of Housing and Urban Development. Please refer to the current Income Limits attachment included in this document.

National Objectives - the aims, derived from national goals and interests, toward which a national policy or strategy is directed and the efforts and resources are applied.

Neighborhood Based Non-Profits - An organization is considered to be neighborhood based if the majority of either its membership, clientele, or governing body are residents of the neighborhood where activities assisted with CDBG funds are to be carried out.

Neighborhood Planning Meeting – The Seaside Community Development Advisory Committee (CDAC) will collaborate with residents, business people, and other community stake-holders to create the City of Seaside Annual Action Plan, as directed by the City Council and the City of Seaside FiveYear Consolidated Strategic Plan. The goal of this effort is to create a shared vision of the future development of the community and to set policies and guidelines to implement that vision.

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12 Nonprofit organization - means any nonprofit organization (including a State or locally chartered, nonprofit organization) that:

Is organized under State or local laws;
Has no part of its net earnings to the benefit of any member, founder, contributor, or individual; Has a functioning accounting system that is operated in accordance with generally accepted accounting principles, or has designated an entity that will maintain such an accounting system; and Has among its purposes significant activities related to providing services or housing to economically disadvantaged persons.

A non-profit organization must have its501(c)(3) or (4)IRS tax-exempt status at the time of submission of the Application for Funding.

Notice of Funds Availability (NOFA) – means an announcement of the availability of CDBG grant funding, awarded on a competitive basis, which is intended to make grant funds available to eligible entities who serve the citizens of Seaside for the purpose of enhancing the City’s ability in implementing a shared vision of community development for the community.

Person with disabilities - means a household composed of one or more persons, at least one of whom is an adult, who has a disability.

Property - means real property consisting of vacant land or buildings, or a portion thereof; one or more buildings on an undivided lot or on contiguous lots or parcels, which are commonly-owned and operated as one rental, cooperative, or condominium project.

Public building -means any building, which is open to the public during normal business hours.

Public Service Agencies - A public service agency is an association or corporation, duly organized to promote and undertake community development activities on a not for profit basis within a neighborhood or community.

Rehabilitation - means the labor, materials, tools, and other costs of improving buildings, other than minor or routine repairs.

Renovation - means rehabilitation that involves costs of 75 percent or less of the value of the building before rehabilitation with City of Seaside CDBG funds.

Residential building - means any building, which is constructed for residential occupancy.

Subrecipient - A public agency or nonprofit organization selected by a participating jurisdiction to administer a portion of the grantee’s CDBG funds.

Supportive Services - Services provided to citizens to facilitate independence. Examples include case management, medical or psychological counseling and supervision, childcare, transportation, and job training.

Total Development Cost - The sum of all costs for site acquisition, relocation, demolition, rehabilitation, construction and equipment, interest, and carrying charges.

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13 Transitional housing - means a project that has as its purpose facilitating the movement of homeless individuals and families to permanent housing within a reasonable amount of time (usually 24 months).

Transitional housing includes housing primarily designed to serve deinstitutionalized homeless individuals and other homeless individuals with mental or physical disabilities and homeless families with children.

UNIT is considered to be:
~PERSONS for Public Services Applications and Code Enforcement Applications ~ONE (1) for each Acquisition, Facility Improvement/Rehabilitation, Clearance/Demolition
~ONE (1) household for Housing Construction, Homeownership Assistance, Handicapped Accessibility
~ONE (1) for Economic Development LOAN-Commercial Rehab Urgent Need is part of an activity designed to alleviate existing conditions and the grantee certifies that those conditions are a serious and immediate threat to the health and welfare of the community, they are of recent origin or recently became urgent, the grantee is unable to finance the activity on its own and other sources of funds are not available
Value of the building - means the monetary value assigned to a building by an independent real estate appraiser, or as otherwise reasonably established by the grantee or the State recipient.

ROLES AND RESPONSIBILITIES
City Council: The Mayor and Councilmembers comprise the nonpartisan City Council, and are elected at large. Under the City Charter, City Council's duties include: approval of the City budget and financial oversight of the City. The City Council has the power to adopt ordinances and resolutions, make appointments to advisory boards, establish policy and approve programs, act on recommendations of City staff, appropriate funds, approve contracts, and respond to concerns and needs of residents.

The City Council reviews and adopts the City’s ConPlan, AI and AAP activities, and authorizes City staff to administer the programs.

City Manager: The City Manager reports directly to the City Council and provides for the management of all affairs of City government and services, as well as oversight and direction of all City departments. The City Manager is the City’s representative authorized to sign the necessary documents required by HUD.

Community Development Department (CDD) staff: The CDD staff are responsible for the dayto-day coordination and administration of the CDBG. The administrative policies for the City’s CDBG program are outlined in the CDBG Policies and Procedures, which can be found at www.ci.seaside.ca.us/CDBG.

Community Development Advisory Committee (CDAC): CDAC members are appointed by the Seaside City Council and serve in an advisory capacity to the City Council, City Manager, and CDD staff on policy issues related to HUD 's Consolidated Plan and the allocation of CDBG funds. The Packet Page 75
14 CDAC's charge includes advocating for low- and moderate-income Seaside residents for housing and community development needs and assuring resident input in determining the use of funds. The CDAC coordinates its efforts with neighborhood-based organizations to increase participation by low- and moderate-income households.

CDAC meetings are called as needed. CDAC meetings are noticed in accordance with the Brown Act and are open to the public. Additional information regarding CDAC can be found in the CDAC Membership Guide, which is available at www.ci.seaside.ca.us/CDBG.

Community Development Director/Economic Development and Community Planning Manager
- Provides departmental authorization on all CDBG budgets, contracts, and payments - Coordinates the development of all plans and all required federal financial reportsreports.

Submit SF-425 every quarter, no later than 30 calendar days after the last day of a calendar year quarter. Submit every quarter, regardless of whether expenses were included or not once the project has begun. All lines must be completed (enter 0.00 or N/A). If expenses have not yet been incurred during the life of the grant, report a zero cumulative total. If delinquent in prior period reporting, once the project has begun or at least one report has been submitted, submit delinquent report for each quarter. Instructions on how to fill out a SF-425:

DUE DATES
• FFRs are required to be submitted quarterly, semi-annually, or annually depending on the grant type and applicable program requirements.
• FFRs must be submitted to your respective GTR no later than 30 days after the end of the reporting period; (3/31, 6/30, 9/30, or 12/31). • Final FFRs must be submitted no later than 90 days after the Period of Performances end date. - Performs both short and long-range planning
- Directs the operational objectives ensuring administrative controls, policies and procedures to ensure efficiency of the CDBG program
- Reviews legislative proposals to evaluate impacts on CDBG programs, projects, and activities
- Assists with the development of the Annual Action Plan, CAPER, and Consolidated Plan - Exercises direct supervision over a group of operating divisions, including the Housing and Community Development Division
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15 - Oversees the forecasting, preparing, and administering of CDBG administrative and programmatic budgets and monitors and controls expenditures - Ensures objectives and goals are accomplished in accordance with Consolidated Plan priorities and CDBG timeliness requirements and other funding conditions - Review City and IDIS management reports for indications of performance issues - Approves draw vouchers in IDIS
- Manages the Consolidated Plan and Annual Action Plan processes, including the implementation of the Citizen Participation Plan and NOFA processes - Reviews internal and external Part 58 environmental reviews for accuracy and completeness; Life of an environmental review is 5 years from the start of the project or the new cycle of the consolidated plan, whichever occurs first. Environmental reviews are and forwardsforwarded to to the Certifying Officer following a determination of compliance - Oversees the implementation of the compliance monitoring policies and proceduresprocedures.

Community Development Administrative Analyst
- Serve as point person for setting up CDBG activities, funding, and entering accomplishment and other data into IDIS
- Coordinates with the CAO to prepare Subrecipient Agreements and provides the CAO with a scope of work, budget and other exhibits for the Subrecipient Agreement on assigned projects.
- Coordinate insurance review with Risk Management Division - After conducting an allowed cost review, provides initial authorization for all reimbursement payments on assigned projects and submits payment requests to Community Development Manager for review
- Conducts on-site monitoring and desk reviews on assigned projects - Receipts CDBG program income and other grant related receipts - Creates draw vouchers in IDIS
- Actively assists the Community Development Manager in reconciling Incode and IDIS - Responsible for the receipting of CDBG program income, grant accounting, and related accounting functions
- Provides audit and financial management services for CDBG - Manages and coordinates the business functions including CDBG financial management, contract administration, and grant analysis
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16 - Manages and coordinates CDBG grant accounting functions including personnel expenditure reports, collection and retention of certified full tour of duty timesheets by payroll period
- Reviews, corrects and forwards to the Community Development Manager subrecipient reimbursement requests (invoices) and IDIS draw packets with supporting documents - Coordinates activities with other City departments and with outside agencies and community groups and public officials to coordinate and implement the CDBG program - Monitors CDBG funded activities in accordance with the CDBG monitoring plan - Works with implementing departments to prepare the HUD Contracting and Subcontracting Report, the Davis Bacon Report and the Section 3 Report; submits reports to the Community Development Manager for review

OVERVIEW OF ALLOCATION OF CDBG PROGRAM FUNDS
Through a direct allocation from HUD, the City of Seaside annually receives Community Development Block Grant (CDBG) Program funds. With receipt of these funds and in keeping with the CDBG Program laws and regulations, the City of Seaside is allowed to allot its allocation in the following manner:
maximum of twenty percent (20%) of the annual allocation, including current year program income, for eligible and reasonable planning and administrative costs associated with the CDBG Program.
maximum of fifteen percent (15%) of the annual allocation, including prior year program income, may be reserved for public service activities undertaken by eligible entities. remaining funds are available for other, non-public service type, eligible activities to be undertaken by eligible entities.

The funding cycle is consistent with the state fiscal year – July through June therefore, preparation begins in the winter with final funding approval in the summer.

City of Seaside CDBG funds are allocated through a competitive process, with citizen participation, the cornerstone of the CDBG program, as outlined in the City’s Citizen Participation Plan.

A DETAILED PLAN FOR CITIZEN PARTICIPATION (SCPP)
A CDBG grantee must develop and follow a detailed plan, which provides for, and encourages, citizen participation and which emphasizes participation by persons of low, or moderate-income, particularly residents of predominantly low and moderate-income neighborhoods, slum or blighted areas, and areas in which the grantee proposes to use CDBG funds. The plan is referred to as the City of Seaside Citizen Participation Plan (SCPP).

The plan must:
provide citizens with reasonable and timely access to local meetings, information, and records related to the grantee's proposed and actual use of funds; Packet Page 78
17 provide for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance; provide for timely written answers to written complaints and grievances; and identify how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate.

The City of Seaside developed a Citizen Participation Plan (SCPP) that describes how the City will involve citizens in the planning, implementation and assessment of the use of its CDBG Program.

The City of Seaside’s most recent Citizen Participation Plan (SCPP) was developed by the City’s Resource Management Services Department under the guidance and requirements of 24 CFR Part

91.105 and complying with Section 104(a)(3) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(A)(3)) and was approved by the Seaside City Council on January 19 2012in December 2022. with updates as needed to adapt to adjustments to the program.

The City’s Citizen Participation Plan (CPP) that sets forth the City’s policies and procedures for citizen participation in the development of the Consolidated Plan and the other aforementioned HUDmandated documents. The citizen participation process outlined in this plan was developed in accordance with Federal regulations 24 CFR 91.105, and requires outreach, public hearings, community meetings, and opportunities for comment. The plan provides for citizen input and emphasizes participation by low- and moderate-income residents, particularly residents of predominantly low- and moderate-income neighborhoods, regional stakeholders and Continuums of Care, and residents of areas in which the City proposes to use CDBG funds. It also outlines the practicable procedures to handle complaints from residents regarding its Consolidated Plan and other HUD-mandated documents.The SCPP was developed to provide for and encourage citizen’s involvement, particularly those living in slum and blighted areas and in areas where CDBG funds are proposed to be used. Residents of predominately low-and moderate-income neighborhoods, are encouraged to participate in the development of the Consolidated Plan, any substantial amendments to the Consolidated Plan and the annual evaluation and performance report (CAPER). The SCPP also provides for appropriate actions to encourage the participation of all citizens, including minorities and non-English speaking persons, as well as persons with disabilities. Additionally, the SCPP provides for, in conjunction with the Monterey County Housing Authority, the participation of public and assisted housing development residents. Furthermore, the SCPP also establishes a reasonable opportunity for citizens to comment on changes to the Citizens Participation Plan and the Consolidated Plan and makes them available, on request, in a format accessible to persons with disabilities.

Annually, the City conducts Neighborhood Planning Meetings to receive input from citizens and community organizations regarding the annual allocation and expenditure of CDBG funds. Notices of the neighborhood planning meetings is published in the Monterey County Weekly and posted on public bulletin boards throughout the community. The meetings are conducted by the Seaside Community Development Advisory Committee and City of Seaside staff. The Neighborhood Planning Meetings are held at designated locations within the community to receive suggestions from citizens for projects/programs and to obtain the citizens views. Written and oral suggestions are accepted, presented, and discussed. General information is also provided at the meetings as either a form of brochures/handouts and or an audio/visual presentation with translation in Spanish or Packet Page 79
18 interpreted by a Spanish speaking person. All persons attending the meetings will be registered and minutes of the meetings will be recorded.

CDBG ALLOCATION PROCESS
The process begins with Neighborhood Planning Meetings, followed by the publication of a Notice of Funds Availability (NOFA) and requests for proposals for eligible activities from eligible entities. The process continues with presentation of proposed eligible activities (projects/programs) by eligible entities to the Community Development Advisory Committee (CDAC). CDAC prioritizes the proposals in accordance with the National Objectives and eligible activities that will benefit low- and moderate-income persons through Area Benefit, Limited Clientele, or by Urgent Need. CDAC prepares their recommendations and presents those priority proposals, through two Public Hearings, to the Seaside City Council. Upon Council approval, the proposed projects/programs/ activities are submitted to HUD for final approval, which is generally granted in the summer. City of Seaside Staff prepares and executes grant agreements and the approved proposals from eligible entities can begin their project/program/activity.

All proposals submitted for funding must:
be made by an eligible entity;
meet the criteria of an eligible activity;
meet one of the CDBG National Objectives;
comply with performance measurements;
comply with project timelines;
be consistent with the current City of Seaside Consolidated Plan; and be approved by City Council and HUD.

Each of the above requirements is outlined below.

CDBG APPLICTION PROCESS
The City uses City Data Services (CDS) (www.citydataservices.net) platform for CDBG grant management. CDS is used for receipt of applications, maintenance of key documentation, quarterly expense and activity reports tracking, quarterly reporting andsubmittals and accomplishment data collection.

The City shall reject incomplete applications or applications that are hand-delivered, mailed, faxed or e-mailed. Once submitted, applications may not be amended, unless the amendment has been requested by the City. Applicants must ensure all required documents in PDF format are uploaded to the City’s grants portal. After the application submittal deadline, City staff may request clarifying information to make sure the application is complete and accurate and meets federal eligibility requirements. Applications requiring changes will be returned to draft status for correction. No Applicant may appeal the Department’s evaluation of another Applicant’s application.

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19 EVALUATION PROCEDURES AND CRITERIA
City staff will determine which proposals are responsive to meeting NOFA’s documentation requirements. Please note that there will be no opportunity to submit missing documentation.

Incomplete proposals will be disqualified. The technical portions of responsive proposals will be scored on average, and ranked by a review panel consisting of City staff and Community Development Advisory Committee (CDAC) members. Applicants may be asked to participate in a conference call interview or site visit. The interview will not alter the selection criteria but will be used to clarify issues in the proposals. A minimum average score of 70 points is needed for grant award.

City staff will make grant award recommendations to the highest ranked proposals based on availability of CDBG public service funds. Partial grants will not be awarded. City staff will present a ranked list to CDAC to obtain their funding recommendation to City Council. CDAC is the City’s advisory board for CDBG public service and public facilities and infrastructure activities. CDAC has the authority to make formal recommendations to the City Council regarding project selection. During a public hearing, City staff will present the CDAC’s recommendation and the staff recommendation to City Council for grant approval.

The competitive selection evaluation criteria are as follows:

Criteria Maximum Points

1. Project Description and Activity Scope 20 pts

2. Service Benefit 30 pts

3. Outcome 10 pts

4. Administrative 20 pts

5. Budget and Cost Narrative 20 pts

6. Bonus: Priority Project 5 pts
Total 105 Points

1. Project Description and Activity Scope (20 Points)
 Project Eligibility (max 10 points)
a) New Program: Describe the project to be carried out with the requested grant, how it is organized, the program objectives, and location of where services will be provided. OR
b) Expand Existing Program: Describe the project as it is currently implemented, how it is organized, program objectives, how many unduplicated persons/household served in the past 12 months (include racial demographic percentage estimates), any program hardships you have experienced, and the location(s) of where services are Packet Page 81
20 provided. Lastly, describe how the program will be expanded to more persons and/or services.
 Program Approach (max 10 points)
Summarize the program approach from beginning to end, on a quarterly basis. Provide details of what a typical program week of activities would look like. Include social distancing/contactless measures that are planned.

2. Service Benefit (30 Points)
a) Describe the clients that will be targeted for the program (include racial demographic percentage estimates), and outreach efforts. Identify the unduplicated amount of clients to be served by the program for the year, and what is considered to be a received unit of service for a typical client.
b) Describe the program’s client intake process. Also, identify what client information is collected and maintained. Describe the program’s client tracking process (i.e. client visits, identification of new clients, and confirming unduplicated data). c) Cost per Accomplishment: The requested award amount divided by the # of unduplicated clients to be served for the program year = d) Identify the percentage (%) of low/moderate income persons to be served from the project by choosing one option below:
 100% for Persons Living in CDBG Census Tracts (LMC Nature & Location); or
 100% for Low/Moderate Income Clients (LMC Exclusive); or  100% for Presumed Groups; or
 At least 51% for Low/Moderate Income Clients (LMC)

3. Outcome (10 Points)
a) Provide a clear description of each outcome goal of the program. Support each outcome with qualitative and quantitative measurement methods.
b) Choose one of the CDBG outcomes (Availability/Accessibility, Affordability, or Sustainability), and describe how the program will work towards it.

4. Administrative Capacity (20 Points)
a) Summarize the organization’s background and staff experience with the proposed or similarly federally-funded project. The City will take into account any monitoring reports from previously CDBG-funded projects that the proposer received from the City in the last 5 years. Also explain whether the agency has sufficient funds to sustain the program for a minimum of three months until reimbursement of expenditures is Packet Page 82
21 received. Include in the Supporting Documentation section the agency’s reserve statement, which may include cash and/or credit reserves. b) Identify three (3) different staff persons by name, title and e-mail for the following:
 Primary contact (program oversight and submits quarterly reporting)  Financial Preparer (prepare financial reimbursement requests)  Agency Approver (approves submissions of financial reimbursement requests to the City
Also, identify what professional services the agency will contract out for the proposed project, if any, to be covered by CDBG.
c) Describe the financial system utilized by the agency, including details on how CDBG funds will be tracked separately from other funding sources as it pertains to personnel and non-personnel costs. In addition, describe the agency’s purchasing procedures (procurement).

5. Budget and Cost Narrative (20 Points)
a) Provide a detailed project budget identifying total activity cost for the use of proposed funding and all other leveraged funds. Identify what cost will be covered by CDBG and what will be covered by any leverage funds.
b) Provide commitment, award or pledge letter(s) for all leveraged funding for the proposed project.
c) Provide a budget narrative with a detailed explanation of each CDBG line item in the project budget. Include a job description for each personnel position as it pertains to the proposed project.

6. BONUS: Priority Project (5 Points)
Proposed projects that properly meet one of the top five priorities will receive 5 bonus points.

APPEALS
The City of Seaside has established the following appeals policies and process for the CDBG program.

Appeal Subjects and Jurisdiction
A. Director Decision. A determination or decision by the Director or department staff may be appealed to the CDAC.

B. CDAC Decision. A decision by the CDAC may be appealed to the Council.

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22 C. A decision by the Council, CDAC, Director may be submitted to the federal Department of Housing and Urban Development Office of Community Planning and Development (HUD) for review and comment.

Filing and Processing of Appeals
A. Eligibility
An appeal in compliance with this section may be filed by any aggrieved person; except that in the case of a decision that followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing.

B. Timing and Form of Appeal
An appeal shall be submitted in writing within seven calendar days of the date of the decision. The appeal shall state the pertinent facts and the basis for the appeal. Appeals addressed to the CDAC shall be filed with the department; appeals addressed to the Council shall be filed with the City Clerk.

Matters addressed to HUD shall be filed with the HUD San Francisco Field Office:

Maria Cremer, Director
Community Planning and Development Division
U.S. Department of Housing and Urban Development
San Francisco Regional Office – Region IX
One Sansome Street-Suite 1200
San Francisco, CA 94104-4430
C. Report and Scheduling of Hearing
When an appeal has been filed with the City, the director shall prepare a report on the matter, and schedule the matter for a public hearing by the appropriate review authority identified above. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter

17.68 of the Municipal Code (Public Hearings). Any interested party may appear and be heard regarding the appeal.

D. Decision
At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal ("de novo"), in addition to the specific grounds for the appeal. The review authority may:
1) Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal; or
2) Disapprove the action approved by the previous review authority.

In the event of a tie vote by the appeal body, the decision being appealed shall stand.

If new or different evidence is presented on appeal, the CDAC or Council may refer the matter to the previous review authority (i.e., director, or CDAC, as applicable), for further consideration.

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23 The appeal body shall render its decision on the appeal within thirty days of the initial public hearing, unless the matter is continued for good cause.

Should HUD respond, HUD’s opinion and any direction will be considered by the appropriate review body.

E. Effective Date of Appeal Decision
1) CDAC Decision. A decision by the CDAC is effective seven days after the date of the decision when no appeal of the decision has been filed with the Council. 2) Council Decision. A decision by the Council is final and shall be effective on the date of the decision.
3) HUD Decision. Should HUD respond and provide an opinion, the effective date shall be the date of the letter from HUD.

ELIGIBLE ENTITIES
Eligible entities of the City of Seaside Community Development Block Grant Funds (CDBG) are those entities that qualify according to 24 CFR 570.500(C).

Eligible entities include:

Faith-Based and Religious Organizations - A faith-based / religious organization represents that it is, or may be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization.

Other (local) Governmental Entities - A department, agency, special purpose district, or other instrumentality of a State or local government.
*A non-profit organization must have its501(c)(3) or (4)IRS tax-exempt status and in good standing with the State of California, at the time of submission of the Application for Funding.

NATIONAL OBJECTIVES – A PROGRAM PRIORITY
HUD awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Entitlement communities develop their own Packet Page 85
24 programs and funding priorities through the citizen participation process. However, grantees must give maximum feasible priority to activities, in which the beneficiaries are low- and moderateincome persons. A grantee may also carry out activities, which aid in the prevention or elimination of slums or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs (Example: public services provided to deal with major catastrophes or emergencies such as floods and earthquakes.).

To be considered for CDBG funding from the City of Seaside, a project/program must meet one (1) of the three (3) National Objectives:
benefit low and moderate (L/M) income persons; or
aid in the prevention or elimination of slums or blight; or meet other community development needs that the Seaside City Council has established as having a particular urgency because existing conditions pose a serious immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs.

CDBG funds may not be used for activities that do not meet one of these broad national objectives.

ELIGIBLE ACTIVITIES
Each year, not less than 70 percent of CDBG funds must be used for activities that benefit low- and moderate-income persons. In addition, each activity must be conducted within the corporate city limits of Seaside, serve the citizens of Seaside, and meet one of the National Objectives for the CDBG program.

Eligible activities include, but are not limited to:
acquisition of real property;
relocation and demolition;
rehabilitation of residential and non-residential structures; construction, development, or improvement of public facilities and/or facility improvements, such as water and sewer facilities, streets, neighborhood centers, and the conversion of school buildings for eligible purposes;
public and human services that are a new service; or an existing service that will deliver a quantifiable increase in the level of service that has been provided by the agency during the past year. The “quantifiable” increase will equate to a 15% increase in people/households assisted; activities relating to energy conservation and renewable energy resources; provision of assistance to profit-motivated businesses to carry out economic development and job creation/retention activities;
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25 preservation and expansion of the stock of decent, safe and affordable housing to the low and moderate income populations; and
economic development activities to increase the economic viability of low and moderate income neighborhoods and expand the opportunities for low and moderate income persons to obtain and retain meaningful employment.

CDBG funds can also be used by the grantee or other public or private non-profit entity for the acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements, except for buildings for the general conduct of government, provided the improvements meet a national objective of the CDBG program. Reference 24 CFR 570.201(C)

PROJECT TIME LINESTIMELINES
Communities that receive entitlement funds from the CDBG program are required to use their funds in a timely manner. HUD will consider an entitlement community to be failing to carry out its CDBG activities in a timely manner if, the amount of entitlement grant funds available but not disbursed by the U.S. Treasury is more than 1.5 times the entitlement grant for its current program year. Reference 24 CFR § 570.902 (a) The City of Seaside will be assessed in March and April of each program year.

Therefore, the City of Seaside has established a specific length of time for completion of each activity in order to avoid forfeiture of the CDBG funding from HUD.

The following represents the maximum time line allowed for each type of project/program/activity:

MUST be completed within
the fiscal year funded
(July 1 to June 30)
MUST be completed
within 18 months
beginning the first day of
the fiscal year funded with
completion not later than
18 months after initial
funding.

MUST begin no later than
three (3) months from the
first day of the fiscal year
funded (October 1), with full
project completion within 18
months after initial funding.
● Acquisition of Real Property
● Clearance, Relocation, and
Demolition
● Public Services
● Code Enforcement
(Administration)
● Homeownership Assistance
● Public Facilities and or
Facility Improvements
● RehabilitationResidential,
Commercial/
Industrial, and Other
● Construction of
Housing
● Handicap Accessibility/
Architectural Barrier
Removal
● Economic Development
and Special Economic
Development
● Special Activities by
CBDO’s
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26 PUBLIC SERVICES
Under this category, CDBG funds may be used to provide public services (including labor, supplies, materials and other costs),
Public service activities include, but are not limited to the following:
child care
health care
job training (including training a qualified pool of candidates for unspecified jobs [see Special Economic Development Activities and Special Activities by CBDOs categories] recreation programs
education programs
public safety services
fair housing activities (but see Program Administration category), services for senior citizens
services for homeless persons
drug abuse counseling and treatment
energy conservation counseling and testing
homebuyer down payment assistance
welfare (but excluding provision of income payments described at §570.207(b)(4)). cost of operating and maintaining that portion of a facility in which the service is located is also considered to fall under the basic eligibility category of Public Services, even if such costs are the only contributions made by CDBG for those services
Purchase or lease of personal property for a public service - The purchase or lease of furnishings, equipment, or other personal property needed for an eligible public service may be paid for with CDBG funds. Reference: §570.207(b)(1)(iii)
The following Public services are not eligible under this category:
● Energy
Conservation/Renewable
Energy Resources
● Micro-Enterprise
Assistance
● Preservation/Expansion
of affordable housing
(reconstruction)
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27 political activities; Reference §570.207(a)(3)
ongoing grants or non-emergency payments (defined as more than 3 consecutive months) to individuals for their food, clothing, rent, utilities, or other income payments. Reference §570.207(b)(4)
The public service being proposed must be:
a new service; or
a continued service being provided by a currently funded non-profit organization; or a quantifiable increase in the level of a service above that which has been provided, by or on behalf of the unit of general local government through funds raised by such unit or received by such unit from the State in which it is located, during the 12 months prior to submission of the grantee’s applicable Action Plan. (This requirement is intended to prevent the substitution of CDBG funds for recent support of public services by the grantee using local or State government funds.) The “quantifiable” increase will equate to a 15% increase in people/households assisted. o An exception to this limitation may be granted by HUD if it is determined that the level of service from the previous period has decreased for reasons beyond the unit of local government’s control. Reference: §570.201(e) The amount of CDBG funds obligated within a program year to support public service activities under this category may not exceed 15% of the total grant awarded to the grantee for that year. (Calculation = Current Entitlement + Prior Year Program Income X 15%) PROJECT TIME LINE: Public Services activities MUST be completed within the fiscal year funded.

Public service activities may qualify as meeting a national objective in any of the ways shown in the chart below.

NATIONAL OBJECTIVES for PUBLIC SERVICES

OBJECTIVE QUALIFIES IF EXAMPLE

L/M INCOME

AREA BENEFIT
The public service is available to all the residents in a particular primarily residential area, and at least 51% of those residents (or less if the exception criteria are
applicable) are L/M income persons.

Increased police and fire protection services in a
predominantly L/M income neighborhood.

L/M INCOME

LIMITED

CLIENTELE
The public service is limited to a specific group of
people, at least 51% of whom are L/M income
persons. Services qualifying under this category serve a specific clientele, rather than providing service to all the persons in a geographic area.

Provision of meals to the homeless.
(Most public services qualify under this
category.)

L/M INCOME

HOUSING NOT APPLICABLE NOT APPLICABLE
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28 L/M INCOME

JOBS NOT APPLICABLE NOT APPLICABLE
SLUM or

BLIGHTED AREA
The public service is provided within a designated slum or blighted area, and is designed to address one or more
conditions which contributed to the deterioration of the area.

Provision of crime prevention counseling to
residents of a designated slum/blight area.

SPOT BLIGHT NOT APPLICABLE NOT APPLICABLE

URGENT NEEDS
The public service is designed to alleviate existing
conditions that pose a serious and immediate threat to the health or welfare of the community, they are of recent
origin or recently became urgent, and the grantee is unable to find other available funds to support the activity.

Additional police protection to prevent looting in an
area damaged by a tornado

ACQUISITION OF REAL PROPERTY
Entities submitting a proposal requesting acquisition of a property, in whole or in part by purchase, long-term lease, donation, or otherwise, must obtain a permanent interest in the property. A longterm lease is considered to constitute a permanent interest for this purpose if, the lease is for a period of fifteen years or more. The National Objective for an acquisition activity is determined entirely on the use of the acquired real property following its acquisition.

The statute and regulations authorize the use of CDBG funds by a grantee or a public or private nonprofit entity to acquire real property in whole or in part by purchase, long-term lease, donation, or otherwise. In order to be considered acquisition, a permanent interest in the property must be obtained. Long-term leases are considered to constitute a permanent interest for this purpose if the lease is for a period of 15 years or more.

More specifically, CDBG funds may be used under this category by:

The grantee (City of Seaside), any other public agency, a public nonprofit entity, or a private nonprofit entity to acquire real property for any public purpose. This precludes the acquisition cost attributable to a building that will be used for the general conduct of government and the acquisition of property to be used for political activities. Reference: §570.207(a)(1); §570.207(a)(3); §570.201(a) Real property to be acquired may be:
land
air rights
easements
water rights
rights-of-way
buildings
other real property improvements
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29 other interests in the real property
Costs that may be paid for with CDBG funds under this category include the cost of surveys to identify the property to be acquired, appraisals, the preparation of legal documents, recordation fees, and other costs that are necessary to effect the acquisition.

Real property acquisition under this category does not include: The costs of moveable equipment, furnishings, or machinery if this is the principal purpose of the activity, since such items are not real property.

Under certain circumstances, CDBG funds may be provided to private individuals and private forprofit entities to acquire property to be rehabilitated, if the property is then rehabilitated and used or sold for residential purposes. Reference: §570.202(b)(1) Private non-profit entities may use CDBG funds to acquire real property for commercial or industrial uses, and private for-profit entities may also do so when appropriate for an economic development project. References: §570.203(a) and (b)
If property acquired with CDBG funds, or any interest therein, is subsequently transferred to another entity, the property or interest must be sold to the entity at the current fair market value unless the property will be used for an activity, which meets a CDBG national objective. Sale proceeds would be considered program income and shall be returned to the City of Seaside.

The purchase of real property by the grantee or other entities under this eligibility category is subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Among other things, this could mean that persons displaced as a result of the acquisition must be provided with financial assistance. Temporary easements, acquisition from another public agency, and voluntary offers in response to a public solicitation are exempt from Uniform Act requirements. Reference: §570.606.

PROJECT TIME LINE: Acquisition of Real Property activities must be completed within the fiscal year funded.

Acquisition of real property may qualify as meeting a national objective in any of the ways shown in the chart below.

NATIONAL OBJECTIVES for ACQUISITION OF REAL PROPERTY

OBJECTIVE QUALIFIES IF EXAMPLE

L/M INCOME

AREA BENEFIT
The property will be used for an activity the benefits of which are available to all the residents in a particular area that is primarily residential, and at least 51% of those residents (or fewer if the exception criteria apply) are L/M income persons.

Purchasing land to be used as a park serving a
primarily residential neighborhood that is
predominantly L/M income.

L/M INCOME

LIMITED

CLIENTELE
The property will be used for an activity the benefits of which will be limited to a specific group of people, at least 51% of whom are L/M income persons.

Buying a building to be converted into a shelter for
the homeless.

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30 L/M INCOME
HOUSING The property will be used for housing to be occupied by L/M income persons.

Buying an apartment house to provide dwelling
units to L/M income households at affordable
rents, where at least 51% of the units will be
occupied by L/M income households.

L/M INCOME
JOBS
The property acquired is to be used for an economic
development project that will create or retain permanent jobs at least 51% of which will benefit L/M income
persons.

Acquiring vacant property that is planned to be used
for a commercial purpose, and will be made
available for that purpose only if the business
commits to provide at least 51% of the new
permanent jobs that will be created to L/M income
persons.

SLUM or

BLIGHTED AREA
The acquired property is in an area designated by the
grantee as a slum or blighted area, and the property will be used in a manner, which addresses one or more of the
conditions, which contributed to the deterioration of the area.

Using CDBG funds to acquire several deteriorated
buildings located in a slum/blight area for
rehabilitation or
demolition.

SPOT BLIGHT
The acquisition of property is located outside a designated slum/blight area and the acquisition is a prerequisite for clearance, which will eliminate specific conditions of
blight or physical decay on a spot basis.

The acquisition of a dilapidated property being used
as a “crack house” for the purpose of eliminating
that use, which is detrimental to public health and
safety, through demolition and clearance.

URGENT NEEDS
The acquisition is part of an activity designated to alleviate existing conditions and the grantee certifies that those conditions are a serious and immediate threat to the health or welfare of the community, they are of recent origin or recently became urgent, the grantee is unable to finance the activity on its own, and other sources of funds are not available.

Acquisition of property located in a flood plain
which was severely damaged by a recent flood.

PUBLIC FACILITIES AND IMPROVEMENTS
CDBG funds may be used by the grantee or other public or private nonprofit entities for the following activities:
acquisition (including long term leases for periods of 15 years or more) construction
reconstruction
rehabilitation (including removal of architectural barriers to accessibility) installation of public improvements or facilities (except for buildings for the general conduct of government - reference: §570.201(c))
The regulations define the terms “public facilities” or public improvements.” However, in the CDBG program, these terms are broadly interpreted to include all improvements and facilities that are either publicly owned or that are traditionally provided by the government, or owned by a nonprofit, and operated so as to be open to the general public. This would include neighborhood facilities, firehouses, public schools, and libraries.

The regulations specify that facilities that are designed for use in providing shelter for persons having special needs are considered to be public facilities (and not permanent housing), and thus are covered under this category of basic eligibility.

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31 Such shelters would include, but not limited to, the following:
nursing homes
convalescent homes
hospitals
shelters for victims of domestic violence
shelters and transitional facilities/housing for the homeless halfway houses for run-away children
drug offenders or parolees
group homes for the developmentally disabled
shelters for disaster victims.

Public improvements include:
streets,
sidewalks,
curbs and gutters,
parks,
playgrounds,
water and sewer lines,
flood and drainage improvements,
parking lots,
utility lines, and
aesthetic amenities on public property such as trees, sculptures, pools of water and fountains, and other works of art.

In the CDBG program, site improvements of any kind that are made to property that is in public ownership are considered to be a “public improvement” eligible for assistance under this category.

New housing constructed on the property directly assisted with CDBG funds would not be eligible under program rules.

Public facilities and improvements not eligible under this category include:
costs of operating or maintaining public facilities/improvements; Packet Page 93
32 costs of purchasing construction equipment;
costs of furnishings and other personal items such as uniforms; or new construction of public housing. Reference §570.207(b)(2), §570.207(b)(1)(i), §570.207(b)(1)(iii), §570.207(b)(3)
PROJECT TIME LINE: Public Facilities and Improvements activities MUST be completed within 18 months beginning the first day of the fiscal year funded with completion not later than 18 months after initial funding.

Public Facilities and Improvements may qualify as meeting a national objective in any of the ways shown in the chart below.

NATIONAL OBJECTIVES for PUBLIC FACILITIES and IMPROVEMENTS

OBJECTIVE QUALIFIES IF EXAMPLE

L/M INCOME

AREA BENEFIT
The public facility or improvement will be used for a
purpose the benefits of which are available to all the
residents in a particular area that is primarily residential, and at least 51% of those residents (or less if grantee qualifies to use the exception rule) are L/M income
persons.

Paving of gravel streets and the installation of curbs, gutters, and sidewalks in a predominantly L/M
income neighborhood.

L/M INCOME

LIMITED

CLIENTELE
The public facility or improvement will be used for an
activity designed to benefit a particular group of persons at least 51% of whom are L/M income persons.

Rehabilitation of a building to be used as a center
for training severely disabled persons to enable them
to live independently.

L/M INCOME
HOUSING The public facility or improvement exclusively assists in the provision of housing to be occupied by L/M income
persons.

Site improvements on publicly-owned land to serve
a new apartment structure to be rented to L/M
income households at affordable rents.

L/M INCOME
JOBS
The provision of a particular public improvement needed by one or more businesses to allow creation or retention of jobs, primarily for L/M income persons.*
Rebuilding a public road adjacent to a factory to
allow larger and heavier trucks access to the facility, determined to be necessary for plant expansion and
the creation of new jobs, where the business agrees
to fill 51% of the jobs with L/M income persons.†
SLUM or

BLIGHTED AREA
The public facilities and improvements are located in a designated slum or blighted area and are designed to
address one or more conditions, which contributed to the deterioration of the area.

Reconstruction of a deteriorated public park located
in an area designated by the grantee as slum or
blighted pursuant to CDBG rules.

SPOT BLIGHT
The public facilities or improvements are for the historic preservation or rehabilitation of blighted or decayed
public facilities/improvements located outside of a
designated slum or blighted area. Rehabilitation must be limited to the extent necessary to eliminate specific
conditions detrimental to public health and safety.

Rehabilitation/restoration of a severely deteriorated
building of historic significance that is being used as a museum that is located outside a designated slum
or blighted area (and does not serve a L/M income
area).

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33 URGENT NEEDS
The acquisition, construction, or reconstruction of a
public facility or improvement designed to alleviate
existing conditions and the grantee certifies that those conditions are a serious and immediate threat to the
health or welfare of the community, the conditions are of recent origin, and there is no other known source of funds it can use to implement the activity.

Reconstruction of a publicly-owned hospital that
was severely damaged by a tornado.
† In certain cases, the area served by a public improvement that enables a business to create or retain jobs may also include other properties (e.g., bringing new water or sewer service to a fringe area of a community that will not only help a business to locate there but that also will bring that new water/sewer service to houses that are located in that area). When, overall, the properties served by the public improvement are primarily residential, the benefits to the residents must also be considered. Therefore, the assisted public improvement in such a case must not only meet the L/M Income Benefit based on the Jobs criteria but must also meet the Area Benefit criteria Reference: §570.208(d)(3)
 A facility owned by a nonprofit entity may qualify for assistance only if the facility is made available to the general-public. A facility must be open for use by the general-public during all normal hours of operation.
 Fees charged by the entity shall not be excessive or cause an effect that precludes low-and moderate- income persons from using the facilities assisted with CDBG funding.

CLEARANCE/DEMOLITION
Under this category, CDBG funds may be used for: demolition of buildings and improvements; removal of demolition products (rubble) and other debris; physical removal of environmental contaminants or treatment of such contaminants to render them harmless; and movement of structures to other sites. Reference: §570.201(d)
Where activities under this category are integral to the construction of a building or improvement on the cleared property, and where such construction is also to be assisted with CDBG funds, the clearance activities may be treated as a part of the construction costs and need not be qualified separately under the program.

PROJECT TIME LINE: Clearance/Demolition activities must be completed within the fiscal year funded.

Clearance/Demolition activities may qualify as meeting a national objective in any of the ways shown in the chart below.

NATIONAL OBJECTIVES for CLEARANCE

OBJECTIVE QUALIFIES IF EXAMPLE

L/M INCOME

AREA BENEFIT
The cleared property will be used for a purpose, the
benefits of which are available to all the residents in a particular area, and at least 51% of those residents (or less if the exception criteria are applicable) are L/M income persons.

Demolishing a vacant structure and removing the
debris to make a neighborhood park and
playground serving a predominantly residential L/M
income neighborhood.

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34 L/M INCOME

LIMITED

CLIENTELE
The cleared property will be used for an activity the
benefits of which are limited to a specific group of people, at least 51% of whom are L/M income persons.

Demolishing a dilapidated structure from the site
on which a neighborhood center will be built, the
use of which will be limited to the elderly.

L/M INCOME

HOUSING
The cleared property will be used for providing housing to be occupied by L/M income persons. Rental units for
L/M income persons must be occupied at affordable
rents.

Demolishing an abandoned warehouse to make
room for new apartments, where at least 51% of the
units will be occupied by L/M income households
at affordable rents.

L/M INCOME
JOBS
The clearance is part of an activity that will create or retain permanent jobs, at least 51% of which are for L/M income persons.

Using CDBG funds to clear a site on which a new
business will locate and agrees that at least 51% of
the jobs to be created will be for L/M income
persons.

SLUM or

BLIGHTED AREA
The clearance activities are in a designated slum or
blighted area and are designed to address one or more
conditions, which contributed to the deterioration of the area.

Using CDBG funds to demolish one or more
deteriorated buildings located in a designated
slum or blighted area.

SPOT BLIGHT
The clearance activity is undertaken to eliminate specific conditions of blight or physical decay on a spot basis not located in a designated slum or blighted area.

Demolition of an abandoned and deteriorated
structure located in an area that is not designated
as a slum or blighted area.

URGENT NEEDS
The clearance is part of an activity designed to alleviate existing conditions and the grantee certifies that those conditions are a serious and immediate threat to the
health or welfare of the community, they are of recent
origin or recently became urgent, the grantee is unable to finance the activity on its own, and other sources of funds are not available.

Clearance of a building that was destroyed by a
major earthquake and that constitutes a safety
hazard to the community.

REHABILITATION
CDBG funds may be used to finance the costs of rehabilitation as shown below.

Eligible types of property
Residential—Residential property, whether privately or publicly owned. This includes manufactured housing when such housing constitutes part of the community’s housing stock.

Commercial/industrial—Commercial or industrial property. When owned by a for-profit, rehabilitation is limited to exterior improvements of the building and the correction of code violations. (Further improvements for such buildings may qualify under the category of Special Economic Development Activities.)
Other—Nonprofit-owned, nonresidential buildings and improvements that are not considered to be public facilities or improvements under §570.201(c) of the CDBG program regulations.

Note: Additions to existing buildings may be assisted under this category when they are incidental to the rehabilitation of the property, and may be provided as a part of other rehabilitation if the addition does not materially increase the size or function of the building.

Eligible types of assistance
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35 Costs—Costs of labor, materials, supplies and other expenses required for the rehabilitation of property, including repair or replacement of principal fixtures and components of existing structures (e.g., the heating system)‡.

Financing—Grants, loans, loan guarantees, interest supplements and other forms of financial assistance may be provided under this category. (A grantee may make a “lump sum draw down” for the purpose of financing rehabilitation of privately-owned properties. See §570.513 for details.) Refinancing—Loans for refinancing existing indebtedness secured by a property being rehabilitated with CDBG funds, if such refinancing is determined by the grantee to be necessary or appropriate to achieve its community development objectives.

Property acquisition—Assistance to private individuals and entities (whether profit or not-forprofit) to acquire for the purpose of rehabilitation and to rehabilitate properties for use or resale for residential purposes.

Security devices—Installation costs of sprinkler systems, smoke detectors and dead bolt locks, and other devices for security purposes.

Insurance—The costs of initial homeowner warranty premiums and, where needed to protect the grantee’s interest in properties securing a rehabilitation loan, hazard insurance premiums as well as flood insurance premiums for properties covered by the Flood Disaster Protection Act of 1973, as amended, pursuant to §570.605.

Conservation—Costs required to increase the efficient use of water (e.g., water saving faucets and shower heads) and improvements to increase the efficient use of energy in structures through such means as installation of storm windows and doors, insulation, and modification or replacement of heating and cooling equipment.

Water and sewer—Costs of connecting existing residential structures to water distribution lines or local sewer collection lines.

Tools—Costs of acquiring tools to be lent to owners, tenants and others who will use the tools to carry out rehabilitation.

Barrier removal—Costs to remove material and architectural barriers that restrict the mobility and accessibility of elderly and severely disabled persons to buildings and improvements that are eligible for rehabilitation under this category.

Landscaping, sidewalks, and driveways—The costs of installation or replacement of landscape materials, sidewalks, and driveways when incidental to other rehabilitation of the property.

Renovation of closed buildings—The conversion of a closed building from one use to another (e.g., the renovation of a closed school building to residential use).

Historic preservation—This category also authorizes the costs of preserving or restoring properties of historic significance, whether privately- or publicly-owned, except that buildings for the general conduct of government may not be restored or preserved with CDBG assistance.

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36 Historic properties are those sites or structures that are either listed in or eligible to be listed in the National Register of Historic Places, listed in a State or local inventory of historic places, or designated as a State or local landmark or historic district by appropriate law or ordinance.

Lead-based paint hazard evaluation and reduction—The costs of evaluating and treating leadbased paint may be undertaken under this category whether alone or in conjunction with other rehabilitation.

Rehabilitation services—Staff costs and related expenses required for outreach efforts for marketing the program, rehabilitation counseling, screening potential applicant households and structures, energy auditing, preparing work specifications, loan underwriting and processing, inspections, and other services related to assisting owners, tenants, contractors, and other entities who are participating or seeking to participate in rehabilitation activities eligible under this category; under the Section 312 of the Housing Act of 1964, as amended; under Section 810 of the Act; or under Section 17 of the United States Housing Act of 1937.

Rehabilitation does not include: Creation of a secondary housing unit attached to a primary unit; Installation of luxury items, such as a swimming pool; Costs of equipment, furnishings, or other personal property not an integral structural fixture, such as: a window air conditioner; or a washer or dryer (but a stove or refrigerator is allowed); or Labor costs for homeowners to rehabilitate their own property.
‡Complying with National Objectives - Section 105(c)(3) of the authorizing statute, the Housing and Community Development Act of 1974, requires that, in order for an activity that involves the acquisition or improvement of property for housing to qualify as benefiting L/M income persons, the housing must be occupied by such persons. Even though a particular housing activity may provide a clear benefit to an area containing predominantly L/M Income residents, it cannot qualify on that basis. Instead, the housing must be occupied by L/M Income households.

PROJECT TIME LINE: Rehabilitation activities MUST be completed within 18 months beginning first day of the fiscal year funded with completion not later than 18 months after initial funding.

Rehabilitation activities may qualify as meeting a national objective in any of the ways shown in the chart below.

NATIONAL OBJECTIVES for REHABILITATION

OBJECTIVE QUALIFIES IF EXAMPLE

L/M INCOME

AREA BENEFIT
Rehabilitation of a building to be used for a purpose that will benefit all the residents of a qualifying L/M income primarily residential area.

Facade improvements to a commercial structure
serving a predominantly L/M income primarily
residential area.

L/M INCOME

LIMITED

CLIENTELE

NOT APPLICABLE NOT APPLICABLE
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37 L/M INCOME

HOUSING
Rehabilitation of housing to be occupied by L/M income
persons. Rental units must be occupied at affordable
rents.

Conversion of an abandoned warehouse into rental
housing for L/M income households at affordable
rents. Also improvements to a single family
residence used as a place of business provided the
improvements generally benefit the unit’s residential
occupants.

L/M INCOME
JOBS
Rehabilitation of nonresidential property that will create or retain jobs for L/M income persons.

Correction of code violations that will enable a
business to survive and retain jobs the majority of
which are held by L/M income persons.

SLUM or

BLIGHTED AREA
Rehabilitation of residential structures located in a
designated slum or blighted area; the structure to be
rehabilitated is considered substandard under local
definition before rehabilitation, and all deficiencies making the structure substandard are corrected before less critical work is undertaken. Reference: §570.208(b)(1)(iv)
Rehabilitation of substandard housing located in a
designated blighted area and where the housing is
expected to be brought to standard condition and
sold to non-L/M income households.

SPOT BLIGHT
Rehabilitation of a structure located outside a designated slum or blighted area, where the rehabilitation is limited to the extent necessary to eliminate specific conditions of blight or decay that are detrimental to public health and safety. Rehabilitation of the deteriorated exterior of an abandoned building located in an area that has not been designated as slum or blighted and where the
rehabilitation is limited to removal of the exterior blight.

Rehabilitation of plumbing in a building located in
an area that has not been designated as slum or
blighted and where rehabilitation is limited to
corrections of code violators that are detrimental to
public health and safety.

URGENT NEEDS
The rehabilitation is part of an activity designed to
alleviate existing conditions for which the grantee certifies are a serious and immediate threat to the health or welfare of the community, the conditions are of recent origin or recently became urgent, the grantee is unable to finance the activity on its own, and other sources of funds are not available.

Rehabilitation of housing that has been badly
damaged by an earthquake.
 Entities submitting a proposal requesting rehabilitation to real property must own the property or have a long-term lease of at least fifteen years, provide proof of ownership or lease at the time the proposal is submitted, and the property must be located within the corporate city limits of Seaside. If the facility to be rehabilitated is a commercial property, an Asbestos survey must be performed. If Asbestos is present, the hazard must be abated and a clearance test must be conducted, conclude with the asbestos hazard being removed before any building permits can be issued. If the facility to be rehabilitated is to be used for housing and the facility was constructed prior to 1978, the facility must be tested for lead-based paint by a State Certified Lead Paint Inspector. If the facility is confirmed to contain lead hazards exceeding acceptable levels, the lead must be abated and a clearance test must be conducted and conclude with the lead hazard being removed. Entities may include the cost of an Asbestos survey, or Lead Paint inspectionabatement-clearance testing as part of architectural, engineering, surveying, and pre-development costs however, these actions may not be performed until after the grant agreement is executed at the beginning of the program year.

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38 CONSTRUCTION OF HOUSING
Under this category, CDBG funds may be used in certain specified circumstances to finance the construction of new permanent residential structures. The following identifies those limited circumstances:
 Grantees may use CDBG funds in a housing construction project that has received funding through a Housing Development Grant (a HODAG). Reference: §570.201(m)  Grantees may construct housing of last resort under 24 CFR Part 42, Subpart I. (This is housing that the grantee has determined must be constructed in order to provide suitable replacement housing for persons to be displaced by a contemplated CDBG project, subject to the Uniform Act, and where the project is prevented from proceeding because the required replacement housing is not available otherwise.) Reference: §570.207(b)(3) Note: Other than these two situations, new housing construction is ineligible under the CDBG program, unless carried out under the authority of the basic eligibility category, “Special Activities by CBDOs.[A CBDO is a Community Based Development Organization] Conversion: It should be noted that the cost of converting an existing nonresidential structure to residential is not generally considered to constitute new construction under the CDBG program and is thus covered under the basic eligibility category of Rehabilitation. However, in some cases, the conversion may involve construction that goes beyond the envelope of the non-residential structure.

Where this is the case, the grantee should consult with the local HUD field office to ensure that the extent of such construction would not constitute new construction of housing and thus be ineligible for CDBG assistance. Reference: §570.202
PROJECT TIME LINE: Construction of Housing activities MUST be completed within 18 months beginning first day of the fiscal year funded with completion not later than 18 months after initial funding.

New housing construction activities may qualify as meeting a national objective in any of the ways shown in the chart below.

NATIONAL OBJECTIVES for CONSTRUCTION of HOUSING

OBJECTIVE QUALIFIES IF EXAMPLE

L/M INCOME

AREA BENEFIT NOT APPLICABLE NOT APPLICABLE

L/M INCOME

LIMITED

CLIENTELE

NOT APPLICABLE NOT APPLICABLE

L/M INCOME

HOUSING
The new housing will be occupied by L/M income
households. Rental units must be occupied at affordable rents.

New construction of “last resort” housing needed
for a L/M income household being displaced by a
CDBG-assisted project.

L/M INCOME

JOBS NOT APPLICABLE NOT APPLICABLE
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39 SLUM or

BLIGHTED AREA
New housing qualifies if: (1) The new housing is located with a designated slum or blighted area, and (2)
Development of new housing addresses one of the
conditions, which contributed to the deterioration of the area.

Luxury apartments constructed with HODAG
assistance on a site in a designated slum/blight area.

SPOT BLIGHT NOT APPLICABLE NOT APPLICABLE

URGENT NEEDS
The new housing is needed to respond to a threat to the health or welfare of the community of recent origin and no other funding is available to meet the threat and the new construction is eligible (or the statutory waiver
Authority for Presidentially-declared disasters is exercised.

Housing needed to replace units completely
destroyed by a flood and needed to be built in a new
location.

CODE ENFORCEMENT
Code enforcement involves the payment of salaries and overhead costs directly related to the enforcement of state and/or local codes. CDBG funds may be used for code enforcement only in deteriorating or deteriorated areas where such enforcement, together with public or private improvements, rehabilitation, or services to be provided, may be expected to arrest the decline of the area. Reference: §570.202(c)
CDBG funds may be used to pay the salaries of inspectors enforcing codes in a blighted area being renewed through comprehensive treatment.

Code enforcement does not include: Inspections for the purpose of processing applications for rehabilitation assistance and overseeing such rehabilitation [such inspections may be eligible under the Rehabilitation category and they are not limited by the restrictions on the eligibility of code enforcement]; Correcting code enforcement violations identified during inspections.

Code enforcement expenditures are not to be included in costs subject to the 20% limit on planning and administration, even though all expenditures are for staff and related costs because they are considered to be an activity delivery cost.

PROJECT TIME LINE: Code Enforcement activities MUST be completed within the fiscal year funded.

Code enforcement activities may qualify as meeting a national objective in any of the ways shown in the chart below.

NATIONAL OBJECTIVES for CODE ENFORCEMENT

OBJECTIVE QUALIFIES IF EXAMPLE

L/M INCOME

AREA BENEFIT
The code enforcement is targeted at a deteriorated or
deteriorating area delineated by the grantee and: (1) At least 51% (or less if the upper quartile applies) of the residents of the area are L/M income persons; and (2) The code enforcement, together with public improvements,
rehabilitation, and services to be provided, may be
expected to arrest the decline of the area.

Code enforcement efforts in a L/M income
deteriorated neighborhood targeted for
rehabilitation assistance, construction of a
neighborhood facility, and street reconstruction.

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40 L/M INCOME

LIMITED

CLIENTELE

NOT APPLICABLE NOT APPLICABLE

L/M INCOME

HOUSING NOT APPLICABLE NOT APPLICABLE

L/M INCOME

JOBS NOT APPLICABLE NOT APPLICABLE
SLUM or

BLIGHTED AREA
The code enforcement is targeted at a designated slum or blighted area and: (1) Is designed to address one or more of the conditions which contributed to the deterioration of the area; and (2) The code enforcement, together with public improvements, rehabilitation, and services to be provided, may be expected to arrest the decline of the
area.

Building inspections for code violations in a
designated blighted area, which are part of a
comprehensive effort to arrest decline in that area.

SPOT BLIGHT NOT APPLICABLE NOT APPLICABLE

URGENT NEEDS
While this situation is likely to be infrequent, it is possible for code enforcement to qualify if: (1) The code
enforcement is targeted at a deteriorated or deteriorating area; (2) The code enforcement, together with public or private improvements, rehabilitation, and services to be provided, may be expected to arrest the decline of the
area; and (3) The grantee is able to certify that the existing conditions which the code enforcement is designed to
alleviate pose a serious and immediate threat to the health or welfare of the community, they are of recent origin or recently became urgent, the grantee is unable to finance the activity on its own, and other sources of funds are not available.*
* In cases where disaster causes the blight of an area, it may be easier to qualify the code enforcement under the “Slum or Blighted Area” category than under the “Urgent Need”
category.

Code enforcement activities taking place in an area
that has been severely affected by a flood, and is
part of the community’s overall response to the
emergency.

ECONOMIC DEVELOPMENT AND SPECIAL ECONOMIC

DEVELOPMENT ACTIVITIES
PREFACE The purpose of this preface is to distinguish the concept of “economic development” from the term “special economic development activities” as used in the CDBG program. “Economic development” is generally thought of in two ways within the context of CDBG activities: the very broad concept of the term as distinguished from “special economic development activities” as that term is used at 24 CFR 570.203. “Economic development” can be interpreted very broadly to include all endeavors aimed at sustaining or increasing the level of business activity. Under this broad concept, most CDBG activities could, under the right circumstances, be viewed as economic development. For example, the level of business activity in a jurisdiction could be helped through development of a community economic development plan, improvements to the public infrastructure, through better housing, or an enhanced level of public services.

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41 An economic development project in the CDBG program may be supported by a range of CDBGfunded activities, including both special economic development activities and other categories of basic eligibility, each of which must meet a national objective of the CDBG program.

In contrast, the term “special economic development activities” is used in the CDBG program to identify three types of activities described below and at §570.203(a), (b), and (c) of the regulations.

CDBG funds may be used for the following special economic development activities:
 Commercial or industrial improvements carried out by the grantee or a nonprofit subrecipient, including: • acquisition, • construction, • rehabilitation, • reconstruction, or • installation of commercial or industrial buildings or structures and other related real property equipment and improvements.
 Assistance to private for-profit entities for an activity determined by the grantee to be appropriate to carry out an economic development project. This assistance may include, but is not limited to: • grants; • loans; • loan guarantees; • interest supplements; • technical assistance; or • any other form except for those described as ineligible in §570.207(a), such as political activities.  Economic development services in connection with the above subcategories, including outreach efforts to market available forms of assistance, screening of applicants, reviewing and underwriting applications for assistance, preparation of agreements, management of assisted activities, and the screening, referral, and placement of applicants for employment opportunities generated by CDBG-eligible economic development activities. The costs of providing necessary job training for persons filling those positions may also be provided. Reference: §570.203(a), (b) and (c) Under this type of assistance, displacement of existing businesses and jobs in neighborhoods shall be minimized, to the greatest extent practical.

Special economic development activities may include the following:

Construction by the grantee or subrecipient of a business incubator designed to provide inexpensive space and assistance to new firms to help them become viable businesses.

Loans to pay for the expansion of a factory or commercial business.

Technical assistance to a business facing bankruptcy.

Providing training needed by persons on welfare to enable them to qualify for jobs created by CDBG-assisted special economic development activities.

Special economic development activities do not include: .

Assistance to a for-profit business in the form of lobbying or other political activities. Reference:
§570.207(a)(3) . Public facilities and improvements carried out to support or benefit a private for-profit business. (These activities may, however, be eligible under the category of Public Facilities and Improvements.) Reference: §570.201(c)
New Housing Construction. This activity may be eligible under either of the categories of Construction of Housing or Special Activities by CBDOs. When a project to be assisted includes new construction of housing as part of a commercial structure (e.g., a “mixed use” project), those costs clearly attributable to the commercial Packet Page 103
42 portion of the project may be eligible as a special economic development activity. References: §570.201(m) and §570.204
Planning for economic development projects, including conducting market surveys to determine an appropriate type of business to attempt to attract to a particular area, developing individual commercial or industrial project plans, and identifying actions to implement those plans. Such planning activities may be eligible under the category of Planning and Capacity Building. Reference: §570.205 Job training, unless part of a CDBG-eligible economic development activity that will create or retain permanent jobs. Such other training may be eligible under the categories of Public Services or Special Activities by CBDOs. References: §570.201(e) and §570.204
PROJECT TIME LINE: Special Economic Development activities MUST begin no later than three (3) months from the first day of the fiscal year funded (January 1), with full project completion within 18 months after initial funding.

Special Economic Development Activities may qualify as meeting a national objective in any of the ways shown in the chart below.

NATIONAL OBJECTIVES for ECONOMIC and

SPECIAL ECONOMIC DEVELOPMENT ACTITIVIES

OBJECTIVE QUALIFIES IF EXAMPLE

L/M INCOME

AREA BENEFIT
The assistance is to a business, which provides goods or services to residents of a L/M income residential area.

Assistance to neighborhood businesses such as grocery
stores and laundromats, serving a predominantly L/M
income neighborhood.

L/M INCOME

LIMITED

CLIENTELE
The only use of CDBG is to provide job training or other employment support services as part of a CDBG-eligible
economic development project, and the percent of total
project cost contributed by CDBG does not exceed the
percent of all persons assisted who are L/M income.

Training for the 30 new employees, 10 of whom are L/M
income, hired by a manufacturer adding new machinery
to its plant where CDBG pays no more than one-third of
the total cost of the project, including the training.

L/M INCOME

HOUSING NOT APPLICABLE NOT APPLICABLE

L/M INCOME
JOBS
The assisted project involves the creation or retention of jobs at least 51% of which benefit L/M income persons.

Financial assistance to a manufacturer for the expansion of its facilities which is expected to create permanent jobs, at least 51% of which will be taken by L/M income persons.

SLUM or

BLIGHTED AREA
The assistance is to a business in a designated slum or blighted area and addresses one or more of the conditions, which contributed to the deterioration of the area.

A low-interest loan to a business as an inducement to
locate a branch store in a redeveloping blighted area.

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43 SPOT BLIGHT
The assistance is to a business located outside of a
designated slum or blighted area where: (1) The assistance is designed to eliminate specific conditions of blight or
physical decay; and
(2) The assistance is limited to the following activities:
acquisition, clearance, relocation, historic preservation, and building rehabilitation. Rehabilitation must be limited to the extent necessary to eliminate specific conditions detrimental to public safety and health.

Financial assistance to a business to demolish a decayed structure it owns in order to assist the business in
constructing a new building on the site.

URGENT NEEDS
The assistance to a commercial or industrial business is designed to alleviate existing conditions and the grantee certifies that such conditions pose a serious and immediate threat to the health or welfare of the community, they are of recent origin or recently became urgent, the grantee is unable to finance the activity on its own, and other sources of funds are not available.

Assistance in reconstructing the only grocery store in a remote part of an urban county that was damaged by a
hurricane, where no other funds are available for the
reconstruction.

MICRO ENTERPRISE ASSISTANCE
Under this category, grantees and other public or private organizations may use CDBG funds to facilitate economic development through the establishment, stabilization, and expansion of micro enterprises. Reference: §570.201(o)
This category authorizes the use of CDBG funds to provide financial assistance of virtually any kind to an existing micro enterprise or to assist in the establishment of a micro enterprise. It also authorizes the provision of:
 Technical assistance to a new or existing micro enterprise or to persons developing a micro enterprise, and
 General support to owners of micro enterprises or to persons developing a micro enterprise.

Note that under the subcategory of “general support,” CDBG funds may be used to provide services of any kind that may be needed by the owner of or person developing a micro enterprise to enable the establishment, stabilization, or expansion of the business. This could include, for example, child care, transportation, counseling, and peer support programs. Any such services provided under this authority are not subject to the cap on public services regardless of the entity providing the service.

It should also be noted that financially or technically assisting a micro enterprise may also be carried out under the basic eligibility categories of Special Economic Development Activities and Special Activities by CBDOs. However, if carried out under either of those categories, such assistance would be subject to the requirements concerning Public Benefit. References: §570.203, §570.204, and §570.209
Definitions:
“Micro enterprise” means a business having five or fewer employees, one or more of whom owns the business.

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44 “Person developing a micro enterprise” means any person who has expressed an interest and who is, after an initial screening, expected to be actively working towards developing a business that is expected to be a micro enterprise at the time it is formed.

Because micro enterprises are for-profit businesses, most of the guidelines for meeting national objectives under the category of Special Economic Development Activities also apply here.

PROJECT TIME LINE: Micro Enterprise Assistance activities MUST begin no later than three (3) months from the first day of the fiscal year funded (January 1), with full project completion within 18 months after initial funding.

See the following chart for further elaboration on meeting the national objectives. Reference:
§570.208(a)(2)(iii)
NATIONAL OBJECTIVES for MICRO ENTERPRISE ASSISTANCE

OBJECTIVE QUALIFIES IF EXAMPLE

L/M INCOME

AREA BENEFIT
The micro enterprise assisted provides services to a
residential area that has a sufficiently high percentage of L/M income persons.

A small carry-out store in a neighborhood having more
than 51% L/M income residents.

L/M INCOME

LIMITED

CLIENTELE
The micro enterprise assistance is provided to a L/M
income person who owns or is developing a micro
enterprise. Assisting a resident of public housing to
establish a business providing child care.

Assisting a resident of public housing to establish a
business providing child care.

L/M INCOME

HOUSING NOT APPLICABLE NOT APPLICABLE

L/M INCOME
JOBS
The micro enterprise assisted will create or retain jobs, 51% or more of which will benefit L/M income persons.

Assisting in the expansion of a house cleaning service
with two employees that agrees to hire an additional L/M income person for the business.

SPECIAL ACTIVITIES BY COMMUNITY BASED DEVELOPMENT

ORGANIZATIONS (CBDOS)
Preface - The purpose of this preface is to emphasize the distinction between subrecipients and Community-Based Development Organizations (CBDOs) as they relate to the CDBG program.

The term “subrecipient” is defined at §570.500(c) to mean a public or private nonprofit agency, authority, or organization, or a for-profit entity authorized under §570.201(o) to provide micro enterprise assistance, receiving CDBG funds from the grantee to undertake activities eligible under the CDBG program.

While the types of organizations that qualify as CBDOs generally would meet the above description, the subrecipient definition at §570.500(c) excludes CBDOs unless the CBDO is specifically designated by the grantee to be a subrecipient for CDBG program purposes.

Designation of an entity as a subrecipient affects the following: • whether any income that may be generated by a CDBG-funded activity that is received by the entity is considered to be Packet Page 106
45 CDBG program income; • whether the grantee must enter into a written agreement with the entity containing requirements specified at §570.503 (although the grantee could elect to enter into such an agreement with a CBDO whether or not it is designated as a subrecipient); and • whether the entity is bound by the general administrative requirements imposed by the OMB Circulars in its administration of the CDBG funds provided to it by the grantee (although a grantee could require a CBDO to abide by these requirements as a condition of providing CDBG funds to the entity, without the need to designate it as a subrecipient).

A qualified CBDO can only carry out the following three (3) types of eligible projects.:

Neighborhood revitalization: Activities undertaken under this provision must be of sufficient size and scope to have an impact on the decline of a designated geographic location within the jurisdiction of the grantee (but not the entire jurisdiction of an entitlement community unless it has a population of 25,000 or less). The activities to be considered for this purpose are not limited to those funded (or to be funded) with CDBG assistance.

Community Economic Development: This type of project must include activities that increase economic opportunity, principally for low- and moderate-income persons, or that are expected to create or retain businesses or permanent jobs within the community. Housing activities may be included within this project type if they can clearly link the need for affordable housing accessible to existing or planned jobs, or otherwise address the Consolidated Plan’s definition of “expanded economic opportunity” at 24 CFR Part 91.1(a)(1)(iii).

Energy Conservation: Activities carried out under this provision are clearly designed to conserve energy for the benefit of residents within the grantee’s jurisdiction. An example of this type of project may involve the construction of energy efficient housing where substantial savings in heating and/or cooling costs can expect to be realized.

In order to qualify as a CBDO, an entity must meet the eligibility criteria specified at §570.204(c)(1), (2), or (3). Generally, this means that the entity must:

Be organized under State or local law to carry out community development activities. For entitled communities, the entity must operate primarily within an identified neighborhood within the grantee’s jurisdiction.

Maintain at least 51% of its governing body’s membership to consist of any combination of the following:
 low- and moderate-income residents of its area of operation,  owners or senior officers of private establishments and other institutions located in and serving its geographic area of operation, or  representatives of low- and moderate-income neighborhood organizations located in its geographic area of operation.
 Require that members of the governing body must be nominated and approved by the organization’s general membership or by its permanent governing body (except as otherwise authorized in §570.204(c)(1)(v)).

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46  Have as its primary purpose the improvement of the physical, economic, or social environment of its geographic area of operation, with particular emphasis on the needs of lowand moderate-income persons.  Be either nonprofit or for-profit, but, if a for-profit, only incidental monetary benefits to its members are allowed.
 Not be an agency or instrumentality of the grantee, and not permit more than one-third of its governing body to be appointed by or consist of elected or other public officials or employees of the grantee (or of any other entity that could not qualify as a CBDO), even if such persons would otherwise meet the requirements described above.
 Not be subject to the reversion of its assets to the grantee upon dissolution (although a grantee may specify as a condition of providing CDBG funds to the entity that any assets related to the specific CDBG assistance being provided must revert to the grantee, whether or not the grantee designates the CBDO as a subrecipient. (Application of the reversion of assets clause under §570.503(b)(8) would be required for any CBDO designated as a subrecipient and would function to permit the specific assets purchased with the CDBG funds to revert back to the grantee. This would not constitute a violation of the §570.204 requirement.)  Be free to contract for goods and services from vendors of its own choosing (a sign that the entity is not an agent of the grantee).

The authority conveyed under this category requires that the CBDO “carry out” the funded activities.

This means that the CBDO will undertake the activity directly or through contracts with an entity other than the grantee. In any case where the CBDO provides CDBG funds to another entity, it must be clear that the CBDO has a direct and controlling interest in how and where the activities are undertaken. The purpose of this restriction is to ensure that the grantee itself is not playing a major and controlling interest in the funded activities. Perhaps the “litmus test” for this purpose is whether the entity has the authority, independent of the grantee, to stop the project if something is going wrong.

Ineligible Activities – Special activities by CBDOs do not include:

Any activity described in §570.207(a) as ineligible. That is, buildings for the general conduct of government, general government expenses, and political activities.

Any activity that would violate the specific limitations described below:
• provision of public services in violation of the prohibition against substituting CDBG for State or local funds as set forth in §570.201(e), or that would exceed the dollar limitations described under §570.201(e)(1) and (2) unless the regulations otherwise provide that the services are exempt from that cost limitation. Reference: §570.204(b)(2)
• planning and administrative activities that are eligible under §570.205 or §570.206 which would result in the grantee exceeding the 20% cost limitation on such activities, unless the regulations specifically provide that the activity is exempt from that cost limitation. Reference: §570.204(b)(4) With regard to complying with the National Objectives, the majority of activities carried out by a CBDO under this authority are also eligible under other categories of funding with CDBG funds.

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47 PROJECT TIME LINE: CBDO activities MUST begin no later than three (3) months from the first day of the fiscal year funded (January 1), with full project completion within 18 months after initial funding.

HOMEOWNERSHIP ASSISTANCE
Under the provisions at §570.201(n), grantees and their subrecipients may provide financial assistance to low- and moderate-income households to assist them in the purchase of a home.

The specific purposes for which financial assistance using CDBG funds may be provided under this category are to:

Subsidize interest rates and mortgage principal amounts, including making a grant to reduce the effective interest rate on the amount needed by the purchaser to an affordable level. (The funds granted would have to be applied towards the purchase price.) Alternatively, the grantee/subrecipient could make a subordinate loan for part of the purchase price, at little or no interest, for an amount of funds the payments on which, together with that required under the first mortgage, would be affordable to the purchaser.

Finance the cost of acquiring property already occupied by the household at terms needed to make the purchase affordable.

Pay all or part of the premium (on behalf of the purchaser) for mortgage insurance required up-front by a private mortgagee. (This would include the cost for private mortgage insurance.) Pay any or all of the reasonable closing costs associated with the home purchase on behalf of the purchaser.

Pay up to 50% of the down payment required by the mortgagee for the purchase on behalf of the purchaser.

Note especially that the use of funds under this category is specifically limited to assisting low- and moderate-income households. Reference: §570.201(n)
Because the use of CDBG funds authorized under this category is limited to assisting low- and moderate-income households, any such use of funds would clearly qualify under the national objective of benefit to low- and moderate-income persons-housing activities, and no further consideration needs to be given here. Reference: §570.208(a)(3)
PROJECT TIME LINE: Homeownership Assistance activities must be completed within the fiscal year funded.

RECONSTRUCTION
Reconstruction became explicitly eligible for CDBG assistance as a result of a legislative change under section 225 of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (P.L. 104-234, enacted April 26, 1996). This change [in section 105(a)(4) of the Housing and Community Development Act of 1974 as amended] broadens grantees’ ability to use CDBG funds for “reconstruction” of properties. Grantees have thus been able to make use of this provision since enacted.

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48 While the statute does not define the term “reconstruction,” for CDBG purposes, it is generally defined as meaning the rebuilding of a structure on the same site in substantially the same manner. Deviations from the original design are permitted for reasons of safety or if otherwise impractical. The structure to be reconstructed may be residential or nonresidential, and either publiclyor privately-owned.

For reconstruction involving housing, the number of housing units on a site may not be increased, but the number of rooms per unit may be increased or decreased. [Note that any decrease in the number of units on a site may require compliance with the one-for-one replacement of L/M income dwelling units at 24 CFR part 42, subpart C.]
Note that reconstruction is also permitted elsewhere in the regulations under Public Facilities and Improvements [§570.201(c)], Privately Owned Utilities [§570.201(1)], and Special Economic Development Activities [§570.203].

PROJECT TIME LINE: Reconstruction activities MUST begin no later than three (3) months from the first day of the fiscal year funded (October 1), with full project completion within 18 months after initial funding.

HANDICAPPED ACCESSIBILITY (REMOVAL OF ARCHITECTURAL

BARRIERS)
The statute makes specifically eligible the removal of material and architectural barriers that restrict the accessibility or mobility of elderly or handicapped persons.

Confusion has emerged concerning the distinction between removing barriers to accessibility and the need to provide for accessibility. Together, these issues led some grantees and beneficiaries to the impression that the involvement of the removal of barriers would qualify an entire activity for assistance under the CDBG program, or that the additional costs of making even newly constructed buildings accessible to the handicapped should be eligible for CDBG assistance under that authority, whether or not the rest of the building could so qualify.

The passage of the Americans with Disabilities Act (ADA) had much to do with this confusion.

Pressure has mounted on grantees to provide accessibility in both public and private places. This has led to some attempts to use CDBG funds to provide accessibility in ways that go well beyond the simple removal of existing barriers. As a result, it became necessary to clarify the regulations.

For many years, the CDBG regulations contained the removal of architectural barriers as a separate category of eligibility. However, this free-standing category was removed in 1995 because of the confusion it seemed to be causing and has been woven into other eligibility categories as appropriate.

The regulations also contained (and still contain) a provision indicating that such barrier removal can meet the national objective of benefit to L/M income under Limited Clientele.

Where the construction of a building or improvement is eligible for assistance with CDBG, the costs of making the building or improvement accessible to persons with handicaps is also eligible as an integral cost of the construction and there is no need to provide separate eligibility for such a purpose.

The removal of architectural barriers is now clarified as rehabilitation or reconstruction under the categories of Public Facilities and Improvements, Rehabilitation, and Special Economic Development Activities.

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49 The main issue that is presented in the CDBG program with respect to handicapped accessibility lies in being able to meet a national objective. If the new construction of a public facility or improvement cannot meet a national objective based on either area benefit or the clientele to be served, then the features that are required in such construction in order to provide for accessibility to handicapped persons also cannot meet a national objective. The situation is somewhat different with rehabilitation or reconstruction. Since the cost of removing existing barriers is specifically eligible under the statute, §570.208(a)(2)(ii) provides that removal of accessibility barriers may be presumed to meet the L/M Income Limited Clientele criteria if the costs of such removal is restricted, to the extent practicable, to the removal of such barriers in:

The reconstruction of a public facility or improvement, or portion thereof, that does not meet the criteria for L/M Income Benefit under Area Benefit, The rehabilitation of a privately owned nonresidential building or improvement that does not meet the criteria for L/M Income Benefit under Area Benefit or Jobs, or The rehabilitation of the common areas of a residential structure that contains more than one dwelling unit and that does not meet the criteria for L/M Income Benefit under Housing.

In a related matter, the use in the regulations concerning the presumption of L/M income status of handicapped persons became problematical as the use of the term “handicapped” broadened over the past several years to include categories of handicap that do not necessarily heavily impact on a person’s capacity to work in good paying jobs. Thus, when HUD changed the regulations concerning the removal of architectural barriers, it also amended them to revise the term used for this purpose. The regulations now use the term “severely disabled adult” in lieu of “handicapped.” PROJECT TIME LINE: Handicapped Accessibility activities MUST begin no later than three (3) months from the first day of the fiscal year funded (October 1), with full project completion within 18 months after initial funding.

INELIGIBLE ACTIVITIES
The general rule for CDBG expenditures is that any activity not specifically authorized under the CDBG regulations and statue is ineligible to be assisted with CDBG funds. Thus, the CDBG program regulations identify certain activities as categorically ineligible. They also identify certain other activities that are ineligible unless they are carried out by a CBDO under the authority of §570.204.

The following activities may not be assisted with CDBG funds under any circumstance:

Buildings or portions thereof, used for the general conduct of government as defined at §570.3 may not be assisted with CDBG funds. This does not include, however, the removal of architectural barriers involving any such building, which may be assisted under the category of Public Facilities and Improvements. Also, where acquisition of real property includes a building or other improvement that would be used for the general conduct of government, the portion of the acquisition cost attributable to the land may be assisted under the category of Acquisition of Real Property. Reference:
§570.207(a)(1)
General government expenses. Except as otherwise specifically authorized in Subpart C of Part 570 or under OMB Circular A-87, expenses required to carry out the regular responsibilities of Packet Page 111
50 the unit of general local government are not eligible for assistance under this part. Reference:
§570.207(a)(2)
Political activities. CDBG funds may not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. However, a facility originally assisted with CDBG funds may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any. Reference: §570.207(a)(3) The following activities may not be assisted with CDBG funds unless authorized as Special Economic Development Activities under §570.203 or when carried out by a CBDO under the provisions of §570.204.

Purchase of equipment. The purchase of equipment with CDBG funds is generally ineligible. o • Construction equipment. The purchase of construction equipment is ineligible, but compensation for the use of such equipment through leasing, depreciation, or use allowances pursuant to OMB Circulars A-21, A-87, or A-122 as applicable for an otherwise eligible activity is an eligible use of CDBG funds. However, the purchase of construction equipment for use as part of a solid waste disposal facility is eligible under the category of Public Facilities and Improvements [see §570.201(c)]. o • Fire protection equipment. Fire protection equipment is considered for this purpose to be an integral part of a public facility. Thus, purchase of such equipment would be eligible under the category of Public Facilities and Improvements. This includes fire engines and specialized tools such as “jaws of life” and life-saving equipment as well as protective clothing worn by fire fighters [see §570.201(c)]. o • Furnishings and personal property. The purchase of equipment, fixtures, motor vehicles, furnishings, or other personal property not an integral structural fixture is generally ineligible. CDBG funds may be used, however, to purchase or to pay depreciation or use allowances (in accordance with OMB Circulars A-21, A-87, or A122, as applicable) for such items when necessary for use by a recipient or its subrecipients in the administration of activities assisted with CDBG funds, or when eligible as firefighting equipment, or when such items constitute all or part of a public service pursuant to §570.201(e). Also, these items are eligible when carried out by a for-profit business as part of CDBG assistance under the authority of §570.203(b).

Reference: §570.207(b)(1)
Operating and maintenance expenses. The general rule is that any expense associated with repairing, operating, or maintaining public facilities, improvements, and services is ineligible. Specific exceptions to this general rule are operating and maintenance expenses associated with public service activities [see §570.201(e)], interim assistance [see §570.201(f)], and office space for program staff employed in carrying out the CDBG program (see §570.206). For example, the use of CDBG funds to pay the allowable costs of operating and maintaining a facility used in providing a public service (e.g., salaries, rent) would be eligible under §570.201(e), even if no other costs of providing the service there are assisted with such funds. Examples of operating and maintenance expenses that are generally ineligible include:

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51 o • Maintenance and repair of publicly-owned streets, parks, playgrounds, water and sewer facilities, neighborhood facilities, senior centers, centers for persons with disabilities, parking, and other public facilities and improvements. Examples of maintenance and repair activities for which CDBG funds may not be used include the filling of pot holes in streets, repairing of cracks in sidewalks, the mowing of grass in city or county parks, and the replacement of street light bulbs. o • Payment of salaries for staff, utility costs, and similar expenses necessary for the operation of public works and facilities. Reference: §570.207(b)(2) New housing construction. See the discussion of this activity type under the earlier sections of this application entitled Construction of Housing and Special Activities by CBDOs. Reference:
§570.207(b)(3)
Income payments. The general rule is that CDBG funds may not be used for income payments. For purposes of the CDBG program, “income payments” is defined as a series of subsistence-type grant payments made to an individual or family for items such as food, clothing, housing (rent or mortgage), or utilities, but excludes emergency grant payments made over a period of up to three consecutive months directly to the provider of such items or services on behalf of an individual or family. One time grants, emergency type grants, or loans for such purposes may be authorized under the category of Public Services [see §570.201(e)]. Reference: §570.207(b)(4) Note: Certain activities, even if they would otherwise be eligible under the category of Special Economic Development Activities, cannot be assisted with CDBG funds if they are specifically ineligible under the provisions of the Public Benefit standards under §570.209. For example, assisting a business to create jobs that would cost more than $50,000 in CDBG funds per job would be unallowable. Also, providing assistance to a professional sports team is not allowed.

REQUIREMENTS FOR APPLICANTS
The focus for CDBG has always been community partnerships. It is for this reason that the City of Seaside solicits proposals from community partners to assist in the dissemination of CDBG funds to activities which benefit the low and moderate income household.

In an effort to maximize its CDBG dollars, the City of Seaside has established the following requirements for agencies requesting CDBG funds, in accordance with local and federal CDBG requirements.

LEVERAGING AND MATCHING
For over 30 years, the Community Development Block Grant (CDBG) Program has provided the Nation a comprehensive and flexible source of funding for empowering people to create viable urban communities. With the uncertainty of future congressional budget appropriations to the CDBG program, entities can no longer solely rely on this single funding source to benefit our low-and moderate-income citizens. Thus, all entities need to explore new and additional ways to combine their City of Seaside CDBG resources with those of other federal agencies, the State, and private sector resources to meet their project/program/activity needs. Without leveraging of resources, significant opportunities are missed.

The City requires entities, applying for its CDBG Program funds to identify leveraging resources and contributions of matching funds for all proposed projects/programs/activities.

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52 Resource Leveraging - is the combination of other federal, state, and private sector funds made available to the entity, for the proposed CDBG project/program/activity. In some cases, the leveraged funds are contingent upon receipt of other funds which, when combined will provide for a completed project/program/activity.

Matching funds are those funds provided for a project/program/activity that are not derived from another federal fund source. The entity must be able to document the contribution of matching funds to the CDBG funded project/program/activity in order to count the contribution as matching funds. Match counted for other Federal programs cannot be counted as CDBG match.

Examples of types of Matching funds
Cash or cash equivalents from a non-federal source, local, public, or private source [no owner equity]
Staff time or administrative costs associated with the CDBG project Value of waived taxes, fees, or charges associated with the CDBG assisted project Value of donated land or real property associated with the CDBG assisted project Cost of infrastructure improvements associated with the CDBG assisted project Value of donated materials, equipment, labor, and professional services associated with the CDBG assisted project
Volunteer labor [for unskilled volunteers] associated with the CDBG assisted project Direct costs of supportive services to beneficiaries of the CDBG assisted project Direct cost of homebuyer counseling to families purchasing homes with CDBG assistance Match can be earned for investments in the CDBG-assisted project/program/activity regardless of the match type.

CONSOLIDATED PLAN AND ANNUAL ACTION PLAN AMENDMENT
From time to time, the City of Seaside will make changes to the priority needs in the Consolidated Plan and/or changes to the activities described in the annual Action Plan. The Consolidated Planning regulations (24 CFR 91.505[a]) require that the City’s plans be amended when any of the following occur:

1. The City makes a change in its allocation priorities or a change in the method of distribution of funds.

2. The City chooses to carry out an activity not previously described in the Action Plan (this includes source of funds covered by 24 CFR 91 not anticipated in the Action Plan, including program income).

3. The City chooses to change the purpose, scope, location, or beneficiaries of an activity.

Substantial Amendment Definition
The Consolidated Plan regulations require that the City identify the criteria for determining a substantial versus non-substantial amendment (24 CFR 91.505[b]). A substantial amendment differs from a non-substantial amendment in that a substantial amendment requires the City to undergo a process of public consultation and comment.

The City has set out the following criteria for an amendment to be considered substantial:

1. The City changes the Priority Needs, or five-year goals and objectives, contained in the FiveYear Strategic Plan of the Consolidated Plan.

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53 2. After the publication of the Notice of Annual Planning, the City changes the method of selecting activities for the annual Action Plan, the criteria for evaluating activities for funding, or key dates in the planning process such as the due date for requests and mandatory meetings.

3. The City funds an activity not described in the adopted annual Action Plan (as may have been amended previously).

4. The City reallocates more than 15 percent of the total funds available as described in the adopted annual Action Plan (as may have been amended previously).

5. The City increases or decreases by more than 15 percent the total funds available as described in the adopted annual Action Plan (as may have been amended previously).

6. The City increases or decreases the amount allocated to an individual activity by more than 25 percent of the original amount allocated to that activity.

7. The City makes a change in the purpose, location, scope, or beneficiaries of an activity.

Examples include:
a. The activity will no longer principally benefit the targeted population as identified in the Action Plan (e.g., senior citizens in certain areas, low- and moderate-income homeowners, residents of X neighborhood instead of Y neighborhood). b. The activity will no longer address the specific low- and moderate-income need as described in the Action Plan, or the activity ceases to address the elimination of slums and blight as identified in the Action Plan.
c. The activity location of an area-benefiting activity changes so that the completed activity will principally serve beneficiaries other than those originally intended. d. The scope of the activity has increased to the point where its completion with project funds would result in the inability to carry out another approved activity or would necessitate reducing the scope of another activity to a point where it would not accomplish its intended purpose.

8. The CDAC (Community Development Advisory Committee) finds that, absent the change meeting any one of the criteria above, the change is significant enough that it should be considered substantial.

Non-substantial Amendments
In addition to changes that do not exceed the thresholds for a substantial amendment, the City will consider the following changes to be plan amendments that are expressly not substantial. Such changes will not require the City to undergo a process of public consultation and comment.

1. After the publication of the Notice of Annual Planning, the City changes noncritical dates in the planning process such as CDAC meeting dates, public hearings, publication dates, and public comment periods.

2. The anticipated scope of a project or program changes but the purpose, location, or beneficiaries of the project or program remain essentially the same.

Undertaking Substantial Amendments
Substantial amendments will first be considered by the CDAC at a public meeting that has been duly noticed.

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54 After the CDAC has considered and recommended a substantial amendment, the City will publish a Notice of Substantial Amendment. The notice will at a minimum include the following:

1. A description of the plan or plans being amended.

2. An explanation that the amendment is considered to be substantial.

3. Notification that the public is invited to comment on the draft amendment.

4. The changes that are being considered, including (as applicable):
a. The specific priority needs, goals, or objectives being changed b. Specific elements of the planning process being changed, including dates c. The new activity(ies) being funded
d. The dollar amount(s) being de-obligated and/or allocated e. The change in beneficiaries “before” and “after”

5. Where the draft substantial amendment may be examined and where a copy may be obtained.

6. When the City Council will consider the substantial amendment.

7. When the public comment period will begin and end.

8. To whom comment should be addressed.

The notice must be published in the Monterey County Weekly as a legal ad and posted in the following locations: Seaside City Hall; Seaside Public Library; Seaside Fire Station; Oldemeyer Community Center.

The draft substantial amendment must be made available on the City’s website and at the following locations: Seaside City Hall; Seaside Public Library; Seaside Fire Station; Oldemeyer Community Center.

The public comment period must be no less than 30 days following the day after the Notice of Substantial Amendment is first published.

The City will consider and respond to all public comments. A summary of public comments received and the City’s responses will become part of the public record.

The City Council will consider the amendment during a duly noticed public hearing.

The City Council will adopt the amendment by resolution.

It should be noted that substantial amendments can be effected mid-year or as part of the annual planning process. Should a substantial amendment be included in the annual planning process, it will not require separate consideration by the CDAC, separate noticing, or separate action by the City Council.

UNDERTAKING NON-SUBSTANTIAL AMENDMENTS
Non-substantial amendments will first be considered by the CDAC at a public meeting that has been duly noticed.

The draft amendment must be made available on the City’s website, at Seaside City Hall, and at the Seaside Public Library.

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55 The City Council will consider the amendment during a duly noticed public meeting. The City Council may consider non-substantial amendments as consent items.

The City Council will adopt the amendment by resolution.

It should be noted that non-substantial amendments can be effected mid-year or as part of the annual planning process. Should a substantial amendment be included in the annual planning process, it will not require separate consideration by the CDAC or separate action by the City Council.

PUBLICATION AND SUBMITTING PLAN AMENDMENTS TO HUD
Following adoption, the City will make the final amendment available to the public. The final amendment will be made available on the City’s website, at Seaside City Hall, and at the Seaside Public Library. The amendment must be made available on the City’s website until 90 days after the end of the plan year.

The City will submit each substantial amendment to the HUD Field Office as it is made final via the IDIS reporting system and include the resolution approving the amendment.

The City will compile all amendments and submit them to the HUD Field Office along with the annual Consolidated Annual Performance and Evaluation Report (CAPER).

MID-YEAR RE-ALLOCATION POLICY AND PROCEDURE
It will be the policy and practice of the City of Seaside CDBG program to conduct mid-year reallocations of CDBG funding. The purpose and intent of this is to assure the timely use of CDBG funds and to assure that funds allocated under the annual Action Plan are used effectively for the intended purpose and in alignment with the City’s Consolidated Plan priorities.

A mid-year re-allocation may be considered to be a Substantial Amendment to the annual Action Plan and may be subject to the requirements for a Substantial Amendment including public notice, consideration by the Community Development Advisory Committee (CDAC), public hearing and adoption by the City Council as described in the City’s Citizen Participation Plan.

Mid-year re-allocations of CDBG funding will be done both as a regular practice after the close of the prior fiscal year and as special re-allocations.

Regular Mid-Year Re-allocation
At the regular November meeting of the CDAC, or as soon as possible thereafter, staff will present to CDAC a reconciled summary of prior year allocations and expenditures. Staff will provide the balance of un-expended funds that are available to re-allocate. Staff will also show prior year funds that were previously re-allocated through the most recent annual Action Plan; and report on prior year, current and projected timeliness of CDBG expenditures.

When presenting funds available to re-allocate, staff may bring forward proposals for the use of funds.

CDAC will provide recommendations for re-allocation to the City Council to be considered at a regular January meeting or as soon as possible thereafter.

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56 Special Mid-Year Re-allocation
In addition to the regular mid-year re-allocation, the CDAC may choose to re-allocate funds at any time during the program year in any of the following circumstances.

1. The CDBG program is projected to not meet the requirement for timely expenditures.

2. A particular project or program is not expected to expend funds in a timely manner.

3. A particular project or program becomes unable to expend funds.

As part of the quarterly CDBG program update to the CDAC, staff will report on the timely expenditure of CDBG funds. Should the CDBG program in general be projected to not meet the requirement for timely expenditures, staff may make a recommendation to the CDAC for the reallocation of funds.

Should a particular project or program not be expected to expend funds in a timely manner, staff may make a recommendation to the CDAC for the re-allocation of funds.

A particular project or program may become unable to expend funds because it has dissolved, or has lost the capacity to complete the project or to provide services. Capacity may be lost as the result of losing key staff, the loss of an essential facility, or other factors that impede or impair progress. Staff may also recommend re-allocation if a recipient has breached the terms of the funding agreement.

Staff will make CDAC aware of any such issues in a timely manner and provide a recommendation to CDAC for re-allocation at its next regular meeting.

Also, if in the judgment of the CDAC, the CDBG program in general, or a specific project or program, is not performing satisfactorily, the CDAC may request that staff investigate and report back with a recommendation for re-allocation if found to be warranted.

General Policy
In general, CDAC will have four options for re-allocation.

1. Fund new projects brought forward by staff.

2. Supplement existing projects.

3. Fund previously considered projects that were not funded.

4. Defer re-allocation until the annual plan.

Any new or revised funding must comply with the limits on annual expenditures for public service activities and on planning and administrative uses.

All funding decisions will be based on the priorities stated in the NOFA issued for the current year as described in the adopted annual Action Plan.

The CDAC may re-allocate all or part of previously awarded funds. The CDAC may not re-allocate funds that have already been properly obligated under the terms of an active funding agreement or are otherwise currently encumbered.

Funding for new projects brought forward by City staff may be acted on by the CDAC after presentation.

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57 Projects that are currently funded under the most current annual Action Plan or prior year action plans may receive additional funding provided that the CDAC finds justification for additional funding.

Proposals that were submitted but not funded may be considered for funding at the discretion of the CDAC. Proposals that were submitted but rejected for being non-responsive or substantially incomplete will not be considered by the CDAC for mid-year re-allocations. Likewise, new or revised proposals from the public or partner agencies will not be considered by the CDAC for midyear re-allocations.

The CDAC may request additional or updated information regarding previously submitted proposals that were not funded. The CDAC is under no obligation to consider unsolicited information.

The CDAC may also defer re-allocation of funds until the next annual Action Plan. These funds will be included in the annual planning notice.

All recommendations by the CDAC for re-allocation will be presented to the City Council for action.

SUBRECIPIENT MANAGEMENT
The following are the City’s policies and procedures regarding management of CDBG subrecipients.

Subrecipients are subgrantees of the CDBG grantee. The term subrecipient has a specific meaning in the CDBG regulations. More specifically, a subrecipient must be a nonprofit public benefit corporation or a public agency. A subrecipient agreement should be used to pass CDBG requirements to the subrecipient. The management and oversight of subrecipients is a critical task of the entitlement jurisdiction. Using a subrecipient to implement the local CDBG program does not relieve the original grantee of its responsibilities under CDBG and other federal rules and regulations.

Reporting Requirements
The City has established reporting requirements for its subrecipients throughout the project term.

Subrecipients are required to submit quarterly progress reports to the City detailing funding activity, milestones reached in accordance with the project schedule, and accomplishments.

City staff will conduct all subrecipient audits or reviews necessary per federal rules and regulations.

The City is responsible for the preparation of the Consolidated Plan, annual Action Plan, and Consolidated Annual Performance and Evaluation Report (CAPER) using the information collected through any subrecipient reporting requirements established.

Monitoring
The City will monitor subrecipients for performance and program compliance. The City will monitor subrecipients to ensure activities are being carried out in a timely manner, in accordance with federal and other regulations, to ensure productivity, and to ensure the subrecipient continues to have the capacity to administer the project or program successfully. Subrecipients can be monitored through desk reviews or on-site reviews.

Monitoring will also include annual visits to the program site(s) and quarterly progress and performance reviews by the CDAC.

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58 Desk Reviews
The desk review is a key component of monitoring a subrecipient’s performance on a regular basis without conducting an on-site review. Desk monitoring will include the review of:
 Progress reports.
 Compliance reports.
 Financial information.
 Information and material submitted by the subrecipient regarding the funded grantee.

Desk monitoring is an efficient and effective way to gather additional information regarding any questions, concerns, or identified potential problem areas without having to spend staff time with on-site visits. However, on-site visits may be performed as a result of desk review findings.findings.

Financial records, supporting documents, statistical records and all other pertinent records, both electronic and on paper, shall be retained for a period of 5 years.

On-Site Reviews
The on-site review allows the City to monitor subrecipient performance and make sure record retention requirements are being followed. It also allows the City to identify and address areas of concern with property or subrecipient facilities. On-site monitoring will include review of the following
 Progress reports
 Environmental review documents-good for 5 years or the start of the new cycle of the Consolidated Plan, whichever is first to occur.
 Labor standards documentation
 Requests for payments
 Bid documents
 Contract agreements
 Facilities and project sites
 Other project-related documentation
 Financial records, supporting documents, statistical records and all other pertinent records, both electronic and on paper, shall be retained for a period of 5 years.

The City will also conduct project-specific monitoring related to schedule, accomplishments, and compliance with national objectives.

The City’s goal is to monitor subrecipients once a year. With limited staffing, annual monitoring is not always possible. In general, subrecipients who have received funding for the first time will be monitored in the first year. Subrecipients who have had a history of “clean” monitoring visits and are usually found to be in compliance with the regulations will be candidates for less frequent monitoring. Reports and progress will be regularly reviewed throughout the program year for signs of noncompliance or difficulty making progress.

Subrecipients who consistently provide complete, well-organized reports, adhere to performance goals and schedules, expend funds in a timely manner, and have a history of compliance are candidates for desk review.

Subrecipients who show the following signs of “distress” will be monitored more closely and more frequently:

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59  Incomplete, incorrect, or late beneficiary reports  Incomplete, incorrect, or late disbursement requests
 Falling short of goals or performance timelines
Subrecipients who exhibit these “symptoms” will require immediate intervention:
 Expenditure of funds on other than the approved scope of work  Failure or refusal to document low- and moderate-income household benefit  Failure to make progress and/or request funds more than 6 months after award of funds CDAC Monitoring
The CDAC will schedule annual visits to each project site. These visits will be publicallypublicly noticed as a special meeting of the CDAC. Recipients of CDBG funds will be expected to provide a tour of the project or program site(s), introduce key staff, and provide a summary of the program and accomplishments. CDAC members may request to see project files and inquire into the administrative capacity of the subrecipient.

Shortly after the end of each quarter, the CDAC will review the performance of each subrecipient.

The CDAC has a critical role in the City’s annual Performance and Evaluation Report (CAPER).

Monitoring Schedule
The City will monitor subrecipients each year. The City will be reviewing the activities of the preceding year. The City will schedule on-site monitoring by sending a formal letter from the City.

The schedule will be provided to the CDAC in advance and results will be presented during a CDAC meeting following the monitoring .

Technical Assistance/Capacity Development
Monitoring a subrecipient is an opportunity to identify any concerns or capacity issues. It also provides an opportunity to offer the subrecipient technical assistance. Technical assistance will be ongoing throughout the project term and include various techniques exercised by the grantee.

To assist in limiting inadequate performance of subrecipients and to help build capacity, the City will conduct orientation sessions and application workshops. This type of technical assistance will typically be held at the beginning of a funding cycle.

The City will provide technical assistance on a one-on-one basis rather than in a workshop setting aimed at a larger audience. Meeting with a subrecipient individually will provide the opportunity for City staff to work with the subrecipient on specific weaknesses or to improve performance regarding a particular project under way.

Managing Non-Performing Subrecipients
When performance problems arise with subrecipients, the City will take corrective action. The type and degree of the corrective action will vary with the extent of the problem. Any corrective action will be measured, incremental, and documented, with the goal of guiding the subrecipient back into compliance. Corrective actions the City may take include:
 Advising the recipient via letter of deficiencies or performance issues requiring correction of any unresolved issues.
 Providing technical assistance or training to assist in resolving issues.  Implementing more reporting requirements to be met by the subrecipient.

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60  Conducting more frequent monitoring visits.
 Restricting payment requests.
 Disallowing specific expenses.
 Implementing a probationary status.

More serious corrective actions that could be implemented as a result of unresolved issues or continuous poor performance include:
 Suspending the subrecipient from participation in the program.  Terminating the subrecipient agreement or recapturing funds.  Taking legal action if necessary.

Forms
The City will require standard forms from the subrecipient to ensure compliance with HUD requirements. The City will create its own forms for application, payment, and reporting purposes.

The City will always have a subrecipient agreement or contract as a standard form to be signed by both parties. Other standard forms that may be provided to the subrecipient for submission to the City include the following:
 Application forms
 Requests for Payments
 Progress Report forms
 Monitoring forms
 Project closeout forms
Resources
HUD has published several useful guidebooks on subrecipient management for reference by City staff. They are:
 “Managing CDBG: A Guidebook for Grantees on Subrecipient Oversight”  “Playing by the Rules: A Handbook for CDBG Subrecipients on Administrative Systems”  “Training CDBG Subrecipients in Administrative Systems” These guidebooks are available on the web at:
https://www.hudexchange.info/resources/

MEASURING PERFORMANCE OF CDBG FUNDED ACTIVITIES
The U.S. Department of Housing and Urban Development (HUD) has developed an outcome performance measurement system for the Community Development Block Grant (CDBG) Program.

All activities funded with CDBG dollars will be required to comply with the outcome performance measurement system.

The implementation of the outcome performance measurement system and its use by grantees will enable HUD to collect information on the outcomes of activities funded with CPD formula grant assistance. This data will be entered into the Integrated Disbursement and Information System (IDIS) and will be aggregated at the national level to provide HUD with the information necessary to show the national results and benefits of the expenditure of federal funds allocated by Community Planning and Development (CPD) formula grant programs.

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61 The outcome performance measurement system has three overarching objectives: (1) Creating Suitable Living Environments, (2) Providing Decent Affordable Housing, and (3) Creating Economic Opportunities. There are also three outcomes under each objective: (1) Availability/Accessibility, (2) Affordability, and (3) Sustainability. Thus, the three objectives, each having three possible outcomes, will produce nine possible ``outcome/objective statements'' within which to categorize formula grant activities.

The intent of the project/program/activity will determine which of the three objectives best describes the purpose of the activity.

The three objectives are:

Suitable Living Environment - In general, this objective relates to activities that are designed to benefit communities, families, or individuals by addressing issues in their living environment.

Decent Housing - Activities that typically would be found under this objective are designed to cover the wide range of housing possible under CDBG. This objective focuses on housing programs where the purpose of the program is to meet individual family or community needs and not programs where housing is an element of a larger effort, since such programs would be more appropriately reported under Suitable Living Environment.

Creating Economic Opportunities - This objective applies to the types of activities related to economic development, commercial revitalization, or job creation and/or opportunities through programs and financial resources that provide assistance and improvement of human performance, motivation, and productivity; bettering the conditions under which people live, learn and work.

Once the objective for the activity is determined, then one of the three outcome categories will reflect what the activity is seeking to achieve. It is important that the data is not diluted by too much information therefore, it is encouraged to appropriately fit the activity with one of the three HUD established outcomes.

The three outcome categories are:

Availability/Accessibility. This outcome category applies to activities that make services, infrastructure, public services, public facilities, housing, or shelter available or accessible to low-and moderate-income people, including persons with disabilities. In this category, accessibility does not refer only to physical barriers, but also to making the affordable basics of daily living available and accessible to low and moderate income people where they live.

Affordability. This outcome category applies to activities that provide affordability in a variety of ways in the lives of low- and moderate-income people. It can include the creation or maintenance of affordable housing, basic infrastructure hook-ups, or services such as transportation or day care.

Sustainability: Promoting Livable or Viable Communities. This outcome applies to projects where the activity or activities are aimed at improving communities or neighborhoods, helping to make them livable or viable by providing benefit to persons of low- and moderate-income or by removing or eliminating slums or blighted areas, through multiple activities or services that sustain communities or neighborhoods.

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62 Each outcome category can be connected to each of the overarching objectives, resulting in nine groups of outcome/objective statements under which the City of Seaside will report the activity or project data to document the results of the funded activities or projects. Each activity will provide one of the following statements [although sometimes an adjective such as new, improved, or corrective may be appropriate to refine the outcome statement]:

Accessibility for the purpose of creating suitable living environments Accessibility for the purpose of providing decent affordable housing Accessibility for the purpose of creating economic opportunities Affordability for purpose of creating suitable living environments Affordability for the purpose of providing decent affordable housing Affordability for the purpose of creating economic opportunities Sustainability for the purpose of creating suitable living environments Sustainability for the purpose of providing decent affordable housing Sustainability for the purpose of creating economic opportunity There are certain data elements commonly reported by all programs. Reporting data elements required for CDBG include:

Amount of money leveraged (from other federal, state, local, and private sources) per activity; Number of persons, households, units, or beds assisted, as appropriate; Income levels of persons or households by: 30 percent, 50 percent, 60 percent, or 80 percent of area median income, per applicable program requirements. However, if a CDBG activity benefits a target area, that activity will show the total number of persons served and the percentage of low/mod persons served.

Race, ethnicity, and disability for persons, households, units or beds assisted, as appropriate.

The standardized “outcome performance measurement system” provides for a uniform reporting format, and therefore the achievements of the CPD grant programs can be aggregated for each grantee locally and for all grantees at the national level.

CITY OF SEASIDE CDBG REPORTING/IMPLEMENTATION

PROCEDURES
In accordance with CDBG regulations, the entities submitting proposals will select one objective and one outcome for each proposed project/activity/program submitted for its performance reporting standard(s).

Performance measurement and outcome (output) reporting by the entity is required each quarter throughout the program year with a culmination of all performance and outcome reported in Packet Page 124
63 the Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER conveys outcomes/output in direct correlation to an entity’s funding application, with annual performance being measured against actual outcome/output and the outcome (proposed and defined) in the entity’s application and grant agreement for funding.

Minimally, the required quarterly reporting, regardless of project/activity progress, will consist of two main reports (as identified below).
o Report on Program Performance – with indicators based on the project/activity and outcome (e.g. Scope of Service Goals, Quarterly Results, Description of outcome results to date, and a Narrative explaining problems, or accomplishments pertaining to the performance objectives).
o Beneficiary and Client Characteristics Report, which identifies the number of persons/households assisted, race, ethnicity, disability, age, income level, number of persons in household, etc.)
o Employee activity will also be required if the entity receives funding for personnel or staff related costs.

Quarterly reports will be due no later than the 15th day of the month following the end of each reporting quarter. The City will withhold any or all payments otherwise due or requested by the entity for incomplete, delinquent, or neglect until the entity fully cures or performs the reporting obligation. Additionally, the City will not be liable for costs incurred or expenditures made by the entity, during the default period of performance reporting.

INTERNAL CONTROLS AND REPORTING TO CITY OF SEASIDE
City Hall – The operating hours for City Hall are Monday-Friday 8am-5: pm.

City Council Meetings are held the 1st and 3rd Thursday of each month.

CDBG funds are disbursed for Public Service Programs/Projects On A Reimbursement Basis Only!.

Costs associated with Acquisition, Rehabilitation, Clearance/ Demolition, Code Enforcement, Construction of Housing, Homeownership Assistance, Public Facilities and Improvements, and Other Eligible Activities will be disbursed by the City of Seaside Community Development Division, on behalf of the subrecipient, to the appropriate entity - Funds will not be expended prior to the first day of the fiscal year funded.

Contact City Staff for details and the possible financial impact to the proposed project regarding any of the following:
 Demolition of any occupied or unoccupied dwelling unit or any household being required to either move or pay increased housing costs (including housing occupied by tenants and being purchased with homebuyer’s assistance).
 Construction /Rehabilitation project costs affected by labor standards (Davis-Bacon Federal Wage) requirements.
 Housing Rehabilitation projects affected by HUD’s Lead-Based Paint regulations.

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64  City of Seaside and professional service cost for any changes in zoning, platting, variances, etc.

PROCUREMENT
This section describes how the City will procure supplies, equipment, and services fully compliant with the requirements attached to federal funding provided to the City in the form of both the award of grants and program income generated by grant, and specifically the requirements of Title 24 CFR 85.36. The standards and procedures for procurement are intended to ensure that supplies, equipment, construction, and other services acquired in whole or in part with federal funds are obtained as efficiently and economically as possible and are procured in a manner that provides, to the maximum extent practical, open and free competition.

The City will use these locally adopted procedures for procurement transactions to ensure that:
• The purchase of unnecessary or duplicate items is avoided. Where appropriate, an analysis should be made of lease versus purchase alternatives (24 CFR

85.36(b)(4)).
• Whenever possible, use of federal excess and surplus property, or of intergovernmental agreements for procurement or use of common goods and services, should be considered as a way to foster greater economy and efficiency (24 CFR 85.36(b)(5) and (6)).
• All purchase orders and contracts will be signed by the designated authorized official(s).
• All items delivered and paid for are consistent with the purchase order and/or contract for the goods or services.
• Timely payment to vendors occurs once the order is delivered, inspected, accepted, and payment authorized.

RECORDS AND FILES
The City shall require that its CDBG subrecipients and contractors retain records for their CDBGsponsored activity for a period of five years. The City shall incorporate the records retention requirement in its written agreements with subrecipients and contractors and shall specify the records to be maintained. The records that subrecipients and contractors will ensure that the City, IIUD, and other federal funding agencies have timely access to include the following:

1. Certification of the income status of beneficiaries served. Supporting documentation for the determination of income status includes proof of income from sources including, but not limited to: income tax returns, copies of paychecks, social security payments, pension payments, trust payments, and/or evidence of public benefits. If the subrecipient/contractor is unable to obtain documents supporting a beneficiary's income status, the subrecipient/contractor may use and keep on record self-certification forms completed by the beneficiary. If the beneficiary falls under a presumed benefit category, Packet Page 126
65 documentation supporting the presumed benefit determination shall be kept on file by the subrecipient/contractor. Income-certifying forms shall show the income limits applied and the date at which eligibility was determined. All income- certifying forms shall include the beneficiary's signature attesting to their stated income/income status.

2. Data on the racial, ethnic, and gender characteristics of beneficiaries served, including all quarterly and annual reports submitted to the City.

3. A copy of the written agreement between the City and the subrecipient/contractor for the CDBG-funded activity.

4. Financial records supporting requests for reimbursement including invoices/expenditure reports, staff timesheets, payroll records, proof of payment of fringe benefits, receipts and/or other documentation supporting the requested reimbursement.

5. The subrecipient's/contractor's application to the City for CDBG funding.

6. The subrecipient's/contractor's annual audit/financial statements.

7. The subrecipient's/contractor's year-end funding sources report (documentation of leveraging of resources).

8. Any other books, documents, papers, and records of the subrecipient/contractor which are directly pertinent to this project or to the Housing and Community Development Act program activities, for making audits, examination, excerpts, and transcriptions.

SOLICITATIONS AND AWARDS
Every solicitation for goods and services made by the City will explain all the requirements that the bidder/offeror has to meet for his or her bid/offer to be evaluated by the grantee. Solicitations for goods and services will contain a clear and accurate description of the material, product, or service to be procured and will not contain features which unduly restrict competition.

Awards will be made to the bidder/offeror whose bid/offer is responsive to the solicitation and is most advantageous to the City, price, and other factors considered. Any and all bids may be rejected when it is in the City’s best interest to do so.

The City will ensure that awards are made only to responsible contractors possessing the ability to perform successfully under the terms and conditions of the proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

COST/PRICE ANALYSIS
A cost or price analysis will be performed for every procurement action, including contract modifications, and documentation to that effect will be maintained in the CDBG grant files. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the City will make independent estimates before receiving bids or proposals (24 CFR 85.36(f)).

Profit or Fee
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66 Profit or fee will be negotiated separately from price where competition is lacking or a cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of past performance, and industry rates for the area (24 CFR

85.36(f)(2)).

Contract Pricing
The City will not use “cost plus a percentage of cost” pricing for contracts (24 CFR 85.36(f)(4)). The City will use “time and material” type contracts only after a determination is made that no other contract is suitable and the contract includes a ceiling price that the contractor exceeds at its own risk (24 CFR 85.36(b)(10)).

PROTEST PROCEDURES
Grantees and subgrantees will have protest procedures to handle and resolve disputes relating to their procurements and shall in all instances disclose information regarding the protest to the awarding agency. A protestor must exhaust all administrative remedies with the grantee and subgrantee before pursuing a protest with the federal agency. (24 CFR 85.36(b)(12)

CONFLICT OF INTEREST
This written code of conduct governing City’s employees, officers, or agents engaged in the award or administration of contracts is intended to be in compliance with 24 CFR 85.36(b)(3).

No employee, officer, or agent of the City may participate in the selection for, award, or administration of a contract supported by federal funds if a conflict of interest, explicit or implicit, exists. Such a conflict would arise when the employee, officer, or agent, any member of his/her immediate family, his/ her business partner, or an organization which employs, or is about to employ, any of the above has a financial interest in, or a familial relationship with the principals of, the firm selected for award.

The City’s officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements.

In the event that there is the appearance of a conflict of interest or the potential for a conflict of interest, the City shall submit to the granting agency a written request to grant an exception to the provisions of paragraph (b) of 24 CFR 570.611. The City will show it has satisfactorily met the threshold requirements of paragraph (d)(1) of 24 CFR 570.611, taking into account the cumulative effects of paragraph (d)(2) of this section. The City will provide a disclosure of the nature of the perceived conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made, and an opinion of the recipient’s attorney that the interest for which the exception is sought would not violate state or local law.

BONDING AND INSURANCE
All agencies or companies receiving CDBG funds must provide documentation of liability insurance, workers’ compensation, and unemployment and disability insurance. This proof of insurance will be attached to the agreement for services and be in the procurement file.

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67 For construction or facility improvement contracts and subcontracts exceeding $100,000, the City will ensure that its procurement meets the minimum federal requirements (24 CFR 85.36(h)) for bid guarantees, performance bonds, and payment bonds. For such contracts and subcontracts, the City will require the following:
• A bid guarantee from each bidder equivalent to 5% of the bid price. The bid guarantee must be a firm commitment in the form of a bid bond, certified check, or other negotiable instrument as assurance that the bidder is prepared to execute a contract within the time specified for the bid amount. • A performance bond from the (sub)contractor for 100% of the contract price exceeding $100,000 to secure the (sub)contractor’s fulfillment of all obligations under the contract.
• A payment bond from the (sub)contractor for 100% of the contract price to assure payment of all persons supplying labor and material under the contract.

A payment and performance bond may be issued as is customary.

FEDERAL DEBARMENT AND STATE LICENSE STATUS
The City will use the federal online Excluded Parties Listing System (“EPLS”) to determine whether any party to receive federal funding through the City (e.g., a person, firm, or other entity) has been excluded from receiving federal funds. The URL for the EPLS is https://www.epls.gov/. A determination must be made prior to awarding funds or otherwise making any commitment of funds. (This excludes persons directly benefiting from the use of grant funds.) If the service being procured requires a state license (contractor, engineer, architect, or other), documentation that the license is current will be obtained from the contractor or consultant and will be verified with the licensing agency.

In the case of the award of funds granted by HCD, the City will send this documentation and verification to HCD prior to executing any agreement with said recipient. Copies of debarment and license checks will be kept in the procurement and public information files.

No contract will be awarded to a party that is debarred from receiving federal funding or is not appropriately licensed to perform the contracted work.

LOCAL, SMALL, MINORITY, AND/OR WOMEN-OWNED BUSINESSES
The City will make every effort to use local business firms and to contract with small, minorityowned, and women-owned businesses. Specifically, the City will take affirmative steps to use small firms, minority-owned firms, women-owned firms, or labor surplus area firms in the grantee’s CDBG-financed activities (24 CFR 85.36(e)).

The affirmative steps the City will take will include:
a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
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68 b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and e. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

The City will also require of each prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e) above. This will be enforced through the contract between the prime and all lower tier contractors.

Section 3 of the Housing and Community Development Act of 1968 states that: to the greatest extent feasible, the City will award contracts for work to be performed to eligible business concerns located in or owned by residents of the target area. This stipulation is to ensure that the employment and other economic opportunities generated by federal financial assistance for housing and community development programs is, to the greatest extent feasible, directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing (see 24 CFR 570.607(b)).

OTHER REGULATIONS AND REQUIREMENTS
Pre-Qualified Lists of Vendors/Contractors
If such lists are used, they will be current, developed through open solicitation, include adequate numbers of qualified sources, and allow entry of other firms to qualify at any time during the solicitation period (24 CFR 85.36(c)(4)).

Unfair Competitive Advantage
To eliminate unfair competitive advantage, if the City uses a contractor to develop or draft specifications, requirements, statements of work, invitations for bids, and/or requests for proposals, the City will exclude that contractor from the competition for such services.

No Loss Leader Arrangements
Any “loss leader” type of arrangement in which a consultant offers to provide free services before an applicant receives a grant in return for a future contract is specifically prohibited.

PROCUREMENT OPTIONS
To the extent not in conflict with state laws or local regulations, the City will utilize the following procurement options:
• Small purchase;
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69 • Competitive sealed bid;
• Competitive proposals; or
• Non-competitive /sole source.

Among these procurement approaches, the City prefers a competitive sealed bid that results in a firm, fixed-price contract where there are numerous available and qualified providers, where the requirements and specifications are thoroughly detailed and are unlikely to change, and where the grantee has the opportunity to make the provider assume a large share of the risk for nonperformance.

SMALL PURCHASE
The City will follow the City’s local small purchase procurement policy since it is at least as stringent as the federal policy, described below.

The small purchase method will be used for procurement of $100,000 or less in the aggregate, per 24 CFR 85.36(d)(1). Competition will be sought through formal or informal written price quotations.

The City will document the receipt of no less than three (3) price or rate quotations from qualified vendors.

COMPETITIVE SEALED BID [24 CFR 85.36(D)(2)]
The competitive sealed bid is the preferred method for procuring construction services. This method will lend itself to a firm, fixed-price contract (lump sum or unit price) where the selection can be made principally on the basis of price.

The City understands that it must receive at least two (2) or more responsive bids for each procurement action. The lowest responsive bidder will be awarded the contract for goods or services, or otherwise selected. The City reserves the right to reject all bids and not select any of the bidders.

Invitation for Bid
The City will advertise the Invitation for Bid (“IFB”) in publications of general circulation. The IFB will indicate the nature of the work, the due date for responses, where responses should be submitted, and where the complete bid packet may be obtained. If there is a cost associated with obtaining plans or specifications, the IFB will indicate the cost. The IFB will also announce the time and place for the bid opening.

The IFB will announce the source of funds and the applicability of state and/or federal requirements to the work, specifically Section 3 and federal wage and work hours requirements.

The bid packet will include complete and accurate specifications and pertinent attachments, and clearly define items or services needed, in sufficient detail for the bidders to properly respond.

Bid Opening
Bids will be opened publicly at the time and place stated in the IFB.

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70 COMPETITIVE PROPOSALS [24 CFR 85.36(D)(3)]
Competitive proposals are of two (2) types: Request for Proposal and Request for Qualifications.

Request for Proposals
The Request for Proposals (“RFP”) will clearly and accurately state the technical requirements for the goods and services required.

The City will publicize the RFP, and to the maximum extent practicable, honor reasonable requests by parties to have the opportunity to compete. Proposals will be solicited from an adequate number of qualified sources, consistent with the nature and requirements of the procurement.

The City will conduct a technical evaluation of the submitted proposals to identify the responsible offerors. As necessary, the City will conduct negotiations with those offerors who are deemed responsive and responsible and fall within a competitive price range, based on the City’s evaluation of the bidders’ pricing and technical proposals. After negotiations, these bidders may be given the opportunity to submit a “best and final” offer.

The City will award the contract to the most responsive and responsible offeror after price and other factors are considered through scoring the proposals or best and final offers according to predetermined evaluation criteria. The successful proposal/offeror will be shown to clearly be the most advantageous source of the goods and services.

Request for Qualifications
For procurement involving architecture or engineering services, the City may use the Request for Qualifications (“RFQ”) competitive proposal procedure whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. In these instances, price will not be used as a selection factor.

Once the most qualified firm is identified, only that firm will be asked for a price proposal, which is subject to negotiation of a fair and reasonable price. If negotiations with the selected firm are unsuccessful, this process will be repeated with the next highest ranked firm, until a fair and reasonably priced contract can be awarded.

The City will document the basis for its determination of the most qualified competitor and the reasonableness of the contract price. This qualifications-based approach to the competitive proposals method will only be used to procure architectural and engineering services (24 CFR

85.36(d)(3)(v)).

NON-COMPETITIVE PROPOSALS/SOLE SOURCE [24 CFR PART 85.36 (D)(4)] In the event that sufficient outreach efforts were made, but there were not enough interested parties in the area who want to bid on the scope of work, the City will seek HCD approval to award a sole source contract. This method will be used only under very limited circumstances.

The City will always obtain HCD approval prior to the procurement of a contactor using this method. When requesting permission to use this method, the City will submit a formal written request to HCD along with documentation showing that another method of procurement was not feasible because:

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71 • The item or service was only available from a single source; • A public emergency or condition requiring urgency existed which did not permit the use of competitive procurement; or
• Competition was determined to be inadequate after solicitation of proposals from a number of sources and only a single source responded.

DUPLICATION OF BENEFITS
The purpose of a policy on Duplication of Benefits (DOB) is to ensure that the City of Seaside is not providing federal funds to pay for particular costs where there is another source of federal financial assistance that has paid for that same cost. Further, this document will identify specific processes that will assist in preventing the DOB.

It shall be the policy of the City of Seaside to take affirmative steps to ensure that a duplication of benefit does not occur in the administration of its CDBG funding. Subrecipients and partners responsible for implementing projects and activities funded under the City of Seaside CDBG grants shall be required to adhere to the policy and procedures outlined in this document.

A duplication of benefits occurs when a person, household, business, government, or other entity receives financial assistance from multiple sources for the same purpose, and the total assistance received for that purpose is more than the total need for assistance.

The City’s assigned CDBG staff will be responsible for ensuring compliance by subrecipients and other partners. In addition to the procedures below, all grant agreements must contain language indicating that any duplication of benefit received post-award will require repayment.

No proposals that duplicate a benefit at the time of funding will be recommended for approval. An analysis of funding available and current unmet need will be conducted prior to finalizing agreements. City staff will consult with professional partners when reviewing proposals to ensure there are not alternative funding sources available.

Prior to award, City staff shall identify total need and determine whether all costs are reasonable and necessary. City staff shall require applicants to identify all sources of funding received and reasonably anticipated and provide supporting documentation of such sources. City staff shall require the applicant to certify that all assistance is reported.

To assist in determining the unmet need, all expenses for which the applicant requests reimbursement shall be entered into a DOB Worksheet. All payments received or anticipated for the expenses shall also be entered. The difference between the total expenses and total payments received or anticipated shall be the maximum amount of CDBG assistance.

If City staff determine that CDBG funding will not be a duplication of benefit, the City will will execute a grant/loan agreement with recipient/beneficiary. The agreement for assistance must contain the following provisions:

Any additional funds received will be reported to the program administrator within 15 calendar days of receipt. If the additional funds are determined to be duplicative, the award will be reduced and/or the recipient/beneficiary will be required to repay any disbursed duplicative benefit.

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72 If it is found that a duplication of benefits occurs after the award of CDBG funds the applicant/beneficiary must repay the CDBG funds.

During subrecipient monitoring, City staff shall require all subrecipients to report and certify whether additional funds were received, the amount, and when funds were received. If additional funds were received that are determined to be duplicative, repayment shall be required in accordance with the subrecipient agreement.

It is the policy of the City of Seaside to recapture any funds that are determined to be a duplication of benefits with other federal assistance.

OTHER FEDERAL LAWS, REGULATIONS, AND EXECUTIVE ORDERS
The rules and requirements for CDBG have several additional broad federal rules that must be adhered to in the course of administering the program. The City of Seaside is responsible for implementing these rules. Owners, developers, sponsors, CHDO's and other nonprofits must also be aware of the application of the rules to ensure a project or activity's compliance.

THE CITY OF SEASIDE, ELIGIBLE ENTITIES, SUB-RECIPIENTS, AND CITY

DEPARTMENTS RECEIVING/AWARDED FEDERAL FUNDS FROM THE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, MUST COMPLY WITH THE FOLLOWING FEDERAL LAWS, EXECUTIVE ORDERS AND REGULATIONS.

Title IV of the Civil Rights Act of 1964 as amended (42 U.S.C. 200d et seq.) all California State Statutes and City of Seaside Ordinances regarding enforcement of civil rights The Fair Housing Act (42 U.S.C. 3601-3602) (24 CFR Part 100-115); Public Law 889-352 and 90-284 affirmatively furthering fair housing and Executive Order 11063 as amended and Federal Code Title 5 USCA 7142, Sub-Chapter 11, and State of California laws and statutes and City of Seaside ordinances regarding enforcement of Civil Rights and Section 109 of the Act Equal Opportunity in Housing (executive Order 11063 as amended by Executive Order 12259)
Age Discrimination Act of 1975 as amended (42 U.S.C. 6101) ALL CDBG assisted projects require the recipient of the CDBG funds to recognize the CDBG funding for the project. All activities, facilities, and items utilizing the CDBG funds shall prominently be labeled as to the funding source(s). Recipients of CDBG funding will include reference to the support provided by the CDBG funds in all publications and all project sites with the following reference:
~ On Documents - on the front cover, title page, etc.:
“This document is prepared in accordance with the City of Seaside’s Community Development Block Grant Program, with funding received from the U.S. Department of Housing and Urban Development.”
~ On Project Site – at the street, information poster, etc.:

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73 “This project is funded (in whole/in part) through the City of Seaside’s Community Development Block Grant Program with funding received from the U.S. Department of Housing and Urban Development.”
Americans with Disabilities Act (42 I.S.C. 12131; 47 U.S.C. 155, 201, 218, and 225) Design and construction requirements at 24 CFR 100.205 which implement the Fair Housing Act (42 U.S.C. 3601-19)
Section 504 of the Rehabilitation Act of 1973 (for any recipient or subrecipient principally involved in housing or social services, ALL of the activities of the agency--not just those directly receiving federal assistance--are covered under Section 504.

Employment and contracting; Equal Employment Opportunity Executive Order 11246 as amended
Section 3 of the Housing and Urban Development Act of 1968; Employment and contracting opportunities Executive Order (E.O.) 11246, amended by E.O. 11375, 11478, 12086, 12107 and 13279, Section 109 of the Act
Minority/Women's business Enterprise Executive Orders 11625, 12432 and 12138 prescribe procedures acceptable to HUD for a minority outreach program to ensure the inclusion, to the MAXIMUM EXTENT POSSIBLE, of minorities and women, and entities owned by minorities and women in ALL contracts using CDBG funds. (24 CFR 85.36(e)) Labor requirements require compliance with regulations on wage and labor standards for all construction contracts in excess of $2,000 and for new construction or rehabilitation/ reconstruction with eight (8) or more housing units of residential property* [single-family homeowner properties are excluded]. * However, property is not limited to a specific building.

Examples of 8+ unit properties may include: 5 townhouse buildings side-by-side which consist of 2 units each; 3 apartment buildings each consisting of 5 units and located on one tract of land; 8 single-family (not homeowner) houses located on contiguous lots.

Special Note - When CDBG funds are used for a portion of the construction, in conjunction with other funding sources, labor standards are applicable to the entire construction work.

Specific compliance with the following:

Davis Bacon and Related Acts (40 U.S.C. 276(a)-7)
Contract Work Hours and Safety standards Act as amended (40 U.S.C. 327-333) Copeland (anti-kickback) Act (40 U.S.C. 276(c))
Fair Labor Standards Act of 1938 as amended (29 U.S.C. 201 et. seq.) Contracting and Procurement Standards of 2 CFR Section 20024 CFR 85.36 and 24 CFR part 84 including Conflict of Interest provisions and employment of approved contractors, directly or indirectly, who have been debarred, suspended or placed on ineligibility status to contract with programs utilizing federal funds.

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74 Environmental Reviews in accordance with 24 CFR 58 for all CDBG funded projects- Life of an environmental review is 5 years from the start of the project or the new cycle of the consolidated plan, whichever occurs first.

National Flood Insurance Program policies -Section 202 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106)
Site and Neighborhood standards in compliance with Title VI of the Civil Rights Act-1964, the Fair Housing Act and Executive Order 11063 and 24 CFR 983.6(b) Lead Based Paint Requirements of Title X of the Housing and Community Development Act of 1992, as amended, sections 1012 and 1013 (24 CFR Part 35) Displacement, Relocation, Acquisition, and Replacement of Housing policies in accordance with The Act and provisions of the Uniform Relocation Act Use of debarred, suspended or ineligible contractors or subrecipients Uniform administrative requirements and cost principles Conflict of interest policies
E.O. 12372 Intergovernmental Review of Federal Programs Eligibility restrictions for certain resident aliens.

Architectural Barriers Act and the Americans with Disabilities Act Use of funds for sectarian religious purposes as described in 24 CFR Part 92 et al.

Compliance with confidentiality clauses of 42 CFR part 2.

Drug Free Facilities
Organizations that are religious or faith-based are eligible, on the same basis as any other organization. Neither the federal government nor a state or local government receiving funds under a HUD funded program shall discriminate against an organization on the basis of the organization’s religious character or affiliation.

A religious organization or entity that participates in the HUD-funded programs will retain its independence from federal, state, or local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs. No HUD-funded programs shall directly support any inherently religious activities, such as worship, religious instruction, or proselytization.

Faith-based organizations may use space in their facilities, without removing religious art, icons, scriptures, or other religious symbols. In addition, the religious organization shall retain its authority over its internal governance, and it may retain religious terms in its organization’s name, select its board members on a religious basis, and include religious references in its organization’s mission statements and other governing documents.

Organizations successful in receiving an award of funds may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded under this part. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part and participation Packet Page 136
75 must be: voluntary; the organization shall not, in providing assistance, discriminate on the basis of religion or religious beliefs, there shall be no religious test for admission for services; there shall be no requirement for attendance of religious services; there shall be no inquiry as to a client's religious preference or affiliation for the HUD-funded programs or services.

The entity will meet all requirements of the Americans with Disabilities Act of 1990 (ADA), and comply with all applicable rules and regulations which would be imposed on the City of Seaside as a public entity; be cognizant of all applicable requirements of the ADA and to defend, indemnify and hold harmless the City of Seaside, its officials, agents and employees from any and all claims, actions, suits, or proceedings (of any kind) brought as a result of any actions or omissions of the eligible entity or its agents in violation of the ADA.

CORONAVIRUS AID, RELIEF, AND SECURITY ACT (CARES ACT)

PROGRAM POLICIES AND PROCEDURES

SUMMARY
The City of Seaside will be granted an additional $560,163 in CDBG-CV funds through the Coronavirus Aid, Relief, and Security Act (CARES Act). The U.S. Department of Housing and Urban Development (HUD) has also granted the City with waivers and suspensions to certain Community Development Block Grant (CDBG) funds as well as guidelines for CDBG-CV funds to maximize available funds to combat the coronavirus 2019 (COVID-19). To implement such funds and waivers, the City is required to amend their 2019-2020 Annual Action Plan and Citizen Participation Plan. CDBG-CV funds is a HUD-given grant which may solely be used to prepare, prevent, and respond to the infectious disease.

BACKGROUND
The CARES Act was approved and enacted on March 27, 2020 due to the spread COVID19. HUD recognized the impacts of such pandemic and will be providing the City with additional CDBG-CV funds to assist affected residents and City Staff. In order for the City to receive and implement these funds from HUD, the City must amend their 2019-2020 Annual Action Plan and Citizen Participation Plan. In addition, HUD has also granted the City with waivers and suspensions to certain Community Development Block Grant (CDBG) funds. The purpose of these waivers is to maximize the available amount of funds Packet Page 137
76 that may be used for those impacted by COVID-19. However, these waivers do not apply to environmental, fair housing, labor, and nondiscrimination regulations.

As required by Title I of the Cranston-Gonzalez National Affordable Housing Act, the City of Seaside has an approved Annual Action Plan for the 2019-2020 fiscal year. This Plan outlines the activities and expected allocation for that year. The City also has a Citizen Participation Plan which outlines procedures for citizen participation in the planning process of the Consolidated Plan, particularly to those living in slum and blighted areas and/or areas to be affected by the proposed funds.

According to 24 CFR 91.505 and the City’s Participation Plan, the City must amend plans if the following substantial changes are planned:
 The addition of a new federally funded activity; a 20%+ increase or decrease in funding for an existing federally-funded activity; the deletion of an activity that is funded exclusively with federal monies, or the deletion of an activity that is partially funded with federal monies, if the federal funding for the project constitutes more than 15% of the City's annual entitlement grant.

The City of Seaside expects to fund new and increase funding to activities through additional CDBG-CV funds for the 2019-2020 fiscal year thus is required by HUD to make substantial amendments to the 2019-2020 Annual Action Plan. The City expects to use CDBG-CV funds for emergency food preparation and delivery; fund vaccination clinics by Visiting Nurses Association, vaccination clinics. Outreach of this program will be through the Fire Department, Meals on Wheels, and Food box distribution and administrative costs. All the proposed activities are eligible and will assist the City with COVID-19 relief efforts.

The Citizen Participation Plan will be amended to expedite funding procedures and protect the health of residents and City Staff. The City will be providing reasonable opportunity to comment and notice. This change will be applied to the 30-day comment period to 5-days. Public noticing will also be amended to the allowed 5-days. Additionally, HUD is no longer requiring in-person hearings. Virtual public hearings may be used to fulfill the in-person hearing requirements and the City will implement this rule to facilitate social distancing while providing residents with the opportunity to participate.

The City of Seaside has requested and been approved of the following CDBG/CDBG-CV Funds waivers and suspensions.

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77  Consolidated Planning Requirements – CDBG – Citizen Participation Public Comment Period for Consolidated Plan Amendment
 Consolidated Planning Requirements – CDBG – Citizen Participation Reasonable Notice, and Opportunity to Comment; and
 15 Percent Public Services Activities Cap – Eliminate Cap to Fund Public Services Activities.

With these waivers, the City may fund additional public service activities without the 15 percent cap limitation to serve residents affected by COVID-19. The City may also provide a 5-day public notice and commenting period to expedite procedures. These waivers will assist greatly with the combat of an infectious disease.

The primary purpose of the Housing and Urban Development (HUD) CARES Act CDBG-CV funding is for those activities carried out to prevent, prepare for, and respond to the coronavirus pandemic. The CARES Act identifies four general categories for eligible activities. These categories are as follows
- Assist public services with the increase in demand for service - Economic development and microenterprise business assistance - Public facilities enhancement to support infectious disease treatment - Conversion of private buildings to housing
Eligible activities the City is considering for consideration of funding include the following:
- Mitigation of economic disruptions caused by stay-at-home orders and social distancing requirements by providing short-term assistance to small businesses for retention of jobs held by low and moderate-income persons. Funds could be used for rent assistance, utility assistance or purchase of materials or construction assistance required to reopen
- Creation and management of temporary emergency shelters for individuals and families experiencing homelessness, including operations, security, food, maintenance, furnishings, utilities, and human services for counseling, housing navigation, etc.;
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78 - Acquisition, rehabilitation, construction of a facility for testing, diagnosis or treatment. This would include the preparation of an existing City facility to serve as a coronavirus vaccine distribution location.

Eligible activities for CDBG-CV3 funding allocations may be considered for costs that were incurred on or after January 21, 2020 (the date the CDC confirmed the first case of coronavirus in the United States). The CDBG-CV3 funds may be allocated by the City through 2025; eighty (80%) percent of the entitlement must be expended by the end of the third year of the performance period, or by December 31, 2023.

It is important to note the recipients of any CDBG-CV funding address needs that have not been covered by other sources of financial assistance, such as the Payroll Protection Program (PPP) or the Economic Injury Disaster Loans (EIDL). Because there is a large amount of financial assistance to small businesses available, grantees must have procedures to prevent the duplication of benefits between various programs. Grantees are required to carefully document the distribution and use of funds to satisfy the statutory purposes of the CARES Act. Prohibited uses of CDBG-CV funds include acquisition of personal property and Equipment.

Updates to the City’s CDBG 2020 Annual Action Plan and 2020-2025 Consolidated Plan to reflect the additional entitlement funding and the City Council’s direction on allocation of CDBG-CV funds.

COORDINATION
As the program to allocate the COVID-19 funds are developed, Community Development Department staff will coordinate with the City’s CDBG consultant and the Parks and Recreation Department and Financial Services Departments to expend the funds in an expeditious manner.

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79 DUPLICATION OF BENEFITS
The purpose of a policy on Duplication of Benefits (DOB) is to ensure that the City of Seaside is not providing federal funds to pay for particular costs where there is another source of federal financial assistance that has paid for that same cost. Further, this document will identify specific processes that will assist in preventing the DOB.

If City staff determine that CDBG funding will not be a duplication of benefit, the City will execute a grant/loan agreement with recipient/beneficiary. The agreement for assistance must contain the following provisions:

If it is found that a duplication of benefits occurs after the award of CDBG funds the applicant/beneficiary must repay the CDBG funds.

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80 It is the policy of the City of Seaside to recapture any funds that are determined to be a duplication of benefits with other federal assistance.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: February 1, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF

BROADWAY AVENUE FROM CONTRA COSTA TO CALAVERAS
STREETS FOR THE SEASIDE STARS 2ND ANNUAL UNVEILING
EVENT ON SATURDAY, MARCH 2, 2024

RECOMMENDATION
Adopt a resolution authorizing the street closure for the Seaside Stars unveiling event.

BACKGROUND
The City of Seaside will be hosting its second annual "Seaside Stars" unveiling ceremony on Saturday, March 2, 2024. The "Seaside Stars" program is a way that the City of Seaside can honor members of the Seaside Community who have contributed to the betterment of the City with a "Star" on Broadway. There are a variety of different categories that honorees could fall into, such as: Outstanding Achievement, Community & Social Equality, Journalism & Literature, Athletics & Competition, Education, Arts & Performing Media, Government & Civics, and Environment & Conservation.

The closure of the Broadway Avenue from Contra Costa to Calevaers will provide an event space for the public and honorees to move safely and freely to view all the new stars that will be installed to honor the community. The proposed road closure will be from 7am - 4pm.

FISCAL IMPACT
The project has been budgeted in FY 23/24.

ATTACHMENTS
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Item No. 8.G. Page 2 of 2

1. 2024 Broadway Closure Seaside Stars
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING A RESOLUTION AUTHORIZING THE CLOSURE OF BROADWAY

AVENUE FROM CONTRA COSTA TO CALAVERAS STREETS FOR THE SEASIDE STARS 2ND ANNUAL UNVEILING EVENT ON SATURDAY, MARCH 2, 2024 WHEREAS, The City of Seaside will be holding their second annual Seaside Stars Unveiling event that is open to the public; and
WHEREAS, the closure of Broadway Avenue from Contra Costa Street to Calevares street is necessary between the hours of 7:00 a.m. and 5:00 p.m. on Saturday, March 2, 2024, to ensure the safety of the public; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside hereby approves the closure of Broadway Avenue from Contra Costa Street to Calevares street is necessary between the hours of 7:00 a.m. and 5:00 p.m. on Saturday, March 2, 2024, to ensure the safety of the public
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of February, 2024, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dan Meewis, Recreation Director
DATE: February 1, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A FACILITY USE AGREEMENT WITH SEASIDE PONY
BASEBALL AND SOFTBALL FOR 2024 SEASON, AND AUTHORIZE

WAIVING THE FEES ASSOCIATED WITH THE USE OF THE
FIELDS

RECOMMENDATION
Adopt a resolution to approve the Facility Use Agreement with Seaside Pony Baseball and Softball for the use of Soper, Rubio, and Cutino baseball fields for the 2024 season, including the fee waiver for field use and lighting fees.

BACKGROUND
Seaside Pony Baseball & Softball was established in 2001 and has used City operated baseball fields with waived fees since its inception. The previous field use agreement, which covered the 2023 season, expired in August of 2023. The agreement includes provisions that Seaside Pony Baseball and Softball will perform "in lieu" services to help offset the revenues from field use fees that are not collected from Seaside Pony Baseball and Softball. The "in lieu" work includes daily field preparation, minor field maintenance at each field, addition of cinder mix to fields when needed, and trash/recycle pick up and disposal.

The Recreation Department received a request from Seaside Pony Baseball and Softball, dated January 5, 2024, for a facility use agreement and a fee waiver for field use, BBQ area use, and lighting fees. For the use of Soper, Rubio and Cutino fields for their 2024 season. The initial request that came in included dates that were unavailable due to City operated programs, and MPUSD Seaside High School Softball use. The City has worked out a schedule with Pony that takes into account the dates that are not available, and the schedule is reflected on the attached Pony Fees document.

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Item No. 8.H. Page 2 of 3
In addition to field use rental fees, there are "hard costs" associated with the maintenance of the fields and associated buildings. These costs are included in the fees for field use. However, if the field use fees are waived, the hard costs that the City incurs need to be considered. City personnel are required to open and close restrooms at Soper, Rubio, and Cutino fields. The opening of the restrooms during the week is done during regular hours, and custodial staff close the restrooms on weeknights, and open/close them on the weekends. In addition, there is also the cost of cleaning supplies and the time it takes for staff to clean the restrooms at each of the fields.

During the season there is also increased activity at each of the locations, which equates to more supplies being used on a daily basis.

FISCAL IMPACT
The fees waived under the Field Use Agreement would be as follows if Seaside Pony starts on the estimated start date of February 3, 2024.

Proposed fee waiver fees.

Estimated fees for Soper field usage - $20,735.50
Estimated fees for Cutino field usage - - $12,528.00
Estimated fees for Metz/Rubio field usage -$16,447.00
Estimated fees for light usage for Soper & Cutino - $10,440.00 Estimated fees for BBQ area during tournaments at Soper -$2,662.00 Total - $62,812.50
Estimated "hard costs"
Staff hours for all three fields - $8,970.00
Restroom Supplies - $7,500.00
Total - $16,470
Total Fee Waiver - $79,282.50
The estimated cost of "in lieu" services that Pony provides is between $10,000-$15,000.

This is for volunteer hours for field maintenance and the materials associated with the maintenance, such as cinder mix, clay.etc.

ATTACHMENTS

1. 2024 Facility Use Application

2. 2024_Pony_Facility_USE AGREEMENT

3. 2024 Pony Fees

4. 2024_Pony_Facility_USE AGREEMENT

5. Pony Resolution 2024
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Item No. 8.H. Page 3 of 3
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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USE AGREEMENT
FOR

CITY OF SEASIDE FACILITIES
This use Agreement is entered into on the first day of February 2024, by and between the City of Seaside, a Municipal Corporation under the laws of the State of California hereinafter referred to as "CITY," and Seaside Pony Baseball & Softball (organization), hereinafter referred to as the “FIELD USER,” for the purposes of establishing terms and conditions for the use of the City’s various baseball facilities

1. PREMISES
CITY hereby agrees to permit FIELD USER to use the public areas of Metz Park (Rubio Field), Soper Field, and Cutino Park. All located within the Seaside, California.

2. USE OF FACILITY
a. The parties hereto agree that FIELD USER shall have use of the premises hereinabove described for their 2024 season, commencing February 3, 2024, and ending July 31, 2024, subject to reservations made with the City of Seaside Recreation Services. FIELD USER is required to notify CITY in the event fields will not be used. Failure to notify the CITY of non use may result in a $50 fee to recoup the cost for the City’s staff time.
b. FIELD USER shall provide the CITY with a monthly schedule identifying the day, time, and team name utilizing the fields to be posted at each field. The monthly schedule shall be submitted to the CITY on the 25th day of the month by completing the Field Usage Schedule (Attachment ‘A’). c. CITY shall give as much notice as possible in the event that the fields will be unavailable due to conditions beyond its control.
d. In accordance with the City’s partnership with the Blue Zones Project of Monterey County, when operating the snack bar facilities at Soper and Rubio Fields, it is recommended that the FIELD USER provide an assortment of healthier food choices, with lower amounts of fat, sugar, and sodium. To accomplish this, FIELD USER is encouraged to:
i. Offer more fruits, vegetables, whole grains, and low fat and low calorie foods, including low fat dairy, lean protein sources and lower fat versions of condiments. ii. Offer more minimally processed foods made or foods produced without added sugar and less sodium.
iii. Prepare foods using healthy cooking techniques such as baking, roasting, broiling, grilling, poaching, steaming, or stir frying instead of pan frying or deep fat frying to minimize added fat to the food prepared.
iv. Offer seasonal and local produce, when possible.
e. FIELD USER is responsible for adhering to the requirements of the City’s Environmentally Preferable Food Packaging rules (Municipal Code section 8.60) as it relates to the operation of City snack bars.
f. FIELD USER must follow the guidance from the California Department of Public Health as it continues to be updated.
g. FIELD USER must adhere to local noise ordinances, and keep amplified music and announcements to a level that doesn’t cause a nuisance to the surrounding neighborhoods. Sound levels should only be heard on the field of play.

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3. RENTAL AMOUNT
a. FIELD USER shall pay to CITY for the use of the premises as established in the City of Seaside Fee Schedule, which may be revised during the course of this agreement by action of the City Council. If the fee is adjusted during the course of this agreement, the new fee approved by the City Council will be applied. In lieu of this fee the FIELD USER may provide materials and labor with approval from the CITY. These “in lieu” fees shall include but not be limited to at least the following:
 Preparation of fields before each use including striping (lime included).  Pickup and removal of all trash and debris (including sunflower seed shells) from the City Facility after each use.
 Provide to the CITY at least 40 cubic yards of “Cinder Mix” as requested.  Rake, sweep or blow off the dugouts and spectator areas from the CITY facility after each use and dispose of all debris to include sunflower seeds, peanut shells etc.  Clean and maintain the snack bars in accordance with the parameters set by the Monterey County Health Department, and have each snack bar cleaned and all equipment removed at the conclusion of the season. FIELD USER must contact Monterey County Health Department prior to snack bar operation to determine if there are any changes with types of food that can be sold (i.e. only prepackaged food may be served.)
 Provide the City Council in writing a copy of their important dates, to include opening and closing ceremonies, tournament and playoff schedules, and other important dates.
 Organize a league wide field clean-up day prior to the start of the season. b. CITY shall notify FIELD USER of any changes to the fee schedule 45 days prior to applying the new fees for use of the parks.
c. Payment shall be made on a monthly basis or other schedule agreeable to the City within 30 days of the billing.

4. CONDITION OF FACILITY
CITY agrees to maintain the facilities to include regular trimming of grass. FIELD USER is responsible for proper storage of concessions in Metz’s Snack Bar and Soper Field’s Snack Bar including the elevator area kept clear of storage above and below.

5. MAINTENANCE OR RENOVATION OF FACILITY
a. CITY shall give as much notice as possible in the event that the facility will be unavailable due to conditions beyond its control, equipment malfunction or other situations requiring emergency maintenance or repairs that would restrict use of the facility by FIELD USER.

6. RESPONSIBILITY FOR PREMISES
a. FIELD USER shall inspect the facilities upon each use and notify the City of damage or Packet Page 156
deficiencies.
b. FIELD USER shall quit and surrender the premises following each period of use under this Agreement in as good as state and condition as they were at the commencement of each such period. FIELD USER also agrees that if said premises, or the buildings, equipment, or furnishings thereon, are damaged during the term of the Agreement, by act, default, or negligence of FIELD USER, its officers, agents, employees, members, guests, patrons, or any person or persons admitted by FIELD USER to said premises, FIELD USER shall pay to CITY upon demand such sum as shall be necessary to restore said premises to the condition they were in at the commencement of each period of use under this agreement.
b. FIELD USER shall provide 24 hour notification to the City for non use of facility as outlined in the scheduled identified as Attachment ‘B’ to this agreement. c. FIELD USER shall utilize the City of Seaside Weather Line in the event of bad weather.

The phone number is 831-718-8600. Coaches and players should all be given this number to find out if fields are closed. The weather line will be updated on Mondays each week, unless there is bad weather mid-week which then it will be updated by 3pm on said day. For weekends the line will be updated by 7:30am.

7. COOPERATION
It is understood that FIELD USER will cooperate with other field users during this period so multiple users can use the fields if space allows. Seaside High school will be using the field on a daily basis and the need to share the facility is imperative. There are also a handful of dates that are unavailable that will be outlined. Cutino Park also have multiple user groups, and FIELD USER will need to adhere to the specific times that have been allocated to them.

8. ALARM AND FIELD LIGHTS
Field User will set the alarm at Soper Field Snack Bar after each use and will turn off field lights at Soper Field at the end of each day’s play. Lights at Cutino park will be turned on and off by City Staff.

9. KEYS
The FIELD USER’s authorized representative acknowledges receipt of the keys listed on Attachment ‘C’ and agrees to return said keys by August 1, 2024.

10. INSURANCE
a. FIELD USER shall maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:

1. FIELD USER shall provide and maintain at it’s own expense, during the terms of this Agreement a comprehensive general liability policy, including but not limited to premises, personal injuries, products, and completed operations, of insurance, satisfactory to CITY, with a combined single limit of not less than 5 million dollars ($2,000,000) per occurrence for property damage and for bodily injury or death of persons.

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2. If the organization has employees or hires an employee during the term of this agreement, evidence of adequate worker’s compensation insurance on a stateapproved policy form providing statutory benefits as required by law with employer’s liability limits no less than one-million dollars ($1,000,000) per accident for all covered losses.
b. All insurance required by this Agreement shall be with a company acceptable to CITY and authorized by law to conduct insurance business in the State of California. All such insurance shall be written on an occurrence basis, such policy with the coverage required herein shall continue in effect for the duration of this agreement. c. Each insurance policy shall provide an endorsement naming CITY, its officers, agents, employees and volunteers as additional insured and shall further provide that such insurance is primary insurance to any insurance or self - insurance maintained by CITY. d. Each insurance policy shall provide that CITY be given notice in writing at least thirty (30) days in advance of change, cancellation or non-renewal thereof. Said policy shall provide identical coverage for each sub-user, if any performing work under this Agreement, or be accompanied by a certificate of insurance showing each sub-user has identical coverage.
e. As a condition precedent to CITY performance pursuant to this Agreement, FIELD USER shall file with a certificate of insurance with the City Risk Management Officer, on or before City facilities are utilized by FIELD USER showing that they have in effect the insurance required by this Agreement. FIELD USER shall file a new or amended certificate of insurance promptly after any change is made to any insurance policy which would alter the information on the certificate then on file. f. FIELD USER acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform FIELD USER of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
g. FIELD USER shall renew the required coverage annually as long as CITY, or its employees or agents face an exposure from operations of any type pursuant to this agreement.

11. INDEMNITY
a. FIELD USER shall defend, indemnify and hold harmless CITY and its officers, officials, employees and agents from and against all losses, claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recoverable against it or them by reason of any act, error or omission of the FIELD USER, its agents or employees, in the performance of the work and/or any activity related to this contract. b. CITY shall indemnify and hold harmless FIELD USER and its officers, officials, employees and agents from and against all losses, claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recoverable against it or them by any reason of any act, error or omission of the CITY, its agents or employees, in the performance of the any work related to this contract.

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c. FIELD USER shall so conduct it activities upon the premises so as not to endanger any person lawfully thereon; FIELD USER hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the premises by consent, expressed or implied, of its officers, agents, employees, or members.

12. COMPLIANCE WITH LAWS
FIELD USER shall comply with all laws, statutes, ordinances, rules or regulations of the United States, the State of California, the City of Seaside, or any department or agency thereof, including such regulations now in force or to be established pertaining to use of the premises.

13. TRANSFERABILITY
This agreement applies exclusively to Seaside Pony Baseball & Softball and field use privileges will not be transferred to any other group or individual. Any other groups or individuals wishing to use City of Seaside fields must apply in advance to the Recreation Services Department for consideration by department.

FIELD USER shall not sublease in whole or any part of the premises and shall not assign, hypothecate, or mortgage any or all of its rights hereunder, without the prior written consent of CITY.

14. TERM OF AGREEMENT
a. This agreement shall remain in effect until July 31, 2024, agreement requires proof of current liability insurance naming the City of Seaside as additional insurers and updated Attachments ‘A’, ‘B’, and ‘C’.
b. This agreement may be terminated by either party upon thirty (30) days written notice.

15. NONDISCRIMINATION
FIELD USER will not discriminate against any participant based on race, color, sex, origin, disability, or any other protected classification.

16. TAX EXEMPT STATUS
If applicable, FIELD USER shall submit a copy of the letter from the Internal Revenue Service determining their tax exempt status under 501 c (3) of the Internal Revenue Code and a copy of the letter from the State of California Franchise Tax Board determining tax exempt status under Section 23710 (d) Revenue and Taxation Code prior to execution of this agreement.

17. NOTICE
All notices herein provided to be given, or which may be given by either party to the other, shall have been deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified, and postage prepaid, and addressed to the respective parties as follows, or personally served on:

CITY OF SEASIDE
Recreation Services
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986 Hilby Avenue
Seaside, CA. 93955

SEASIDE PONY BASEBALL & SOFTBALL
P.O. Box 1022
Seaside, CA 93955

18. ATTORNEY FEES AND COSTS
Should either party to this Agreement bring suit against another party (formal Judicial proceeding, mediation or arbitration), for breach of any term, covenant, condition or obligation contained herein for the recovery of any sum due hereunder, or for any summary action for forfeiture of this Agreement or to prevent further violations of any of the terms, covenants, conditions, or obligations, or for any other relief then, and in that event, the case shall be handled in Monterey County, California, and the prevailing party in such suit or summary action shall be entitled to a reasonable attorney's fee to be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between FIELD USER and CITY. No term, provision, or condition of this Agreement may be altered or amended, nor may any term, provision or condition be added to this Agreement, except by a writing executed by both FIELD USER and CITY.
___________________________________ _______________
Authorized Representative Date
FIELD USER- Seaside Pony Baseball & Softball
___________________________________ _______________
City Manager Date
City of Seaside

CITY OF SEASIDE
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SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2024 PONY FIELD USAGE

REQUESTED DATES
Monday-Saturday
4 hrs 4hrs field usage
Days
Field Usage
Fee (weekends
all day
weekdays per
hour)
Total
Field Usage Fee
(Saturday all
day weekdays
per hour) Light Hours BBQ Area
Fee
Light Fee per
hour Total
Field Usage Fee
(Saturday all day
weekdays per
hour)
Light
Hours
Light Fee
per hour Total
Friday, February 9,2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, February 10, 2024 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, February 11, 2024 $212.00 2 $32.50 $277.00
Monday, February 12, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, February 13, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, February 14, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, February 15, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, February 16, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, February 17, 2024 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, February 18, 2024 $212.00 2 $32.50 $277.00
Monday, February 19, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, February 20, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, February 21, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, February 22, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, February 23, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, February 24, 2024 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, February 25, 2024 $212.00 2 $32.50 $277.00
Monday, February 26, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, February 27, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, February 28, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, February 29, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, March 1, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, March 2, 2024 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, March 3, 2024 $212.00 2 $32.50 $277.00
Monday, March 4, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, March 5, 2024 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 2 $32.50 $181.00 Wednesday, March 6, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, March 7, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, March 8, 2024 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, March 9, 2024 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, March 10, 2024 $212.00 2 $32.50 $277.00
Monday, March 11, 2024 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Tuesday, March 12, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Metz Soper Cutino

3.5 hours per weekday.
12 hours on Saturdays
SHS has requested the use of Soper on a daily basis for Girls Softball. They will be using the field from 4pm-6:00pm. Pony will have 2.5 hours per weekday and 2 hours of light usage until Day Light Savings time change, Then only 1-2 hour of lights should be needed per day until may and then except for any Tournaments.

There are some dates that are unavailable due to Seaside High using Soper. Once SHS is finished, Pony will have 4 hours on the weekdays.
4 hours per day 4pm-8pm on MondayThursday, and Saturdays 5-9pm with 2-3 hours of lights until Daylight
savings time. Tuesdays & Thursdays
are unavailable starting June 13th for
JR Giants.

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SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2024 PONY FIELD USAGE

Wednesday, March 13, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, March 14, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, March 15, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $0.00 Saturday, March 16, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, March 17, 2024 $212.00 1 $32.50 $244.50
Monday, March 18, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, March 19, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, March 20, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, March 21, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, March 22, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, March 23, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, March 24, 2024 $212.00 1 $32.50 $244.50
Monday, March 25, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, March 26, 2024 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Wednesday, March 27, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, March 28, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, March 29, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, March 30, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, March 31, 2024 $212.00 1 $32.50 $244.50
Monday, April 1, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 2, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 3, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, April 4, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 5, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 6, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 7, 2024 $212.00 1 $32.50 $244.50
Monday, April 8, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 9, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 10, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, April 11, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 12, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 13, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 14, 2024 $212.00 1 $32.50 $244.50
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SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2024 PONY FIELD USAGE

Monday, April 15, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 16, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 17, 2024 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Thursday, April 18, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 19, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 20, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 21, 2024 $212.00 1 $32.50 $244.50
Monday, April 22, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 23, 2024 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Wednesday, April 24, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, April 25, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 26, 2024 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS Saturday, April 27, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 28, 2024 $212.00 1 $32.50 $244.50
Monday, April 29, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 30, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 1, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, May 2, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, May 3, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, May 4, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, May 5, 2024 $212.00 1 $32.50 $244.50
Monday, May 6, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 7, 2024 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Wednesday, May 8, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, May 9, 2024 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $116.00 1 $32.50 $148.50 Friday, May 10, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, May 11, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, May 12, 2024 $212.00 1 $32.50 $244.50
Monday, May 13, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 14, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 15, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, May 16, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, May 17, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 Packet Page 163

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2024 PONY FIELD USAGE

Saturday, May 18, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, May 19, 2024 $212.00 1 $32.50 $244.50
Monday, May 20, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 21, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 22, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, May 23, 2024 $101.50 $101.50 $72.50 1 $121.00 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, May 24, 2024 $101.50 $101.50 $72.50 1 $121.00 $32.50 $105.00 Saturday, May 25, 2024 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, May 26, 2024 $212.00 1 $121.00 $32.50 $244.50
Monday, May 27, 2024 $101.50 $101.50 $72.50 1 $121.00 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 28, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 29, 2024 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, May 30, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Friday, May 31, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, June 1, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 2, 2024 $212.00 1 $32.50 $244.50
Monday, June 3, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 4, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Wednesday, June 5, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 6, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Friday, June 7, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, June 8, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 9, 2024 $212.00 1 $32.50 $244.50
Monday, June 10, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 11, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, June 12, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 13, 2024 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Friday, June 14, 2024 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 Saturday, June 15, 2024 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 16, 2024 $212.00 1 $121.00 $32.50 $244.50
Monday, June 17, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 18, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, June 19, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 20, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Packet Page 164

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2024 PONY FIELD USAGE

Friday, June 21, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, June 22, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 23, 2024 $212.00 1 $32.50 $244.50
Monday, June 24, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 25, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, June 26, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 27, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Friday, June 28, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, June 29, 2024 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 30, 2024 $212.00 1 $121.00 $32.50 $244.50
Monday, July 1, 2024 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 2, 2024 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 Wednesday, July 3, 2024 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 4, 2024 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Friday, July 5, 2024 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 Saturday, July 6, 2024 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 7, 2024 $212.00 1 $121.00 $32.50 $244.50
Monday, July 8, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 9, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, July 10, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 11, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Friday, July 12, 2024 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 Saturday, July 13, 2024 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 14, 2024 $212.00 1 $121.00 $32.50 $244.50
Monday, July 15, 2024 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 16, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, July 17, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 18, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Friday, July 19, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $0.00 Saturday, July 20, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 21, 2024 $212.00 1 $32.50 $244.50
Monday, July 22, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 23, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Packet Page 165

SEASIDE PONY
2022 FIELD USAGE CALCULATIONS

BASED ON PREVIOUS PONY USAGE
2024 PONY FIELD USAGE

Wednesday, July 24, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 25, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Friday, July 26, 2024 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, July 27, 2024 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 28, 2024 $212.00 1 $32.50 $244.50
7/29/2024 $101.50 $101.50 $116.00 1 $32.50 $244.50 $116.00 1 $32.50 $148.50 Total - 172 days $16,447.00 $20,735.50 194.00 $2,662.00 $5,820.00 $24,577.50 $12,528.00 154 $4,620.00 $17,533.00 Amount requesting to be waived
FIELDS

FIELD FEE

SPRING FALL BALL

TOAL FIELD

USE LIGHTS FEE
BBQ Area
Fee
Hard Cost staff
hours Hard Cost Restroom
Supplies TOTAL
METZ $16,447.00 $0.00 $16,447.00 $0.00 $0.00 $2,990.00 $2,500.00 $21,937.00 SOPER $20,735.50 $0.00 $20,735.50 $5,820.00 $2,662.00 $2,990.00 $2,500.00 $34,707.50 CUTINO $12,528.00 $0.00 $12,528.00 $4,620.00 $0.00 $2,990.00 $2,500.00 $17,148.00 $49,710.50 $0.00 $49,710.50 $10,440.00 $2,662.00 $8,970.00 $7,500.00 $79,282.50 Packet Page 166

USE AGREEMENT
FOR

1. PREMISES
CITY hereby agrees to permit FIELD USER to use the public areas of Metz Park (Rubio Field), Soper Field, and Cutino Park. All located within the Seaside, California.

Packet Page 167

6. RESPONSIBILITY FOR PREMISES
a. FIELD USER shall inspect the facilities upon each use and notify the City of damage or Packet Page 168
deficiencies.
b. FIELD USER shall quit and surrender the premises following each period of use under this Agreement in as good as state and condition as they were at the commencement of each such period. FIELD USER also agrees that if said premises, or the buildings, equipment, or furnishings thereon, are damaged during the term of the Agreement, by act, default, or negligence of FIELD USER, its officers, agents, employees, members, guests, patrons, or any person or persons admitted by FIELD USER to said premises, FIELD USER shall pay to CITY upon demand such sum as shall be necessary to restore said premises to the condition they were in at the commencement of each period of use under this agreement.
b. FIELD USER shall provide 24 hour notification to the City for non use of facility as outlined in the scheduled identified as Attachment ‘B’ to this agreement. c. FIELD USER shall utilize the City of Seaside Weather Line in the event of bad weather.

9. KEYS
The FIELD USER’s authorized representative acknowledges receipt of the keys listed on Attachment ‘C’ and agrees to return said keys by August 1, 2024.

10. INSURANCE
a. FIELD USER shall maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:

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Packet Page 170
c. FIELD USER shall so conduct it activities upon the premises so as not to endanger any person lawfully thereon; FIELD USER hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the premises by consent, expressed or implied, of its officers, agents, employees, or members.

FIELD USER shall not sublease in whole or any part of the premises and shall not assign, hypothecate, or mortgage any or all of its rights hereunder, without the prior written consent of CITY.

15. NONDISCRIMINATION
FIELD USER will not discriminate against any participant based on race, color, sex, origin, disability, or any other protected classification.

CITY OF SEASIDE
Recreation Services
Packet Page 171
986 Hilby Avenue
Seaside, CA. 93955

SEASIDE PONY BASEBALL & SOFTBALL
P.O. Box 1022
Seaside, CA 93955

CITY OF SEASIDE
Packet Page 172
Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING THE FACILITY USE AGREEMENT WITH SEASIDE PONY
BASEBALL/SOFTBALL FOR THEIR 2024 SEASON
WHEREAS, the City of Seaside and Seaside Pony Baseball/Softball enter into an Agreement dated February 1, 2024, for the use of Soper, Cutino, and Rubio fields for league practices, games, and tournaments for the 2024 season; and WHEREAS, the approval of the Facility Use Agreement for the use of Soper, Cutino and Rubio fields is necessary so Seaside Pony can continue to provide recreational baseball and softball programs to the youth of the community; and WHEREAS, flexibility is needed to allow other user groups who will be paying usage fees the ability to use facilities in order to achieve cost recovery goals identified in the Recreation Programs Cost Recovery Policy; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approves the Facility Use Agreement for Seaside Pony for the 2024 season.

PASSED AND ADOPTED at a (regular meeting of the City Council of the City of Seaside duly held on the 1st day of February by the following vote:

APPROVED TO FORM
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______________________________
Sheri L. Damon, City Attorney
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Romeo Herrera, Chief Building Official
DATE: February 1, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING AN ON CALL LIST FOR

BUILDING AND SAFETY CONSULTANT SERVICES

RECOMMENDATION
Adopt a resolution approving an on call list of consultant firms to provide professional services to the City for building and safety services.

BACKGROUND
Building, Safety and Code Enforcement Services encompasses a specialty of engineering with expertise in various areas of design and construction related to building code minimums. These include but are not limited to architectural, structural, fire-safety, accessibility/CASp (Certified Access Specialist), energy, mechanical, electrical and plumbing. The City, on occasion, is in need of consultants who specialize in these fields to provide additional technical support for City staff.

With multiple small, medium and large projects in the queue, the City is in need of additional building, safety and code compliance services to augment our current staff in providing plan check, field inspections, and permitting services. An approved on-call consultants lists will provide Building, Safety and Code Enforcement Services with the resources to provide services in a timely manner. The use of on-call consultants is common practice in most agencies, when working on special projects where specialized services are needed.

Should the City Council authorize approval, the on-call list will be in effect for one year, with the option to extend annually for up to three years at the discretion of the City Manager.

Request for Qualifications Process
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Item No. 8.I. Page 2 of 3
On December 28, 2023, the City released a Request for Qualifications (RFQ) for On-Call Consultants – Building Services. The RFQ clearly stated that the City was seeking to establish an on call list for professional services to assist staff in providing building, safety and code enforcement services. The RFQ was posted on the City’s website and published in the Monterey County Weekly.

The RFQ was posted on the City's website and distributed to several local engineering firms. On January 19, 2024, the City received five submittals in response to the City's RFQ. Using the selection criteria outlined in the RFQ, staff reviewed and rated the proposals based upon organization, staff, experience, professional standing, and value.

Staff recommends the following five firms be approved to serve as on-call consultants for Building, Safety and Code Enforcement Services (in alphabetical order):

1. 4Leaf, Inc.

2. CSG Consultants

3. Shums Coda Associates (SCA)

4. TRB + Associates

5. West Coast Code Consultants (WC3)
All firms that submitted are qualified and demonstrate a clear understanding of the City's needs, ability to respond quickly to City requests, and experience with an array of Building, Safety and Code Enforcement services. It is recommended that the City Council approve 4Leaf, Inc., CSG Consultants, Shums Coda Associates, TRB + Associates, and West Coast Code Consultants to serve as on-call consultants to provide building, safety and code enforcement services.

FISCAL IMPACT
The approval of this resolution will have no immediate impact on the general fund because most, if not all, funds needed to pay for these services will be charged to specific projects. The amount of work to be performed by these consultants during the approval period have not been defined as of yet. The consultant will work on an on-call basis as defined by the City. All work orders will have a defined scope, schedule, and fee arrangement that will be negotiated on a project-by-project basis.

ATTACHMENTS

1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Packet Page 176

Item No. 8.I. Page 3 of 3
Jaime M. Fontes, City Manager
Packet Page 177
Meeting Date: 2/1/2024
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE ADOPTING 4LEAF, INC., CSG CONSULTANTS, SHUMS CODA ASSOCIATES, TRB+ASSOCIATES AND WEST COAST CODE CONSULTANTS TO PROVIDE ONCALL BUILDING AND SAFETY SERVICES WHEREAS, Building, Safety and Code enforcement services encompasses a specialty of engineering with expertise in architectural, structural, fire-safety, accessibility/CASp, energy, mechanical, electrical and plumbing; and WHEREAS, the City of Seaside, on occasion, in in need of consultants who specialize in building, safety and code enforcement; and WHEREAS, on December 28, 2023, the City released an Request for Qualifications for professional services for Building, Safety and Code Enforcement Services; and
WHEREAS, based on competitive proposals submitted on January 19, 2024 by firms that have performed similar work, 4Leaf, Inc., CSG Consultants, Shums Coda Associates, TRB+Associates and West Coast Code Consultants were selected as the most qualified to perform these services based on professional qualifications, similar experience and sufficient staffing capabilities to provide service in a timely manner.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve 4Leaf, Inc., CSG Consultants, Shums Coda Associates, TRB+Associates and West Coast Code Consultants, to provide Building, Safety and Code Enforcement Services.

Approval is for one year of service and may be extended at the City Manager recommendation in one ear increments through February 1, 2027.

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Selected consultants will work on an on-call basis as defined by the City. Work orders will have a defined scope, schedule and fee arrangements that will be negotiated on a project by project basis.

PASSED AND ADOPTED at a regular City Council meeting of the City Council of the City of Seaside duly held on the 1st day of February, 2024, by the following vote:

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: February 1, 2024
SUBJECT: ADOPT A RESOLUTION TO ENTER INTO AN AGREEMENT WITH

JACOB GREEN & ASSOCIATES FOR THE PREPARATION OF A

CLIMATE ACTION AND ADAPTATION PLAN (CAAP) FOR AN
AMOUNT NOT TO EXCEED $149,500.00

RECOMMENDATION
Adopt a resolution entering into a professional services agreement for the CAAP with Jacob Green & Associates for an amount not to exceed $149,500.000.

BACKGROUND
In 2017, the City Council adopted Resolution 17-47, committing the City to a series of principles regarding climate change. The City further undertook several of the tasks identified in that Resolution, including creating an inventory of greenhouse gas (GHG) emissions. Climate change has continued to worsen in the intervening years, with 2023 being the hottest year on record for global temperatures.

On September 21, 2023, the City Council approved the release of a Request for Proposals for the development of a Climate Action and Adaptation Plan. Following this, staff released the Request for Proposals. Four responses were received prior to the deadline. Three staff members (Jose Bazua, Economic Development Director; Andrew Myrick, Economic Development and Community Planning Manager; and Beth Rocha, Senior Planner) reviewed the applications and conducted interviews with the respondents. Following this, each response was scored by each staff member independently based upon criteria included in the RFP approved by Council and the scores consolidated. Based on this, staff recommends that the City enter into a Professional Services Agreement with the respondent receiving the highest score, Jacob Green & Associates.

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Item No. 8.J. Page 2 of 2
The proposal received from Jacob Green and Associates (JGA) is attached to the Proposed Professional Services Agreement. It would generally include the following (specific details for each of these are included in Exhibit A of the Agreement):
- General Project Orientation and Management
- Stakeholder and Community Education and Engagement, including public outreach conducted both in-person and virtually
- Identification, evaluation, and mapping of vulnerabilities and risks from climate change that are specific to the community
- Review and updating of existing GHG inventories
- Development of GHG reduction targets and mitigation/adaptation measures - Development of an Implementation Plan to execute the CAAP, including specific timelines and resources needed
- Drafting of the CAAP
- Preparation of any necessary CEQA documents
Work would be performed for a flat rate of $149,500, with payment due based on progress towards meeting each of the tasks identified in the contract. It is estimated that the work would begin promptly and take a total of 46 weeks (a full accounting and timeline for the work is included in Exhibit B of the Agreement). The primary staff at JGA that would be responsible for preparation of the CAAP would be Justin Clifton and Patrick Marchman, AICP. Biographies of these individuals are attached in Attachment 2.

Staff recommends that Council adopt the attached Resolution.

FISCAL IMPACT
This contract would have a one-time cost of $149,500. These funds have been previously budgeted and no additional financial allocation is necessary.

ATTACHMENTS

1. Attachment 1 - City Council Resolution CAAP Agreement JGA

2. Resolution Exhibit A - Professional Services Agreement

3. Attachment 2 - Project Manager Biographies
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Meeting Date: 2/01/24
Item #: 8.J.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ENTERING INTO AN AGREEMENT WITH JACOB GREEN & ASSOCIATES FOR

THE PREPARATION OF A CLIMATE ACTION AND ADAPTATION PLAN (CAAP) FOR AN AMOUNT NOT TO EXCEED $149,500
WHEREAS, on July 6, 2017, the Seaside City Council adopted Resolution 17-47 to commit itself to a series of principals established by the US Conference of Mayors to stave off climate change as well as identifying specific actions to reduce the City’s carbon footprint; and
WHEREAS, since 2017, climate change has continued to worsen, with July 2023 being the hottest month ever recorded for global temperatures; and WHEREAS, climate change poses a significant threat to the health and safety of the residents of Seaside though increased risks of natural disasters such as wildfire, flooding, storms, and extreme heat; and
WHEREAS, the City Council desires to better understand the City’s climate impacts as well as identify concrete steps that the City can take to mitigate those impacts; and
WHEREAS, on September 21, 2023, the City Council directed staff to release a Request for Proposals (RFP) to identify a consultant to develop a CAAP; and WHEREAS, City staff released the RFP and, upon reviewing the responses and interviewing the respondents, recommends that the City Council retain Jacob Green & Associates to prepare the desired CAAP.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve the attached Professional Services Agreement with Jacob Green & Associates, included herein as “Exhibit A,” to prepare a CAAP for an amount not to exceed $149,500.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute said Professional Services Agreement on behalf of the City of Seaside, and to make minor administrative changes to said Agreement consistent with this approval.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 1st day of February, 2024, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
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-2
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Attachments:

Exhibit A – Professional Services Agreement
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Sheri Damon, City Attorney
Nisha Patel, Public Works Director/City Engineer
DATE: February 1, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AMENDMENT #4 TO

INCREASE THE PROFESSIONAL SERVICES AGREEMENT WITH

KIMLEY-HORN AND ASSOCIATES BY AN AMOUNT NOT TO
EXCEED $607,644.44 FOR A TOTAL AGREEMENT AMOUNT OF
$1,162,844.44 TO BE REIMBURSED BY THE DEVELOPER OR

PAID FOR OUT OF THE FORT ORD REUSE AUTHORITY

DEMOLITION BONDS

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute Amendment #4 to the Professional Services Agreement (PSA) increasing its amount by $607,644.44 to provide additional subconsultant services and management services for the Campus Town project, and amending the term of the PSA.

BACKGROUND
In 2022, due to staffing changes in the Economic Development and Community Planning Department, the City of Seaside had vacancies in key roles that provide project management and oversight of major functions for the Campus Town Development Project. In order to keep the Campus Town Project, the City hired Kimley-Horn and Associates (Kimley-Horn) to provide project management and other services to the City. The City has since started to fill key roles, however, Kimley-Horn has a unique combination of skills, knowledge, and abilities that are directly aligned to the needs of the City of Seaside for the Campus Town Development project and has considered and extensive knowledge of the Campus Town project. Importantly, Kimley Horn has hired subconsultants to assist in the preparation of regulatory documents to confirm the safe reuse of the site.

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Item No. 8.K. Page 2 of 4
On March 3, 2022, the Acting City Manager executed a PSA with Kimley-Horn to provide project management and development services support for Campus Town Development Project in the amount of $24,900.

On April 21, 2022, the City Council approved to amend the PSA to extend it to provide one more year of project management and other services for a year (April 30, 2022 to April 30, 2023) and add budget to allow work at a rate of $25,000.00 per month (or $225,000).

On January 30, 2023, the City Council approved Amendment #2 to amend the term of the PSA to extend services from April 30, 2023 to January 31, 2024 and increase the PSA amount to $455,200. The request by Ms. Damon was intended to increase the PSA by $455,200 ($275,000 in project management services for the additional time period at the rate of $25,000 per month and $180,200.00 for subconsultant fees) for a total PSA amount of $705,100. City Council approved an amendment for a total PSA of $455,200, and therefore, the PSA was short $249,900.

On July 6, 2023, the City Council approved Amendment #3 to increase the PSA amount by $100,000 for additional subconsultant services for a total PSA amount of $555,200.

The error in the PSA total budgeted amount carried from the previous Amendment. The total for Amendment #3 is still short $249,900. The intention was for Amendment #3 to add $100,000 in subconsultant fees for a total PSA of $805,100 to include $280,200 for subconsultant fees and $524,900 in project management services.

Ms. Damon is requesting Amendment #4 to the PSA with Kimley-Horn to increase the total PSA amount by $607,644.44 to include $100,000 for Kimley-Horn management and other services from October 2023 through January 2024 not yet invoiced, $60,000 for additional subconsultant work, $75,000 for Kimley-Horn management and other services from February through April 2024, and $249,900 to correct Amendment #2 and #3, and an additional $87,744.44 for invoices of the amount billed over the PSA amount for additional Kimley-Horn and their subconsultant expenses billed on a time and materials basis, and to amend the end date of the PSA to April 30, 2024, for a total PSA of $1,162,844.44.

Amendment #4 adds additional funds to the ongoing project and other services provided by Kimley-Horn because the term of the PSA has been amended to add three months (extending it through April 30, 2024). Kimley-Horn has been providing services for approximately $30,000 per month. The increase in the subconsultant amount is due to the request and interaction with the regulatory agency's need for documentation in a more extensive and different formatting. Regulatory signoff is a condition for the safe reuse of the site and a condition precedent to the sale of the property. There is urgency in proceeding with this Amendment #4 to not create a lapse in their ability to get started on the regulatory requested documentation. The staff reviewed the subconsultant proposal and determined the project scope and budget were reasonable.

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Item No. 8.K. Page 3 of 4

AMOUNT EXPLANATION
$120,000.00 October 2023 through January 2024 of
unbilled Kimley-Horn invoices
($30k/month)
$90,000.00 February, March, April 2024 of anticipated
Kimley-Horn invoices ($30k/month)
$60,000.00 Anticipated Geosytec additional scope to be
billed
$87,744.44 Difference between outstanding KimleyHorn invoices ($141,850.58) and amount left on contract ($54,106.14)
$249,900.00 Difference in approved contract amount
($555,200) and intended contract amount
($805,100)
$607,644.44 TOTAL OF PSA AMENDMENT #4
$555,200.00 Approved contract amount through
Amendment #3
$1,162,844.44 NEW CONTRACT AMOUNT THROUGH
AMENDMENT #4

FISCAL IMPACT
Amendment #4 to the PSA with Kimley-Horn to support the Campus Town project is $607,644.44 for a total PSA amount of $1,162,844.44. Costs for the PSA are covered by the funds from the Reimbursement Agreement with Developer or the FORA Demolition Bond.

ATTACHMENTS

1. Resolution

2. PSA Amendment #4

3. PSA and prior Amendments 1-3
Reviewed for Submission to the City Council by:

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Item No. 8.K. Page 4 of 4
_________________________________________
Jaime M. Fontes, City Manager
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Meeting Date: 2/1/24
Item #: 8.K.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING AMENDMENT #4 INCREASING THE PROFESSIONAL SERVICES

AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES BY AN AMOUNT NOT TO EXCEED $607,644.44 FOR A TOTAL AGREEMENT AMOUNT OF $1,162,844.44 WHEREAS, due to staff changes in the Economic Development and Community Development Department in 2022, the City of Seaside had vacancies in key roles that provide project management and oversight of major functions for the Campus Town Development; and
WHEREAS, Kimley-Horn and Associates (Kimley-Horn) has the unique combination of skills, knowledge, and abilities that are directly aligned to the needs of the City of Seaside for the Campus Town Development project; and WHEREAS, on March 3, 2022, the City Manager approved a Professional Services Agreement (PSA) with Kimley-Horn in the amount of $24,900.00, to provide project management and development services support for the Campus Town Development Project; and
WHEREAS, on April 21, 2022, the City Council approved Amendment #1 to the PSA to extend it to provide one additional year of project management and other services for a year (April 30, 2022 to April 30, 2023) and add budget to allow work at a rate of $25,000 per month (or $225,000); and
WHEREAS, on January 30, 2023, the City Council approved Amendment #2 the PSA to amend the term of the PSA to extend services April 30, 2023 to January 31, 2024 and increase the PSA amount to $455,200; and
WHEREAS, the request by Ms. Damon with Amendment #2 was intended to increase the PSA by $455,200 for a total PSA amount of $705,100 (for $275,000 in project management services for additional time period at the rate of $25,000 per month and $180,200 for subconsultant fees). City Council approved an amendment for a total PSA of $455,200, and therefore, the PSA was short $249,900; and WHEREAS, on July 6, 2023, the City Council approved Amendment #3 to increase the PSA amount by $100,000 for additional subconsultant services for a total Packet Page 237
PSA amount of $555,200.

WHEREAS, the error in the PSA total budgeted amount carried from Amendment #2, and the total for Amendment #3 is still short $249,900. The intention was for Amendment #3 to add $100,000 in subconsultant fees for a total PSA amount of $805,100 to include $280,200 for subconsultant fees and $524,900 in project management services; and
WHEREAS, Ms. Damon is now requesting Amendment #4 to the PSA with Kimley-Horn to increase the total PSA amount by $607,644.44 to include $120,000 for Kimley-Horn management and other services from October 2023 through January 2024 not yet invoiced, $60,000 for additional subconsultant work, $90,000 for KimleyHorn management and other services from February through April 2024, and $249,900 to correct Amendment #2 and #3, and an additional $87,744.44 for invoices of the amount billed over the PSA amount for additional Kimley-Horn and their subconsultant expenses billed on time and materials, and to amend the end date of the PSA to April 30, 2024, for a total PSA of $1,162,844.44; and
WHEREAS, staff reviewed the subconsultant scope of work attached as part of Amendment #4 and determined the project scope and budget were reasonable; and WHEREAS, the costs of the increase in the PSA from subconsultant services will primarily be paid for from the FORA Bond funds for demolition activities on the former Fort Ord, while the project management portions of the contract will primarily be reimbursed by the Developer; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute Amendment #4 to the Professional Services Agreement with Kimley-Horn to provide additional subconsultant and management services for the Campus Town project for an amount not to exceed $607,644.44 for a total agreement amount not to exceed $1,162,844.44 and to extend the term of the contract through April 30, 2024.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 1st day of February 2024, by the following vote:

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AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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DocuSign Envelope ID: 34D65486-CA0E-47B5-A27E-B9906DBA8938 5/4/2022
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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services March 30, 2022
Submitted Electronically
Ms. Roberta Greathouse, IPMA-SCP
Acting City Manager

CITY OF SEASIDE
440 Harcourt Avenue
Seaside, CA 93955
RE: Campus Town – Project Contract Services Letter Agreement Dear Ms. Greathouse:

Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to City of Seaside (“Client”) for providing project management and general civil, planning and landscape oversight for the processing of subdivision, improvement plans, building plans and associated agreements specific to the Campus Town Redevelopment Project (“Project”) and related project efforts, located on the Fort Ord Reuse Authority (FORA) property. This redevelopment project is understood to be undertaken by KBBakewell (“Applicant”) through separate agreement(s) previously negotiated and executed with the Client.

The scope of services can be generally described as follows:

SCOPE OF SERVICES
a. Kimley-Horn and Associates, Inc. (Kimley-Horn) will provide as-needed consulting services to the Client for general development services support specific to the Project and related project efforts, which can consist of: strategic planning, entitlement, State policy, CEQA and permitting guidance, review work products prepared by Client or Client’s Consultant Team (contracted separately), help direct Client’s staff in deliverable preparation, communicate with the Agencies as appropriate, and attend in-person and virtual meetings as directed by Client. See Attachment 1, “Outline of Anticipated Work Effort.” b. To fulfill this role, Kimley-Horn will require a blend of Kimley-Horn staff consisting of administrative and other professional technical support staff typical of entitlement and land development project management functions. Where reasonably applicable both junior and senior staff will be employed to execute the tasks requested.
c. Kimley-Horn consulting services will be provided by means of virtual video and tele-conference calls, email correspondence, occasional in-person meetings, such as City Council, Planning Commission or Milestone Meetings specifically directed by the Client. Consistent onsite Kimley-Horn staff is NOT anticipated for this effort. Travel time and related travel expenses for in-person meetings shall be reimbursed per the terms and conditions of this agreement.

EXHIBIT A1
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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services d. Kimley-Horn will rely upon Client’s staff to provide all project financial and legal analysis and directives.

This also includes preparation of review fees, development impact fees, transportation impact fees, etc. for the Project.
e. It is understood that the Client will make all decisions related to the Project, agreements with and directives to the Applicant, as well as review and approve any efforts undertaken by Kimley-Horn on their behalf. f. The Applicant shall be responsible to furnish all Project design/construction documents and reports, as required by the Client, municipal code, state and federal jurisdiction, and development agreements. KimleyHorn will rely upon the accuracy and completeness of all documents, surveys, reports, plans and specifications provided by the Client, Applicant or by others for whom the Consultant is not legally responsible. The Client acknowledges that verifying the accuracy and completeness of such items is not part of the Consultant’s scope of services.
g. Kimley-Horn shall not provide design services, direction, or construction documents for the Project, unless a separate specific Task Order agreement outlining the scope and fee for such services is issued. h. The rates provided in Attachment 2 are effective through June 2023. Subsequent rate increases will be reviewed in June of each year, starting June 2023. The actual rate increase will vary based on then current conditions.

FEE
Kimley-Horn will perform the Scope of Services described above “T&M Budget” on a labor fee plus expense basis, up to $25,000 in labor fees per month (“base monthly labor fee”). Should Scope of Services fee exceed the set per month basis, Kimley-Horn will notify the Client and determine if requested services be moved to following month, or if necessary, receive authorization to exceed the base monthly fee for defined services and estimated fee. Labor fee will be billed on an hourly basis according to our then-current rates (enclosed). Services specific to Campus Town will be invoiced separately from general consultant services related project efforts under the responsibility of the city, per direction from City staff.

As related to these as-needed tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.

ADDITIONAL SERVICES IF REQUIRED
Should other distinct Kimley-Horn consulting services, such as preparation of civil drawings, landscape drawings, CEQA documents, marketing, etc., be requested then a separate proposal outlining these scopes of services will be prepared and presented to Client for approval. Such Additional Services, once approved by Client, will be contracted for under a separate individual Task Order.

SCHEDULE
The Client and Kimley-Horn shall mutually identify and agree on deliverable dates as reasonably applicable, with the expected time from to take through Phase IA of Campus town and into Subsequent Phases.

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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services

DELIVERABLES
Kimley-Horn will provide deliverables that coincide with the requested services, which can include entitlement summaries, environmental summaries, preliminary development schedules, checklists, reporting documents, etc.

Deliverables will be confirmed with the Client prior to initiating.

ACCEPTED
CITY OF SEASIDE KIMLEY-HORN AND ASSOCIATES, INC.

BY: BY: Nikki Kerry, P.E. (CA 58449)
TITLE: TITLE: Principal
DATE: DATE: March 30, 2022
ATTACHMENTS:

1. Outline of Anticipated Work Effort

2. Kimley-Horn Rate Schedule

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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services ATTACHMENT 1
Outline of Anticipated Work Effort

PROJECT SPECITIC, PROJECT REIMBURSEMENT

1. Project Management
a. Meeting Coordination
 Scheduling
 Meeting Notes
 Follow-up Actions
b. Project Schedule
 In coordination with City staff and Applicant prepare Master schedule for Phase 1A  Provide bi-weekly updates
 Monthly Report of Action that Occurred, Projected Actions for following Month and Critical Milestone Status
c. Project correspondence and documentation

2. Final Map
Map and improvement plans are assumed to be final and approved by staff. a. MMRP and COA General Conformance
b. Subdivision Improvement Agreement, draft in collaboration with the city for recommendation of approval
c. CFD (prepared by others) – assist in coordinating for city approval d. Applicant Cost Estimate Review
e. Title Clean-up – assist and follow-up with In-House Counsel f. License Agreement with Army – Assist staff in coordinating and documenting g. Staff Report Preparation

3. Affordable Housing
a. Coordinate with City in identifying compatible sites for off-site affordable housing b. Planning Review and recommendation approval in collaboration the City c. Coordinate with MCWD on Water Allocation
d. Affordable Housing Agreement & Reporting Process
e. CEQA review for compliance
f. Staff Report Preparation

4. MCWD Coordination
a. LAFCO Annexation
b. Infrastructure Agreement

5. Building Permits for Phase IA (KB-Reimbursement, Project Specific) a. Planning Review and General Conformance with underlying entitlements (Specific Plan, FEIR and Associated Conditions) for City staff designee sign-off  Site Plan/Plot Plan
 Architectural Plans and details
 Landscape Plans and details
b. Public Work Review for city staff designee sign-off
 Finished Grading
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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services  Infrastructure (supplemental, and in-tract)
 Landscape Improvements
 Encroachment
c. Model Home Review
d. Code Compliance Review
e. Application Processing in collaboration with the City

RELATED PROJECT EFFORTS, CITY RESPONSIBILITY

6. Demolition
a. Permitting oversight and coordination of city activities b. License Agreement, draft for in-house council
c. Staff support as needed

7. CFD
a. Coordination with CFD consultants.
b. Staff report preparation
c. Staff support as needed

8. Public Easements
a. Coordination with Public Works on review and approval b. Coordination with the Applicant and their consultant team

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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services ATTACHMENT 2
Kimley-Horn Rate Schedule
Hourly Labor Rate Schedule
Classification Rate
Analyst I $120 - $155
Analyst II $145 - $195
Professional $200 - $220
Senior Professional I $230 - $275
Senior Professional II $315 - $365
Senior Technical Support $100 - $225
Technical Support $95 - $145
Support Staff $80 - $130
Subject to annual adjustment thereafter
Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up.

Sub-Consultants will be billed per the Contract
EXHIBIT B1
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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services Relevant Project Experience
City of Marina, The Dunes Master Plan (Civil and Infrastructure), Marina, CA The Dunes on Monterey Bay, a master-planned community developed within the city of Marina, California. The Dunes included 365,000-square-foot shopping center, neighborhood restaurants, hotels, and a movie theater, all within walking distance of new residential units. Oversaw the master plan and entitlement efforts of the Dunes, including master roadway, infrastructure and drainage plan and design. (Work performed by Kimley-Horn staff prior to joining the firm).

East Garrison, Monterey County, CA
East Garrison is a pedestrian‐friendly, mixed‐use urban village on a 244‐acre parcel of the former military base at Fort Ord. The project embraces the principals of smart growth, sustainable development and traditional neighborhood design by providing a diverse mix of units; as well as a diverse blend of civic uses, churches, public spaces, parks and neighborhood shopping opportunities all balanced within a walkable, transit friendly setting.

As the project facilitator for the Monterey County Resources Agency, staff from Kimley‐Horn (previously with RBF Consulting) played a critical role in the reuse of the former Fort Ord Military Base by providing strategic, technical, administrative, environmental, planning and engineering services. We provided peer review of the proposed Specific Plan and EIR, Tentative Map, associated infrastructure support plans, Final Map, and improvement plans, as well as the scheduling and plan check reviews of on‐site and off‐site improvement plans and supporting technical documents, along with all related transaction agreements. During our review of the Specific Plan/EIR our role centered on the applicability, functionality and feasibility of smart growth principals, and availability of future development and infrastructure to transit, employment and shopping; site accessibility; energy efficiency and conservative strategies; use of native plant species; historic preservation; and community scale, design, diversity and agency/applicant/stakeholder collaboration.

Monterey Peninsula Water Supply Project (California American Water), Monterey, CA Controlled the project budget (approximately $2,000,000 annually), coordinating subconsultants, preparing technical memorandum as well as coordinating the design teams for CAD and GIS. The duties also included design of intake systems that utilize slant wells. The CWP will replace 10,800 afy of water currently drawn from the Carmel River with a water supply based on several potential design alternatives, including seawater desalination and Aquifer Storage and Recovery (ASR) components.

Monterey Peninsula Water Supply Project Pilot Plan (California American Water), Monterey, CA Designed a pilot desalination facility for CWP. The pilot plant is designed to demonstrate the feasibility of pretreatment and desalination with a capacity of 40 gpm. I prepared a Pilot Plant Study Plan to investigate different treatment methods and conditions to determine the optimum design criteria. Engineering duties also included coordination with the vendor contractor and other subconsultants, field inspection of the treatment skid prior to delivery, water chemistry analysis and coordination with local agencies for permitting.

Peninsula Water Supply Project Pilot Plan (California American Water), Monterey, CA Completed computer modeling of water distribution systems, identifying the necessary system improvements, and estimating future water demands for a five-year and fifteen-year capital improvement plan. The Monterey District consists of one main distribution system and several smaller satellite systems. The main system provides an average water supply of about 13.4 MGD to a population of approximately 90,000 located on the Monterey Peninsula and surrounding area.

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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services City of Marina, Imjin Parkway Widening Project, Marina, CA Imjin Parkway is a major east-west arterial within the City of Marina that connects Pacific Coast Highway (SR-1) and Reservation Road, which heads to the Salinas Valley. Due to existing and future residential and commercial land uses, the City retained Kimley-Horn to perform a feasibility study and subsequent environmental clearance and final design of Imjin Parkway from a two-lane to a four-lane facility with median islands, four modern roundabouts, dedicated bike lanes, traffic signal design, left-turn lanes, sidewalks and trails, queue jumps and transit signal priority, class I bicycle and pedestrian facility, and a separate bus corridor for a portion of the route. Additional elements included structural retaining walls, site drainage, and landscaping, which focused on green infrastructure design including stormwater retention and biotreatment basins. The project incorporated the latest roundabout and transit design elements, as well as construction traffic handling and staging. A tight regulatory environment required close collaboration to keep the project moving forward on schedule and within construction budget. This project is federally funded.

Ferrini Ranch, Monterey County Resource Management Agency, Monterey County, CA Kimley‐Horn’s Project Manager prepared this EIR for a subdivision consisting of 212 lots (146 market rate, 23 clustered and 43 inclusionary) on a challenging and hilly property along Highway 68 near Salinas. The project also included a wine tasting facility, new roadways and infrastructure, trails and approximately 600 acres dedicated to permanent open space and habitat area. Major areas of study included aesthetics and visibility from the scenic highway, water supply and hydrogeology, recreational impacts, traffic on the Highway 68 corridor, and the presence of cultural resources. This project took several years to complete as the applicant updated biology and other studies and attracted intensive public comment and scrutiny. The environmental ultimately overcame several legal challenges.

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City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services Elizabeth Cobb
Planning & Development Services/Manager
Elizabeth brings nearly 30 years of policy planning expertise with a comprehensive knowledge of land use development involving acquisition, forward planning, entitlement, financing, and implementation. She brings a unique mix of public and private experience to planning and land development services. Elizabeth has managed projects through predevelopment, responsible for preliminary site plans, evaluating infrastructure, site development costs and directing the entitlement process for new developments, including general plan amendments, zone changes, subdivision and CEQA compliance.

Elizabeth has functioned as project level community liaison responsible for public outreach, public relations, and public hearings.

RELEVANT EXPERIENCE
Development Services
 The Dunes within Former Fort Ord, 200-AC Master Plan Development, Marina, CA*  Tustin Legacy Former Tustin MCAS Base, 400-AC Master Plan Development, Tustin, CA*  Oak Knoll Hospital, Mixed-Use Master Plan, Oakland, CA*  AT Dublin, 80-AC Mixed-Use Master Plan Development, Dublin, CA* Entitlement Services
 The Dunes within Former Fort Ord, Specific Plan & Entitlements, Marina, CA*  Tustin Legacy Former Tustin MCAS Base, Specific Plan, Design Guidelines & Entitlements, Tustin, CA*  Fremont & Capitol Mixed-use, Re-Entitlements, Fremont, CA*  AT Dublin, Specific Plan & Entitlements, Dublin, CA*
 Eden Shores Industrial Park, Specific Plan Amendment, Hayward, CA*  Hitachi Apartments, Entitlements for 600-unit Apartment Development, San Jose, CA*  ILARA Apartments, Entitlements for 200-unit Apartment Development, Milpitas, CA* Municipal Services
 City of Irvine Trail Master Plan Update, Irvine, CA*
 Capehart Residential, Entitlement Processing, Novato, CA*  Hamilton Affordable Housing Program, Affordable Housing Program, Novato, CA*  City of Carlsbad, City Wide Traffic Mitigation Plan, Carlsbad, CA*  City of Irvine General Plan & Circulation Element Update, Irvine, CA* *Prior to joining Kimley-Horn

EDUCATION
Bachelor of Arts, Social
Ecology, University of
California, Irvine
Associate, University of
Southern California

CERTIFICATIONS/

REGISTRATION
American Planning
Association (APA),
Member
Urban Land Institute,
Member
Packet Page 261
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services Sarp Sekeroglu, P.E.

Water/Wastewater
Sarp has 20 years of experience in the water industry in design, project management, construction, planning, team building, and business development. His design background includes projects such as water and wastewater treatment design, system distribution wastewater collection design, preparation of water/wastewater master plans, and seawater desalination. Sarp has managed teams of junior engineers, GIS and CAD technicians, planners, subconsultants, and subcontractors.

RELEVANT EXPERIENCE
 California American Water, System Hydraulic Modeling, Monterey, CA*  County of San Diego, SR 67 30-Inch Sewer Pipeline Crossing, San Diego, CA  County of San Bernardino, Oro Grande Tank Replacement, San Bernardino County, CA  City of Beaumont, Beaumont Sewer Lift Station, Beaumont, CA  City of Escondido, Brine Pipeline, Blended Water Pipeline, and Potable Tank Design, Escondido, CA*  Rincon Indian Tribe, Potable Water Tank Design, San Diego County, CA*  Rincon Indian Tribe, Groundwater Study, San Diego County, CA*  Rincon Indian Tribe, Wastewater Master Plan, San Diego County, CA*  Rincon Indian Tribe, Irrigation System Master Plan, San Diego County, CA*  Rincon Indian Tribe, Water Master Plan, San Diego County, CA*  Rincon Indian Tribe, PRV and Meter Design, San Diego County, CA*  City of Oceanside, Chemical Feed System Review and Design at Mission Desalter, Oceanside, CA*  City of Oceanside, Flow Meter Replacement Project, Oceanside, CA*  City of San Marcos, As-Needed Engineering Services, San Marcos, CA*  City of San Marcos, Creekside Marketplace Well Replacement, San Marcos, CA*  University of California, San Diego, MARFAC Stormwater Pump Station Design, La Jolla, CA* *Prior to joining Kimley-Horn

EDUCATION
Master of Science, Civil
Engineering, San
Diego State University
Bachelor of Science,
Environmental
Engineering, Middle
East Technical
University

CERTIFICATIONS/

REGISTRATION
Professional Engineer,
California, #71474
Packet Page 262
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services Nikki Kerry, P.E.

Senior Civil Engineer
Nikki is a professional engineer with more than 28 years of experience planning, designing, and managing construction for some of the largest development and redevelopment projects in the County of Los Angeles. Her expertise is in managing urban infill projects often involving public private partnerships with multiple agency and stakeholder coordination and consensus. As project manager, she oversees all aspects of a project and specializes in preparing complex master plans, design guidelines, environmental and regulatory approvals and seeing them through construction. Translating planning documents into implementation including CC&Rs, lease agreements, deed restrictions, and subdivision mapping makes her one of the go-to civil engineers in the region for entities like Boeing, Rocketdyne, Veterans Administration and Los Angeles County. Her unique understanding of public/private partnerships has made her one of the regions most trusted advisors.

RELEVANT EXPERIENCE
 Sony Studios Multiple Projects including, Master Plan, Master Plan Build-Out, and Utility Infrastructure Phase 2, and 10100 Culver Boulevard, Culver City, CA
 Boeing Douglas Park Multitude Projects including Master Plan, Environmental Impact Report, Design Guidelines, Infrastructure Build-Out, Tentative and Final Maps, Environmental Remediation, Boeing Enclave, Advisor to the Property Owner’s Association and Long Beach City College Alteon Building, Long Beach, CA  Harbor-UCLA Medical Center Multiple Projects including Master Plan, Master Plan Implementation, Environmental Impact Report, Backbone Infrastructure Build-Out, New Bed Tower, Outpatient Pavilion, Central Plan, and 2 Parking Structures, Los Angeles, CA  Martin Luther King Jr. Medical Center Multiple Projects including Master Plan, Environmental Impact Report, New Lab Building, Red Bag Storage, MRI Building, Hawkins Building Renovation, and Make Ready Projects, Los Angeles, CA
 Ivy Station, Culver City/Los Angeles, CA
 LAC+USC Medical Center Multiple Projects including Master Plan, Environmental Impact Report, Demolition of Women’s’ and Children’s Hospital and Make Ready Projects, Los Angeles, CA  Olive View-UCLA Medical Center Master Plan, Environmental Impact Report and Restorative Care Village, Los Angeles, CA
 VA Loma Linda Ambulatory Care Center Public Private Partnership, Loma Linda, CA  Good Samaritan Hospital Emergency Department Expansion, San Jose, CA

EDUCATION
Bachelor of Science,
Civil Engineering,
North Carolina State
University

CERTIFICATIONS/

REGISTRATION
Professional Engineer,
California, #58449
American Society of
Civil Engineers
California Board of
Professional Engineers
and Land Surveyors –
Civil Subject Matter
Expert, 1996-2010,
2013, and 2014
Packet Page 263
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services Matt Durham, PLA, ASLA
Landscape Architect
Matt has 25 years of experience in management, planning, design, and construction oversight of a wide range of projects. Matt utilizes his leadership, management and technical background in all aspects of the profession and is committed to producing a quality product with high levels of client and team interaction. Matt’s background covers a wide range of project types from master planned communities, park systems, trail and open space planning, streetscapes, education, commercial campuses, institutional facilities, and retail destinations. His experience overseeing projects and teams from conceptualization through construction implementation is critical to achieving successful projects while maintaining strong client relationships.

RELEVANT EXPERIENCE
 City of Irvine, On-Call 5-Year Capital Improvement Projects, Irvine, CA*  Irvine Ranch Land Conservancy, The Irvine Ranch Land Reserve Comprehensive Trails and Open Space Vision Plan, Irvine, CA*
 County of Orange, Boy Scouts of America Outdoor Education Center, Irvine, CA*  County of Orange, 100 ac. Mixed Use Planning and Design Improvements, Irvine, CA*
 City of Brea, Brea Public Trails Improvements, Brea, CA*  City of Rancho Mirage, Monterey Village Community Park/YMCA, Rancho Mirage, CA*  County of San Bernardino Redevelopment Agency, Speedway Redevelopment Project Design Guidelines, Fontana, CA*
 City of Irvine, Portola Springs Community Park and Native American Center, Irvine, CA*  OCTA, Orangethorpe Corridor Grade Separation Aesthetic Guidelines, Orange, CA*  City of Irvine, Cypress Grove Public Neighborhood Park, Irvine, CA* *Prior to joining Kimley-Horn

EDUCATION
Bachelor of Science,
Landscape
Architecture, California
Polytechnic State
University, San Luis
Obispo

CERTIFICATIONS/

REGISTRATION
Registered Landscape
Architect in California
(#4840)
American Society of
Landscape Architects
(ASLA), Member
U.S. Green Building
Council – National
Capital Region,
Member
Cal Poly SLO
Landscape
Architecture
Department Advisory
Board
Packet Page 264
CONTRACT AMENDMENT #2

PROFESSIONAL SERVICES
City of Seaside
Date: January 25, 2023 Change Requested by: _X_ City/District ___ Consultant Contract Date Project Name
___03/03/2022__ ___Campus Town Project Management Services To (Consultant): Kimley-Horn Associates, 1100 W. Town & Country Road, Suite 700, Orange, CA 92868
You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project. The purpose of this addendum is to provide additional professional services related to the project named above.

The contract terms and conditions shall not be modified except for as stated herein.

MODIFY the following text in Section C, “Compensation”
The City shall pay Consultant on a time and materials basis in accordance with the standard billing rates shown in Exhibit B, attached hereto, not to exceed twenty-five thousand dollars ($ 25,000) per month starting February 1, 2023, through January 31, 2024, for services described Exhibit A and Subconsultant fee estimated at one-hundred eighty-thousand and two-hundred dollars ($180,200), for a total estimated fee of four-hundred and fifty-five-thousand and twohundred dollars ($455,200).

MODIFY the following text in Section D, “Expenses”
City will reimburse for professional services and expenses at cost upon submission of receipts.

Expenses incurred specific to Campus Town efforts are considered in addition to Compensation and are passed through to the Campus Town Developer.

MODIFY the following text in Section F, “Term”
The term of this agreement shall commence on January 30, 2023, with contract beginning on February 1, 2023, and terminate January 31, 2024.

ADDITION the following text in Sub-Section G of Section O, “Miscellaneous” By execution of this Agreement, Amendment or Task Order, Client understands Consultant will retain Subconsultant to provide the services described herein solely for the administrative convenience of the Client. Client acknowledges that Consultant will not: engage in the work with the Subconsultant; direct the work of the Subconsultant; or review the work product of Subconsultant, nor will the Consultant be held liable for the Subconsultant’s work in any way.

See contract for balance of addition.

DocuSign Envelope ID: 58776C75-347E-4D28-BB7E-03073B0E8E54 DocuSign Envelope ID: CD50EB6B-002C-4817-8793-1DFA88BF49B9 Packet Page 265
Packet Page 266
Original Contract
Amount
Previous CCO
Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$24,900 $25,000/ month $25,000/ month
$180,200
$455,200
Amendment 1
Contract Time
Original
Completion Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
12 Months April 30, 2023 9 months January 31, 2024
SUBMITTED BY:

Nisha Patel
Public Works Director/ City Engineer
Signature Name and Title Date
CITY APPROVAL BY:

Jaime M. Fontes
City Manager
Signature Name and Title Date
CONSULTANT ACCEPTANCE BY:

Nikki Kerry
Principal
Signature Name and Title Date
DocuSign Envelope ID: 58776C75-347E-4D28-BB7E-03073B0E8E54 DocuSign Envelope ID: CD50EB6B-002C-4817-8793-1DFA88BF49B9 2/2/2023
Packet Page 267
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services January 25, 2023
Submitted Electronically
Ms. Nisha Patel
Public Works Director/ City Engineer

CITY OF SEASIDE
440 Harcourt Avenue
Seaside, CA 93955
RE: Campus Town – Project Contract Services Letter Agreement Dear Ms. Patel:

The scope of services can be generally described as follows:

EXHIBIT A2
Packet Page 268
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services d. Kimley-Horn will rely upon Client’s staff to provide all project financial and legal analysis and directives.

Packet Page 269
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services

Deliverables will be confirmed with the Client prior to initiating.

ACCEPTED
CITY OF SEASIDE KIMLEY-HORN AND ASSOCIATES, INC.

BY: BY: Nikki Kerry, P.E. (CA 58449)
TITLE: TITLE: Principal
DATE: DATE: January 25, 2023
ATTACHMENTS:

1. Outline of Anticipated Work Effort

2. Kimley-Horn Rate Schedule

Packet Page 270
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services ATTACHMENT 1
Outline of Anticipated Work Effort

PROJECT SPECITIC, PROJECT REIMBURSEMENT

4. MCWD Coordination
a. LAFCO Annexation
b. Infrastructure Agreement

5. Building Permits for Phase IA (KB-Reimbursement, Project Specific) a. Planning Review and General Conformance with underlying entitlements (Specific Plan, FEIR and Associated Conditions) for City staff designee sign-off  Site Plan/Plot Plan
 Architectural Plans and details
 Landscape Plans and details
b. Public Work Review for city staff designee sign-off
Packet Page 271
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services  Finished Grading
 Infrastructure (supplemental, and in-tract)
 Landscape Improvements
 Encroachment
c. Model Home Review
d. Code Compliance Review
e. Application Processing in collaboration with the City

RELATED PROJECT EFFORTS, CITY RESPONSIBILITY

6. Demolition
a. Permitting oversight and coordination of city activities b. License Agreement, draft for in-house council
c. Staff support as needed

7. CFD
a. Coordination with CFD consultants.
b. Staff report preparation
c. Staff support as needed

8. Public Easements
a. Coordination with Public Works on review and approval b. Coordination with the Applicant and their consultant team

Packet Page 272
City of Seaside LDMU77003.2022 Campus Town Planning and Public Works Contract Services ATTACHMENT 2
Kimley-Horn Rate Schedule
Hourly Labor Rate Schedule
Classification Rate
Analyst I $120 - $165
Analyst II $145 - $210
Professional $200 - $240
Senior Professional I $230 - $285
Senior Professional II $315 - $375
Senior Technical Support $100 - $235
Technical Support $95 - $155
Support Staff $80 - $140
Subject to annual adjustment thereafter
Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up.

Sub-Consultants will be billed per the Contract
EXHIBIT B2
Packet Page 273
Packet Page 274
Packet Page 275

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Mary Gutierrez, Fire Chief
DATE: February 1, 2024
SUBJECT: AMEND SEASIDE MUNICIPAL CODE CHAPTER 8.32
FIREWORKS; ADDING SECTION 8.32.211 - CURFEW FOR USE

OF SAFE AND SANE FIREWORKS (SECOND READING - ROLL

CALL VOTE)

RECOMMENDATION
Adopt an ordinance amending the City of Seaside Municipal Code Chapter 8.32 fireworks; adding section 8.32.211 - Curfew for the use of Safe and Sane Fireworks.

BACKGROUND
At the October 5, 2023, Regular City Council meeting, the city council discussed and made decisions regarding changes to the use of Safe and Sane fireworks in the city.

The police and fire departments presented eleven (11) recommendations for discussion.

One of the recommendations included having a curfew for the use of safe and sane fireworks during the period when they are sold surrounding the 4th of July holiday period. The city council approved eight (8) of the eleven (11) recommendations. The recommendation to have a curfew necessitates an addition to the City of Seaside Municipal Code Chapter 8.32 fireworks. Section 8.32.211 will be added - Curfew for the use of Safe and Sane fireworks will be added.

Below is a review of the recommendations to be adopted in July 2024.

1. Include parking enforcement team on July 4. - Majority voted YES

2. Increase the number of drones deployed - Majority voted YES

3. Recommend Safe and Sane zones within the City - Majority voted NO

4. Pass out educational fliers to problematic areas earlier - Majority voted YES

5. Increase educational outreach - Majority voted YES

6. Recommend NO PARKING signs / curbs / on General Jim Moore - Majority voted YES Packet Page 276

Item No. 9.A. Page 2 of 2

7. Host community meeting to obtain community feedback - Majority voted YES

8. Curfew for use of Safe and Sane fireworks - Majority voted YES

8.32.211 - Curfew for use of Safe and Sane Fireworks.

There will be a 10:00 p.m. curfew each evening for the use of Safe and Sane Fireworks.

The curfew will go into effect on the first day of the sale of safe and sane fireworks, beginning at 12:00 June 28, and ending at 10:00 p.m. on July 5 (the final day of sales).

Per Ordinance No. 1014 – Ordinance of the City Council of the City of Seaside. The use of Safe and Sane fireworks is permitted during that period, beginning at 12:00 p.m. on June 28 and ending at 10:00 p.m. July 5 of the same year.

9. Enhance enforcement of Sane and Sane fireworks use after the 10:00 curfew - Majority voted YES

10. Sale of Safe and Sane fireworks shall only be sold to city of Seaside residents. - Majority voted NO

11. Discontinue sale of Safe and Sane fireworks on city-owned property. - Majority voted NO

FISCAL IMPACT
No fiscal impact

ATTACHMENTS

1. Fire Works Ordinance chapter 8.32 with Addition November 16_2023 Council Meeting

2. Fireworks Ordinance_ First Reading November 16_2023
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
Packet Page 277
Seaside Municipal Code
Chapter 8.32 FIREWORKS

Page 1 ends

Seaside City CouncilFebruary 1, 2024

Seaside City Council
February 1, 2024