Date: September 5, 2024 Change Requested by: _X_ CITY _ _ Consultant Contract Date Project Name
March 1, 2024 BUILDDING AND SAFETY SERVICES
To (Consultant): West Coast Consultants, Inc., 417 Grand Ave, Suite 201, South San Francisco, CA 94080
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 V. “PAYMENT”
The AGENCY agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed $209,271.87 (Two hundred nine thousand two hundred seventy one dollars and eighty seven cents.) for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
Original Contract
Amount
Previous CCO Total
(Not including this
CCO)
This CCO Total Revised Contract
Amount
$100,000.00 $0.00 $209,271.87 $309,271.87
Original Contract
Time
Original Completion
Date
CCO Days To
Date (Including
This CCO)
Revised Completion
Date
12 months March 1, 2024 0 April 30, 2025
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CONTRACT AMENDMENT #1
PROFESSIONAL SERVICES
City of Seaside
SUBMITTED BY:
Adolfo Gonzalez
Project Manager
Signature Name and Title Date
CiITY APPROVAL BY:
Craig Malin
City Manager
Signature Name and Title Date
CONSULTANT
ACCEPTANCE BY:
Donal Zho
West Coast Code Consultants, Inc.
Signature Name and Title Date
08/30/2024
8/30/24
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CITY OF SEASIDE
STAFF REPORT
Item No.: 8.L.
TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Craig Malin, Interim City Manager
DATE: September 5, 2024
SUBJECT: ADOPT RESOLUTION EXPRESSING SUPPORT FOR ACTIONS TO
FURTHER STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND
CONTROL AS RELATED TO LOCAL ZONING AND HOUSING
ISSUES
RECOMMENDATION
Adopt the resolution.
BACKGROUND
The City of Seaside shares the State of California's goals to have adequate housing to serve our residents. The City notes State restrictions regarding water availability negatively impacts new home construction and renovation to serve a growing population. The City further respectfully notes innovation at the municipal level is not antagonistic to meeting the State's housing goals but is - particular in Seaside - wholly compatible with creating housing opportunities. Thus, the City respectfully requests the State support local efforts to provide housing, rather than creating laws which stifle local control of planning, zoning, and housing initiatives.
FISCAL IMPACT
None.
ATTACHMENTS
1. Resolution
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Item No. 8.L. Page 2 of 2
Reviewed for Submission to the City Council by:
________________________________________
Craig Malin, Interim City Manager
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Meeting Date: 9/5/24
Item #: x.x.
RESOLUTION NO. 24-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
EXPRESSING SUPPORT FOR ACTIONS TO FURTHER STRENGTHEN LOCAL
DEMOCRACY, AUTHORITY, AND CONTROL AS RELATED TO LOCAL ZONING
AND HOUSING ISSUES
WHEREAS, the legislature of the State of California each year proposes, passes, and has signed into law a number of bills addressing a range of housing issues; and WHEREAS, the legislature of the State of California does not allow sufficient time between each legislative cycle to determine if the legislation is successful in bringing about the change for the State of California’s housing issues; and WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose mandates that do not take into account the needs and differences of jurisdictions throughout the State of California; and WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond a ministerial approval; what parking requirements are appropriate for various neighborhoods within their jurisdiction; what plans and programs are suitable and practical for each community rather than having these decisions imposed upon cities without regard to the circumstances of each individual city; and what zoning should be allowed for residential properties is a matter of great import to the City of Seaside among other items related to local zoning and housing issues; and WHEREAS, the City Council of the City of Seaside feels strongly that our local government is best able to assess the needs of our community and objects to the proliferation of State legislation that deprives us of that ability.
NOW, THEREFORE, the Council of the City of Seaside resolves as follows:
Section 1. The City of Seaside is opposed to the current practice of the legislature of the State of California of continually proposing and passing multitudes of bills that directly impact and interfere with the ability of cities to control their own destiny through use of the zoning authority that has been granted to them.
Section 2. The City of Seaside will explore various ways to protect the ability of cities to retain local control over zoning as each individual city within the State of California is best suited to determine how the zoning in their city should be allocated in order to meet the housing needs of the community.
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Section 3. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolution of the Council of this City.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 5th day of September 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.M.
TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Jose Bazua, Economic Development Director
DATE: September 5, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH NBS
GOVERNMENT FINANCE GROUP FOR AN AMOUNT $18,500.00
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an amendment to the professional services agreement with NBS Government Finance Group in the amount of $18,500.00 for Community Facilities District (“CFD”) cost estimation services related to the CFD for Campus Town.
BACKGROUND
In May 2021, the City entered into a Professional Services Agreement with NBS Government Finance Group (NBS) for Community Facilities District (“CFD”) Formation Services for a base contract amount of $32,500. NBS has specialized expertise in this work. NBS completed both the Fiscal Impact Analysis as well as work product related to the formation of the City of Seaside Community Facilities District No. 2022-1 (Facilities and Maintenance Services).
The Campus Town project was identified as part of the Future Annexation Area in CFD 2022-1. NBS will provide special tax consulting services for the annexation of the Campus Town project to CFD 2022-1 and the Cost Estimation Services will inform the special tax rates. Since the Campus Town project is a complex development, NBS requires additional work for the CFD.
The provided Landscaping and Stormwater Control Plans do not provide a summary of the quantities of improvements for the areas that need to be maintained, therefore we Packet Page 300
Item No. 8.M. Page 2 of 2
cannot translate this data into something usable to prepare a maintenance cost estimate. The City of Seaside can provide a Developer Input Form that the developer or their consultant can use to provide the City of Seaside with quantities and then complete the cost estimate. NBS is not scoped for the maintenance cost estimation work, so the level of research needed based on the plans is significantly more effort than can completed without adjusting the scope and fee.
FISCAL IMPACT
The funding for Cost Estimation Services are within the Community, Housing and Economic Development Department Budget for this fiscal year under account 100-7110- 1030.
ATTACHMENTS
1. Resolution
2. Professional Services Agreement
3. Amendment
4. Amendment Scope
Reviewed for Submission to the City Council by:
________________________________________
Craig Malin, Interim City Manager
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Meeting Date: 9/5/24
Item #: X.X.
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP IN THE AMOUNT OF $18,500.00 FOR COMMUNITY FACILITIES DISTRICT (“CFD”) COST
ESTIMATION SERVICES
WHEREAS, the City entered into a Professional Services Agreement with NBS Government Finance Group (NBS) in May 2021 for Community Facilities District (“CFD”) formation services; and
WHEREAS, the base contract was originally approved for an amount of $32,500; and
WHEREAS, additional services are needed under this contract to estimate the cost of maintenance, operations, capital replacement and reserves for identified improvements within the CFD; and
WHEREAS, an additional $18,500.00 is needed on the contract amount to assess the quantities of improvements for the areas that need to be maintained.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorizes the City Manager and City Attorney to execute an amendment to a Professional Services Agreement with NBS for $18,500.00 for CFD Cost Estimation Services PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 5th day of September 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
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-2
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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CFD Creation Page 1 of 18 COS Non-Construction PSA
CITY OF SEASIDE
PROFESSIONAL SERVICE AGREEMENT FOR NONCONSTRUCTION PROJECT CFD Formation Services
THIS PROFESSIONAL SERVICES AGREEMENT (with all exhibits attached hereto “AGREEMENT”) is made as of ________, by and between the City of Seaside (“AGENCY”), a municipal corporation and NBS Government Finance Group, a California Corporation, dba NBS with its principal place of business for purposes of this contract at 32605 Temecula Parkway, Temecula, CA 92592, for services related to the exploration, preparation and implementation of a Community Facilities District (CFD) in Seaside, California. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. TERM
This AGREEMENT shall commence on July 12, 2021 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 11, 2022 unless sooner terminated pursuant to the provisions of this AGREEMENT.
II. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
III. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.
IV. AGENCY MANAGEMENT
Agency’s City Manager, or designee, shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to CONSULTANT.
Agency’s Manager shall be authorized to act on AGENCY's behalf and to execute Packet Page 304
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all necessary documents which enlarge the Tasks to Be Performed or change CONSULTANT's compensation, subject to Section 5 hereof.
V. PAYMENT
A. The AGENCY agrees to pay CONSULTANT monthly based upon actual time spent on the above tasks. This amount shall not exceed $35,000 for the total term of the AGREEMENT, exclusive of any and all reimbursable expenses.
B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and CONSULTANT at the time AGENCY's written authorization is given to CONSULTANT for the performance of said services.
C. CONSULTANT will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.
VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT at least ten (10) days prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the AGENCY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the AGENCY. Upon termination of the Packet Page 305
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AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the AGENCY pursuant to Section 5.
VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.
B. If the Agency Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.
VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by AGENCY that relate to the performance of services under this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
IX. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of the AGENCY and may be used, reused, or otherwise disposed of by the AGENCY without the permission of the CONSULTANT.
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X. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless AGENCY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless AGENCY shall not extend to the AGENCY’s sole or active negligence.
B. Duty to defend
In the event the AGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by AGENCY, CONSULTANT shall defend the AGENCY at CONSULTANT’s cost or at AGENCY’s option, to reimburse AGENCY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and AGENCY, as to whether liability arises from the sole or active negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be obligated to pay for AGENCY’s defense until such time as a final judgment has been entered adjudicating the AGENCY as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
XI. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit B attached to and part of this AGREEMENT.
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CFD Creation Page 5 of 18 COS Non-Construction PSA
XII. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the AGENCY a wholly independent consultant and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.
B. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, AGENCY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for AGENCY. AGENCY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.
XIII. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at all times observe and comply with all such laws and regulations. The AGENCY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.
XIV. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the AGENCY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the AGENCY has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT.
Violation of this Section shall be a material breach of this AGREEMENT entitling the AGENCY to any and all remedies at law or in equity.
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XV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of AGENCY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this AGREEMENT.
XVI. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without AGENCY's prior written authorization.
CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the AGENCY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives AGENCY notice of such court order or subpoena.
B. CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the AGENCY, unless the AGENCY is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the AGENCY of such Discovery. AGENCY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless AGENCY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with AGENCY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, AGENCY's right to review any such response does not imply or mean the right by AGENCY to control, direct, or rewrite said response.
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XVII. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To AGENCY: City of Seaside
City Manager
440 Harcourt
Seaside, CA. 93955
To CONSULTANT: NBS
Michael Rentner
32605 Temecula Parkway, Ste. 100
Temecula, CA 92592
XVIII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the AGENCY.
XIX. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT.
XX. GOVERNING LAW
The AGENCY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement.
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Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY.
XXI. ENTIRE AGREEMENT
XXII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CONSULTANT
By:___________________
(Signature)
Michael Rentner, President
(Typed Consultant Name)
______________________
Craig Malin
City Manager
City of Seaside
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this AGREEMENT or with respect to the terms and conditions of this AGREEMENT, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
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Proposal for:
Formation of a Community
Facilities District (CFD)
May 6, 2021
nbsgov.com
Aerial view of City of Seaside
via Google Earth
I N F O R M A T I O N P A G E
Firm Submitting Proposal:
NBS Government Finance Group, DBA: NBS
Project Leader Contact Information:
Sara Mares, Director
870 Market Street, Suite 1223
San Francisco, CA 94102
T: 800.434.8349
F: 415.391.8439
E: [email protected]
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helping communities fund tomorrow
870 Market Street, Suite 1223
San Francisco, CA 94102
Toll free: 800.434.8349
nbsgov.com
May 6, 2021
Craig Malin
City Manager
City of Seaside
440 Harcourt
Seaside, CA 93955
RE: Proposal for Formation of a Community Facilities District (CFD) Dear Mr. Malin,
We understand that the City of Seaside (City) requires a special tax consultant to form new Community Facilities Districts (CFD) related to the redevelopment of the former Fort Ord site. It is important that any new CFD formed incorporates the current plans for development but also provides flexibility to accommodate changes to those development plans. Various technical and legal challenges must be successfully addressed, as well as the long-term administration needs.
NBS has recently completed similar CFD formation projects for other City clients, including other base reuse projects, and is uniquely situated to assist the City. We take a sensible approach to CFD formations, balancing those needs mentioned above. NBS also provides ongoing administration of many CFDs across the State. Importantly, NBS has worked in Monterey County for more than 15 years, so we are familiar with County departments as well as the County Assessor’s data.
Additionally, staff assigned to the CFD Formation and Bond Issuance Disclosure projects are registered Municipal Advisor Representatives and bring that training to both the infrastructure CFD formation as well as the subsequent bond issuance disclosure. When NBS represents a public agency, we are your advocate. NBS does not act as a developer consultant for CFD formation work, so we are positioned to fully advocate for City interests.
For these reasons, we believe that NBS is the most qualified firm to provide these CFD services. NBS’ long history of providing these services gives us the advantage of being able to develop solutions that will make long-term sense to the City, its property owners, and constituents.
Please contact me at 800.434.8349 or via email at [email protected] if you have any questions or would like to discuss our professional qualifications further. We would genuinely like to work on this project and help the City move forward successfully.
Sincerely,
Sara Mares, Director
Staff assigned to this project has 40-plus years of collective experience forming and administering CFDs.
During that time, we have developed and refined our CFD rate modeling pro forma as well as kept up to date with recent legal challenges and changes. Of late, the issue of Accessory Dwelling Units has come to the fore and we recommend addressing in each RMA how those units might be taxed within a CFD.
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TABLE OF CONTENTS
1 | DESCRIPTION OF STUDY UNDERSTANDING ............. 1
2 | METHODOLOGY .................................................... 4 3 | SCOPE OF WORK ................................................... 5 4 | TIMETABLE ........................................................... 8 5 | PERSONNEL ........................................................ 10 6 | QUALIFICATIONS ................................................. 15 7 | REPRESENTATIVE STUDY DESCRIPTIONS/CLIENT
REFERENCES ............................................................. 18 8 | COST ESTIMATES OF CONSULTING FEE ................. 21 APPENDIX................................................................. 22
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Proposal for City of Seaside NBS | 1
1 | DESCRIPTION OF STUDY UNDERSTANDING
The City is looking for a Consultant to assist in the formation of a Community Facilities District (CFD) of approximately 830 acres to finance the operations, maintenance, and administration of services and facilities associated with the development of land, which is largely but not exclusively under City ownership, of a former military base (the former Fort Ord). The area includes two specific plans, largely unbuilt as yet, including a 1,485-dwelling unit “Campus Town” project with mixed uses including commercial and a hotel, and a “Main Gate” project of approximately 500,000 square feet of retail and a 250 room hotel. The “Main Gate” project will likely be transitioned to be a mixed-use residential / commercial project in the future.
Water infrastructure and a new fire station are among the expected facilities to be constructed within the CFD. The scope of services for this project requires a project team with extensive experience in special tax consulting and the formation of community facilities districts.
NBS will approach this project as a problem solver and advocate for the City. Upon award of contract, our first order of business is to hold a kickoff meeting to establish lines of communication with City staff and sketch out project milestones, including regular check ins. At that meeting, we will also seek to understand the specific nuances related to this project and the proposed development. While we have decades of experience forming and administering CFDs, each project is unique, and the solution will reflect that.
Provided below are the areas the City’s Selection Committee values as it considers a Consultant for forming a CFD.
PROJECT MANAGER AND TEAM EXPERIENCE
As the assigned project manager of this engagement, Sara Mares has more than 20 years of experience with NBS. Specializing in the formation of Community Facilities Districts and related bond issuance, Sara coauthored NBS’ Community Facilities Districts publication and is highlighted in our video on the same topic.
More information can be found in Section 6 Qualifications. The additional team members proposed for this project have nearly two decades of combined experience with district formation operations. Our team’s qualifications are detailed in Section 5 Personnel.
ADHERANCE TO TIME FRAMES
The ultimate proof of meeting deadlines is best provided by our client references as found in Section 7 Representative Study Descriptions/Client References. We highly encourage you to contact these references.
CLIENT RESPONSIVENESS
Again, our clients are the best advocates of how we respond to our clients’ requests. Please contact the references we have provided in Section 7.
QUALITY OF WORK
Our team offers an extensive array of technical experience that will be essential for successfully completing this project. Quality assurance and quality control are paramount on every aspect of this endeavor. NBS has redundant review processes and quality control systems in place to ensure the highest level of accuracy and service, including the following:
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• Various cross checks on data; reconciliation of data to source files • Management review of all processes and systems; monthly status reports • Peer and management review of reports
• Review and sign off by appropriate agency staff, legal counsel and others on the project team • Routine reminders regarding project timeline and outstanding data requests This commitment to the quality of our work has allowed us to consistently provide outstanding services to our clients.
COMMUNITY RELATIONS
Throughout the formation process, NBS will participate in meetings with project stakeholders and City Council members. Some of the first questions we ask will be geared toward gaining an understanding of the needs of the City and community as a whole. We regularly present to such legislative bodies and have developed published resources that provide background on the CFD as a financing tool. NBS has a toll-free phone number available for citizens to make contact should any questions arise with regard to the proposed CFD.
EFFECTIVE COMMUNICATION
As your dedicated Project Manager, I have extensive experience working with all aspects of the formation and debt issuance process, including planning, project management, budget analysis, rate modeling, financial analyses, formulation of rate and methods of apportionment, and communicating these sometimes complex topics into understandable terms for citizens, elected officials and City staff to comprehend. I speak regularly at both conferences geared to public officials and in public forums such as City Council Meetings.
TAILOR MADE
Each agency has specific needs and objectives related to its CFD formation and revenue program. NBS’ strong suit is identifying and meeting those needs. Our kickoff meeting will:
• Establish lines of communication
• Clarify the specific project goals and criteria that will meet the City’s preference • Identify and resolve any special circumstances regarding the formation of the CFD • Develop project schedule to meet legal requirements and provide for effective interaction of all involved parties
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OFFICE LOCATIONS
Our regional office is located in San Francisco with our headquarters based in Temecula. We have the tools to accomplish all aspects of the project’s work plan remotely from NBS offices. We utilize video conferencing, email and telephone to coordinate on the project and review deliverables in an effective manner. We also have staff available to travel to on-site meetings as needed and as may be appropriate.
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2 | METHODOLOGY
The overall goal of the City will be to adopt a methodology that is fair and equitable, accommodates future development, is easy to administer and will ensure that the special tax is apportioned as outlined in the special tax report. NBS’ first step to formulating a methodology that meets the City’s stated goals is to gain a clear understanding of the underlying property data, the proposed land use/development plans, the specific goals related to the use of the CFD, and any community concerns or issues. We bring our years of experience handling ongoing CFD administration to bear as we create a formula that relies on objective, available data. Our prior work fixing troubled districts provides valuable perspective as we craft a special tax structure that is thoughtfully designed and resilient to future changes.
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3 | SCOPE OF WORK
Exhibit A
To ensure full compliance with the City’s requirements, we have provided the Scope of Services below as noted within the RFP. We have annotated this Scope in italics for clarity in our response, as well as to add additional steps that NBS recommends as necessary for robust support of the CFD.
1. GATHERING OF INFORMATION
The Consultant shall meet with city staff to establish the CFD's schedule of events, procedural and financial considerations, discuss the proposed operations and maintenance costs of the various facilities/services and their eligibility, identify the boundaries of the CFD and establish criteria to meet the goals of the formation.
NBS will meet with City staff and the project team to gain a clear understanding of the goals and objectives, unique factors and desired outcomes.
2. EVALUATION OF THE FINANCING ALTERNATIVES
Consultant will prepare a special tax methodology to present to City staff and legal counsel. The final special tax methodology shall provide the following:
A. Description of the maintenance & operations for services/facilities and the administrative overhead to be subject to the special tax including cost estimates.
B. Calculation of a special tax rate which captures all or as many costs as possible including administration costs and also includes an escalator to help cover increased costs due to inflation, and into perpetuity.
C. A special tax methodology which allows future developments to be annexed into the District.
D. A special tax methodology that adheres to the current laws and statutes.
E. Allocation of the special tax to fairly spread costs between all affected parcels.
Based on our understanding of the project goals, NBS will provide a proforma analysis illustrating the special tax methodology, including all assumptions related to the costs/debt/development. NBS will also provide a draft of the Rate and Method of Apportionment that expresses the calculations in words and provides provisions for the annexation of future development.
3. PREPARATION OF REQUIRED DOCUMENTS / DOCUMENT REVIEW
In coordination with the City Staff and legal counsel, consultant will review and prepare various documents required for the District formation proceedings. The Consultant shall assist City Attorney / Legal Counsel with the preparation of required documents, including the Resolution of Intention, Resolution of Formation, and related items as deemed necessary. Consultant shall also provide necessary data and advice to City Attorney / Legal Counsel regarding the implementation of the CFD.
This task includes the following:
A. Preparation of a special tax report detailing all costs and services to be subject to the special tax, parcels included in the District and the special tax methodology used to calculate the rate.
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B. Review all costs and services to ensure that the operations, maintenance, and overhead costs of the City are being met and to ensure that the anticipated flow of special tax revenues are consistent with assumptions used in the special tax methodology.
C. Preparation of necessary Boundary Diagrams/Maps.
NBS will work with City staff, legal counsel and any other members of the project team to prepare the required CFD documents, including the Rate and Method of Apportionment, Resolutions, Special Tax Report, Boundary Map, Ballots and Notices. Work product will go through our rigorous internal review process before being distributed to the project team.
4. CLASSIFICATION OF PROPERTY
The Consultant shall determine an appropriate special tax classification for each parcel located in the CFD and shall include the following subtask:
A. Exempt Property: Identify all property owned by public agencies or entities otherwise exempt from the special tax and classify as exempt property.
In addition to property owned by a public agency, NBS will identify all property that is anticipated to be nontaxable in the future such as parks, schools, open space, etc. Consideration will also be made for any affordable housing or other property that may be exempt under the requirements related to the Welfare Exemption provisions of the CFD Act.
5. PROJECT TEAM MEETING
Consultant will meet with City staff to review the preliminary analysis of the special tax methodology. Based upon the comments received at the meeting, Consultant will finalize the methodology.
6. MEETING ATTENDANCE
Consultant staff shall attend meetings with City staff to acquire information, present methodology, and review formation documents. Attendance at City Council meetings to present information and answer questions as necessary. In addition, Consultant's team members will attend any informational property owner meetings as requested by the City. It is expected that at all meetings Consultant will be providing advice and be available to answer questions, as well as, present relevant materials.
Depending on public health circumstances at the time of each meeting, NBS will be available either via phone/video conference or in person as needed. For purposes of developing a project budget, we have assumed all meetings and presentations will be conducted remotely; however, should the City request or require attendance of NBS staff at on-site meetings or presentation of results, we have included a per meeting cost option for the City’s consideration.
7. SPECIAL TAX ANALYSIS REPORT
Consultant will finalize the results of the Special Tax Analysis into a Final Report which will identify the costs and services to be subject to the special tax and their respected costs; the method used for the parcels; a diagram which shows the special tax parcels, and a listing of the proposed special tax amount per affected parcel.
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NBS will prepare the final Special Tax Report that includesthe cost estimates, Rate and Method of Apportionment, boundary map and description of facilities and services.
8. NOTICE OF FORMATION/RECORDATION OF SPECIAL TAX
After the district is formed accomplish all necessary notices and including Cash Collection/Notice of Confirmed Lien amounts including preliminary special tax amount, to all affected property owners of record within the confirmed District, as required by the 1913 Act and if applicable, prepare, present and file the List of Assessments, and furnish up to ten (10) copies for the appropriate public officials and other agencies.
While a Cash Collection Notice is not a required step of a CFD Formation, should the City wish to optionally allow for a pre-bond prepayment period within the CFD, NBS can assist with that process. Otherwise, NBS will assist with the recordation of the Notice of Special Tax Lien as required.
9. DISCLOSURE
The Consultant shall assist the City in the preparation of special tax disclosure documents pursuant to Section 1102.6b of the Civil Code and Section 53340.2 of the Government Code (as amended by SB 1464).
NBS’ Customer Care department can prepare the required real estate notices and can provide support to both English- and Spanish-speaking callers.
10. RESPONSIBILITIES OF THE CITY
A. Designate a project manager to manage and coordinate the project.
B. Make available records and documentation in conjunction with preparation of the special tax methodology, including estimated maintenance and operations costs, administration costs, and any other estimates of costs eligible for the special tax.
C. Provide any needed sketches or legal descriptions.
D. Schedule, administer, and accomplish the publishing and mailing of required notices in accordance with the Act, and the Government Code; schedule meetings and hearings as required under the Act; and prepare all notices and all resolutions required by the City Council pertaining to the Public Hearing.
E. Process environmental review (if applicable), and/or arrange for exemption.
F. Prepare and/or provide all Right-of-Way documentation, as required.
G. Estimates for annual costs for operations and maintenance of facilities shall be provided.
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4 | TIMETABLE
The following is an overview of our proposed project schedule. We will discuss a detailed schedule at the kick-off meeting, along with the expected timing for individual tasks.
PROJECT SCHEDULE FOR THE CITY OF SEASIDE
Estimated Timeframe Scheduled Tasks
15-30 days
NBS distributes data request for CFD Formation
Kickoff Meeting Scheduled
Data gathered
30-60 days
CFD Modeling and evaluation of financing alternatives, Classification of property Review and refinement of CFD Modeling
Preparation of CFD documents
Document review
Public Hearing must be not
less than 30 or more than
60 days after Intent Meeting,
Landowners can waive the
90-day election noticing
with 100% consent
Intent Meeting – Consider Resolution Adopting Local Goals & Policies (if needed) and Resolution of Intention, including Boundary Map/Rate and Method of Apportionment and setting the date of the Public Hearing Publication of the Hearing Notice in the local adjudicated newspaper at least 7 days prior to Public Hearing
Boundary Map must be recorded on or before this date
Public Hearing – City Council allows any public comments either oral or written.
City Council determines whether there has been a majority protest or not, then considers Resolution of Formation calling a Special Election Election – City Clerk canvasses the Ballots, informs the City Council that the Question of levying the tax is approved, City Council considers the Resolution Declaring the Results of the Election and the first reading of the Ordinance Levying the Special Tax
15-30 days
Notice of Special Tax Lien recorded
Ordinance Meeting – Second Reading of Ordinance Levying the Special Tax Publication of Ordinance
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City Stakeholders, Management and Staff
Project Management Client
Services
Sara Mares
Project Manager
Nicole Kissam
Client Services Director
Nick Dayhoff
Senior Consultant
Zaire Marin
Financial Analyst
5 | PERSONNEL
One of our greatest strengths and a critical element in successful project execution is a team that works cohesively, efficiently, and has expertise in resolving complex issues. Our proposed project team has an in-depth understanding of recent changes to laws, codes, and regulations affecting local governments, including Proposition 218. We treat our clients as partners by developing an intimate knowledge of their needs and responding with strategic and timely solutions.
The staff selected are those most qualified based on their experience and backgrounds. Outlined below is a brief overview of NBS’ proposed consulting team for the City.
Project Organizational Chart
SARA MARES, PROJECT MANAGER
Roles and Responsibilities: Sara Mares will be the primary day-to-day contact for the City’s project. She will work closely with City staff and the team and be in regular communication with the City, the financing team, and all others involved in the process. Sara will also provide review of all work product.
Work Experience: Sara Mares is a Director with NBS with more than 20 years of experience with NBS. She forms Special Financing Districts (SFDs), specializing in Community Facilities Districts and related bond issuance. She also has significant background in forming various types of Assessment Districts. Sara has experience working with all aspects of the formation and debt issuance process, including planning, project management, budget analysis, rate modeling, financial analyses, formulation of rate and methods of Packet Page 324
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apportionment, and public presentations. She spent many years involved in ongoing special district administration, including working with troubled districts, and brings that experience and perspective to every formation project she works on. She is a Registered Municipal Advisor.
NICK DAYHOFF, SENIOR CONSULTANT
Role and Responsibilities: Under the direction of the project manager, Nick Dayhoff will be actively involved in the daily management of district formation operations.
Work Experience: Nick Dayhoff has been with NBS for more than 15 years. As a Senior Consultant, he forms and administers Special Financing Districts (SFDs), and is actively involved with new district formations and bond issuance/refunding analysis, feasibility studies, as well as daily management of district administration operations. Nick is a Registered Municipal Advisor.
ZAIRE MARIN, FINANCIAL ANALYST
Role and Responsibilities: Under the direction of the Project Manager, Zaire Marin will assist in completing the day-to-day activities. He will also facilitate data collection and reminders to City staff in order to keep projects moving along the agreed upon timeline for completion.
Work Experience: Zaire obtained his Bachelor of Arts degree in Economics with an emphasis in Financial Accounting from UC Riverside. After obtaining his undergraduate degree, he began his special tax consulting career and quickly obtained his Series 50 certification to become a Registered Municipal Advisor. He has performed several fiscal impact and market analyses, putting his economics background to use. He is experienced with the formation and administration of Special Financing Districts (SFDs).
NICOLE KISSAM, CLIENT SERVICES DIRECTOR
Roles and Responsibilities: Nicole Kissam will act as a representative of our corporate commitment to providing the highest level of service. She will ensure that the City’s fundamental objectives are being met at all times.
Work Experience: Nicole Kissam is Director of NBS’ Financial Consulting Group. She has an extensive background in public sector consulting, city government, corporate management, marketing and public relations. Nicole has been a financial and management consultant to local government for 20 years, specializing in cost recovery policy, strategy, and analysis. Her subject matter expertise includes cost allocation plans, user and regulatory fee analysis, impact fee analysis, financial plans, business process improvement, and operational best management practices for California agencies. Nicole holds a Bachelor of Science in Business Administration from California Polytechnic State University in San Luis Obispo.
Full resumes for key personnel are on the following pages.
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EDUCATION
• Bachelor of Arts, with honors,
Economics, Mills College
• Continuing education from UC
Davis, UCLA, CDIAC, etc.
HIGHLIGHTS
• Registered Municipal Advisor
Representative
• 20 years of experience
• Expert Special Tax Consultant
• District Formations
• Reassessment Consulting
• Proposition 218
AFFILIATIONS
• California Society of Municipal
Finance Officers (CSMFO)
• California Special Districts
Association (CSDA)
• Committee on Special
Assessments, Taxes and Other
Financing Facilities (CASTOFF)
• Women in Public Finance (WPF)
SPEAKING / MEDIA
• Financing New Projects with New
Revenues: CFD and Assessment
District Planning, Implementation
and Compliance. 2019 CSDA
Annual Conference
• Special Financing District Update,
2018 CSACA Property Tax
Managers Meeting
• “Community Facilities Districts, A
Robust Funding and Financing
Tool for Local Governments in
California.” Published by NBS,
2018
• “An Introduction to Community
Facilities Districts.” NBS video
2019
BIOGRAPHY
Sara Mares is a Director with NBS. She forms Special Financing Districts (SFDs), including Community Facilities Districts, Property and Business Improvement Districts, 1913 Act Assessment Districts, Landscape and Lighting Districts, Benefit Assessment Districts and Fire Assessments. Sara has experience working with all aspects of the formation process, including planning and feasibility, project management, budget analysis, development of Rate and Method of Apportionment and Engineer’s Reports and presentations. She also has significant experience with ongoing SFD administration including levy submittal, delinquency management and continuing disclosure.
RELEVANT PROJECT EXPERIENCE
TEAM RESUME
SARA MARES | Director
• City of Patterson CFD Formation.
Formation of services CFD with
Future Annexation Area,
Subsequent Annexations. CFD
funds maintenance and operation
of streetlights, landscaping storm
drainage, etc., for residential
property in the City. Formation
completed in 2018, subsequent
annexations through 2020.
• City of Lincoln CFD 2019-1
(Independence). Formation of
facilities CFD that transitions to a
services CFD. CFD finances
transportation, water system ,
recycled water system, drainage,
wastewater, and park
improvements and will transition
to fund park maintenance and
capital replacement. Formation
completed in 2019.
• Other Projects. Desert
Recreation District, City of
Alameda, City of Elk Grove, City of
Hesperia, City of Vacaville, City of
Carson, East Bay Regional Park
District
• Altadena Library District CFD
Formation. In 2020, the need for
significant updates to aging
facilities led the District to engage
NBS to form a CFD to finance
those infrastructure needs.
Additionally, with the existing
parcel tax sunset on the horizon,
NBS worked with the District to
include a services special tax
component of the CFD that would
replace those services revenues
and provide for a perpetual,
stable funding source into the
future. The CFD has been formed
and was approved by registered
voters in the District.
• City of Rio Vista CFD Formation,
Complex Workout including
refinancing existing CFD debt,
formation of a new CFD to
restructure a portion of the
existing CFD debt and funding of
additional services. CFD
Formation and Bond Issuance
completed in 2018.
“Thank you so much for all of your guidance, advice and support this year. We definitely wouldn't have been able to accomplish this amazing feat without your experience and knowledge!!” Nikki Winslow, Library District Director, Altadena Library District Packet Page 326
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TEAM RESUME
NICK DAYHOFF | Senior Consultant
EDUCATION
• Bachelor of Arts, Finance,
California State University, San
Diego
HIGHLIGHTS
• Registered Municipal Advisor
Representative
• Seasoned Professional in District
Administration
• District Formations, including
PBIDs/CBDs and CFDs
• Sewer Charge Administration
• Continuing Disclosure
• Proposition 218 Compliance and
Notification
BIOGRAPHY
Nick Dayhoff is a Senior Consultant with NBS where he forms and administers Special Financing Districts (SFDs). He is actively involved with a broad range of new district formations, bond
issuance/refunding analysis, and feasibility studies, as well as the daily administration of various types of SFDs over seven agencies, 22 SFDs, and approximately 1.15 million parcels.
RELEVANT PROJECT EXPERIENCE
• East Bay Regional Park District,
CFD No. AC-3: Formation of CFD,
subject to voter approval on
November 6, 2018. CFD funds
maintenance of parks, trails, open
space, public safety services,
recreation and open space
program services, flood and
storm protection services, etc.
Formation completed in 2018.
• Valley-Wide Recreation and Park
District: Multiple ongoing CFD
Formations. CFDs fund park and
landscape maintenance.
Formations completed 2015-
2020.
• Uptown Long Beach PBID.
Renewal of existing PBID.
Assessment funds sidewalk
maintenance, security, and
marketing. Formation completed
in 2018.
• San Diego County Citrus Pest
Control District: Formation of a
citrus pest control assessment
district. Formation completed in
2018.
• Additional CFD Formations in
Progress: Valley-Wide Recreation
and Park District, City of Carson
and City of Belmont.
“I really appreciated
the touch-base
meeting we had
recently, and look
forward to working
with you in the
coming fiscal year.”
Felicia Newhouse, Assistant
General Manager, Ross Valley
Sanitary District
• 15 years with NBS
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TEAM RESUME
ZAIRE MARIN | Financial Analyst
EDUCATION
• Bachelor of Arts, Economics,
Concentration in Financial
Accounting, University of
California, Riverside
HIGHLIGHTS
• Registered Municipal Advisor
• Administers 37 Special Financing
Districts (SFDs) across 23 counties
throughout California
• Responsible for preparing the
annual levy of more than 200,000
parcels
• Fiscal Impact Analyses
• Annexations
• Bond Refundings
• District Administration
• District Audits
• Special Projects
• Continuing Disclosure
BIOGRAPHY
Zaire Marin is a Financial Analyst at NBS where he is actively involved with the daily administration and formation of Special Financing Districts (SFDs), annexation of property to SFDs, the preparation of fiscal impact analyses, and a variety of special consulting projects.
Types of SFDs that he has administered include Mello-Roos Community Facilities Districts (CFDs), 1913/1915 Act Assessment Districts (ADs), Benefit Assessment Districts (BADs), Business Improvement Districts (BIDs), Landscape and Lighting Districts (LLDs), and other parcel-based charges.
PROJECT EXPERIENCE
• City of Moreno Valley
Comprehensive Park Maintenance
Feasibility Study and Service Level
Analysis and CFD Formation.
Identified three solutions for the City
to implement to ensure sufficient tax
revenue for existing SFDs to provide
ongoing community services, parks,
and parks improvement programs at
their desired, optimal levels. The
analysis led to the formation of a new
CFD, the revenue stream of which will
allow the City’s Parks and Community
Services Department to accomplish
its goal of providing optimal
community services and recreation
opportunities for residents and
employees.
• City of Union City Fiscal Impact
Analysis for the Union City Station
East Development. Identified the
fiscal impact a 25-acre mixed-use
development would have on City
General Fund Revenues and
Expenditures by analyzing City
financials and projecting future
revenue and expenditures resulting
from the addition of new
infrastructure, residents, and
employees to the City. The analysis is
expected to lead to the formation of
a new CFD, the revenue stream of
which will mitigate the negative fiscal
impact of the proposed development
and allow the City to provide public
services at an optimal level to current
and future residents and employees
of, and visitors to the City.
• Southern Humboldt Community
Healthcare District Parcel Tax District
Administration. Administer a parcel
tax district spanning Humboldt and
Mendocino County that provides
financing to ensure continued local
access to emergency room care,
acute hospital care, community clinic,
skilled nursing facility, and various
other health care services for
residents of the District and visitors
to the area. Manage a database of
9,000 parcels used to track building
use code to calculate the annual levy
of parcels per the method of
assessment described in the
resolution authorizing the parcel tax
district. Enrolled over $1,100,000 in
parcel taxes to the Fiscal Year
2020/21 tax roll.
• City of Lincoln CFD 2006-1 Series
2013 Refunding (Special Tax
Refunding Bonds, Series 2011).
Worked closely with the City’s
contracted Financial Advisor,
Bond/Disclosure Counsel, and
Underwriter to prepare a fund
analysis showing the amount of
savings to CFD 2006-1 property
owners that would result from the
refunding. Compiled value to lien,
overlapping debt, historical assessed
value and delinquency data tables
that were included in the Final
Official Statement of the Special Tax
Refunding Bonds, Series 2021 and
contained information used by
potential buyers of the Refunding
Bonds to assess the financial health
of the underlying CFD 2006-1 IA 1
and the investment worthiness of
the Bonds.
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6 | QUALIFICATIONS
Revenue Versatility.
All of our clients have the ultimate goal of maintaining the highest possible level of servicesto all who live, work and play in their communities. We focus on each municipality’s unique needs and circumstances by supporting a wide range of revenues.
Uncommon Expertise.
We proactively seek to educate the public. From creating guidebooks; to helping navigate the laws, codes, and regulations affecting local governments; to sponsoring workshops, NBS University and other speaking engagements: we forge the way in industry expertise. Our team members are often asked to speak at seminars and conferences as well as serve as expert witnesses.
Registered with MSRB and SEC.
We studied it, we passed the exams, and now we eat, breathe, and live revenue analysis. Being a Municipal Advisor registered with the U.S. Securities and Exchange Commission (SEC) and the Municipal Securities Rulemaking Board (MSRB) means that we have a fiduciary duty to municipal entities to help protect them and the public interest while promoting transparency.
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District Consulting Group
In
Business
NBS is a 100%
employee-owned
S-Corporation
NBS HEADQUARTERS
32605 Temecula Pkwy | Suite 100
Temecula, CA 92592
SAN FRANCISCO REGIONAL OFFICE
870 Market Street | Suite 1223
San Francisco, CA 94102
CONTACT
Sara Mares | 800.434.8349
[email protected]
LEGAL NAME
NBS Government
Finance Group
DBA
NBS
INDIVIDUAL AUTHORIZED TO NEGOTIATE
AGREEMENT
Michael Rentner, President
The NBS District Consulting Group ensures your Special Financing Districts (SFD) and related revenue tools are well-developed from their inception, and then administered robustly over their lifetime.
We act as strong advocates for our public agency clients to ensure that any SFD or other revenue tool is appropriate and well-crafted for the need. Throughout our engagement, we provide sage guidance and recommendations. We are often called upon to present complex issues to councils, boards and interested parties.
We have supported thousands of SFDs including millions of parcels, and have worked through virtually every conceivable challenge in their use. Our experience is with all manners of special assessments, special taxes – including Community Facilities Districts (CFDs) – and other fees.
Whether the need is identifying and funding negative fiscal impacts, financing needed infrastructure, or providing community-desired services, our expert consultants have deep experience and help navigate the challenges.
AT-A-GLANCE: HELPING COMMUNITIES FUND TOMORROW
Since 1996, NBS has supported California
municipalities with the implementation
and ongoing administration of local
funding tools.
While the firm originally focused on
Special Financing Districts (SFDs),
specifically the formation and
administration of special assessments and
taxes, we have evolved with our clients’
needs and now provide a full range of
revenue consulting services. We focus on
sustainable water and wastewater utility
rate programs, cost allocation plans, cost
recovery, and legally-justified fee design.
Across all practice areas, we have worked
with more than 500 public agencies to
date, including cities, counties, school
districts, utilities, and special districts.
25 YEARS
49 employees
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Publications and Video
NBS’ Community Facilities Districts (CFDs) publication. We believe in continuing education, not only for our own team, but also for our clients and municipal staff.
As industry leaders, we have a unique set of qualifications and experience in the work we perform. In that regard, we have published four booklets on related industry topics that can be downloaded at no charge at
www.nbsgov.com/publications. For a hard copy, please call 800.676.7516 or email [email protected].
Community Facilities Districts (CFDs) (2018) explains this robust funding and financing tool for local governments in California and precisely relates to the City’s current project needs.
Additional NBS Publications include:
• Special Financing Districts (SFDs) (2015) has been credited as the best publication on SFDs in a decade by prominent industry professionals.
• Rates, Fees and Charges Compendium (2015) has received high regard and interest from industry professionals.
• Stormwater: A Ten-Step Funding Plan (2018) addresses the spectrum of stormwater needs in California.
In 2019 NBS produced a video titled An Introduction to Community Facilities Districts in California, available at
https://www.youtube.com/watch?v=WWzYFAAG5wE&feature=youtu.be Continuing Education Workshops
NBS keeps things fresh by periodically hosting
content-rich workshops that bring industry insiders
together to learn, share ideas and meet with their
peers. Our 2020 seminars were postponed and will
instead take place in late 2021. Topics qualify for
continuing education (CE) units for the California Board of Accountancy. More information about our upcoming seminars will be posted to www.nbsgov.com/university, or please send an email to [email protected] requesting to be added to our contact list for future workshops.
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7 | REPRESENTATIVE STUDY DESCRIPTIONS/CLIENT REFERENCES Below is a sampling of projects and references similar in scope and magnitude to the City’s study.
CITY OF FOLSOM, CA
CFD FEASIBILITY STUDY AND FORMATION FOR THE FOLSOM PLAN AREA Project Dates: 2013 – Present
Contact Information The City of Folsom’s Folsom Plan Area (“FPA”) is located on approximately 3,500 acres and is envisioned to contain
approximately 10,200 residential units and 5.2 million building square feet of non-residential space. The City is utilizing CFD financing to fund a portion of the estimated $877 million backbone infrastructure and public facilities necessary to serve the FPA at buildout. NBS serves as the City’s ongoing CFD special tax consultant and has assisted in the development of a financing structure that will allow for a consistent special tax per EDU for all FPA-wide improvements and services, increased flexibility in the debt service structure, and minimizes the number of line items on the future homeowner’s property tax bill.
John Donoghue
Deputy Treasurer
50 Natoma Street
Folsom, CA 95630
P: 916.355.7334
E: [email protected]
CITY OF RIO VISTA
CFD FORMATION AND ADMINISTRATION
Project Dates: 2004 – Present
Contact Information The City contacted NBS to provide CFD formation services to fund additional services for their Liberty Community. The significant burden already on the project property by the two existing bonded CFDs quickly made adding the intended services costs too great for the property to bear. NBS recommended changing course slightly to include a bond refunding and restructuring that would allow the Liberty Community to not only fund the additional services, but reduce and reconfigure the bond obligation. The neighboring project, which was also a part of the existing bonded CFDs, saw substantial savings from the bond refunding. NBS played a key role in the restructuring and wrote the rate and method of apportionment for the newly formed Liberty CFD. NBS is a long term partner with the City, having acted as special tax consultant for other City CFD formations and handling the ongoing CFD administration for all of the City’s CFDs.
Robert Hickey
City Manager
One Main Street
Rio Vista, CA 94571
P: 707.374.6451
E: [email protected]
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Proposal for City of Seaside NBS | 19
EL DORADO COUNTY, CALIFORNIA
CFD FORMATION AND OTHER SERVICES
Service Dates: 1996 – Ongoing
Contact Information NBS has worked as the County’s Special Tax Consultant, forming five (5) new CFDs as well as providing the analytical support for a number of bond issuances and refundings.
The County finds value in the unique perspective NBS brings to addressing their current goals while continuously evaluating the feasibility of following the rate and method for the life of the bonds.
Joe Harn
Auditor-Controller
360 Fair Lane
Placerville, CA 95667
P: 530.621.5456
E: [email protected]
Client Testimonial:
“We appreciate the work you do and as always, look forward to working with you in the future.” – Sally Zutter, Accounting Division Manager
CITY OF VACAVILLE, CA
CFD FORMATION AND ADMINISTRATION
Service Dates: 2004 – Present
Contact Information
Ken Matsumiya
Finance Manager
650 Merchant Street
Vacaville, CA 95688
P: 707.449.5180
E:[email protected]
NBS has formed five (5) CFDs in past years, and now administers them on behalf of the City. They were formed for the purpose of funding public safety services for land that was both developing and annexing to the City.
Currently, NBS is consulting the City on a CFD formation related to a large new development in need of both services and
infrastructure financing. Working with the City’s team of consultants, NBS is helping the City to realize a project that has been in the works for more than 20 years, if the CFD is approved by electors and Council.
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Proposal for City of Seaside NBS | 20
CITY OF ALAMEDA
CFD FORMATION
Service Dates: 2002 - Present
Contact Information Since 2003, NBS has been performing CFD related services for the City, including CFD formation and administration. The latter include services such as data collection obtained from various sources and maintenance of this information in a database, administrative cost recovery, cash flow analysis, levy calculation and submittal to the County, as well as the annual Special Levy Tax Report, delinquency monitoring, prepayment calculations and bond calls.
NBS was selected by the City to perform the formation of the City’s recent CFDs, which include Naval Base reuse areas. NBS created a bonded CFD Alameda Landing Municipal Services District (CFD No. 13-1 and 13-2). NBS created a CFD Rate and Method of Special Tax and District that met the objectives and long-term needs of the City. The initial assumption was that one CFD will be formed for both bonded/infrastructure financing as well as the annual maintenance services. However, it was determined that the best scenario would be for two CFD’s to be formed, one for infrastructure and one for ongoing services. This initial project comprises a distinct area (commonly known as “south of Mitchell Street”) that encompasses approximately 285,000 square feet of retail development and approximately 262 single-family
homes/condominiums.
Liz Acord
Public Works Coordinator
950 West Mall Square Building 110
P: 510.747.7957
E: [email protected]
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Proposal for City of Seaside NBS | 21
8 | COST ESTIMATES OF CONSULTING FEE
As requested in the RFP, the Cost Proposal has been included under a separate cover.
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Proposal for City of Seaside NBS | 22
APPENDIX
This appendix contains a disclosure for Municipal Advisor services.
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Proposal for City of Seaside NBS | 23
Disclosure of Conflicts of Interest and Legal or Disciplinary Events Pursuant to Municipal Securities Rulemaking Board (“MSRB”) Rule G-42, on Duties of Non-Solicitor Municipal Advisors, Municipal Advisors are required to make certain written disclosures to clients and potential clients which include, amongst other things, Conflicts of Interest and any Legal or Disciplinary events of NBS and its associated persons.
CONFLICTS OF INTEREST
Compensation
NBS represents that in connection with the issuance of municipal securities, NBS may receive compensation from an Issuer or Obligated Person for services rendered. Any such compensation may be contingent upon the successful closing of a transaction and/or is based on the size of a transaction.
Consistent with the requirements of MSRB Rule G-42, NBS hereby discloses that such contingent and/or transactional compensation may present a potential conflict of interest regarding NBS’ ability to provide unbiased advice to enter into such transaction. This conflict of interest does not impair NBS’ ability to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.
It should be noted that other forms of compensation (i.e., hourly or fixed-fee based) may also present a potential conflict of interest regarding NBS’ ability to provide advice regarding a municipal security transaction. These other potential conflicts of interest will not impair NBS’ ability to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.
Other Municipal Advisor Relationships
NBS serves a wide variety of other clients who may have interests that could have a direct or indirect impact on the interests of another NBS client. For example, NBS serves as Municipal Advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to your agency. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients, NBS could potentially face a conflict of interest arising from these competing client interests. NBS fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with your agency.
If NBS becomes aware of any additional potential or actual conflict of interest after this disclosure, NBS will disclose the detailed information in writing to the issuer or obligated person in a timely manner.
LEGAL OR DISCIPLINARY EVENTS
NBS does not have any legal events or disciplinary history on NBS’ Form MA and Form MA-I, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation. The Issuer may electronically access NBS’ most recent Form MA and each most recent Form MA-I filed with the Commission at the following website: www.sec.gov/edgar/searchedgar/companysearch.html.
There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC. If any material legal or regulatory action is brought against NBS, NBS will provide complete disclosure to the Issuer in detail allowing the Issuer to evaluate NBS, its management and personnel.
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Cost Estimate for:
Formation of a Community
Facilities District (CFD)
May 6, 2021
nbsgov.com
Aerial view of City of Seaside
via Google Earth
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helping communities fund tomorrow
870 Market Street, Suite 1223
San Francisco, CA 94102
Toll free: 800.434.8349
www.nbsgov.com
May 6, 2021
Craig Malin
City Manager
City of Seaside
440 Harcourt
Seaside, CA 93955
RE: Cost Estimates of Consulting Fee for Formation of a Community Facilities District (CFD) Dear Mr. Malin,
Thank you for considering our proposal for the City’s Formation of a Community Facilities District (CFD). The information to follow summarizes our pricing for the services requested.
Please do not hesitate to contact me at 800.434.8349 or via email at [email protected] if you have any questions about our cost proposal.
Sincerely,
Sara Mares
Director
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Cost Estimates of Consulting Fee for City of Seaside NBS | 1
COST ESTIMATES OF CONSULTING FEE
Exhibit B
Our professional fees are based on our understanding of the City’s needs and the effort we believe is necessary to complete the scope of services described. If the City feels the need to adjust the scope of services, the fees will be updated to reflect the changes in scope.
CFD Consulting Services
Fee Per CFD Formation1...........................................................................................................................$24,500 Additional Improvement Areas ...............................................................................................................$4,500 Fee Per CFD Annexation2..........................................................................................................................$3,500 1Assumes landowner election with waiver of the extended election noticing 2Assumes use of the abbreviated Unanimous Approval Form annexation process Additional Optional Services – Hourly Rates
The following table shows our current hourly rates. Optional services authorized by the City but not included in the scope of services will be billed at this rate or the then applicable hourly rate. This may include attendance at additional meetings, notice and ballots, etc.
Title Hourly Rate
Director $225
Associate Director $210
Senior Consultant / Manager $175
Consultant $155
Analyst $130
Clerical/Support $ 105
Terms
Formation services will be invoiced monthly. Expenses will be itemized and included in the next regular invoice. Fees for all other services will be invoiced upon completion of the task. If the project is prematurely terminated by either party, NBS shall receive payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days, simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel consulting contract with 30 days’ written notice.
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CFD Creation Page 9 of 18 COS Non-Construction PSA
Attachments: Exhibit A May 6, 2021 Proposal
Exhibit B Insurance Requirements
EXHIBIT B
INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of AGENCY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to AGENCY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
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CFD Creation Page 10 of 18 COS Non-Construction PSA
CONSULTANT shall submit to AGENCY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of AGENCY, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. If necessary to meet required limits stated above, CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to AGENCY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with AGENCY at all times during the term of this contract. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by AGENCY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of AGENCY before the AGENCY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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CFD Creation Page 11 of 18 COS Non-Construction PSA
Agency’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONSULTANT or AGENCY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, AGENCY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against AGENCY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to AGENCY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
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CFD Creation Page 12 of 18 COS Non-Construction PSA
Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.
Agency’s right to revise specifications. The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the AGENCY and CONSULTANT may renegotiate CONSULTANT’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY. AGENCY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by AGENCY.
Timely notice of claims. CONSULTANT shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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Community Facilities District Formation/ Annexation Services
CITY OF SEASIDE
PROFESSIONAL SERVICES AGREEMENT
COMMUNITY FACILITIES DISTRICT COST ESTIMATION
SERVICES AND CONTINGENCY
This agreement is made by and between the City of Seaside (City), and NBS Government Finance Group (Consultant).
A. Engagement: The City agrees to engage the Consultant to provide as described in Exhibit A, attached hereto and, hereinafter referred to as “the Project.”
B. Relationship: The Consultant is an independent contractor and is not to be considered an agent or employee of the City.
C. Compensation: The City shall pay consultant on a time and materials basis in accordance with the standard billing rates shown in Exhibit B, attached hereto, not to exceed EIGHTEEN THOUSAND FIVE HUNDRED ($18,500.00) D. Expense Reimbursement: City will reimburse for professional services and expenses at cost upon submission of receipts.
E. Method of Payment: The City shall pay within 30 days in accordance with Consultant’s Fee Schedule, attached hereto, upon receipt of a written invoice from Consultant detailing services rendered.
F. Term: The term of this agreement shall commence on June 1, 2024 and G. Termination: This agreement may be terminated; (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional fees and expense reimbursement to the date of termination and for any work necessitated by that termination.
H. Indemnity: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error terminate June 30, 2026.
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or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence.
I. Duty to Defend: In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent.
Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
J. Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as follows; Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out Packet Page 348
of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.
Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.
K. Project Management. The (Contract Manager) will represent the City for all purposes under this Agreement. Jose Bazua, Economic Development Director, is designated as the Project Manager for the City. The Project Manager will be Consultant’s point of contact with respect to performance, progress and execution of the Services. The City may designate an alternate Project Manager from time to time.
L. Ownership of Work Product:
a. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
b. The City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.
M. Assignment
a. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, NBS Government Finance Group shall perform the services described in this Agreement. b. NBS Government Finance Group may use assistants under their supervision to perform services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of assistants from Consultant's employ. Should he/she leave Consultant's employ, the Packet Page 349
City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Project Manager and the Consultant.
N. Conflict of Interest
a. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract. b. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100 et seq.) Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with City disclosing Consultant’s and/or such other person’s financial interests.
O. Miscellaneous:
a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City.
c. This agreement shall be modified only by written agreement duly executed by the City and the Consultant.
d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect.
e. This agreement shall be governed by and construed in accordance with the laws of the State of California.
f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party’s address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party.
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Wherefore, the parties have entered into this agreement as of the later of the dates stated below.
Approved:
Dated: ____________________ CONSULTANT
___________________________________
By: ________________________________
Title: ______________________________
Address: ____________________________
____________________________________
Dated: _____________, 2024 City of Seaside:
_______________________
By: Craig Malin
Title: Interim City Manager
Attachments: Exhibit A Consultant Scope of Services
Exhibit B Compensation for Services
Exhibit C Municipal Advisor Disclosure
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City of Seaside
CFD Cost Estimation and Contingency 1
EXHIBIT A
CONSULTANT SCOPE OF SERVICES
Cost Estimation Services
KICK-OFF MEETING, PROJECT SCHEDULE
NBS will meet with City staff, legal counsel, and other interested parties to:
• Establish lines of communication
• Clarify the specific project goals and criteria that will meet the City’s preference • Identify the specific improvements and services to be incorporated into the Cost Estimation Tool • Review Cost Estimation Tool customization options to develop data request for costs
DATA COLLECTION
NBS will gather and review data relevant to estimating the cost of maintenance, operations, capital replacement and reserves for the identified improvements. Data will be obtained from various sources, including industry averages, City records, staff interviews, City contracts, contractor estimates and average costs from comparable agencies.
COST ESTIMATION TOOL
NBS will incorporate the aforementioned data relevant to estimating costs into the Excel based Cost Estimation Tool. The set up will compile the annual maintenance costs, lifecycle of each improvement, replacement costs, cost escalation capabilities tied to appropriate indexes that will be used to arrive at the project cost estimate based on the inputs of improvement plans.
DATA INPUTS
NBS will review plans to retrieve the types and quantities of improvements to be operated and maintained and services to be provided within a Community Facilities District. Those improvements will then be entered into the Cost Estimation Tool.
COST ESTIMATE
NBS will review the output of the Cost Estimation Tool to ensure both data accuracy of the calculations and reasonableness of the results.
City’s Responsibilities
The City shall furnish NBS with any pertinent information that is available to City and applicable to the Services. The City shall designate a person to act with authority on its behalf in respect to the Services.
The City shall promptly respond to NBS’ requests for reviews and approvals of its work, and to its requests for decisions related to the Services. City understands and agrees that NBS is entitled to rely on all information, data and documents (collectively, “Information”) supplied to NBS by City or any of its agents, contractors or proxies or obtained by NBS from other usual and customary sources including Packet Page 352
City of Seaside
CFD Cost Estimation and Contingency 2
other government sources or proxies as being accurate and correct and NBS will have no obligation to confirm that such Information is correct and that NBS will have no liability to City or any third party if such Information is not correct.
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City of Seaside
CFD Cost Estimation and Contingency 3
EXHIBIT B
COMPENSATION FOR SERVICES
Cost Estimation Services
Consulting Fee...................................................................................................................................... $3,500 Contract Contingency
Consulting Fee.................................................................................................................................... $15,000
EXPENSES
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may include, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, meals and various third-party charges for data, maps, and recording fees.
ADDITIONAL SERVICES
The following table shows our current hourly rates. Additional services authorized by the City but not included in the scope of services will be billed at this rate or the then applicable hourly rate.
Title Hourly Rate
Director / Senior Review $250
Associate Director / Engineer $225
Senior Consultant $200
Consultant $175
Senior Project Analyst $165
Project Analyst $150
Project Resource Analyst $130
Clerical / Support $110
TERMS
Consulting services will be invoiced on a monthly basis. Expenses will be itemized and included in the next regular invoice. Fees for all other services will be invoiced upon completion of the task. If the project is prematurely terminated by either party, NBS shall receive payment for work completed.
Payment shall be made within 3F0 days of submittal of an invoice. If payment is not received within 90 days simple interest will begin to accrue at the rate of 1.5% per month. Either party may cancel this contract with 30 days’ written notice.
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City of Seaside
CFD Cost Estimation and Contingency 4
EXHIBIT C
MUNICIPAL ADVISOR DISCLOSURE
Disclosure of Conflicts of Interest and Legal or Disciplinary Events Pursuant to Municipal Securities Rulemaking Board (“MSRB”) Rule G-42, on Duties of Non-Solicitor Municipal Advisors, Municipal Advisors are required to make certain written disclosures to clients and potential clients which include, amongst other things, Conflicts of Interest and any Legal or Disciplinary events of NBS and its associated persons.
CONFLICTS OF INTEREST
Compensation
NBS represents that in connection with the issuance of municipal securities, NBS may receive compensation from an Issuer or Obligated Person for services rendered. Any such compensation may be contingent upon the successful closing of a transaction and/or is based on the size of a transaction.
Consistent with the requirements of MSRB Rule G-42, NBS hereby discloses that such contingent and/or transactional compensation may present a potential conflict of interest regarding NBS’ ability to provide unbiased advice to enter into such transaction. This conflict of interest does not impair NBS’ ability to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.
It should be noted that other forms of compensation (i.e., hourly or fixed-fee based) may also present a potential conflict of interest regarding NBS’ ability to provide advice regarding a municipal security transaction. These other potential conflicts of interest will not impair NBS’ ability to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.
The fee paid to NBS increases the cost of investment to your agency. The increased cost occurs from compensating NBS for municipal advisory services provided Other Municipal Advisor Relationships
NBS serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of another NBS client. For example, NBS serves as Municipal Advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to your agency. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients, NBS could potentially face a conflict of interest arising from these competing client interests. NBS fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with your agency.
If NBS becomes aware of any additional potential or actual conflict of interest after this disclosure, NBS will disclose the detailed information in writing to the issuer or obligated person in a timely manner.
LEGAL OR DISCIPLINARY EVENTS
NBS does not have any legal events or disciplinary history on NBS’ Form MA and Form MA-I, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation. The Issuer may electronically access NBS’ most recent Form MA and each most recent Form MA-I filed with the Commission at the following website: www.sec.gov/edgar/searchedgar/companysearch.html.
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City of Seaside
CFD Cost Estimation and Contingency 5
There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC. If any material legal or regulatory action is brought against NBS, NBS will provide complete disclosure to the Issuer in detail allowing the Issuer to evaluate NBS, its management and personnel.
Pursuant to Municipal Securities Rulemaking Board Rule G-10, on Investor and Municipal Advisory Client Education and Protection, Municipal Advisors are required to provide certain written information to their municipal entity and obligated person clients which include the following:
• NBS Government Finance Group is currently registered as a Municipal Advisor with the U.S.
Securities and Exchange Commission and the Municipal Securities Rulemaking Board. • Within the Municipal Securities Rulemaking Board (“MSRB”) website at www.msrb.org, City of Seaside may obtain the Municipal Advisory client brochure that is posted on the MSRB website. The brochure describes the protections that may be provided by the MSRB Rules along with how to file a complaint with financial regulatory authorities.
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.A.
TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Haroon Noori, Administrative Analyst II
DATE: September 5, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING THE CONSOLIDATED
ANNUAL PERFORMANCE AND EVALUATION REPORT FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
FISCAL YEAR 2023-2024
RECOMMENDATION
Adopt a Resolution to:
1. Approve the FY2023-24 CAPER for the CDBG program; and
2. Authorize the City Manager or designee to submit the FY2023-24 CAPER to the U.S.
Department of Housing and Urban Development.
BACKGROUND
The City of Seaside is a recipient of federal entitlement grant funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program. As a recipient of these funds, HUD requires the City to prepare and submit a Consolidated Annual Performance Evaluation Report (CAPER) for the CDBG program within 90 days of the close of the fiscal year. The CAPER evaluates the City’s overall progress and performance in meeting the goals identified within its five-year Consolidated Plan and the Annual Action Plan.
DISCUSSION:
In FY 2023-24, which began on July 1, 2023 and ended on June 30, 2024, the City of Seaside received $348,646.00 in CDBG allocation and $102,920.00 in program income for a total of $451,566.00. The table below provides a summary and breakdown of the total funds available and spent during FY 2023-24:
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Item No. 9.A. Page 2 of 4
Revenue Expense Balance
FY2022-23 CDBG Allocation +
Program Income
$451,566.00 $411,239.00 $40,327.00
Consistent with the strategic goals and priorities of the 2020-2024 Consolidated Plan and the 2023-24 Annual Action Plan (AAP), the City carefully evaluated and determined its community and housing needs. The City collaborated with local non-profits to carry out various projects and activities. A summary of the FY 2023-24 activities and accomplishments is included in the table below. Detailed information on these projects will be included in the FY 2023-24 CAPER.
Table 1: FY2023-24 Projects and Accomplishments
Organization Service
/Project
Budget Disbursed Status # of
persons
Assisted
Public Service Activities
Girls, Inc. of the
Central Coast
Youth
Services
$12,080.00 $12,080.00 Complete 87
Greater Victory
Temple
Youth
Services
$12,080.00 $12,076.76 Complete 78
Legal Services
for Seniors
Legal Services $12,080.00 $12,068.64 Complete 175
Meals on
Wheels of the
Monterey
Peninsula
Senior
Services
$12,080.00 $12,080.00 Complete 185
Eden Council
for Hope and
Opportunity
Fair Housing
Activities
$9,390.00 $9,078.94 Complete 56
Gathering for
Women -
Monterey
Case
Management
– Homeless
Shelter
$10,000.00 $10,000.00 Complete 23
Capital Improvement Projects
Boys and Girls
Club of
Monterey
Boys and Girls
Clubhouse -
Exterior Door
$50,000.00 $50,000.00 Complete 364
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Item No. 9.A. Page 3 of 4
County Upgrades
Community
Human Services
Genesis
House -
Bathroom
Improvements
$40,000.00 -- Underway 473
City of Seaside
– Public Works
Cutino Park
Improvements
$250,000.00 $250,000.00 Complete 7,060
Program planning and administration
CDBG $43,856.00 $43,856.00 Complete N/A
All activities marked “underway” in the table above are on track for completion and closeout in the current fiscal year. Accomplishments for these activities will be reported in the FY 2024-25 CAPER.
CITIZEN PARTICIPATION AND PUBLIC OUTREACH:
The FY 2023-24 CAPER was made available for public review and comment for at least a 15-day period, from August 26 through September 9, 2024. A notice (in English and Spanish) of public comment and the September 5th, 2024, public hearing was published in the Monterey County Weekly on August 22nd.
The CAPER was also posted on the City website at www.ci.seaside.ca.us/CDBG and is available at the following locations:
• Seaside City Hall
• Seaside Public Library
• Seaside Fire Station
• Oldemeyer Community Center
• Community Development Department
All public comments received during the 15-day public review period or at the public hearing will be incorporated into the FY 2023-24 CAPER and submitted to HUD.
FISCAL IMPACT
Approval and submittal of CAPER does not have any fiscal impact.
ATTACHMENTS
1. City of Seaside CDBG 23-24 CAPER
2. 2023-2024 CAPER Resolution
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Item No. 9.A. Page 4 of 4
Reviewed for Submission to the City Council by:
________________________________________
Craig Malin, Interim City Manager
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CITY OF SEASIDE
Consolidated Annual Performance and Evaluation Report (CAPER) For the Community Development Block Grant Program (CDBG) Fiscal Year 2023-2024 (Program Year 2023)
DRAFT RELEASED FOR PUBLIC COMMENT
August 26, 2024
Prepared by:
Community Development Department
440 Harcourt Ave, Seaside, CA 93955
(831) 899-6726 | [email protected]
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City of Seaside CAPER 2
Table of Contents
Executive Summary................................................................................................................................. 3 CR-05 - Goals and Outcomes ................................................................................................................... 4 CR-10 - Racial and Ethnic composition of families assisted....................................................................... 8 CR-15 - Resources and Investments 91.520(a) ......................................................................................... 9 CR-20 - Affordable Housing 91.520(b).................................................................................................... 11 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)................................... 13 CR-30 - Public Housing 91.220(h); 91.320(j)........................................................................................... 14 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j).................................................................................... 15 CR-40 - Monitoring 91.220 and 91.230 .................................................................................................. 18 CR-45 - CDBG 91.520(c) ......................................................................................................................... 20 Exhibits:
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City of Seaside CAPER 3
Executive Summary
The City of Seaside (City) is a recipient of federal entitlement grant funding from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grants (CDBG). As a recipient of these funds, the City is required (pursuant 24 CFR 91.520) to prepare a Consolidated Annual Performance Evaluation Report (CAPER) annually to evaluate the City’s overall progress and performance in meeting the following priority activities identified within its five-year Consolidated Plan and the Annual Action Plan:
• Access to community and social services;
• Improve accessibility to persons with disabilities;
• Provide quality facilities and infrastructure;
• Promote beautification;
• Assist microbusinesses; and
• Prevent, prepare for, and respond to the coronavirus pandemic.
This document represents the City of Seaside’s PY2023 CAPER related to the City’s CDBG Program. The CAPER provides HUD, the public, and the City an opportunity to review Seaside’s housing and community development accomplishments for PY2023, with focus on those activities funded by the CDBG program.
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City of Seaside CAPER 4
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
In PY2023, consistent with the strategic goals and priorities in the 2020-2024 Consolidated Plan and the 2023- 24 Annual Action Plan (AAP), the City carefully evaluated and determined its community and housing needs, and partnered with local non-profits to carry out various projects and activities. Data in Table 1 below highlights key accomplishments during the program year and reflects the progress towards the Consolidated Strategic Plan goals. Highlights include:
Strategic Goal 1: Access to community and social services To ensure access to much needed community and social services, the City collaborated with experienced local non-profits to undertake various programs benefiting a diverse clientele. A summary of the activities and outcomes is provided below:
87 LMI girls (aged 9-18) received self-confidence and self-esteem improvement coaching through the Girls, Inc. of the Central Coast at the following schools: Seaside Middle School, Ord Terrace Elementary School, and Martin Luther King Jr School of Arts. 78 LMI students received after school tutoring and meals through the Greater Victory Temple. 175 LMI seniors received free legal services through the Legal Services for Seniors. 185 LMI homebound elderly (over 75 years old) persons received 3 meals a day through the Meals on Wheels of the Monterey Peninsula.
56 LMI persons received fair housing and tenant-landlord services through the Eden Council for Hope and Opportunity (ECHO). ECHO also completed systemic audit of 5 sites. 23 LMI unique single women received shelter and 3 meals a day at Casa de Noche Buena through Gathering for Women – Monterey.
Strategic Goal 2: Improve accessibility to persons with disabilities Cutino Park Improvement project: The City of Seaside Public Works department completed this project in the program year (2023). This project was supported by $250,000 in CDBG funding per year in fiscal years 2022/23 and 2023/24.
Strategic Goal 3: Provide quality facilities and infrastructure In PY2023, the City of Seaside funded the following capital improvement projects:
Boys and Girls Clubhouse – Exterior Door Lock Conversion Project and Security upgrades (CDBG allocation: $50,000; project completed). In PY2023, 364 LMI persons benefited from this project. It is anticipated that around 350 LMI persons will benefit from these improvements per year in the coming years. As part of this project, BGCMC Installed electronic access control hardware to existing exterior doors. Facility access can be monitored, selective access to each point of entry can be assigned and includes the ability to log access. The system allows the Boys & Girls Clubs of Monterey County to better secure our Seaside Clubhouse and promote a safer environment for our members, staff and community.
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City of Seaside CAPER 5
Community Human Services - Genesis House Bathroom Improvements (CDBG allocation: $40,000; project completed). CHS was unable to complete this project in PY2023 due to lack of sufficient response to RFP during the initial call for bids. CHS anticipates completing this project in PY2024. In PY2023, 473 individuals received substance abuse and rehabilitative services. It is anticipated that around 300 LMI persons will benefit from these improvements per year in the coming years.
Strategic Goal 4: Promote beautification
The City of Seaside did not fund any projects in support of this goal in PY2023.
Strategic Goal 5: Prevent, prepare for, and respond to the coronavirus pandemic The City of Seaside did not fund any projects in support of this goal in PY2023.
Strategic Goal 6: Program Planning and Administration
The City’s CDBG staff provided assistance with the administration and oversight of the CDBG projects and activities.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Table 1 provides numeric detail on activities completed in PY2023, and progress made toward meeting the Consolidated Strategic Plan goals and objectives:
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City of Seaside CAPER 6
Goal Category Source /
Amount
Indicator Unit of
Measure
5-Year Strategic Plan 2023/2024 Program Year (Year 4)
Expected Actual Percent
Complete
Expected Actual Percent
Complete
Access to
Community and
Social Services
Non-Homeless Special
Needs
Non-Housing Community
Development
Other
CDBG(2023):
$67,710
Public service activities
other than Low/Moderate
Income Housing Benefit
Public service activities for
Low/Moderate Income
Housing Benefit
Persons
Assisted
5,000 2,978 60% 596 604 101%
Improve
accessibility to
persons with
disabilities
Non-Homeless Special
Needs
Non-Housing Community
Development
CDBG(2023):
$250,000
(Cutino Park)
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted
1,800 845 46% 7060 7060 100%
Provide Quality
Facilities and
Infrastructure
Non-Homeless Special
Needs
Non-Housing Community
Development
CDBG(2023):
$50,000
(Boys and
Girls Club)
CDBG(2023):
$40,000
(Genesis
Hourse)
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted
1,800 3,019 167% 575 837 145%
Promote
Beautification
Non-Housing Community
Development
Homeless
CDBG(2023):
$0
Homelessness Prevention Persons
Assisted
15 15 100% 0 0 0%
COVID-19
Preparation,
Prevention, and
Response
COVID-19 CDBGCV(2023): $0 Public service activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted
20,000 15,903 79% 0 0 0%
Program
Planning and
Administration
CDBG Program
Administration
CDBG(2023):
$43,856
Other Other 5 other 80% 1 1 100%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Packet Page 366
City of Seaside CAPER 7
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
During PY2023, the City of Seaside focused on addressing the following priorities of the of the 2020- 2024 Consolidated Plan:
• Access to community and social services
• Improve accessibility to persons with disabilities
• Provide quality facilities and infrastructure
• Promote beautification
• Assist microbusinesses
• Prevent, prepare for, and respond to the coronavirus pandemic The City of Seaside’s primary objective is to use its CDBG funds to several target groups as identified in the 2020-2024 Consolidated Plan, which are:
• Extremely low-income and very low-income households
• Seniors
• Youth, primarily ages 6–17
• Persons with disabilities
Under the six objectives listed above, during PY2023 the City was able to accomplish the following:
Activity Category and Matrix Code Number of Beneficiaries Youth Centers (03D) 364
Neighborhood Facilities (03E) 473
Senior Services (05A) 185
Legal Services (05C) 175
Youth Services (05D) 165
Fair Housing Activities (05J) 56
Homeless Services/Housing Information and Referral Services (05X) 23 TOTAL 1,441
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City of Seaside CAPER 8
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 934
Black or African American 109
Asian 87
American Indian or American Native 9
Native Hawaiian or Other Pacific Islander 12
Amer. Indian/White 3
Asian/White 4
Black/White 14
Amer. Indian/Black 0
Other 269
Total 1,441
Hispanic 653
Not Hispanic 788
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
Table 2 above shows the race and ethnic distribution of persons who received assistance or services through the CDBG program during the 2023 program year. The City strives to make all of its programs and activities available to eligible low- and moderate-income residents regardless of sex, race, religious background, or disability. All of the CDBG-funded public service programs, including senior services, youth services, and housing counseling, are available to residents citywide. Projects that focus on facility or infrastructure improvements are generally limited to the CDBG target area or group to help make sure they benefit as many low- and moderate-income residents as possible Packet Page 368
City of Seaside CAPER 9
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of
Funds
Source Resources
Made Available
Amount Expended
During Program
Year
CDBG public - federal 348,646 308,645
Other Program Income 102,920 102,594
Table 3 - Resources Made Available
Narrative
During PY2023, which began on July 1, 2023 and ended on June 30, 2024, the City of Seaside received $348,646 in CDBG allocation and $102,920 in program income.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 100 100 In PY2023, The City of
Seaside utilized
CDBG funds for LMC
activities throughout
the City
Table 4 – Identify the geographic distribution and location of investments Narrative
Funds expended during PY2023 were primarily used for Low-and Moderate-Income Clientele (LMC) activities serving Low-and Moderate-Income persons residing within and throughout the City of Seaside.
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The CDBG program has no matching requirement. Applicants for funding are asked to provide financial information in their application to indicate capacity to carry out the activity/project.
The City is actively pursuing grants and awards for projects not otherwise funded with CDBG monies.
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City of Seaside CAPER 10
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City of Seaside CAPER 11
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 0 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The Community and Economic Development Services staff is charged with the continuing responsibility to forge new partnerships with other public agencies at the federal, state, and local level as well as with private housing developers and nonprofit organizations. Additionally, the City works closely with a diverse group of nonprofit organizations to provide CDBG public service subrecipient funding.
Some of the currently underway housing initiatives and projects are as follows:
Accessory Dwelling Units (ADU) Efforts
The City of Seaside encourages the development of Accessory Dwelling Units (ADUs) in existing residential neighborhoods. Building ADUs is seen as a way to increase the City’s housing supply, aid is Packet Page 371
City of Seaside CAPER 12
addressing the current housing crisis, and assist existing homeowners by providing an avenue for additional rental income.
To encourage ADU development, the City Council has removed some ADU building permit fees, streamlined the plan check process and set aside a water allocation to be provided exclusively to ADU applicants. In 2023, 23 ADUs were issued building permits, 111 ADUs were finaled.
Discuss how these outcomes will impact future annual action plans.
There continues to be a need for housing units for extremely low-, very low- and low- income households. In response, the City will continue to explore opportunities with regional public service providers, local nonprofit housing developers, and neighboring jurisdictions for the development of new housing units in the region.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 7 – Number of Households Served
Narrative Information
Allocations to public services serve primarily low to moderate-income individuals and families.
Seaside is not currently a participant in HOME funding.
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City of Seaside CAPER 13
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e);
91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City has established a Homeless Commission to devise strategies and priority actions to expand homeless services and provide supportive housing opportunities to elderly persons, disabled veterans, and other persons with special needs. Some of the specific strategies the City’s Homeless Commission and City staff have implemented include:
Collaborative engagement with homeless persons during outreach efforts and campaigns to assess needs
Encampments, Mobile Crisis Response, Vaccine Clinics, Food Distribution Sites Participation in local and County meetings in which some homeless individuals attend for opportunities to advocate for needs if accessibility is possible During PY2023, the City continued its partnership with the Community Human Services and Gathering for Women which provide transitional housing to homeless. Additionally, the City’s Family & Community Support Practitioner sought out homeless individuals and families to provide outreach services, which include connecting clients with immediate resources such as mental health services, general health services, substance abuse services, income services, identification documents and other documents necessary to help homeless persons meet the ultimate goal of finding shelter and housing.
The City also intends to strengthen its collaboration with the Coalition of Homeless Services Providers (CHSP), which is the primary nonprofit organization for homeless support in Monterey and San Benito Counties. CHSP is a coalition of 11 service provider agencies for homeless persons, persons with AIDS/HIV, and other persons with special needs. The Coalition is the County’s designated Continuum of Care (CoC) Coordinator.
Addressing the emergency shelter and transitional housing needs of homeless persons During PY2023, the City focused on and implemented the following actions and initiatives. These efforts were not sponsored by CDBG funds.
• Provision of hotel vouchers for emergency shelter access as appropriate and available • Collaborative engagement with County and City leaders, and the Coalition of Homeless Service Providers to assess, plan, and advocate for resources and funding that support preventive measures for LMI individuals and families
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City of Seaside CAPER 14
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs During PY2023, the City focused on and implemented the following actions and initiatives. These efforts were not sponsored by CDBG funds:
• Linked individuals and families to County benefits including rental assistance, and Cash-Aid to pay landlords and avoid eviction
• Connected individuals discharged from publicly funded institutions to shelters, and obtain hotel vouchers
• Collaborative engagement with County and City leaders, and the Coalition of Homeless Service Providers to assess, plan, and advocate for resources and funding that support preventive measures for LMI individuals and families
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
During PY2023, the City focused on and implemented the following actions and initiatives. These efforts were not sponsored by CDBG funds.
• Provide referrals and linkages to community and County housing programs to receive case management support in navigating housing resources and programs • Collaborative engagement with County and City leaders, and the Coalition of Homeless Service Providers to assess, plan, and advocate for resources and funding that support preventive measures for LMI individuals and families
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City does not own any public housing and the 2024 Consolidated Plan does not include plans to construct or operate public housing. However, there are several subsidized housing units scattered throughout the City, which are managed by the Housing Authority of Monterey County (HAMC) as well Packet Page 374
City of Seaside CAPER 15
as other non-profit organizations. During PY2022, HAMC had 186 families/individuals that were participants in the Housing Choice Voucher Program residing/leasing in the City of Seaside.
HAMC is the primary public organization for affordable housing and supportive services in the area and manages the Section 8 Housing and Family Self-Sufficiency Programs. Both programs are essential to meeting the City of Seaside’s low-income housing needs. The Housing Authority collaborates with a broad spectrum of community non-profits, city and county agencies as well as state organizations to address affordable housing and housing shortage issues.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
HACM has taken the lead in developing innovative models to enable the homeless and other lowincome families to achieve economic independence and self-sufficiency. Their multi-faceted plan to improve the operation of public housing units and assist clients toward self-sufficiency is detailed in their periodically updated Five Year Action Plan. HACM converted all public housing units countywide to Project-Based Rental Assistance.
Actions taken to provide assistance to troubled PHAs
HUD has not designated the Housing Authority of Monterey County (HAMC) as “troubled”.
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City has undertaken a number of actions to reduce potential barriers and constraints to affordable housing and housing for special needs populations. These actions include identifying funds in support of affordable housing development and offering fee reductions, regulatory incentives, density incentives, and the operation of a home rehabilitation and repair program, as well as several other options. Details of these actions can be found in the City’s 2023-2031 Housing Element. The Housing Element includes a thorough analysis of governmental and regulatory barriers to affordable housing. The City has been aggressive in pursuing affordable housing development opportunities and has mitigated regulatory barriers as effectively as possible.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) As part of the Consolidated Plan, the City identified several obstacles to meeting needs that are particularly difficult to achieve in the City. Below are some of the actions the City is taking to overcome Packet Page 375
City of Seaside CAPER 16
the obstacles:
• Increase development, preservation, and rehabilitation of affordable housing for low-income and special needs households.
• Provide assistance for the homeless and those at risk of becoming homeless through collaborations with other agencies.
• Provided assistance to low-income and special needs households. • Provided public facilities improvements to strengthen neighborhood revitalization. • Cooperate with, and provide assistance to, for-profit and non-profit developers to facilitate construction of housing units through new housing development. • Provided rental and utility assistance to hundreds of LMI Seaside households through the Rental Assistance Program, which is funded through Monterey County and United Way’s SB91 Emergency Rental Assistance Program (ERAP).
The City also continued to address the lack of funding for the needs identified in the Consolidated Plan by rigorously managing HUD CPD funds through a citizen engagement process, monitoring, and providing technical assistance to subrecipients, while also pursuing new funding sources.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City did not conduct any activities for which lead-based paint clearance was necessary in 2023.
However, the City does conduct a visual assessment to identify lead-based paint hazards when necessary and contracts with certified lead-based paint inspectors as required by state law. The brochure published by the US Environmental Protection Agency entitled "Protect Your Family from Lead in Your Home" is linked on the City website and is available at the Seaside Creates office at 656 Broadway. This brochure is also available at the Seaside Library. The brochure and others are available on the US EPA website https://www.epa.gov/lead/documents-and-outreach-materials.
The City encourages contractors for CDBG project to use Section 3 contractors and/or employees. All subrecipients undertaking construction projects are encouraged to specifically invite Disadvantaged Business Enterprises (including women-owned) to bid.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) During the program year, the City worked with the following organizations that focus on increasing selfsufficiency among lower-income populations:
87 LMI girls (aged 9-18) received self-confidence and self-esteem improvement coaching through the Girls, Inc. of the Central Coast at the following schools: Seaside Middle School, Ord Terrace Elementary School, and Martin Luther King Jr School of Arts. 78 LMI students received after school tutoring and meals through the Greater Victory Temple. 175 LMI seniors received free legal services through the Legal Services for Seniors.
Packet Page 376
City of Seaside CAPER 17
185 LMI homebound elderly (over 75 years old) persons received 3 meals a day through the Meals on Wheels of the Monterey Peninsula.
56 LMI persons received fair housing and tenant-landlord services through the Eden Council for Hope and Opportunity (ECHO). ECHO also completed systemic audit of 5 sites. 23 LMI unique single women received shelter and 3 meals a day at Casa de Noche Buena through Gathering for Women – Monterey.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) City staff works throughout the year to increase institutional structure, both within the City and throughout our partner agencies. This is accomplished through providing technical assistance on federal grant management requirements, such as growing their knowledge of Davis-Bacon requirements, financial management and other grant management procedures. Staff maintains contact with partner agencies throughout the year, offering referrals for funding and training opportunities where appropriate. All policies and procedures related to internal grant management procedures are reviewed and updated when areas of opportunity for efficiency and collaboration are identified.
The City continues to participate with other local jurisdictions in sharing information and resources regarding CDBG and other housing programs. In PY2023, the City collaborated with multiple public service organizations to identify and address the needs and concerns of City residents.
During PY2023, the Cit’s Community Development Advisory Committee (CDAC) held several meetings concering the CDBG program. CDAC provides advice and recommendations to the City Council on all policy issues relating to the Consolidated Plan, the Annual Action Plan, the CDBG Program. CDAC also plays an integral role in the in the continuous monitoring and oversight on the use of CDBG funds.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City benefits from a strong jurisdiction and region-wide network of housing and community development partners, such as Coalition of Homeless Services Providers (CHSP) which is the lead agency and collaborative applicant for CA-506 Monterey/San Benito Counties Continuum of Care (CoC). To improve intergovernmental and private sector cooperation, the City participated with other local jurisdictions and developers in sharing information and resources.
The City is exploring options to produce affordable housing through activities that provide rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units. This includes housing for homeless, non-homeless, and special needs households. The Finance Department coordinates loan monitoring of the recipients of CDBG home improvement loans issued in previous years. These loans were monitored for compliance in the program (residency, insurance, etc).
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City of Seaside CAPER 18
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) A regional Analysis of Impediments (AI) to Fair Housing Choice was completed in 2019. The AI recommended policies and actions to respond to the fair housing impediments identified in the document. The document states that the primary impediments to fair housing choice are access to affordable housing and knowledge of fair housing services. The City has implemented the following in response to the impediments identified in the AI:
• City staff continues to contract with a fair housing provider to conduct outreach and education regarding fair housing for home seekers, landlords, property manager, real estate agents, and lenders. In PY 2023, the City supported the Eden Council for Hope and Opportunity (ECHO) through CDBG funding. ECHO provides fair housing, tenant and landlord counseling, dispute resolution services, and rental mediation activities.
The City displays fair housing materials at City Hall, and copies of these materials are free to the public. Fair housing information is sent free of charge to those who request it. In addition, the City promotes fair housing awareness in its housing programs and works with housing providers in the city to ensure the fair and equitable treatment of persons and households seeking housing in Seaside.
The City will periodically review the Zoning Ordinance to ensure regulations are consistent with fair housing laws and do not constrain housing production. If particular zoning requirements impede fair housing or production, the City will amend the regulations. The City will continue to support the Housing Authority of Monterey County to ensure adequate outreach to minority, limited English proficiency, and special needs populations regarding the availability of public housing and Section 8 vouchers.
The City will continue to plan for higher residential and employment densities where appropriate to maximize linkages between employers and affordable housing. The City will continue to work with local transit agencies to facilitate safe and efficient routes for the various forms of public transit.
The City has always been concerned about poverty and has recognized the need of its citizens to live in safe and sanitary housing in decent neighborhoods. The City’s first three redevelopment projects, Noche Buena, Del Monte Heights, and Hannon redevelopment projects, were exclusively residential projects providing decent housing in an urban environment.
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
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City of Seaside CAPER 19
The City follows monitoring procedures for subrecipients, which includes in-house review of quarterly progress reports and expenditures, and an annual desk or on-site visit to ensure compliance with federal regulations. The monitoring system encourages uniform reporting to achieve consistent information on beneficiaries. Technical assistance is provided throughout the program year on an as-needed basis.
Additionally, the City follows HUD-approved procurement guidelines and tracks both Section 3 and MBE/WBE participation in all federally funded public contracts. The City also regularly contracts with minority business owners for its small home repair grants program. The City also participates in regional planning efforts, including the regional Assessment of Fair Housing in partnership with the other jurisdictions of Monterey County.
In PY2023, City staff met with the subrecipient staff responsible for each activity prior to the beginning of the program year. All subrecipients were informed of the obligations to collect the required information on income, household composition, and race and ethnicity. The City also provided information on subrecipient agreement policies, data collection, and financial management. The City recommended that each subrecipient and the facilities project sponsors read the “Playing by the Rules” guide produced by HUD. Staff provided guidance and assistance to public service providers in the form of improving the collection of data on persons served and documenting services provided. Staff has implemented tracking of grant budgets and expenditures within City accounting systems that mirror IDIS and are regularly reconciled to IDIS.
During PY2023, staff examined each subrecipient’s quarterly progress toward performance targets.
Public services subrecipients are set up in the reporting software to report their service population quarterly. Each subrecipient agreement contains provisions for reductions to or suspensions of payments in the event that targets are not being met (without valid reason) or when past performance issues have not been resolved. The City has placed emphasis on its subrecipients gathering complete and accurate information on the persons and/or households they serve, and regularly reporting on progress.
The City also conducted remote subrecipient monitoting for Fiscal Years 2022-2023. The subrecipient monitoring process began in March 2024 and concluded in June 2024. At the conclusion of the subrecipient monitoring, the City did not identify any findings or significants concerns.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The 2023 CAPER was made available for public review and comment for at least a 15-day period, from August 26, 2024, through September 9, 2024. It was posted on the City website at www.ci.seaside.ca.us/CDBG and available at the following locations:
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City of Seaside CAPER 20
Seaside City Hall located at 440 Harcourt Ave, Seaside, CA 93955 Seaside Public Library located at 550 Harcourt Ave, Seaside, CA 93955 Seaside Fire Station located at 1635 Broadway Ave, Seaside, CA 93955 Oldemeyer Community Center located 986 Hilby Ave, Seaside, CA 93955 A notice (in English and Spanish) was published in the Monterey County Weekly. The public contact and nonprofit agencies email lists created during the development of the Consolidated Plan were notified of the publication of the Draft CAPER.
On September 5, 2024, the Seaside City Council held a public hearing on the CAPER and to receive any additional public comment. Public Comment at the City Council Meeting consisted of the following comments: TBD
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
PY2023 was one of new insights, significant adjustments, skill building, and organizational improvements for the City and its subrecipients. The City and its subrecipients continued to serve Seaside residents through innovative programming and activities.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable.
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RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE FY2023-2024 CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Seaside ("City") participates in the Department of Housing and Urban Development's ("HUD") Community Development Block Grant ("CDBG") Program; and
WHEREAS, the City received CDBG funds in FY2023/2024; and WHEREAS, HUD requires the City to prepare and submit a
Consolidated Annual Performance and Evaluation Report ("CAPER") for the CDBG program within 90 days of the close of the fiscal year; and WHEREAS, the City of Seaside, as required by HUD, duly published notice of, and conducted a public hearing to obtain the views of citizens on the FY2023/2024 CAPER; and
WHEREAS, on September 5, 2024, the City Council of the City of Seaside reviewed the FY2023/2024 CAPER and approved the report, including any comments.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Seaside that the FY2023/2024 CAPER, is hereby approved, and that the City Manager or designee is hereby authorized and directed to submit the FY2023/2024 CAPER to HUD as required.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 5th day of September 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ian N. Oglesby, Mayor
ATTEST:
Dominique Davis, City Clerk
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.A.
TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Sheri Damon, City Attorney
DATE: September 5, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN EXCHANGE OF LAND BETWEEN ENCLAVE PHASE 4 AND THE BLACKHORSE AND
BAYONET GOLF COURSE AND IMPLEMENTING ACTIONS
RECOMMENDATION
Adopt a resolution authorizing an exchange of land between the Enclave Phase 4 parcels and the Blackhorse and Bayonet Golf Course authorize the City Manager to execute deeds, accept the transferred property and approve the lot line adjustments to reflect the changes.
BACKGROUND
The fourth and final neighborhood in the Enclave at Cypress Grove is situated in the northeastern portion of the Bayonet and Black Horse golf courses in substantially the same location as contemplated in the Vesting Tentative Map (VTM). This subdivision will contain the final 30 residential lots at the Enclave of Cypress Grove (VTM lots 66-95), which are identified as “Phase 4” by Shea Homes Limited Partnership. Phase 4 will be accessed from a new private street (Bay View Drive) on the west side of General Jim Moore Boulevard, just north of the Golf Course and hotel entrance at McClure Way. The lots are surrounded by the Bayonet GC holes 10, 11, 12, and 13, and Black Horse GC holes 4 and 5.
Prior to filing a final map for Enclave Phase 4, Shea Homes, L.P. would like to perfect several lot line adjustments between the Phase 4 and the surrounding golf course properties in an effort to accommodate site topographic features and improve both the residential neighborhood and the golfing experience. These adjustments will also provide the opportunity to save majestic oak trees near the Black Horse No. 5 tee box and along the DoD property line immediately east of the residential lots 66-69 and west Packet Page 382
Item No. 10.A. Page 2 of 3
of General Jim Moore Boulevard.
Two (2) parcels, with a cumulative area of 19,592 sf (0.450 AC), adjacent to the exterior of the subdivision and adjacent to the City's Golf Course property, that due to topographic features, are not suitable for ownership by the homeowners' association, are being offered for dedication to the City of Seaside and in exchange, for six (6) minor sliver parcels, an area of 17,178 sf (0.394 AC), that will be conveyed by the City of Seaside to Shea Homes L.P. prior to filing the subdivision map. Overall, the property exchange is beneficial to enhancing the City's golf course, operations, and open space with a net increase in area to the golf course property. The new exterior boundaries of the future Phase 4 Final Map will reflect these property exchanges.
All of the parcels being exchanged are shown on the Map attached as Exhibit A to the Resolution and on the package of legal descriptions attached to this staff report. The Parcels from the Enclave Phase 4 to the City's Blackhorse and Bayonet golf course are identified as Areas 1 and 2 and total 19,294 and 298 square feet respectively. These parcels will enhance the City's open space, recreation and golf course experience. The parcels that the City will be exchanging for Areas 1 and 2 are identified as Areas A through F and total 956, 1037, 1278, 465, 777 and 12,665 square feet, respectively.
Each of Areas A-F are contiguous to the golf course and cumulatively less than 1/2 acre. Additionally, approximately 4446 square feet of Area F is already an access easement which will be conveyed to the adjacent owner. The access easement will no longer be necessary. Areas A-F qualify as exempt surplus land under the Surplus Lands Act, Gov. Code 54221(f)(1)(B) and (F).
Staff has reviewed the proposed lot line adjustments for conformance to the Project Conditions, EIR mitigation monitoring requirements, Tentative Map, previous Final and Parcel Maps, and the Seaside Municipal Code and has found they are substantially consistent with and satisfy applicable requirements.
An easement agreement for City of Seaside to have easements over the Shea Homes L.P. Phase 4 property was executed in 2022. Some of the easements will not be needed any longer because portions of the easements are within the parcels being transferred with the Lot Line Adjustment.
ENVIRONMENTAL CONSIDERATIONS
Staff found that the Lot Line Adjustment with Phase 4 of the Enclave Project is in substantial conformance with the intent and spirit of the project conditions. Applicable project conditions will be satisfied prior to the recordation of the Phase 4 Final Map.
FISCAL IMPACT
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Item No. 10.A. Page 3 of 3
Consistent with the project conditions, the Developer was required to pay fair share fees to offset impacts associated with the Development. Fair share fees include Park, Fire, Police, Emergency Vehicle Access, and Gateway Improvements. The fees associated with development of the 30 residential lots included with Phase 4 total $172,796.40 and will be paid to the City prior to recordation of the Phase 4 Final Map.
Net benefit to the Golf Course property.
ATTACHMENTS
1. Resolution Exchange and LLA
2. Exhibit A to Resolution Map-Exchange Phase 4
3. _1057 Legal Plat-Ph4 Golf Dedication-2024-0828
4. _1057 Legal Plat-Ph4 Acquisitions 2024-0828
Reviewed for Submission to the City Council by:
________________________________________
Craig Malin, Interim City Manager
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1 RESOLUTION NO. 24-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
APPROVING THE EXCHANGE OF PROPERTY BETWEEN SHEA HOMES LP, ENCLAVE PHASE 4 PARCELS AND THE BLACK HORSE AND BAYONET GOLF COURSE, MAKING
SURPLUS LANDS ACT FINDINGS, AUTHORIZING THE CITY MANAGER TO EXECUTE
DEED AND TO ACCEPT TRANSFERRED PROPERTY AND APPROVING THE LOT LINE
ADJUSTMENT
Recitals of Facts:
A. WHEREAS, on July 7, 2005, the City Council approved an application by Seaside Resort Development, LLC for Vesting Tentative Map No. TM-01-03 for the subdivision of approximately 84.88 acres of land which is a part of a larger approximate 380-acre parcel of land on which the Bayonet and Black Horse golf courses are located, which parcel is also known as Assessor’s Parcel Number 031-051-059; and B. WHEREAS, on July 7, 2005, the City Council adopted Resolution No. 05-43 certifying an environmental impact report for the Seaside Resort Estates Development Project; and C. WHEREAS, on March 15, 2007, the City Council adopted Resolution No. 07-10 approving Phase 1 Final Map, a Subdivision Improvement Agreement and Covenants, Conditions & Restrictions (CC&Rs) for the Seaside Resorts Estates Project; and D. WHEREAS, Shea Homes Limited Partnership has acquired interest in phases 1, 2, 3 and 4 of the single family residential component of the Seaside Resort Estates Development (the Development); and
E. WHEREAS, Shea Homes L.P. has requested an lot line adjustment to Phase 4 parcels and adjacent to the City of Seaside-owned golf course that due to topographic features, are not suitable for ownership by the homeowners' association, for dedication to the City of Seaside; and
F. WHEREAS, Shea Homes LP will transfer to the City of Seaside two (2) parcels of land with a cumulative area of 19,592 square feet (.450 acres), adjacent to the exterior of the subdivision and adjacent to the City owned property; and G. WHEREAS Shea Homes L.P. has requested the City of Seaside convey six (6) minor parcels, cumulatively totaling an area of 17,178 SF (.394 acres), to Shea Homes L.P. prior to filing Final Map for Phase 4 will reflect these additional areas; and H. WHEREAS, these exchanges are shown generally on Exhibit A, identified as Areas A through F for transfers from the City to the Enclave and Areas 1 and 2 for transfers from the Enclave to the City, attached hereto and incorporated herein by reference; and Packet Page 385
2 I. WHEREAS, Exhibit A identifies the transfers from the Enclave Phase 4 to the City as Area 1 totaling 19,294 square feet and Area 2 totaling 298 square feet. Areas 1 and 2 are adjacent to the City’s golf course and will become a part of the golf course being used for Open Space purposes, public recreation and enjoyment of scenic beauty of the area; and
J. WHEREAS, Exhibit A identifies the transfers from the City to the Enclave Phase 4 as Area A, totaling 956 square feet, Area B totaling 1037 square feet, Area C totaling approximately 1278 square feet Area D totaling 465 square feet area E totaling 777 square feet and Area F totally 12,665 square feet. Each of these areas is contiguous as between the Shea Homes LP and the City’s golf course; and K. WHEREAS, an easement agreement for City of Seaside to have easements over the Shea Homes L.P. Phase 4 property was executed in 2022, and some of the easements will not be needed any longer because of parcel transfers; and L. WHEREAS, the resultant lot line adjustment is in compliance with Government Code section 66412 and is in conformance with the local general plan, the existing development plans for the Seaside Resort Estates Development, zoning and applicable other building ordinances; and
M. WHEREAS, Steven C. Wilson, a Professional Engineer and Professional Land Surveyor with Monterey Bay Engineers is currently providing surveying services under contract with the City and is qualified to execute the certificate required by Section 66450.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEASIDE, CALIFORNIA, AS FOLLOWS:
1. The City Council does hereby find that the above recitals are accurate and are hereby incorporated in and made part of this Resolution by this reference.
2. The City Council makes the following findings pursuant to the requirements of the California Environmental Quality Act:
A. Pursuant to the California Environmental Quality Act (“CEQA”) and the Agency’s local CEQA Guidelines, the City certified an Environmental Impact Report (EIR) on July 7, 2005 in connection with the City’s approval of the Seaside Resort Project entitlements and the Agency Board approved the same EIR in connection with the Agency’s actions to implement that project. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts.
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3 B. The City Council finds, in connection with the lot line adjustment that its approval is a ministerial action consistent with the project that was reviewed and approved pursuant to the Seaside Resort Project EIR. The City Council further finds that actions contemplated by this Resolution will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant.
C. Based on these findings and all evidence in the record, the City Council determines that no additional environmental review is required pursuant to CEQA in connection with the City’s consideration of the property exchange and concomitant lot line adjustments.
3. The City Council hereby finds that the property outlined in Recital J is exempt surplus land. The City Council further finds that exchange of properties outlined in Recitals J and K above meet the Surplus Land Act exemption requirements of both small lot area transfers (Gov.
Code §54221(f)(1)(B) and Gov. Code 54221(f)(1)(E)) and the property received is beneficial and necessary for the long term recreational golf-course needs of the City ((Gov. Code §54221(f)(1)(C)) and are therefore exempt from the provisions of the Surplus Lands Act.
4. The City Council of the City of Seaside approves conveying Areas A through F with a cumulative area total of 17,178 SF, to the contiguous land owner, Shea Homes L.P. prior to filing the final map for Phase 4, and authorizes the City Manager to execute the associated Deeds and to approve attendant lot line adjustments reflecting the changes.
5. The City Council hereby authorizes the City Manager to accept Areas 1 and 2 totaling 19,592 SF from Shea Homes L.P. to the City of Seaside representing the exchange of property that enhances the City’s open space and recreation and directs the City Manager to amend the golf course property description accordingly.
6. The City further finds that in accordance with Gov. Code §54221(f)(2) the exempt surplus land in question is not within the coastal zone or within the Lake Tahoe Region as defined in Section 66905.5, adjacent to a historical unit of the State Parks System and is not listed on or determined to be eligible for the National Register of Historic Places.
7. The City Clerk shall certify to the adoption of this Resolution.
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4 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California on the ____th day of September, 2024.
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
APPROVED:
_________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominque L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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STREET B-3
STREET B-1
BAYONET GOLF COURSE
HOLE 11
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HOLE 12
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70 71
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Civil Engineering
Land Surveying
6 Harris Court
Monterey, California
831.649.5225
whitsonengineers.com SEASIDE, CALIFORNIA
PROPERTY LINE ADJUSTMENT EXHIBIT
THE ENCLAVE - PHASE 4
Sheet 1 of 2
June 21, 2024
Project No.:1057.28 SEE SHEET 2
TYPICAL PROPERTY LINE ADJUSTMENT
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STREET B-2
BAYONET DRIVE
GENERAL JIM MOORE BLVD.
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70 68
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67 8.
9. ∆= SEE SHEET 1
SEASIDE, CALIFORNIA
PROPERTY LINE ADJUSTMENT EXHIBIT
THE ENCLAVE - PHASE 4
Sheet 2 of 2
Civil Engineering
Land Surveying
6 Harris Court
Monterey, California
831.649.5225 June 21, 2024 whitsonengineers.com Project No.:1057.28 Packet Page 390
PAGE 1 OF 2
LEGAL DESCRIPTION
PORTIONS OF RESIDENTIAL PARCEL 1 AND RESIDENTIAL PARCEL 2a, DOC. 2023022034
(ENCLAVE PHASE 4 GOLF DEDICATIONS)
Certain real property situate in the City of Seaside, County of Monterey, State of California, being a portion of “Residential Parcel 1” and a portion of “Residential Parcel 2a” as said parcels are described in the grant deed to Shea Homes Limited Partnership recorded July 20, 2023 as document no. 2023022034, Official Records of said County, described as follows:
AREA 1
BEGINNING at a point on the common boundary of said “Residential Parcel 1” and Parcel C (“Fort Ord Golf Courses”) as shown on the map filed for record September 15, 2021 in Volume 24 of Parcel Maps at Page 10 in the Office of the County Recorder of said County, said point of beginning being the southwesterly terminus of course #7 (described as “North 66°35’00” East, 275.00 feet”) of said “Residential Parcel 1” as described in said grant deed, thence along said boundary the following four (4) courses and distances
1) North 66°35'00" East, 275.00 feet; thence
2) Northeasterly 243.95 feet along the arc of a tangent curve to the left having a radius of 1,000.00 feet, through a central angle of 13°58'39"; thence 3) Easterly 39.29 feet along a reverse curve to the right having a radius of 50.00 feet, through a central angle of 45°01'23"; thence
4) Southeasterly 173.32 feet along the arc of a compound curve to the right having a radius of 145.00 feet through a central angle of 68°29'09"; thence departing said boundary and running across said “Residential Parcel 1” 5) North 36°31'43" West, 48.38 feet; thence
6) Westerly 117.02 feet along the arc of a tangent curve to the left having a radius of 95.00 feet, through a central angle of 70°34'33"; thence tangentially 7) South 72°53'44" West, 23.86 feet; thence
8) South 62°37'11" West, 105.28 feet; thence
9) South 68°01'25" West, 114.47 feet; thence
10) South 54°27'28" West, 110.63 feet; thence
11) South 45°44'29" West, 73.64 feet; thence
12) South 77°14'56" West, 79.07 feet; thence
13) South 76°17'24" West, 129.37 feet to a point along course #6 of on the boundary of said “Residential Parcel 1”; thence along said course #6 Northeasterly 98.34 feet along the arc of a non-tangent curve to the right having a radius of 250.00 feet (a radial bearing to the center point of said curve Packet Page 391
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bears South 45°57'12" East), through a central angle of 22°32'12" to the POINT OF BEGINNING.
Area 1 containing 19,294 square feet, more or less.
AREA 2
Beginning at a point on the common boundary of the aforesaid “Residential Parcel 2a” and aforesaid Parcel C (“Fort Ord Golf Courses”), said point of beginning being the northerly terminus of course #9 (described in said deed as a curve having a radius of
45.00 feet, an arc length of 61.59 feet and a delta of 78°25’00”) of said “Residential Parcel 2a”; thence running across said “Residential Parcel 2a” South 10°20'01" West, 27.82 feet; thence
1) South 10°20'01" West, 27.82 feet; thence
2) South 03°11'36" East, 29.47 feet to the southerly terminus of said course #9; thence along said course #9
3) Northerly 61.59 feet along the arc of a non-tangent curve to the right having a radius of 45.00 feet (a radial bearing to the center point of said curve bears North 54°10'00" East), through a central angle of 78°25'00" to the POINT OF BEGINNING.
Area 2 containing 298 square feet, more or less.
Areas 1 and 2 containing a total of 19,592 square feet or 0.450 acres, more or less.
As shown on the plat attached hereto and made a part hereof.
END OF DESCRIPTION
PREPARED BY:
WHITSON ENGINEERS
________________________________ 8/28/24 _
RICHARD P. WEBER, LS DATE
L.S. No. 8002
Job No.: 1057.28
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AREA '1'
RESIDENTIAL PARCEL 1
SHEA HOMES LIMITED PARTNERSHIP
DOC 2023022034
RESIDENTIAL PARCEL 2a
SHEA HOMES LIMITED PARTNERSHIP
DOC 2023022034
POINT OF BEGINNING OF
RESIDENTIAL PARCEL 2A
DOC. 2023022034
POINT OF BEGINNING OF
RESIDENTIAL PARCEL 1
DOC. 2023022034
AREA '2'
PROJECT No.:
T:\Monterey Projects\1057 - Seaside Resort\SURVEY\LEGAL DESC\Phase 4\Golf Dedication\Phase 4 Legal-Plat-Dedication.dwg Civil Engineering
Land Surveying
6 Harris Court
Monterey, California
831.6495225
whitsonengineers.com SEASIDE, CALIFORNIA
AUGUST 28, 2024 PAGE 1 OF 3
1057.28
PLAT TO ACCOMPANY DESCRIPTION
INDEX MAP
OF PORTIONS OF PARCEL 1 & 2a TO BE TRANSFERRED
I N E E
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RESIDENTIAL PARCEL 1
SHEA HOMES LIMITED PARTNERSHIP
DOC 2023022034
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Land Surveying
6 Harris Court
Monterey, California
831.6495225
whitsonengineers.com SEASIDE, CALIFORNIA
AUGUST 28, 2024 PAGE 2 OF 3
1057.28
PLAT TO ACCOMPANY DESCRIPTION
AREA 1
OF A PORTION OF RESIDENTIAL PARCEL 1, DOC 2023022034 TO BE TRANSFERRED
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RESIDENTIAL PARCEL 2a
SHEA HOMES LIMITED PARTNERSHIP
DOC 2023022034
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PROJECT No.:
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Land Surveying
6 Harris Court
Monterey, California
831.6495225
whitsonengineers.com SEASIDE, CALIFORNIA
AUGUST 28, 2024 PAGE 3 OF 3
1057.28
PLAT TO ACCOMPANY DESCRIPTION
AREA 2
OF A PORTION OF RESIDENTIAL PARCEL 2a, DOC 2023022034 TO BE TRANSFERRED
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LEGAL DESCRIPTION
PORTIONS OF PARCEL C, VOL. 24 PAR. PG. 10
(ENCLAVE PHASE 4 ACQUISITIONS)
Certain real property situate in the City of Seaside, County of Monterey, State of California, being six separate portions of that certain parcel of land designated Parcel C (“Fort Ord Golf Courses”) as shown on the map filed for record September 15, 2021 in Volume 24 of Parcel Maps at Page 10 in the Office of the County Recorder of said County, each portion adjoining the boundaries of the property transferred to Shea Homes Limited Partnership by grant deed recorded July 20, 2023 as document no. 2023022034, Official Records of Said County, described as follows:
AREA A
BEGINNING at the northwesterly terminus of course #4 (described as “North 36°50’30” West, 135.13 feet”) of “Residential Parcel 1” as described in said grant deed, thence along the northwesterly prolongation of said course #4
1) North 36°50'30" West, 36.55 feet to a point on a curve that is parallel and distant
4.00 feet westerly from course #5 along the westerly boundary of said “Residential Parcel 1”; thence running parallel with said westerly boundary the following two (2) courses and distances
2) Northerly 140.75 feet along the arc of a non-tangent curve to the right having a radius of 169.00 feet (a radial bearing to the center point of said curve bears North 65°38'56" East), through a central angle of 47°43'05"; thence 3) Northeasterly 85.45 feet along the arc of a compound curve to the right having a radius of 254.00 feet through a central angle of 19°16'35"; thence departing said parallel line
4) North 76°17'24" East, 7.35 feet to a point along course #6 on said westerly boundary of “Residential Parcel 1”; thence along said course #6 5) Southwesterly 90.23 feet along the arc of a non-tangent curve to the left having a radius of 250.00 feet (a radial bearing to the center point of said curve bears South 45°57'12" East), through a central angle of 20°40'47"; thence along said course #5
6) Southerly173.39 feet along the arc of a compound curve to the left having a radius of 165.00 feet through a central angle of 60°12'31" to the POINT OF BEGINNING.
Area A containing 956 square feet, more or less.
AREA B
BEGINNING at the westerly terminus of course #2 (described as “North 86°20’00” West, 984.60 feet”) along the southerly boundary of “Residential Parcel 1” as described in said grant deed, thence along said course #2
1) South 86°20’00” East, 31.96 feet; thence departing said boundary Packet Page 396
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2) South 65°40’32” West, 138.31 feet to the southwesterly terminus of course #3 of said boundary; thence along said course #3
3) North 57°55’00” East, 111.11 feet to the POINT OF BEGINNING.
Area B containing 1,037 square feet, more or less.
AREA C
BEGINNING at the southeasterly terminus of course #17 along the northerly boundary of “Residential Parcel 1” as described in said grant deed, thence running along said boundary the following three (3) courses and distances
1) Westerly along said course #17, 45.89 feet along the arc of a curve to the right having a radius of 175.00 feet (a radial bearing to the center point of said curve bears North 23°23'00" East), through a central angle of 15°01’29”; thence along course #16 along said boundary
2) Northwesterly 74.03 feet along a reverse curve to the left having a radius of 175.00 feet, through a central angle of 24°14'16"; thence along course # 15 along said boundary
3) Westerly 145.74 feet along the arc of a compound curve to the left having a radius of 794.99 feet through a central angle of 10°30'14"; thence nontangentially along course #14 along said boundary 4) North 03°40'00" East, 5.00 feet, thence departing said boundary 5) South 86°20'00" East, 38.66 feet; thence
6) Easterly 74.74 feet along the arc of a tangent curve to the right having a radius of 525.00 feet, through a central angle of 08°09'25"; thence 7) Southeasterly 95.22 feet along the arc of a compound curve to the right having a radius of 225.00 feet through a central angle of 24°14'52"; thence 8) Southeasterly 59.27 feet along a reverse curve to the left having a radius of 425.00 feet, through a central angle of 07°59'27" to a point on the northeasterly prolongation of course #18 on the easterly boundary of said parcel; thence nontangentially along said prolongation 9) South 23°23'00" West, 1.35 feet to the POINT OF BEGINNING.
Area C containing 1,278 square feet, more or less.
AREA D
BEGINNING at the southwesterly terminus of course #1 (described as “South 23°23’00” West, 42.93 feet”) along the southeasterly boundary of “Residential Parcel 1” as described in said grant deed, thence along the southerly prolongation of said course #1
1) South 23°23’00” West, 7.17 feet; thence
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2) North 83°28’38” West, 135.50 feet to a point along course #2 along the southerly boundary of said “Residential Parcel 1”; thence along said course #2 3) South 86°20’00” East, 137.76 feet to the POINT OF BEGINNING.
Area D containing 465 square feet, more or less.
AREA E
BEGINNING at the southeasterly terminus of course #6 (described as “North 66°37’16” West, 55.00 feet”) along the southerly boundary of “Residential Parcel 2a” as described in said grant deed, thence along said course #6 and running along boundary the following two (2) courses and distances
1) North 66°37’16” West, 55.00 feet; thence along course #7 along said boundary 2) Northwesterly 77.92 feet along the arc of a tangent curve to the right having a radius of 145.00 feet, through a central angle of 30°47’16”; thence departing said boundary
3) South 35°50’00” East, 66.16 feet; thence
4) South 77°07’54” East, 73.62 feet to the POINT OF BEGINNING.
Area E containing 777 square feet, more or less.
AREA F
BEGINNING at the point of beginning of “Residential Parcel 2a” as described in said grant deed, being also the northwesterly terminus of course #1 along the boundary of said parcel as described in said grant deed, thence along course #1 and running along said boundary the following four (4) courses and distances 1) South 66°37’00” East, 179.98 feet; thence along course #2 of said boundary 2) South 23°23’00 West, 229.06 feet; thence along course #3 of said boundary 3) South 23°22’38 West, 215.94 feet; thence along course #4 of said boundary 4) South 66°37’16” East, 10.00 feet to the northwesterly boundary of Parcel 2 as shown on the map filed for record in Volume 27 of Surveys at Page 91 in the office of the County Recorded of said County; thence departing the boundary of said “Residential Parcel 2a” and running along the boundary of said Parcel 2 the following two (2) courses and distances
5) North 23°22’44” East, 479.92 feet to an angle point in the boundary of said Parcel 2; thence
6) North 41°44’54” West, 53.97 feet; thence departing the boundary of said Parcel 2 7) South 23°23’00” West, 20.70 feet; thence
8) North 66°37’00” West, 145.00 feet; thence
9) South 23°23’00” West, 186.00 feet; thence
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T:\Monterey Projects\1057 - Seaside Resort\SURVEY\LEGAL DESC\Phase 4\Acquisitions\1057 Legal Desc - Phase 4 Acquisitions.docx 10) South 66°37’00” East, 4.00 feet to a point along course #15 along the aforesaid boundary of “Residential Parcel 2a”; thence along said course #15 11) North 23°23’00” East, 149.08 feet to the POINT OF BEGINNING Area F containing 12,665 square feet, more or less.
Areas A through F containing a total of 17,178 square feet or 0.394 acres, more or less.
As shown on the plat attached hereto and made a part hereof.
END OF DESCRIPTION
PREPARED BY:
WHITSON ENGINEERS
________________________________ 8/28/24 _
RICHARD P. WEBER, LS DATE
L.S. No. 8002
Job No.: 1057.28
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PARCEL C
"FORT ORD GOLF
COURSES"
VOL 24 PM PG 10
PARCEL C
"FORT ORD GOLF
COURSES"
VOL 24 PM PG 10
PARCEL C
"FORT ORD GOLF
COURSES"
VOL 24 PM PG 10
AREA 'B'
AREA 'A'
AREA 'C'
AREA 'D'
AREA 'F'
AREA 'E'
RESIDENTIAL PARCEL 1
SHEA HOMES LIMITED PARTNERSHIP
DOC 2023022034
RESIDENTIAL PARCEL 2a
SHEA HOMES LIMITED PARTNERSHIP
DOC 2023022034
POINT OF BEGINNING OF
RESIDENTIAL PARCEL 2A
DOC. 2023022034
POINT OF BEGINNING OF
RESIDENTIAL PARCEL 1
DOC. 2023022034
LEGEND
MONTEREY ROAD
PROJECT No.: T:\Monterey Projects\1057 - Seaside Resort\SURVEY\LEGAL DESC\Phase 4\Acquisitions\Phase 4 Legal-Plat-Acquisition.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
1057.28
PLAT TO ACCOMPANY DESCRIPTION
INDEX MAP
TO BE TRANSFERRED
SEASIDE, CALIFORNIA AUGUST 2024 PAGE 1 OF 5
PORTIONS OF PARCEL C, 24-PM-10
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RESIDENTIAL PARCEL 1
SHEA HOMES LIMITED PARTNERSHIP
DOC 2023022034
PARCEL C
"FORT ORD GOLF COURSES"
VOL 24 PM PG 10
PARCEL C
"FORT ORD GOLF COURSES"
VOL 24 PM PG 10
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PROJECT No.: T:\Monterey Projects\1057 - Seaside Resort\SURVEY\LEGAL DESC\Phase 4\Acquisitions\Phase 4 Legal-Plat-Acquisition.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
1057.28
PLAT TO ACCOMPANY DESCRIPTION
AREA A & AREA B
TO BE TRANSFERRED
SEASIDE, CALIFORNIA AUGUST 2024 PAGE 2 OF 5
PORTIONS OF PARCEL C, 24-PM-10
I N E E
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RESIDENTIAL PARCEL 1
SHEA HOMES LIMITED PARTNERSHIP
DOC 2023022034
PARCEL C
"FORT ORD GOLF COURSES"
VOL 24 PM PG 10
PARCEL C
"FORT ORD GOLF COURSES"
VOL 24 PM PG 10
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PROJECT No.: T:\Monterey Projects\1057 - Seaside Resort\SURVEY\LEGAL DESC\Phase 4\Acquisitions\Phase 4 Legal-Plat-Acquisition.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
1057.28
PLAT TO ACCOMPANY DESCRIPTION
AREA C & AREA D
TO BE TRANSFERRED
SEASIDE, CALIFORNIA AUGUST 2024 PAGE 3 OF 5
PORTIONS OF PARCEL C, 24-PM-10
I N E E
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RESIDENTIAL PARCEL 2a
SHEA HOMES LIMITED PARTNERSHIP
DOC 2023022034
PARCEL C
"FORT ORD GOLF COURSES"
VOL 24 PM PG 10
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PROJECT No.: T:\Monterey Projects\1057 - Seaside Resort\SURVEY\LEGAL DESC\Phase 4\Acquisitions\Phase 4 Legal-Plat-Acquisition.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
1057.28
PLAT TO ACCOMPANY DESCRIPTION
AREA E
TO BE TRANSFERRED
SEASIDE, CALIFORNIA AUGUST 2024 PAGE 4 OF 5
PORTIONS OF PARCEL C, 24-PM-10
I N E E
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RESIDENTIAL PARCEL 2a
SHEA HOMES LTD PARTNERSHIP
DOC 2023022034
PARCEL C
"FORT ORD GOLF COURSES"
VOL 24 PM PG 10
PROJECT No.: T:\Monterey Projects\1057 - Seaside Resort\SURVEY\LEGAL DESC\Phase 4\Acquisitions\Phase 4 Legal-Plat-Acquisition.dwg Civil Engineering + Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
1057.28
PLAT TO ACCOMPANY DESCRIPTION
AREA F
TO BE TRANSFERRED
SEASIDE, CALIFORNIA AUGUST 2024 PAGE 5 OF 5
PORTIONS OF PARCEL C, 24-PM-10
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.B.
TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Dan Meewis, Recreation Director
DATE: September 5, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE INTERMITTENT
CLOSURE OF GENERAL JIM MOORE BOULEVARD TO THROUGH
TRAFFIC FROM BROADWAY AVENUE TO COE AVENUE AND ALL
OF EUCALYPTUS ROAD ON SEPTEMBER 12, 2024
RECOMMENDATION
Adopt a resolution permitting the intermittent road closure of General Jim Moore Boulevard to through traffic from Broadway Avenue to Coe Avenue and Eucalyptus Road to ensure public safety during the filming at the intersection of San Pablo Avenue and General Jim Moore Boulevard and on Eucalyptus Road on Thursday, September 12, 2024.
BACKGROUND
Roukya Films has submitted an application to film two scenes for their romantic comedy movie "Maintenance Required" on Thursday, September 12, 2024, at the intersection of San Pablo Avenue and General Jim Moore Blouevard, as well as Eucalyptus Avenue.
During filming, they will also be using a drone that will be following the cars for both scenes. They are requesting an intermittent road closure from 9:00 a.m to 2:45 p.m.
The intermittent road closure is on General Jim Moore from Broadway Avenue to Eucalyptus Avenue (Northbound) and all of Eucalyptus Avenue.
If the City Council approves the request for closure of General Jim Moore from Broadway Avenue to Eucalyptus Avenue and all of Eucalyptus Avenue on Thursday, September 12, 2024, between the hours of 9:00 a.m to 2:45 p.m., staff recommends the following conditions be met:
1. Roukya Films to provide insurance coverage.
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Item No. 10.B. Page 2 of 2
2. Pay all city-related costs
FISCAL IMPACT
Cost Estimate for city permits, staff time and resources:
Special Event Application Fee $ 110.00
Film Permit Application Fee $1,005.00
Encroachment Permit Fee $ 45.00
Police Department - Two Officers assigned to traffic control $1,434.79 Public Works - staff time, barricades, and notification signs $ 800.00 TOTAL $3,284.79
ATTACHMENTS
1. Roukya Films - Special Event Application 2024
2. Roukya Films - Film Permit Application 2024
3. Roukya Films - Temporary Street Closure Policy 2024
4. Roukya Films - Maps for Traffic Control 2024
5. Roukya Films - Encroachment Permit 2024
6. Roukya Films Resolution 2024
7. Roukya Films - Drone Operators Paperwork 2024
8. Roukya Films - Insurance 2024
Reviewed for Submission to the City Council by:
________________________________________
Craig Malin, Interim City Manager
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Meeting Date:
09/05/2024
Item #: X.X.
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
APPROVING THE INTERMITTENT CLOSURE OF GENERAL JIM MOORE TO
THROUGH TRAFFIC FROM BROADWAY AVENUE TO EUCALYPTUS AVENUE
AND ALL OF EUCALYPTUS AVENUE
WHEREAS, Roukye Films will be filming a scene for their movie “Maintenance Required” at the intersection of San Pablo Avenue and on Eucalyptus Avenue; WHEREAS, the intermittent closing of General Jim Moore from Broadway Avenue to Eucalyptus Avenue and all of Eucalyptus Avenue is necessary between the hours of 9:00 a.m. to 2:45 p.m. on Thursday, September 12, 2024 to ensure the safety of the public and film crew.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside hereby approves the intermittent closure of General Jim Moore from Broadway Avenue to Eucalyptus Avenue and all of Eucalyptus Avenue to ensure the safety of the public and film crew using this portion of roadway during the filming.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 05th day of September 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
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