Packet Page 240
Approved as to Form
^>^-
City Attorney
^\ejr\ L. Oflimon ACKNOWLEDGMENT
A notary public or other officer complctmg this
certificate verifies only the identity of (he individual who signed the document to which fliis certificate is
attached, and not fee truthfidness, accuracy, ar
validity of that document.
STATE OF CALIFORNIA
COUNTY OF MONTEKEY
On. before me,
appeared
Ae peraon(s) whose name(s) istee subgcribe^ the wilhin instnment and acknovdedgedto; ejmemUsAer/lfaCTuAorized capac;)i<aadtotbyhisl>er/flicir8igiiatun<s) onSieiDsiromentAe'pm'mhT'or'fl^ entttyfics) upon behalf of which the pns)>l{i;8) actsd, executed the iastmmait " - - -' .--v-/.
Notary Public, personally
, who proved to me on die basis ofsatis&ctoiy evidence to be I certify under PENALTT OF
con-ect.
IY under the laws of flu; State of Califimria ftat die foregomg paragraph is true and WITNESS my hand and official seal.
Pkua Notaiyjfeal Above Signature of Notary Public
Packet Page 241
C. JJWRKIA ALL-PUI .PCSE ACIWOWL, CIVIL CODE S t189
iividual who signed the document
to which this certificate Is Ettached. and not the truthfulness, accuracy, or validity of that document" State of California
county of _hAmJb£G2^_ _,''
On fQACy^T^-^, ^01(5. before me, l)t^Vl]^lj^A£_^ Q^S^-S^IVQ&A.
Dote _ , . ,. Were iAert Name andTltte of fheOlfker Date personally appeared C^TO\ \ t\ M/5| \\ Y\ ^
Namefsj of Stgneifs)
,wh£pr°^d-t°m. eonlhe-bas';-°fsaBsfact°ry evidence to be the personfs) whose name(s)7s/are subscrtbed t°^1e-wlth'"-'"!trument and.acknpwledgedto me that he/she/theyexecuted"the'sa'n:i'e"h*h'i5ll °er^'i"' a^h°£ed,.CT.^es2La"dJhatbyhl^er^irs'?natur^^^
upon behalf of which the pereonfs) acted, executecfthe Instrument. " ""~""~'" . "- r---.'-'.
BOriKIQUELUIllCE JONES
MotnryPubfc-California
^'jonterey County
Cormnission 3 22371&4
^Comm. ExpfresApr 7, 2022
Pface Notary Sea/ and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct
WITNESS my hand and official seal.
Signature W MAA^t
OWIOKAL
.
^i
Wl IRW .~
SignatSi-S of Notary Publl
Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of AUashed Documairt
Title or Type of Document AC6s^a(aLfi-tisA&tULjV.tedW-i-&n+ C"CAnw/.sTf s.., -.«" DocumentD<rted>A^rt^~ \ff , -LQ2.Q -' ^ "NumberofPages^ Slgnerfs) Other Than Named Above:
Capedtyites) Claimed . E»yS.lgnar(s)
Sigger-sNsme; P//Z^i^\S'ulpAlV"t Signer's Name:
:orporate Officer - TiUefs): XiA^J-AffiUt^f^a Corporate Officer - Tltlefs):
a part"er-. a Llmltecl a General ' .' a Partner- a Limited a'GeneraT a'"dMdual a Attorney in jact a IndMdual - a Attorney In Fact °Zrustee a Guardian of Conservator a Trustee a Guardian' of Consavator aother:--7T^-. - . . a Other:
Signer is Representing: £A3^B^_££dSkLs- Signer Is Representing:. 02017 National Notary Association
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Exhibits
Exhibit A - Legal Description
Exhibit B - Affordable Housing Ordinance
Exhibit C - Number, Location and Distribution of Affordable Units [KB Spreadsheet] Exhibit D - Sample Sales Price Calculation
Exhibit E - Form of Resale Agreement
Exhibit F - Form of Deed of Trust
Exhibit G - Form of Rental Unit Affordable Housing Regulatory Agreement Packet Page 243
EXHIBIT A
LEGAL DESCRIPTION
[ATTACHED]
Exhibit A
Packet Page 244
EXHIBIT A
LEGAL DESCRIPYION
PARCEL I:
Ihe-p°rtl°n. °fthe f'"'IT'er Fort_°.rd Mllltary Resen'ation In Rancho Noche Buena, In the City of Seaside.
County of Monterey, State of California described as fallows: --- -, - -..--.., - -.-.,..., AJ'°rti°n °f paKel 3 as v r maP recorded in Volume 21, Page 83 of Surveys In the Office of the county, more partfcularly described as follows:
Begi1ning. attrlen?rth*restcomer°fsaid parcel 3 as Per said map, designated and shown a point severity'. four (74) °"paBe 4 °f 9 thereon; thence along the northerty boundary of said'ParceFs the fbllowir courses
^Nctth88° oo'P°°East' 1'473-85 feet to th® beginning of a curve, concave south, having a radius of :;
2) Easteriy 224. 55 feet along sakl curve, through a central angle of 14° 22' 3D"; thence 3)s°"th-77°. 37' 3°". East' 21-771set to the beginning of a curve, concave southwest, having a radius of 260. 00 feet; thence leaving said boundary of said Parcel 3 4) Southeasterly 461. 03 feet along said curve, through a central angle of 101° 35' 49"; thence 5)south 23.°. 58'l?^westi195-81 feet to the beginning of a non-tangent curve, concave to the south, a radius of 131.30 feet, and ft-om which beginning a radial beare North 16° 47'-4BI';"th~ence"~"1' 6)-westerly'171-15 feet aton9 said curve, through a central angle of 74° 40' 59" to the beglnnlna of a reverse curve, concave northwest, having a radius of 120. 00 feet; thence 7}-s°uthwesterly'123-06 feet along said curve, through a central angle of 58° 45' 31" to the beginnlna of a reverse curve, concave south, having a radius of 413. 66 feet; thence 8) westerly, 215. 22 feet along said curve, through a central angle of 29° 48' 34"; thence 9) South 61° 03' 46" West, 142, 81 feet; thence
I°),.N°rth.°y32'-34",East'249-44 feet to the beginning of a curve, concave to the southwest, having a of 50. 55 feet; thence - " . ----..---....-,
11) Northwesterly, 79. 79 feet along said curve, through a central angle of 90° 26' 36"; thence 12). NOrth-87. \54. '-02". west'. l;363'25. fEet toa p°int °"the westerly boundary of said Parcel 3;thence, said westeriy boundary the following three (3) courses ' - ~ --'' "' ~'~ ' ~'~" '' l?-, ?.?ru; 371wo61East'151-61 feet to the be9lnnlna of a cunre, concave to the west, having a radius :;
14) Northerly, 271. 09 feet along said curve, through a central angle of 43° 30' 36"; thence
15.)-N°rth °5°w 29*west' l.s-?7 feet .t°the polnt °f Beginning, me bearing North 87° 33' 00" West as meas"red-betwei"Lm°n"r"ents f°und al°.ng the "'esterly boundary of Parcel 3 as'perVDlume"21,"Page'i3 of Surveys, records of Monterey County, California, Is the basis of hearingsfor this'descrlptton" "' Excepting therefrom mineral rights with right of surface entry in a manner that does i"terfere with. Gra"tee. '?_devei°pment-ii. r'd ''utet enjoyment of the property as-reserved7n~t'he'^Qu'l't i..." executed by United States of America, recorded August 28, ZOOS, Instrument No~20080'57'085, Packet Page 245
Official Records, Monterey County.
PARCEL II:
WS^S 5rtc^^t^ca^i^and10 Nodle Buena'ln u'e c^of seaside' ^^,OLPaa^^K^aldne^L2^^o^ ofsurveys '" the offlce ofthe coun^ ^^9J^^^m^ea^^amwofsaw''a'ce[3. asPersalt'. maP designated and shown as point if-seven (77) on page 4 of 9 thereon; thence along the easteriy boundary of said Parce'1'3' 1) South 02° 10' 30" West, 158. 83 feet; thence leaving said easteriy boundary 2) North 87° 49' 30" West, 248. 60 feet; thence
3) South 23° 58' 19" West, 334. 69 feet; thence
4) North 66° 01' 41" West, 120.00 feet; thence
32N6°Ot5D2^t58th"n'ceEast' 195-81 feetto the beglnn!"g ofa culve- <:o"cave t°the so"thwest, having radius 6) Northwesteriy 461.03 feet along said curve, through a central angle of 101° 35' 49"; thence 7) South 77° 37' 30" East, 616.70 feet to the Point of Beginning. ^^"n^LN °rt, h«,WL33.'.°°'..west^°"B.the westeriy b°"ndary of Parcel 3 as per Volume 21, Page 83 of Surveys, records of Monterey County, Califb'rnia, ls e basis of bearrngs"fcr"this'dK'c'rlpHoun'. "° "' ^^gJi?^^^mJ:aL,"9te^ithrigJ1.t-ofsurface.entry.l.n a '"anner that does not unreasonably ^ftre«WJ^^T. e's. d.ereb.pmert/nd}Lulet e"J°ymentofth<prope^ SSstedMobnyt^SS of America' rec°rd^ August-28;£o-08. Inst,. me°n"t No"2'0olu015^^, PARCEL III:
,
'.hat,£°rSCT-°fthe. ft'mer F°rtort M."itan'Reservatto". '" Rancho N°che Buena, in the City of Seaside. County of Monterey, State of California described as fallows7" ~'~ ""'"" """""' '" ""'""''' "' T°°i'"e' £j'rS^cpai?eL3 15 PS.r.mTrec-°riei d. ll,'-Y°lume 2I'. p?9e 83 °f Surveys in the Ofnce of the County Recorder of said county, more particularly described as'faltows7 B^'"Dra^a,t Lp^ntlta"ears. s°,uth.?2° l-cr 3°" west' 158-83 feet frQm the '"°st northeasteriy comer of ^par"L3 as-peria'd. map'_'leslgnate(!and shown as POI"t-seventy-seven"('77Ton"[>ag'e°4^f'9th'ereconT thence along the easteriy boundary of said Parcels, ~ ^-.-----, -.- v, w., i^ye -, u, 3 iiieieun; {l^wt^ ?2L1^3°'^west; ,l'°74:.°?-feet-t"_poln"esi?"atedand show"as P°l"t seveirty-eight (78) on page 4 of 9 thereon; thence leaving said boundary of saicfparcel 3 (2) North 87° 48' 54" West, 147. 32 feet; thence
(3) North 01° 36' 08" East, 8.35 feet; thence
^). ONO'>£t87U,e4n'ce46" west' 438'71 feet to the ')eglnr"ng of a cu've' concave northeast- havin9 a radius °f (5) northwesteriy 117. 04 feet along said curve, through a central angle of 111° 46' 04"; thence (6) North 23° 58' 19" East, 1,058. 92 feet; thence
Packet Page 246
m South 87°_49' 30" East, 248.60 feet to the Point of Beninnjna. ^^^^X^^^^^S^K^s^21-pa9e s3 of
ssss^^s^^^^^^^^ s^a^S'^^ ^Y^^sa^^. ^as%
PARCEL IVi
^ih,^rert,aL"^rea'£r°Ee'ty. situate'nRanchoNoche BU6na' MontereyCity Lands, Tract No. 1. Cit "
(1) South 87° 46- 00° East, 334.96 feet; thence
(2) North 2° 08' 00" East, 159.92 feet; thence
(3) North 87° 46' 00° West, 334.84 feet; thence
(4) South 2° 10' 30" West, 159. 92 feet, to the Point of Beginning. ^t3ld by unlted states °fAmerlca' and ^°"'edAprll21;2004;'Instmm°enrN o'. L20I:MO"3'83°d'3; ^c°al PARCEL V:
?",thSt^l"J^.l.property/Jtuate '" Rancho Noche Buena, Monterey City Lands No. 1, Beginning at the northwesterly corner of Parcel 12; thence (1) South 87° 45' 04° East, 821.44 feet; thence
(2) South 2° 13- 00" West, 202. 37 feet; thence
(3) North 87° 46' 00" West, 819.31 feet; thence
(4) North 2° 09' 00" East, 171,10 feet; thence, non-tangentially g^g^B^^^^^^^^^^^^^
^^?S^S^^t^^ ^=%s)5srb ly
Sld byun^ te°fiAmeri°:'a"dreuc?ort°ed^ri'''e21pro2^
PARCEL VI: ;
All that certain real property situate in Rancho Noche Buena, Monterey City Lands Tract No. 1, City of Packet Page 247
Seaside, County of Monterey, State of California described as follows:
A portion of Parcel I, as said Parcel 1 is shown and so designated on the map flled for record In Volume 23 of "Surveys", at^Page 96, Records ofMonterey County, California, said portion being more particularly described as foJlows:
Beoinnlng at the northerly termlnus of the westeriy most line of Parcel 1, as shown on said map; thence, from said Point of Beginning,
(1) South 87° 46' 00" East, 394.96 feet to a point on the westerfy line of Parcel 2, as shown on said map; -~ thfince, alwrg the westerly and southerly lines of said Parcel 2, " - (2] Syrth &2» 08' 23" West, 20.0. 07 feat to a 1-1/4" Iron pipe tagged "RCE 15310"; thence (3) South 87° 46' 30° East, 464.58 feet to a 1-1/4° Iron pipe tagged "RCE 15310"; thence (4) South 02° 15- 21" West, 23, 02 feet to a 1-1/4" Iron pipe tagged "RCE 15310°;thence (5) Soucn W 46' 00" East, 473. 29 feet to a Vl/4" iron pipe tagged °RCE 15310"; thence, leaving said boundary of said Parcel 2,
(6) South 02° 14' 00" West, 263.17 feet to a point on the southeriy boundary of said Parcel 1; thence along the southerly and westeriy boundary of said Parcel 1,
(7) North 87° 49- 30" West, 187. 15 feet to a 1-V4" Iron pipe tagged "RCE 15310"; thence (8) South 02° 10' 12" West, 224. 79 feet to a 1-1/4" Iron pipe tagged "RCE 15310"; thence (9) North 87° 49' 37" West, 1103.28 feet to a brass tag in walk stamped "RCE 15310"; thence (10) North 02° 14' 12" East, 12.99 feet to a 1-1/4" iron pipe tagged "RCE 15310"; thence (11) North 87" 49' 30" West, 42. 25 feet; thence
(12) North 02° 10' 30" East, 699. 39 feet to the Point of Beginning.
Excepting therefrom all mineral rights with the right of surface entry fn a manner that does not unreasonably interfere with the development and quiet enjoyment of the property, as reserved in the Quitdalm Deed executed by United States of America, and recorded October 17, 2002, Instrument No. 2002097675, Official Records, and amended Febmary 23, 2011, Instrument No. 2011010801, Official Records.
PARCEL VII:
All that certain real property situate in Rancho Noche Buena, Monterey City Lands Tract No. 1, City of Seaside, County of Monterey, State of California, being a portion of Parcel 4, as said Parcel 4 is shown and so designated on map flled for record In Volume 23, "Surveys", at Page 96, Records of Monterey County, California, said portion being more particularly described as follows:
Beginning at the northeasterly comer of Parcel 4, as shown on said map; thence from said Point of Beginning, (1) South 2° 14' 00" West, 324. 24 feet; thence
(2) North 87° W 00" West, 392. 97 feet; thence
(3) South 15° 36' 00" West, 312. 79 feet; thence
(4) North 87° 23' 00" West, 197. 15 feet; thence
(5) South 60° 24' 00" West, 56. 50 feet; thence
Packet Page 248
(6) South 87° 12' 30" West, 117. 57 feet; thence
(7) North 02° 10' 21" East, 81. 94 feet; thence
(8) South 87° 49' 30" East, 184.43 feet; thence
(9) North 10° 27' 00" West, 236. 04 feet; thence
(10) North 30° 43' 16" West, 36. 81 feet; thence
(11) North 87° 47'21" West, 109. 80 feet; thence
(12) North 02° 14' 00" East, 205.98 feet; thence
(13) South 87° 46' 00" East, 274. 63 feet; thence
i : . . .' -
(14) tjlorth 02° 14' 00" East, 118. 10 feet; Uience
(15) South 87° 46' 00" East, 550.23 feet, to the Point of Beginning.
SlS.t:^.S?'S??T-!?inTfal. n?htsvyith ';i9ht°fsurfaceentry in a manner that does not unreasonably Interfere with Grantee's development and quiet enjoyment of the property as reserved In the 1Ql"tdaimDeed-. -;°. executed. byunted States of America, recorded April 21, '20M, instrument No. 2004038303, Official Records, "Monterey County. - --' "~'~"~ ' .r'" ~' "". -."""..."".. ..".
PARCEL VIIL
Allthat^certain real property situate In Rancho Noche Buena, Monterey City Lands Tract No. 1, City ofSeaslde, County of Monterey, State of California, being a portion of the "Seaslde'V" parcel, as said parcel Is shown and so designated on the map filed for recortTln'Voiume 23. "Surveys", at Page 96, Records of Monterey, California, said portion being more described as follows:
Beginning at the northeasteriy comer of the "Seaside V" parcel; thence, (1) South 02° 12' 30" West, 60. 00 feet; thence
(2) North 87° 45' 49" West, 414. BS feet; thence
(3) South 02° 14' 47" West, 155. 03 feet; thence
(4) South 87° 46' 07" East, 414. 99 feet; thence
(5) South 02° 12' 30" West, 653. 19 feet; thence
(6) North 87° 49' 30" West, 1025. 78 feet; thence
(7) North 02" 14' 01" East, 779. 15 feet; thence, non-tangentlally, (? .N°rttmresteriy'. al°ng the-arc °f a Ti^t° the left, concave to the southwest, the center of which bears North 87° 46' 17° West, 30.00 feet, through a central angle of 90° 00' DO", a-dlstance-of47. l2'feet;'thence (9) North 87° 46' 17" West, 201. 00 feet; thence
(10) South 02° 14' 00" West, 809.37 feet; thence
(11) North 87° 49' 19" West, 855. 1B feet; thence
(12) North 02° 10' 21" East, I42. 85 feet; thence
Packet Page 249
(13) North 87° 12' 30" East, 117. 57 feet; thence
(14) North 60° 24' 00° East, 56, 50 feet; thence
(15) South 87° 23' 00" East, 197. 15 feet; thence
(16) North 15° 36' 00" East, 312. 79 feet; thence
(17) South 87° 46' 00" East, 392. 97 feet; thence
(18)'NortM2° 14' 00" East, M4.24feet; thence
(19) Worth 87" 46' 00° West, 550. 23 feet; thence
(20) South 02° 14' 00" West, 118. 10 feet; thence
(21) North 87° 46' 00" West, 274. 63 feet; thence
(22) South 02°' 14' 00" West, 205. 98 feet; thence
(23) South 87° 47' 21" East, 109. 80 feet; thence
(24) South 30° 43' 16" East, 36. 81 feet; thence
(25) South 10° 27' 00" East, 236. 04 feet; thence
(26) North 87° 49' 42" West, 851. 79 feet; thence
(27) North 02° 13' 56" East, 556.13 feet; thence, non-tangentlally, (28). N°rt.hwe.steriy'al°"gthe.arc °fa curve to tte left' concave to the southwest, the center of which bears North 87° 46' 24" West, 30.00 feet, through a central angle of 90° 00' 22", a distance or4~7. 13feetto a~ >;thence;thence
(29) North 87° 45' 57- West, 878.30 feet; thence, non-tangentlally (30), s°uthwe, steriy:. al°rl9the. Brc °f a. curve to the Ieft' c°n"ve to the southeast, the center of which bears South 02° 11' 48" West, 30.00 feet; through a central angle of 90° 09' 38°, a-dTstance'of47.2'i feet'to'aD'oir of cusp;thence
(31) South 02° 08' 23" West, 69. S5 feet; thence
(32) North 87° 46' 00" West, 60. 00 feet; thence
(33) North 02° 08- 00" East, 159. 92 feet; thence
(34) South 87° 46' 00" East, B74. 31 feet; thence
(35) North 02° 15' 00" East, 202. 37 feet; thence
(36) South 87° 46' 09" East, 256. 86 feet; thence
(37) South 02» 15' 00" West, 202. 38 feet; thence
(38) South 87° 45' 59" East, 1112. 7S feet; thence
(39) South 87° 46' 17" East, 1533.74 feet, to the Point of Beginning.
Excepting Therefrom a 0.41 acre parcel of [and, more particularly known as "F5.2" as designated far Packet Page 250
s^^^T^^SS ^IK^^^hs^at ed
=- &sT3T4r^tot^ e,^rt^yJLn!°lc^meiD U,rt'amROBd a"hownon^d "aP. North 87» W 17" ='K^a2^nw»S5;»^SSSE£ (1) South 02» 40' 54" West, 120, 15 feet; thence
(2) North 87° 47' 08" West, 18.45 feet; thence
C3) North 87° 45' 13" West, 130. 27 feet; thence
(4) North 02° 14' 30" East, 90. 12 feet; thence, non-tangentlally l^&a'.~.%-s.-.s."ffi.^.%."^.^^^>.s,
(6) South 87° 43' 34" East, 119. 72 feet, to the True Point of Beginning. as. 'w as de519nated for
S^s'^^?s'%%«mS'5sSss5fE£
W South 87° 46' 19" East, 180. 23 feet; thence, non-tangentlally SSffS:^^S.-SSi^^-^^S-;.-SS.^
(3) South 02° 12' 56" West, 299. 03 feet; thence
(4) North 87° 47; 27" West, 229. 51 feet; thence
(5) North 02° 10- 34° East, 208.96 feet; thence
(6) South 87° 47' 08" East, 18. 45 feet; thence
(7) North 02° 40' 54- East, 120. 15 feet to the True Point of Beginning.
Also Excepting merefrom a 1. 16 acre parcel of land, more particularly known as -L36". as designated for Packet Page 251
Economic Development Conveyance, more particularly described as follows:
All that certain real property situate In Rancho Noche Buena, Monterey City Lands Tract No. 1, City of Seaside, County of Monterey, State of California, being a portion of Parcel 4 (Exception), as said Parcel 4 is shown and so designated on the map filed for record in Volume 23, "Surveys", at Page 96, Records of Monterey County, California, sakl portion being more particulariy described as follows:
Commencing at the rortheasteriy comer of the "SeasUe V" parcel, as said parcel is shown and so designated on the map filed for record In Volume 23, "Surveys", at Page 96, Records of Monterey County, California; thence, westerty along the northerly line of Colonel Durfiam Road as shown on sa!d map, North 87° 46' 17" West, 1533. 74 feet to a 1-1/4" Iron pipe with plastic plug marked "RCE 15310"; thence, North 87° 45' 59" West, 605-. 36feet; t-hence Soflth 02° 14' 32" West, 60. 03'feetto a 3/4" iron pipe with plastic plug marked "RCE 15310", said point being the True Point of Beginning; thence, from said True Point of Beginning, (1) South 02° 14' 01" West, 11S. OB feet; thence,
(2) South 02° 14' 50" West, 205. 76 feet; thence,
(3) North 87° 47' 14" West, 156. 10 feet;thence,
(4) North 02° 12' 53" East, 293. 91 feet; thence, non-tangentlally, (5) Northeasterly, along the arc of a curve to the right, concave to the southeast, the center of which bears South 87° 47' 14" East, 30.00 feet, through a central angle of 90° 03' 54", a distance of 47. 16 feet to a point of cusp;thence
(6) South 87° 45' 22" East, 126.23 feet to the True Point of Beginning.
Also Excepting therefrom mineral rights with right of surface entry in a manner that does not unreasonably Interfere with Grantee's development and quiet enjoyment of the property as reserved In the "Quitdaim Deed... " executed by United States of America, recorded December 15, 2004, Instrument No. 2004132661, and re-recoried February 8, 2005, Instrument No. 2005012847, Official Records, Monterey County.
PARCEL D<:
Certain real property situate in the City of Seaside, County of Monterey, State of California, being a portion of the Fort Ord Military Reservation, parcel 1, as shown on that map flled September 7, 1994, in Volume 19 Surveys, Page 1, at records of Monterey County, California, being more particularly described as follows:
Beginning at a point on the north side of a sixty foot wide road shown as Colonel Durham Road on that map filed August 25, 2003, in Volume 26 Surveys at Page 102, from which the southeast comer of Parcel "1" as shown on that map filed September 27, 1996, in Volume ZD of Surveys at Page 71, records of Monterey County, California, bears South 2° 13' 43" East, 1290.75 feet; thence leaving said road, (1) North 2° 13' 43" East, 87. 03 feet; thence,
(2) South 87° 46' 17° East, 168. 05 feet; thence
(3) South 2° 13' 43" West, 87,03 feet to a point on the north side of said road; thence, (4) along the north line of said road. South 87° 46' 17" East, 168. 05 feet to the point of beginning.
Excepting therefrom mineral rights with right of surface entry In a manner that does not unreasonably interfere with Grantee's development and quiet enjoyment of the property as reserved In the "Quitelaim Deed... " executed by United States of America, recorded December 15, 2004, Instrument No. 2004132661, and re-recorded February 8, 2005, Instrument No. 2005012847, Official Records, Monterey County.
PARCEL X;
Certain real property situate In the City of Seaside, County of Monterey, State of California, being a portion of the Fort Ord Military Reservation, Parcel 1, as shown on that map filed September 7, 1994, in Volume 19, Packet Page 252
^ T^a!page, l^rec°n^°rM°"tereyc°unty'. ca."fb.mla' bel"9 m°re particularly described as folfows:
^'nAm, ^9^p?n"nt, on e«no^^sJdS. °^a. sl^fcotwlderoads'hownasrc°to^^^^ "te»d.AuguS25_2°"'-'" ll"me. 26 surYeYsat pa.Se 102,_'from'which e7outhea'rtco'rn'ero ?UP^e'l"i'"aBsp ^.wn..mthit. map.fl^septomte[2^J-996^. i^ ^^^^^^ County, Callfbmla; bears South 2° 13' 43" East; 672.77 feet'; 'th ence TeavTng^Fd 'road" (1) North 2° 13' 43" East, 87.03 feet; thence
(2) South 87° 46' 17" East, 168.03 feet; thence
(3). Soutfl -2-13'. 43" West, &7:03 ftet to a point on the north slda-of said road; thence,. - - .- (4) along the north fine of said road. South 87» 46' 17" East, 168. 03 feet to the point of beginning. ^ep^JLe^m. mmlraLri9hts^lth. ';'ght°f_surface entr>""a man"er that does not unreasonably D"^!re^^Ti'5n^eS^Tlq^fenJ°TSrt°i Lpro^^^^^^^^ a?.", ^uted-byuntodstates °tAmerKa' recorded December 15, 2'004, 'inst'niment No. ^2!!N^^^^^^^^ KiSMi^^S^S^0^^^^'0^^
Packet Page 253
Exhibit B
Affordable Housing Ordinance
[Attached]
- ^-..-
Packet Page 254
Chapter 17.32
AFFORDABLE HOUSING REQUIREMENTS
Sections:
17.32.010 Purpose
17.32.020 Applicability
17. 32.030- BsmpUons
17. 32.040 Standards for Indusionary Units
17. 32. 050 Compliance Procedures
17.32.060 Alternatives
17.32.070 Eligibility for Occupying Indusionary Units
17. 32. 080 Owner-Oocupied Units
17. 32. 090 Rental Units
17. 32. 100 Adjustments, Waivers
17.32. 110 Enforcement
17.32.010 Purpose
The purpose of this chapter Is tD:
A. Encourage the development and availability of housing affordable to a broad range of households with varying income levels within Qty as mandated by Government code Section1 65580 et seq^; B. Offset tte demand for affordable housing created by new development, and mitigate environmental and other Impacts that aacompany new development by protecUng the'economlc diversitvofthe_clty's housin9, sto<:k' redudng traffic, b-ansit and related air quality impacts,, prpmohng jobs/housing balance, and reducing the demands placed on transportation Infrastructure in theregicm; C. Implement the policies of the Housing Element of the General Plan.
17.32.020 Applicability
^-.. ?t:!,u?o"a.lvr?quirenIe"<:'.Eac:h residential development, Indudlng a condominium conversion, shal^be; designed and constructied tu provide at least 20 percent of the total units as inclusionary units resbicted for occupancy by moderate-, low- or very low-income households. The number of indusionary units required for a particular project will be determined only once, atttie Ume of Tentative Map or Parcel Map approval, or for developments not processing a map at the time of Use ^r"?t. a?proyaj'. °r pri?r to lssu.an<?of a BUMing Permit. If a change in the subdmsion design changes the total number of units, tte number of Indusionary units required will be recalculated to coincide with the final approved project.
1. Calculation. For purposes of calculating the number of affordable units required by this ssctto"> any additional units authorized as a density bonus in compliance with Chapter 17.33 (Aflbndable Housing Incentives) will not be counted in detErmining the required number of Inclusionary units. In determining the number of whole indusionary units required, any decimal fraction less than 0. 5 shall be rounded down to the nearest whole number, and any decimal fraction of 0. 5 or more shall be rounded up to the nearest whole number. . Llmltationson occupancy. The first one-third of the required Indusionary units shall be restricted to occupancy by low-income households. The second thinJ of the indusionar/units'shall Packet Page 255
be ^restricted to oacupancy by very low-lncome households. To encourage additic u- and very low-income housing, the Council may authorize the use i equivalents:
a. Each very low-income unit is equivalent to two units affordable to moderate-income households; and
b. Each low-lncome unit is equivalent to 1.5 unfe affordable to moderate-income households.
B. Minimum requirements. The requirements of this chapter are minimum and maximum requirements, although nothing in this chapter limits the ability of a person to waive their nahts or ; than those imposed by ttiis chapter.
17.32.030 Exemptions
The requirements of this chapter do not apply to:
A --Ehe.reeonstru, <:t?°nof a structure U1at has been destroyed by fire, flood, earthquake or other act 2; provided, that reconstniction does not Increase ttie number of res'identiaru nits;~or" B. A development that already has more units that qualify as affordable to moderate-, low- and < low-income households than this chapter requires; or ' ' -----..---' C. Housing constructed by a government agency; or
D. A second unit.
17.32.040 Standards for Indusionary Units
Each indusionary unit built in compliance with this chapter shall comply wi the following standards:
*:-" LO<:abo"_of, f"clusio"aIY un.its' .Except as "therwise provided in this chapter, induslonary units shall be dispersed ttiroughout a residential development" "" ~~ ". -- --.-' .B;,:., D'es'?nLIn.c!uslonary. unlts ?ha11 te comparatile in infrastructure (including sewer, water and other ufflLt'ffi)LCO"stTuctton.quality. and exten°r desi9" to ttle market-rate unite. "InciSaonaly units' may be"' smaller in aggregate size and have different interior finishes and feahjres ttianmarket^ratE'unite'so'' las emteriwfeatures aredurat)le, of good quality and consistent wlth'contemporaiy standaixls .»new.hous'"?..The-""mber of bedrooms .shau be the same as those in the martet^rate unte^ thatjf. elrarket-rate unit5 provlde lrlore tt'an foul" bedrooms, Uie indusionary'uniis'need'noTD rovTn more than four bedrooms.
C. Timing of construction. All required Industonary units shall be constructed and occurae concurrentJy with or prior to the construction and occupancy of the assodated-market-rate~unite or M".a_^sed develoP. rnent» the indusicmary units may be constructed and occupied Tn propoltL°n. to.the, nlJmber °f unlte i.neach Phase of the residential development7provided, 'thatThelast unit in the project shall be constructed before the last maiKet-rate'unit. "'". -D"raton.of-affordability''etI. I"rement-"Each industonary unit produced in compliance mth ir shall be legally restricted to occupancy by households of the income levels' forwhrchthe u-mt-wasdesigr!ated'for a minimum of4() years from'the date of first occupancy for rental unite," and taLaJ"mLmuS. °f40, yearsfr°m the date °f ea.l:h sale ofa"y affoidableu'nit for owneroocupied unite. afiwdabilfty requirements may apply in compliance with state redeveiopment7aw'(Hea'['th' Packet Page 256
and Safety Code Section 33413(c).)
17.32.050 Compliance Procedures
*".... Ge"eral"Apprwal ofan !nclusi°"aiy housing plan and implementation of a City approved Ln^°-"?IY-h?u.sin9 a9reeme"t B a cpndibon of any Tentative Map, Parcel Map, Use Permit or Building Permit for any development for which this chapter applies". 'This secUon'does not' aDDiv to an exempt project.
-B.".,,J-nc!"slo"a'yHousi"g plan- No aPPIIratio".fora Tentetive Map, Parcel Map,. Use Permit, or Permit tu which ttiis chapter applies-shall be deemed completE until an Inausionaiv'Housina is submitted with the appllcaUon. At any time during the review process,. the City may require -l^^?_?v?l?Rer addiu.?nal infomlation reasonably necessary to darify and supplement the appliraUon or determine the consistency of the proposed Indusionary Housing Plan witti the requij-ements of this chapter. The Indusionary Housing Plan must include:
lb;u-mijocau°n'stnjcture (attached, semi-attached, or detached), whether for sale or rental, size of the proposed market-rate and indusionary units, and the basis for cafculating the number of inclusionary units;
2. A floor or site plan showing the location of the Industonary units;
3. The income levels to which each incluslonary unit will be made affordable; <"-,FOT _Ph,ased development, a phasing plan that provides for the bmdy development of the number of indusionary_unifcs proporGonate to each 'proposed phase of development as'requi'r Subsection 17. 32. 040. C (Standards for Induslonary Units - Timing of construction)^ ?;-^a!^rnauv?. m^"s desi?nated ln Subsectfon 17. 32. 060. A (Alternatives - Developer proposal) proposed for ttiedevelppment along with informaUon necessary to support ttiefindlr required by Subsection 17. 32. 060. B (Alternatives - Discretion) for approval of eaiternatlves;'and
6. Any othennfbrmation reasonably requested by the City to assist witti evaluatfon of e Dlan in compliance with the standards of this chapter.
I."dusionary Housin9 Agreement TTie Induaonary Housing Agreement shall use the form provided by the City. The contents of the agreement may vary dependingon the mannerIn which the provisions of this chapter are satisfied for a particular development. Each'IndusionarvHousir Agreement shall include, at minimum, the following:
1. Description of the development, including whether the indugonary units will ba rented or owner-occupied;
2. The number, size and location of very low-, tow- or moderate-income units;
3. Provisions and/or documents for resale restrictions, deeds of trust, nghts of first refusal or rental restrictions;
4, Provisions for monitoring the ongoing affordability of the units, and the process for qualifyir prospective resident households for income eligibility; and
5. Any additional obligations relevant to the compliance with this chapter.
Packet Page 257
DL-teCTrd'n?, ofa9reement- Each Indusionary Housing Agreement shall be I £Si§r^^StS?^5Sh
^^a^^^sw^^^^^^^^^^^
17.32.060 Alternatives
An.i,,DeOT!<ope!". JProposal:A_deve!opa' may ProP°se an alternative means of compliance in an Indusionary Housing Plan as provided in SubsecGon'17'32~'650. B"a's'fo!to°w:u' Lu"'p"a"ce'" an i^at^steJ:o^c"m1-- 'ite'T!aybe. c°".structed_off-site if the indusionaiy units Wll be Sp Uiatthe '^af!^whOT^^^ia need vaitab^Af?for£Me^^^ for such units is greater than the'need' inthearea orthe'apro'pM S'^/duoS"1 iL ^S,ddSdtartKm: -lle!J. °fblidfnginclus'°"alyunits'a devel°Per may choose to dedicate ^to^ a^te ^°LthJ mn^onan^ona^w^a^e"'^^^^e ^Sdoe£S to be ofecluivalent or 9reater-than-isp,.du-ced"tTa:pu^g?he ^» to"!lt>"u'tio""_,The^ewauthority .may accept any wmbinaUon of on-ste constnicUon. off- ^te.,consfru.d]°nl "1:"e"fiees and land dedication that at \<s'St'eqw\ e'costTm^^nTl on' °"" Ln^.aluntem !LteAswuldothemisetere^ed'by ^^
land dedication shall be determined by an appraise? appointed"^ tt^Qty.' ^ps;-^£S-ESS=S-s;""!d^"°"
^^^^^ffs^-'^ssfss^s. y" ^^s^^e^^w^^^^^^^^^^
L, ,,n1e.etentjtowhrch°ther factors. affiect the feasibility of prompt construcUon of the !'.dSlsl,onaZ^,lte°n-u11pr°perty'such as coslsa"d'deiays7the"neS'fo'ra"n"a^retedN^ite desia zoning, infrastructure, clear tide/grading and environmen'ta? review""'"' °" °ppl al;""' s"e °eslgn' 17'32"0_70_. El.'g.ibi.lltyf°r Occupying Indusionary Units ^^erJS^d!d^in-I,TC'"aOTa^ Housin9^re^rt~or^ate^
Bn,t ^"^h^SK^ind unit or purchases an includonalV
Packet Page 258
1. 2.
17.32.080 Owner-Occupied units
A^!" w.lsalesprice:_'"1e. '"itial sate.Priceofthe indusionary unit must be set so that the eliaible household will pay an affordable ownership cost.
B'^Tra"sfel"'. RerlT"'?jJS"clj°"s wi"be entered into on each cha"se of ownership, with a 40-y ,
repewltem1^^tareferrfan<^er-°cmPi^incluslma^unit'P"^i:to'ltie^^^^^ ^^epaSSeuSepr^ permKted on resale ofan indusionalv unitdesi9n^d ^ Fair market value; or
The seller's lawful purchase price, increased by the lesser of:
j a.. The rate of increase of area median Income during the seller's ownership; or ,
' b. The rate at which the consumer price index increased during the seller's ownership.
I°thes(tentautholized_in ?,ny '.ssals. restridJons or operative Indusionary Housing Agreement, sellers ma,L^w.atuTCrfsate <markrt. valuerfra ^P^emenTmai deb^
^K^K^\^^'a^^w^ anmvease^em^^^^
^,.,5ha"?el"ytle--The_fo"°wing requirement5applyintheeventofa change in circumstance, m^"^g«dea ', Tma9e'and divorce'th3t may occ"'-Prior to thee(pirafen'o?the reqjired'"""" l:-upon-u1e death of one of the °wn.ers'titte in vhe Property may transfer to tte surviw-na ioin Ltenar":in. c°mmon'or community property holder; without respect to the income'el'tai'bllit z- up°rlthedMth. °f asole owr'er °r all owners, and inheritance of the indusionary unit by a ^°"S?'dJg Lnheltee. u1erewl"be a one year "mpasston period between the Umewhen !Kfate, L5 sett!eda. nd-the ume when tf1e pr°perty must be sold tD"anhicomfreligi'bieuhwsehSd.
A-"°";e!'gLble-inheritee,may reques*.a"d the Council may waive tfiisrequirOTent"OT"the'bas1To:r'u' hardsh'^specffied bythe o°u"dL AltemaUvely, the Cou'narm ayauth'o'ri'zetheir^co'nUnueS" 1 with the unit rented at an affordable rate tn an eligible household".'
17.32. 090 Rental Units
Ah"» if"^b"^ofte"a"te'J.he°wner °f rental i"clusionary units shal[ be responsible for certifying »ei^me^f e.^rt tottlD;^rat e um °finiual'rwte7'and'a^^^ tej:°m.?et^v'wmgarce b!edrcumentebw'indud^9^"T^'sl^^ Sa?aenn^Teglttadon a ^aPPro^^^"y7a^^-that-the=
B. Selection of tenants. The owner of rental inclusionary units shall flll vacant units by either:
l\,, setecHn9i"com&diglt'Le households themsehes as long as the owner complies with the publication requirements in Subsection C of this section (Publication of availabil'ity"ofunits)"
2. Selecting incomfreligible households from the City's Section 8 Housing Choice Voucher Packet Page 259
Waiting List available from the Department.
C. Publication of availability of units. Whenever an indusionary unit becomes available, the owner shall publish notices of the availability of the Inclusionary unit in newspapers circulated widely in the GHy, including newspapers that reach minority communities. TTie notice shouid briefly explain what indusionary hcwslng is, state the applicable income requirements, indicate where applications are available, state when the application period opens and closes, and provide a telephone number for questions.^ Applications may require the name, address, and telephone number of the applicant; the number of persons to occupy the household; and any other information relevant to detsrmlne whether the .yplicant is eligible to occupy an indusionary unit. The owner shall submit proof of publication to the Cjirectsor.
D. Notification to City. Whenever an induslonary unit becomes available, the owner shall immediately notify the Director in writing.
E. Subsequent rental to income-ellglble tenant The owner of rental indusionary units shall apply; the same rental terms and conditions to tenants of indusionary units as are applied tn all other tfinants, accept as otherwise required to comply with this chapter (i.e., rent levels, occupancy restrictions, and inaome requirements) and/or government subsidy programs. Discrimination "based on subsidies received by the prospecHve tenant is prohibited.
F. Changes in tenant Income. If after moving into an indusionary unit the tenant's Income everrtually exceeds the income limit for that unit, the tenant may remain In the unit (the "original unit") as long as higher income does not exceed 140 percent of the income limit for the original unit. Once the tenanfs income exceeds 140 percent of the income limit for the original unit, the following shall apply:
1" v the tienant's income does not exceed the income limits of other indusionary units in the resldenUal development, the owner may, at the owner's option, allow the tenant to remain in the original unit at the tenant's new applicable affordable housing cost, as long as the next vacant unit Is redesignated for the same lower-income category applicable to the original unit If the owner does not want (D redesignate the next vacant unit, the tenant shall be given one year's notice to vacate Uie unit If during the year, an inclusionary unit becomes available and the tenant meets the income eligibility for ttat unit, the owner shall provide the tenant with the opportunity to submit an application for that unit.
2. If there are no units designated for a higher income category within the residential development that may be substituted for the original unit, theteriant shall be given one year's notice ID vacate the unit If wittiin that year, another unit in the residential development 'is vacated, the owner may, at the owner's option, allow the tenant to remain in Uie original unit and raise the tenant's rent to market rate and designate the newly vacated unit for the original unit at the applicable affordable housing cost. The newly vacated unit must be comparable In size (i.e., number of bedrooms, bathrooms, square footage, etc.) and location (i.e., same floor, same view, etc. ) as the original unit
17.32. 100 Adjustments, Waivers
The requirements of this chapter may be adjusted or waived in extreme cases if the developer demonstrates to the Council by the presentation of substantial evidence that applying the requirements of this chapter would take property In violation of the United States or California constitutions, A. Timing. To receive an adjustment or waiver, the developer must make a shownng when applying Packet Page 260
for a first approval for the residential development, and/or as part of any aooeal that the CHv Drovic as part of the process for the first approval.
B. Considerations. In making a determination on an application to adjust or waive the requirements of this chapter, the Council may assume each of the following when applicable:
1. That the developer is subject to the indusionary housing requirement or In-lieu fee; . e extent to which the devel°Per wiU benefit from Inclusfonary Incsntives; 3\_Thatu1 e devdoPer wil1 be obligated to provide the most economical indusionary units feasible in temteof construction, design, location and tenure; and
4. ^That the developer is likely to obtain other housing subsidies where such funds are i available.
i ~ .. .
c"_ -Dedsib" and further appeaL T1is Council, upon legal advice provided by or at the behest of the City Attorney, will detsrmine the application and issue a written decision. ?u-?!?d!????-'??^p1??"If;thecD unci1'upon legal advice provided by or at the behest of the City Attorney, determines that e application of the provisions of this chapter lacks a reasonable relationship between the impact of a proposed residential project and the requirements of this chapter, or that applying| Uie requirement of this chapter would take property in violation of the United Statesor California constitutions, the indusionary housing plan shall be modified, adjusted or waived to reduce the obligations under this chapter to the extent necessary to avoid an unconstltutionaTreult. IfUie ?^?.c!L^??i. l}esZ'oyi ola.t?on ofttl e Llnrted ??tes °rCaNfw"ia consUtutions would occur througii application of this chapter, the requirements of tfiis chapter remain applicable.
17.32.110 Enforcement:
*. penajty ft>r yfolaUon, It shall be a misdemeanor to violate any provision of this chapter. Without limiting the generality of the foregoing, it shall also be a misdemeanor for anyperwntosellorrentto another person an affbrdable unit under this chapter at a price or rent exceedingi the maximum 'allowed ^?-r,,u,Eis_^)1.'^ro^D_?dl °r rertt. a" aflwdaue ""t to a household not qualified under Uiis chapter.
ItshalMwtherbe a misdemeanor for any person tn provide false or materiallyincompT^e infomiaUon to the Qty or to a seller or lessor of an indusionary unit ID obtain occupancy of housing for which he or she is not eligible.
B. Legal action. The Qty may insb'tute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including:
1. Actions to revoke, deny or suspend any permit. Including a Building Permit, Certificate of Occupancy, or discretionary approval;
?.i__??io_r!. s.t°_reo°'re. r from a.r?y.vi°!ator °f thls. <:haPter civil flnes, restitution to prevent unjust enrichment from a violation of this chapter, and/or enfbreement costs, including attorneys fees;
3. Eviction or foreclosure; and
4- ,Anyother'aPPr°priate adfon fbr injunctjye relief or damages. Failure of any official or agency to fulfill the requirements of ttiis chapter shall not excuse any person, owner, household orrther party from the requirements of this chapter.
Packet Page 261
Exhibit C
Number, Location and Distribution of
Affordable Units Number of Affordable Units
Packet Page 262
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Packet Page 263
^Xf.XBI-J
Sample Sales Price Caiculation for a Two-Sedroom E ledian Incoms Unit TTie Maximum Allowable Sales Price for Affordable "For Sale" Units shall be calculated using the procedures and formulas described below and in California Health and Safety Code Section 50052. 5. Income limits for the target affordabllity level shall be as identified by the California Housing and Community Development Department-for Monterey County as adjusted for affordability level and household size. The prevailing interest rate used In these calculations shall be determined by the City in Its reasonable discretion, based on available interest rates from residential mortgage lenders active In Monterey County, for a fully amortizing fixed-rate 30-year mortgage loan. , 1. Determine the annual Seaside Median Income Umit for a household size that is one person larger than the number of bedrooms in the affordable unit;
2. Multiply the income limit determined in the previous step by thirty percent (30%) to obtain an annual housing allowance of thirty percent (30%) of income;
3. Divide the annual housing allowance determined In the previous step by twelve (12) to determine the monthly housing allowance;
4. Using a standard amortization table or formula, calculate the loan amount that can be repaid over thirty (30) years with equal monthly payments equal to the monthly housing allowance using the prevailing interest rate for thirty C30) years, and assuming a fully amortlzed fixed rate mortgage; and
5. Divide the loan amount calculated in the previous step by . 95 to determine the Maximum Allowable Sales Price assuming a five percent (5%) down payment.
The following calculations are for a two-bedroom unit that is affordable at the Median Income Level based on the Income Limits adopted by the State Housing and Community Development for 2019 (which are revised annually), and the Prevailing Interest Rate adopted by the City Manager on [DATE].
Step I Median Income Limit for a 3 person household $66,700 Step 2 30% of the Income Limit determined in Step I $20,010 Step 3 One twelfth of the amount calculated in Step 2 $1667. 50 Step 4 Amount that can be financed with payment calculated in Step 3 with a 30 year flxed-rate loan at a % interest rate (the adopted rate)
$
Step 5 Loan amount in Step 4 divided by 95% $
Packet Page 264
TheMax!mum. AII°wable sales price Calculation for resales by individual home ^'^^^abi^^^h1^^^^ S^e Packet Page 265
Sample Rental Price Calculation for a Two-Bedroom Median Income Unit The Maximum Allowable Rental for Affordable Units shall be calculated using the procedures and formulas described below and In the California Health and Safety Code Chapter 50052. 5 and 50053; provided, however, in the case of Affordable "For-Rent" Units that are financed with law-income housing tax credits under Section 42 of the Internal Revenue Code F'Tax Credits"), as administered pursuant to the regulations of the California Tax Credit Allocation Committee fCTCAC"), then the Maximum Allowable Rental for such Affordable Units shall be calculated using the procedures and formulas described in the CTCAC. regulations and documents In lieu of California Health and Safety Code Chapter 50052.5 and 50053, and the procedures and formulas set forth below shall tre updated accordingly.
I.
6. 7.
Determine the annual Seaside Income Limit for the target level of affordability for a household size that is one person larger than the number of bedrooms In the affordable unit;
Multiply the income limit determined in the previous step by thirty percent (30%) to obtain an annual housing allowance of thirty percent (30%) of income;
Divide the annual housing allowance determined in the previous step by twelve (12) to determine the monthly housing allowance; The following calculations are for a two-bedroom unit that is affordable at the Median Income Level based on the Income Limits adopted in 2019 by the State Housing and Community Department.
Step I Median Income Limit for a 3 person household $66,700 Step 2 30% of the Income Limit determined in Step I $20,010 Step3 One twelfth of the amount calculated In Step 2 $1,667.5 Packet Page 266
Schibit E
Form of Resale
Agreement
Complimentary Recording Requested
Pursuant To Government Code
Section 6103 and 27383
When Recorded Mail To:
City of Seaside
440 Harcpurt Avenue
Seaside, CA 93955 .
Attn: Affordable Housing
Program
BUYER'S OCCUPANCY AND RESALE
AGREEMENT WITH OPTION TO
PURCHASE
CITY OF SEASIDE INCLUSIONARY HOUSING PROGRAM
Owner:
Development: «SubdivIsion»
Income Category of Home:
Address of Home:
APN:
Number of Bad rooms:
Sales Price: .Original
(the , Th. ls_Buyerls 9CCU.Pancyand Resals Agreement with Option to Purchase 'Agreement") Is entered Into as on ,2n_, by and'between'the CIty-of seasLde' a MuniciPal Corporation, and the Cityof'Se'aside in'ite' capacity's Successor fbr Housing Functions of its dissolved Agency (the "City") and----(the "Owner").
Packet Page 267
RECITALS
A. Pursuant to Chapter 17.32 of the Seaside Municipal Code, a portion of all new housing constructed in the City of Seaside is required to be affordable for median to above moderate Income households.
B. «Developer_Name» (the "Developer") entered into an Affordable Housing Agreement dated «AHO_Agreement_ Date*. Pursuant to the Affordable Housing Agreement, the Developer agreed to sell . - - *Number_of_units» homes to very low, low moderate, or moderate Income households at affordable prices (the "Affordable Units").
C. Owner intends to purchase the property located at in the City of Seaside, and more particularly described In Exhibit A attached hereto and .
incorporated herein (the "Home"). The Home is one of the Affordable Units.
The Home has been designated by the City and the Developer as an unit.
D. Pursuant to the Affordable Housing Ordinance and the Affordable Housing Agreement, the Developer and the City are required to ensure the continued affordabllity of the Home as an Affordable Unit, and the City therefore requires the Owner to execute this Agreement as a condition of the Owner's purchase of the Home. The Owner has agreed to execute and comply with this Agreement in consideration of the Developer's agreement to sell the Home to the Owner at an affordable price, which is below the fair market value of the Home.
E. The purpose of this Agreement is to place resale controls on the Home and to require the payment of any excess proceeds of sale to the City.
This Agreement also provides the City an option to purchase the Home at a restricted price, given in consideration of the economic benefits to the Owner resulting from purchase of the Home at a below market price under the City's Affordable Housing Program.
F. The Owner is receiving a first mortgage loan (the "First Mortgage Loan") from (the "First Lender"). The First Mortgage Loan is secured by a deed of trust executed by the Owner in favor of First Lender and recorded In the County of Monterey (the "First Mortgage Deed of Trust").
G. This Agreement shall be secured by a deed of trust on the Home (the "City Deed of Trust"). This Agreement and the City Deed of Trust shall be subordinate to the lien of the First Mortgage Deed of Trust.
NOW, THEREFORE, in consideration of the benefits received by the Owner and the City hereunder, the Owner and the City agree, as follows:
Packet Page 268
L QEEUMmONS
The following terms are specially defined for this Agreement and their definitions can be found in the sections indicated below:
A. "Affordable Housing Requirement" - Recital A
B. "Agreement" - First sentence of the Agreement on page I C. "Affordable Price" - Section 10B
D. "City" - First sentence of the Agreement on page 1
E. "City Deed of Tmst" - Recital G
F. "City Option" - Section 12A
G. "City Option Price" - Section 12B
H. "Eligible Purchaser" - Section 11B
I. "Excess Sales Proceeds" - Section 14
J. "Unrestricted Fair Market Value" - Section 10C
K. "Rrst City Response Notice" - Section 8
L. "First Lender" - Recital F
M. "First Mortgage Deed of Trust" - Recital F
N. "First Mortgage Loan" - Recital F
0. "Home" - Recital C and Section 2
P. "Housing Price Index" - Section 10A
Q. "Indexed Value" - Section 10A
R. "Market Purchaser" - Section 14
S. "Marketing Period" - Section 11A
T. "Maximum Allowable Sales Price" - Section 10
U. "Owner" - First sentence of the Agreement on Page 1
V. "Owner's Notice of Failure to Locate Eligible Purchaser" Section 11E Packet Page 269
2. W. "Owner's Notice of Intent to Sell" - Section 7
X. "Second City Response Notice" - Section 1 IE
Y. "Transfer" - Section 6
.QESCRTPTTON OF PRQEEKD'
This Agreement concerns the real property in the City of Seaside, State of California with the street address set forth on page 1 of this Agreement, which is more fully described In Exhibit A attached ;hereto and incorporated in this Agreement by reference (the "Home"), ;3. OWNER CERTtFtCATIONS: OWNER OCCUPANCy REOUIREMHU;
The Owner certifies that the financial and other information previously provided in order to qualify to purchase the Home is true and correct as of the date first written above. The Owner shall occupy the Home as the Owner's principal place of residence. The Owner shall be considered as occupying the Home if the Owner is living in the unit for at least ten (10) monthsout of each calendar year. The Owner shall provide an annual written certification to the City that the Owner is occupying the Home as his or her principal place of residence.
4. LEASING OF HOME
The Owner shall not lease the Home to another party. Any lease in violation of this Agreement is prohibited, and shall be a default under this Agreement and the City Deed of Trust.
5. MAINTENANCE AND INSUR^NCE.R.EOlJIRgH.RUIS
A. The Owner shall maintain the Home, including
landscaping, in good repair and in a neat, clean and orderly condition and will not commit waste or permit deterioration of the Home.
B. The Owner shall maintain a standard all risk property insurance policy equal to the replacement value of the Home (adjusted every five (5) years by appraisal, if requested by City), naming the City as an additional insured. Additional insurance requirements are set forth in Section 5 of the City Deed ofTrust.
6. RESTRICTIONS ON RESA1 E_QEJU&BQM.E
Any Transfer of the Home will be subject to the provisions of this Agreement including, without limitation, the City Option described in Section 12 below. "Transfer" means any sale, assignment or transfer, voluntary or involuntary, of any interest In the Home, Packet Page 270
ncluding, but not limited to, a ree simple interest, a joint tenancy Interest, a life estate a leasehold interest, or an interest evidenced by a land contract by which possession of the Home is transferred and Owner retains title. Any Transfer without satisfaction of the provisions of this Agreement is prohibited. Transfers by devise or inheritance to an existing spouse or domestic partner, or a spouse, as part of a dissolution proceeding, or In connection with marriage shall not be considered a Transfer for the purposes of this Agreement.
7. lilQITCE.QE INTENP&D TRANSFER- PREPARATION np UQJSlfi^QB^^ ^ A. In the event the Owner Intends to Transfer or vacate the , Home, the Owner shall promptly give the City written notice of such ; intent (the "Owner's Notice of Intent to Sell"). The Owner's Notice of iIr1tentto sellsha11 be sentto the city by certified mail, return receipt : requested at the address provided in Section 31 of this Agreement.
The Owner's Notice of Intent to Sell shall include the information necessary for the City to determine the Maximum Allowable Sales Price of the Home, including the following information:
(I) the address of the Property;
(2) the date of purchase of the Home by the Owner;
(3) the purchase price of the Home paid by the Owner at the time of his/her
purchase;
(4) a copy of the HUD-1 Settlement Statement or
equivalent document from the close of escrow on the Owner's purchase of the Home;
(5) the date on which Owner intends to vacate Home:
(6) the date Home will be placed on the market; and
(7) the name and phone number of the
person to contact to schedule inspection of the Home by the City.
B. Following delivery to the City of the Owner's Notice of Intent to Sell, the Owner shall prepare the Home for sale, as follows:
(I) within thirty (30) days of delivery of the Owner's
Notice of Intent to Sell, the Owner shall obtain and deliver to the City a current written report of Inspection of the Home by a licensed structural pest control operator;
(2) within the sooner of (a) XXXX (##) days from the
Packet Page 271
date of delivery of the Owner's Notice of Intent to Sell, or (b) prior to close of escrow on the Transfer, the Owner shall repair all damage noted in the pest report including damage caused by infestation or infection by wood-destroylng pests;
(3) within XXX (##) business days of the date of the
Owner's Notice of Intent to Sell, the Owner shall allow the City, or its designee, to inspect the Home to determine its physical condition; (4) if the Home is vacant, the Owner shall maintain
utility connections until the close of escrow on the Transfer;
8. CnY RESPONSE TO OWNER'S NOTICE OF INTENT TO SELL
The City shall: respond in writing (the "First City Response Notice") to the Owner's Notice of Intent to Sell within XXX (##) : business days of City receipt of a complete Owner's Notice of Intent to Sell that includes all Information required under Section 7 above and access to inspect the Home as required under Section XX (#)(#) above. The First City Response Notice shall inform the Owner of the following information: (1) the maximum qualifying income for an Eligible Purchaser; (2) the certifications required of an Eligible Purchaser; and (3) the Maximum Allowable Sales Price the Owner may receive for the Home, calculated by the City pursuant to Section 10 below.
9. OWNFR ACKNOWLED_SM£N]:_O. E .'~TI3LBE5EQ&1'5F NOTTCF.
No later than seven (7) days following the date of the First City Response Notice, the Owner shall acknowledge in writing to the City that he/she has received the City Response Notice and still intends to Transfer the Home.
10. RETRBMTKATJONQEMAXTyUMAI .^5&1ES.
£&TQimB BROBLOEn-SS! 5
If the Owner sells to an Eligible Purchaser, the maximum sales price (the "Maximum Allowable Sales Price") that the Owner shall receive from the Eligible Purchaser for purchase of the Home shall be the greater of the Indexed Value or the Affordable Price, but in no event greater than the Unrestricted Fair Market Value.
A. Indexed Value. The Indexed Value of the Home means
the sales price of the Home at the time of purchase by the Owner, as set forth on page 1 of this Agreement, Increased by fifty percent (50%) of the annual percentage of increased value in the Housing Price Index from the date of the original purchase of the Home by the Owner to the date of receipt by the City of the Owner's Notice of Intent to Transfer, and, where applicable, adjusted pursuant to Packet Page 272
subsec±ion (2) Below to reriect the cost of deferred maintenance. "Housing Price Index" shall mean the Seaside Metropolitan Statistical Area Housing Price Index as published from time to time by the office of Federal Housing Enterprise Oversight or, If such index is no longer published, a comparable index designated by the City of Seaside.
B. Affordable Price. The Affordable Price of the Home
-means the .affordable price for a Very Low Income Home, Low , Income Home, or Moderate Income Home, (as applicable, pursuant : to the designation of the Home on page 1 of this Agreement), ' pursuant to Section Section 50093 of the California Health and . Safety Code.
, C. Unrestricted Fair Market Value. In certain circumstances ' it may be necessary to determine the fair market value of the Home (the "Unrestricted Fair Market Value"). These circumstances include:
(1) where the parties wish to determine if the Maximum Allowable Sales Price exceeds the Unrestricted Fair Market Value in order to determine the Maximum Allowable Sales Price pursuant to Section 10; (2) where the Owner is selling the Home to a Market Purchaser at an unrestricted price pursuant to Section 13: and f 31 where the Owner wishes to refinance the First Mortgage Loan as described in Section 24 below. If it is necessary to determine the Unrestricted Fair Market Value of the Home, it shall be determined by a certified MAI or other qualified real estate appraiser approved in advance by the City. If possible, the appraisal shall be based upon the sales prices of comparable properties sold In the market area during the preceding three (3)-month period. Nothing in this section shall preclude the Owner and the City from establishing the Unrestricted Fair Market Value of the Home by mutual agreement in lieu of an appraisal pursuant to this section.
D. Holdback far Damage Repair Cost. If the City finds
that the Owner, through neglect, abuse, or lack of adequate maintenance, has damaged the Home, the City may require that repairs be made at the Owner's cost prior to sale or through the escrow for the sale of the Home.
JJ > SALE-aEJlQMEJSLEUSIB! &£URCHASER AT RESTRICTED PRICE Following receipt of the First City Response Notice notifying the Owner of the Maximum Allowable Sales Price, the Owner'may proceed to sell the Home in compliance with the following requirements:
A. Marketing Period- The Owner shall have two hundred
forty-five (245) days from the date of the First City Response Notice (the "Marketing Period") to market the Home and find an Eligible Purchaser. During the Marketing Period, the Owner shall use bona Packet Page 273
fide good faith efforts to sell the Home to an Eligible Purchaser in compliance with this Section 11, including listing the Home on the Multiple Listing Service, keeping the Home in an orderly condition, making the Home available to show to agents and prospective buyers, and providing buyers with Eligible Purchaser requirements, including income qualifications and the City's form of disclosure statement summarizing the terms of the buyer's resale agreement. A proposed purchaser ("Proposed Purchaser"), who the Owner believes will quaHfy as-an -Eligible Purchaser, shall be referred to the City for an eligibility determination.
B. Eligible Purchaser. A Proposed Purchasershall qualify as an "Eligible Purchaser" if he or she meets the following requirements, as determined by the City:
(2) Intent to Owner Occupy. The Proposed Purchaser
shall certify that hear she will occupy the Home as his or her principal place of residence throughout his or her ownership. (2) Agreement to Sign Buyer's Resale Agreement and
to Cooperate with City. The Proposed Purchaser shall agree to sign a buyer's resale and occupancy agreement with option to purchase restricting future resale of the Home and shall agree to cooperate fully with the City in promptly providing all information requested by the City to assist the City in monitoring the Proposed Purchaser's compliance with the buyer's resale and occupancy agreement with option to purchase.
(3) Income Eligibility. The combined maximum income
for all household members of the Proposed Purchaser shall not exceed the income level designated by the City in the First City Response Notice.
C. Maximum Allowable Sales Price and Closing CQ§]g. The purchase price for the sale of the Home by the Owner to the Eligible Purchaser shall not exceed the Maximum Allowable Sales Price calculated by the City pursuant to Section 17. 33.070 (B) of the Affordable Housing Ordinance and Section 10 above, as set forth in the First City Response Notice. The Maximum Allowable Sales Price shall not include closing costs paid by the Eligible Purchaser. The dosing costs paid by the Eligible Purchaser shall not exceed reasonable and customary buyers' closing costs in the County of Monterey.
D. pisdosure and Submittals. The Owner and the Proposed Purchaser shall provide the following information and documents to the City:
Packet Page 274
(2) The name, address and telephone number In
writing of the Proposed Purchaser.
(3) A signed financial statement of the Proposed
Purchaser in a form acceptable to the City and any other supporting documentation requested by the City. The financial Information shall be used by the City to determine the income eligibility of the Proposed Purchaser. -.
1 :
(4) The proposed sales contract and all other
; related documents which shall set forth all the terms of the sale of the Home. Said documents shall include at least thefollowing , terms: (a) the sales price; and (b) the price to be paid by the . Proposed Purchaser for the Owner's personal property, if any, :for the services of the Owner, If any, and any credits, allowances or other consideration, if any.
(5) A written certification, from the Owner and the
Proposed Purchaser in a form acceptable to the City that the sale shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by the City. The certification shall also provide that the Proposed Purchaser or any other party has nqt paid and will not pay to the Owner, and the Owner has not received and will not receive from the Proposed Purchaser or any other party, money or other consideration. Including personal property, in addition to what is set forth in the sales contract and documents submitted to the City. The written certification shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certification submitted to the City, the City shall have the right to foreclose on the Home or file an action at law or in equity as may be appropriate. In any event, any costs, liabilities or obligations incurred by the Owner and the Proposed Purchaser for the return of any moneys paid or received in violation of this Agreement or for any of the Owner's and/or the Proposed Purchaser's costs and legal expenses, shall be borne by the Owner and/orthe Proposed Purchaser and they shall hold the City and its designee harmless and reimburse the City's and its desjgnee's expenses, legal fees and costs for any action they reasonably take in good faith in enforcing the terms of this Agreement.
(6) An executed buyer's resale and occupancy
agreement and option to purchase and an executed deed of trust from the Proposed Purchaser in forms provided by the City. The recordation of the new deed of trust and buyer's resale and occupancy agreement and option to purchase shall be a condition of the City's approval of the proposed sale.
Packet Page 275
(7) I ne name of ttie title company escrow holder for
the sale of the Home, the escrow number, and name, address, and phone number of the escrow officer.
(8) Upon the close of the proposed sale, certified
copies of the recorded City deed of trust and buyer's resale agreement, a copy of the final sales contract, settlement statement, '-escrow instructions, and any-other documents which the City may , reasonably request.
E. Failure To Locate Eliptble Purchaser: Notice to Citv. If, j despite bona fide good faith marketing efforts, the Owner is unable to . locate an Eligible Purchaser during the Marketing Period and any , extensions to the Marketing Period granted by the City, the Owner shall provide written notice to the City of this fact (the "Owner's Notice of Failure to Locate Eligible Purchaser"). Within thirty (30) days of receipt of the Owner's Notice of Failure to Locate Eligible Purchaser, the City shall provide a second response notice to the Owner (the "Second City Response Notice") stating either (1) that the City will exercise the City Option to purchase the Home pursuant to Section 12 below, or (2) that the Owner may Transfer the Home to a person of the Owner's choosing (a "Market Purchaser") who is not an Eligible Purchaser, at an unrestricted price (supported by an MAI or other qualified appraisal), but shall pay all Excess Sales Proceeds to the City as set forth in Section 13 below.
12. CITV PURCHASE OPTION
A. Eyerdse of Ootion. If the Owner falls to sell the Home to an Eligible Purchaser at or below the Maximum Allowable Sales Price, the City shall then have the option to purchase the Home (the "City Option") for the City Option Purchase Price, as defined below. The City Option may be exercised by the City In the Second City Response Notice (as described fn Section 11E above), to be sent by the City to the Owner within thirty (30) days of receipt of the Owner's Notice of Failure to Locate Eligible Purchaser. If the Second City Response Notice states that the City will exercise the City Option, the City shall purchase the Home within seventy-five (75) days of the date of the Second City Response Notice. The City may, instead of purchasing the Home itself, assign Its right to purchase the Home pursuant to the City Option to another public agency, a nonprofit corporation, or to an Eligible Purchaser. In the event of exercise of the City Option and purchase of the Home by the City or Its designee, the Owner shall permit a final walk-through of the Home by the City in the final three (3) days prior to close of escrow on the Transfer.
B. City Ootion Price. If the City exercises the City Option, the purchase price to be paid by the City (the "City Option Purchase Packet Page 276
Price") shall be the highest of the following; (1) the outstanding principal balance of the First Mortgage Loan; (2) the total of the outstanding principal balance of the First Mortgage Loan and any purchase money second mortgage loan provided by a governmental body; or (3) the appraised value of the Home with the affordability cov6nants intact, as determined by an appraiser selected by the City and approved by the Owner, and who employs standard appraisal practices.
13. UNRESTRICTED SAI FS
If the Second. City Response Notice states that the City will not exercise the City Option and that the Owner may proceed to'Transfer the Home to a person of the Owner's choosing (a "Market Purchaser") who is not an EligiblePurchaser, at an unrestricted price (supported by an MAI or other qualified appraisal), the Owner may proceed to do : so, but the Owner shall pay all Excess Sales Proceeds to'the City as" set forth in Section 14 below. If the Owner Transfers the Home pursuant to this Section 13, the purchaser shall not be required to execute a buyer's resale and occupancy agreement with option to purchase, and the City shall reconvey the liens of this Agreement and the City Deed of Trust from the Home, provided that the Owner paysthe Excess Sales Proceeds to the City pursuant to Section 14 below.
The Owner shall provide the City with the following documentation associated with such a Transfer:
(1) The name and address of the purchaser;
(2) The final sales contract and all other related
documents, which shall set forth all the terms of the sale of the Home. Said documents shall include at least the following terms:
(a) the sales price; and (b) the price to be paid by the Market Purchaser for the Owner's personal property, if any, for the services of the Owner, if any, and any credits, allowances or other consideration, if any.
(3) A written certification, from the Owner and the
Market purchassr In a form acceptable to the City that the sale shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by the City. The certification shall also provide that the Market Purchaser or any other party has not paid and will not pay to the Owner, and the Owner has not received and will not receive from the Market Purchaser or any otherparty, money or other consideration, Including personal property, in addition to what is set forth in the sales_ contract and documents submitted to the City. The written certification shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or Packet Page 277
certification submitted to the City, the City shall have the right to foreclose on the Home or file an action at law or in equity as may be appropriate. In any event, any costs, liabilities or obligations incurred by the Owner and the Market Purchaser for the return of any moneys paid or received in violation of this Agreement or for any costs and legal expenses, shall be borne by the Owner and/or the Market Purchaser and they shall hold the City and its designee harmless and reimburse their expenses, legal fees and costs for any action they reasonably take in good faith in enfordrrg the terms of this Agreement.
(4) A copy of the MAI or other qualified appraisal for the Home. (5) Upon the close of the proposed sale, a copy of the
; final sales contract, settlement statement, escrow Instructions, and any other documents that the City may reasonably request.
14. £AYM RNT TQ-CITY OF EXC-FSS SALES PROrFFn<i
If the Owner Transfers the Home at an unrestricted price pursuant to Section 13 above, or If the Owner makes a Transfer in violation of this Agreement, the Owner shall pay the Excess Sales Proceeds to the City. For purposes of this Agreement, "Excess Sales Proceeds" shall mean ninety percent (90%) of the amount by which the Unrestricted Fair Market Value for the Home exceeds the" Maximum Allowable Sales Price for the Home (in the amount that was stated in the First City Response Notice). This amount shall be a debt of the Owner to the City, secured by the City Deed of Trust, The Owner acknowledges that the City shall have no obligation to cause reconveyance of this Agreement or of the City Deed of Trust until the Excess Sales Proceeds are paid to the City. The City shall utilize the Excess Sales Proceeds for City affordable housing programs. The Owner and the City acknowledge that the formula for calculation of the amount of Excess Sales Proceeds due from the Owner to the City is intended to cause the Owner to receive the same net sales proceeds (following payment by Owner of a standard broker's commission) from sale of the Home at an unrestricted price to an Market Purchaser as the Owner would receive from sale of the Home to the City or to an Eligible Purchaser at the Maximum Allowable Sales Price.
15. DEFAULTS
A. The following events shall constitute a Default
by the Owner under this Agreement:
(2) The City determines that the Owner has made
a misrepresentation to obtain the benefits of purchase of the Packet Page 278
Home or in connection with its obligations under this
Agreement;
(2) The Owner fails to owner occupy the home, as
required pursuant to Section 3 above, and such failure continues following written notice by the City and Sixty (60) days opportunity to cure following the date of such notice.
(3) The Owner makes a Transfer In violation of this Agreement; (4) The Owner otherwise falls to comply with the
requirements of this Agreement and such violation is not corrected to the satisfaction of the City within Ninety (90) days after the date ' of written notice by the City to the Owner of such violation; or ' ' (5) A notice of default is issued under First Mortgage : Loan or other financing secured by the Home.
(6) A lien is recorded against the Home other than the lien of a bona fide mortgage loan.
(7) Owner places a mortgage on the Home in violation of Section 24 below.
B. Upon a declaration of Default by the City under this Agreement, the City may exercise any remedies at law or in equity, including without limitation, any or all of the following:
(1) Declare all Excess Sales Proceeds immediately
due and payable without further demand and invoke the power of sale under the City Deed ofTmst;
(2) Apply to a court of competent Jurisdiction for
such relief at law or in equity as may be appropriate;
(3) Declare a Default under the City Deed of
Trust and pursue all City remedies under the City Deed of Tmst; and
(4) Exercise the City Purchase Option Upon Default as described In Section
17 below.
16. .NflTJCF OF DEf&UU.ANfiJ'ORECLOSyEE
A request for notice of default and any notice of sale under any deed of trust or mortgage with power of sale encumbering the Home shall be recorded by the City in the Office of the Recorder of the Packet Page 279
County of Monterey for the benefit of the City. The City may declare a Default under this Agreement upon receipt of any notice given to the City pursuant to Civil Code Section 2924b, and may exercise its rights as provided in Sections 15 and 17.
In the event of default and foreclosure, the City shall have the same right as the Owner to cure defaults and redeem the Home prior to the foreclosure sale. Nothing herein shall be construed as creating any obligation of tha City to cure any such default, nor shall this right ;to cure and redeem operate to extend any time limitations in the default provisions of the underlying deed of trust or mortgage.
If the City failed to file the request for notice of default, the . City's right to purchase the Home shall commence from the date a I notice of default is given by the City to the Owner
17. EUB-CyASE 0-mo-N U£EMJREE&U1 T.
Notwithstanding, and in addition to, the remedies provided the City in Section 16, and the City Option provided to the City in Section 12, the Owner hereby grants to the City the option to' purchase the Home following written notice by the City to the Owner of the declaration of a Default by the City under this Agreement. This option to purchase is given In consideration of the economic benefits received by the Owner resulting from ownership of the Home made possible by the City's Affordable Housing Program.
The City shall have Forty-flve (45) days after a Default is declared to notify the Owner and the First Lender of its decision to exercise its option to purchase under this Section 17. 33. 110. Not later than Ninety (90) days after the notice is given by the City to the Owner of the City's Intent to exercise its option under this Section 17, the City shall purchase the Home for the City Option prlce' payable in cash or bY assuming existing debt and paying the balance in cash, calculated in the manner set forth in Section 12B.
18. NQMUABILITY OF TH F FTTV
A. U"_cy.lla!iHRn-Efl.E:JSRm&(>JTiiyfia. The City shall have no obligation to exercise any option granted it under this Agreement. In no event shall the City become in any way liable or obligated to the Owner or any successor-in-interest to the Owner by reason of Its option to purchase under Sections 12 and 17 nor shall the City be in any way obligated or liable to the Owner or any successor-ln-interest to the Owner for any failure to exercise its option to purchase.
Packet Page 280
B; ^ Non-liahilirv f"r Npnlipen^p. I ne^^ or Daman» Owner acknowledges, understands and agrees that the relati-onshk between Owner and the City is solely thatofan'owner'and'M administrator of a City affordable housing program', and"tha"t'the not undertake or assume any responsibility for on
: ow-ner t°. select'/eview' "1SPect' supervise, passj'udgment'on, .^rlnform_owner of the quality, adequacy or suitability'irf the''"" Home oranyctfierfnatt'er. the City'owe's no duty'of'ca'reto*' ; protect Owner against negligent, faulty. Inadequate or defective or construction or any condition of the Home and Owner
; agrees that^neither Owner, or Owner's heirs, successors'or ' ass'9rL"ha".ever daim'have °r asset any "Sht or actlQnagainst ' "'e.city_f°r any loss' <:fama9e <". other matter arlsing'outof'o'r" ; resulting from any condition of the Home and will' hold the CIt 'harmless from any liability, loss or damage for these things C ^ Inriemnity, Owner agrees to defend, indemnify, and
the City harmless from all losses, damages', liabilities', ciaJm.s'-arti°ns'_Judgme"ts' costs' and reasonabie'attorneys fees :the city may '"CL"'as a (:firect or 'ndirect consequence of:
r's. default, performance, or failure to perform any'
obNgations as_and when required by this Agreement'or'the Deed t; or (2) the failure at any time of any of Owner's
representations to the City to be true and correct.
19. BESIBIEILOJMS ON FOBECJ-QSUfiE^BQCEERS
-If. acre<tit°racquires tltle to the Home through a deed in lieu of foredosure^trustee's deed upon sale, or otherwise; the'Owner'^aII not be entitled to the proceeds of sale to theextent'thats^ch" proceeds otherwise payable to the Owner when added to the" proceeds paid or credited to the creditor exceed the "Maximum Allowable_sales price- The Owner shall instruct-the"hoider"o?'s'uch excess-pro.ceedst:o Pay such Proceeds to the City in consideration of theben, eflls. rec:ewecl ^ the owner thr°"Sh purehaseof'the'Ho'me * under the City's Affordable Housing Ordinance.
20. &F.gBJ£ILQ£iLQ)\LJtstSUBA6LCF. PRncFFr)s
..Ifthe_H°me isdama9ed or destroyed and the Owner elects not to rebuild or repair the Home, the Owner shall pay'the'City the*" portion of any insurance proceeds received by the Owner'forsuch or damage that is In excess of the Maximum Allowable
calculated pursuant to Section 10 above.
21. JFRM OF.Afil^FFMFMT
Packet Page 281
All the provisions of this Agreement, including the benefits and burdens, run with the Home and this Agreement shall bind, and the benefit hereof shall inure to, the Owner, his or her heirs, legal representatives, executors, successors in interest and assigns, and to the City and its successors, until the earlier of (I) forty-five (45) years from the date of purchase of the Home by Owner, or (ii) the date of ransfer °f the Home to the city or another purchaser in compliance with this Agreement.
22. SUPERIORIT/ OFARRPFMFNT
The Owner covenants that he or she has not, and will not, . execute any other agreement with provisions contradictory to or in opposition to the provisions hereof, and that, in any event, this . Agreement is controlling as to the rights and obligations between and among the Owner, the City and their respective successors.
23. SUBORDINATFDM
Notwithstanding any provision herein, this Agreement shall not diminish or affect the rights of the First Lender under the First Lender Deed ofTnjst or any subsequent First Lender deeds oftnjst hereafter recorded against the Home in compliance with Section 24 of this Agreement.
Notwithstanding any other provision hereof, the provisions of this Agreement and the City Deed of Trust shall be subordinate to the lien of the First Lender Deed of Trust and shall not impair the rights of the First Lender, or such lender's assignee or successor in interest, to exercise its remedies under the First Lender Deed of Tmst in the event of default under the First Lender Deed of Trust by the Owner.
Such remedies under the First Lender Deed of Trust include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure. After such foreclosure or acceptance of a deed in lieu of foreclosure, this Agreement and the City Deed of Trust shall be forever terminated and shall have no further efTect as to the Home or any transferee thereafter; provided, however, if the holder of such First Lender Deed of Trust acquires title to the Home pursuant to a deed or assignment in lieu of foreclosure, this Agreement and the City Deed of Trust shall automatically terminate upon such acquisition of title, only if (i) the City has been given written notice of default under such First Lender Deed of Tmst with a sixty (60)-day cure period and (ii) the City shall not have cured the default within such sixty (60)-day period or commenced to cure and given its firm commitment to complete the cure in form and substance acceptable to the First Lender, or (iii) the City shall not have exercised Its' option to purchase the Home pursuant to Section 17 above within such sixty (60)-day period and then proceeded diligently to cure the default within sixty (60) days of acquiring title to the Home.
Packet Page 282
24. REFINANCE OF FIRST MORTRAGR (LOAN: FURTHER.
ENCUMBRANCE OF HOME
A. The Owner must secure the City's approval in
accordance with this Section 24 before the Owner refinances their existing First Mortgage Loan with a new First Mortgage Loan. If the Owner desires to refinance their existing First Mortgage Loan and record a new First Mortgage Deed of Tmst, the Owner must first - submit a written request to the City, which the City will promptly consider. The City will approve the Owner's refinancing request only if ati of the following are true:
(1) the new First Mortgage Loan principal balance
will not exceed the greater of (a) the thencurrent principal balance of the existing First Mortgage Loan, or (b) ninety-five percent (95%)
of the Indexed Value of the Home, determined
In accordance with Section 10A above;
(2) the Owner's total monthly debt service
(inclusive of principal, interest, taxes and
insurance) with respect to the new First
Mortgage Loan will not exceed the Owner's
current monthly debt service with respect to the
existing First Mortgage Loan;
(3) the terms of the new First Mortgage Loan do not
allow for negative amortization, the principal
balance of the new First Mortgage Loan will be
fully amortized over Its term, and the new First
Mortgage Loan repayment schedule will not
include lump sum or "balloon" payments;
(4) the Owner's total monthly recurring debt
payments (e. g., auto loans, credit cards,
revolving and non-revolving credit), including
the monthly debt service (inclusive of principal,
interest, taxes and insurance) related to the
new First Mortgage Loan, will not exceed fifty
percent (50%) of the Owner's gross monthly
income; and
(5) the Owner's total monthly obligations with
respect to debt which is secured by the Home,
including the monthly debt service (inclusive of
principal, interest, taxes and insurance) related
to the new First Mortgage Loan, will not exceed
Packet Page 283
(6)
(7)
(8)
mty..peTCent (50%) °f the Owner's gross
income.
The Owner will be responsible for demonstratir
to the City^s sole but reasonable satisfaction'tha?
new First Mortgage Loan will satisfy all of
c°"ditlons described in paragraph A. (l)*-
(5) above and/or the City's current Affordable
Ordinance; The Owner will provide'the
City^wlth the documents and other information
needed to establish the matters set-forth~'in
paragraph_ A.^ (l) - (5) above and/or AfFordabie
Housing Ordinance. If the City approves~the
Owner's^ request, the City will execute' and
the instruments reasonably required'
the new First Mortgage Lender to subordinate
this Agreement and the City Deed of Trust to the
of the new First Mortgage Deed ofTrusL
EYen., the. prop°sed "ew First Mortgage Loan
satisfies all of the conditions describetT'in
paragraph A. (1) - (5), above, the City may, in
its sole and absolute discretion, disapprove'ai
request to refinance the Owner's existing First
Mortgage Loan if the term of the new First
Mortgage Loan will be less than thir
years.
The. owner c°venants and agrees not to place
any mortgage, lien or other encumbrance on the
other than the original First
_of Tr'ust'. a deed of trust securing' e
r's obligations to the City, or a new'First
Mortgage Deed of Trust approved b/the City' Fn
accordance with this Section 24. "The" Owner
agrees that the requirements of this Section 24
are reasonably necessary to ensure the
continued affordability of the Home to the
Owner, to minimize the risk of loss of the Home
and
^
its affordability through defaurt "and
foreclosure of mortgages, liens "and" oth'el1
encumbranaii" and to fulfi"an Important publi'c
purpose. The^ Owner acknowledges that"
^iojation of this Section 24 will" constitute "a
Defau,lt-unde1' this. A9reement and the city"
exercise all remedies available to the Cltyunde'r
this Agreement, the City Deed ofTrust,~at law"or
in equity upon such a Default."
Packet Page 284
(1) MQNDISCRIMINA]3fiU
The Owner covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation, marital status, ^ancestry or n^tiopal origin, in the sale, transfer, use, occupancy, .
; tenure or enjoyment of the Home, nor shall the Owner or any person ; claiming under or through the Owner establish or permit any such ' practice or practiceslof discrimination or segregation with reference to the use, occupancy, or transfer of the Home. The foregoing covenant shall run with the land.
(2) £IGilTS_QE BENEFJCIARIES_UNDFF^5|EEDS OF TRUSTS
This A9reement shall not diminish or affect the rights of the City under the City Deed of Trust. Notwithstanding any other provision in this Agreement to the contrary, this Agreement shall not diminish or affect the rights of the California Housing Finance Agency ("CHFA"), United States Department of Housing and Urban Development ("HUD"), the Federal National Mortgage Association ("FNMA"), or the Veterans Administration ("VA") under the First Mortgage Deed of Trust or any subsequent First Lender deeds of trust hereafter recorded against the Home in compliance with Section 24 above.
Notwithstanding any other provisions in this Agreement to the contrary, all of the provisions of this Agreement shall terminate and have no further force ?r"l. ?.f^ct:. .I^P?n_t.l?.e- occurrence of one of the following events: Title is acquired by CHFA, HUD, FNMA, VA, the First Lender or another'party upon foreclosure of a deed of trust to the First Lender or CHFA, or a deed of trust insured by HUD or guaranteed by VA,
a. Title Is acquired by another party by a deed in lieu of foreclosure of the First Lender, CHFA, or FNMA deed of tmst. (3) HUD_EORBEARANCE RFIJFE
Notwithstanding other provisions of this Agreement, the City Option on Default pursuant to Section 17 above shall not be exercised by the City when a deed of trust insured by HUD is secured by the Home, and: (i) the owner is undergoing consideration by HUD for assignment forbearance relief; or (ii) the owner is undergoing consideration for relief under HUD's Temporary Mortgage Assistance Payment (TMAP) program.
(4) JNVAI ID PROVISTDNS
If any one or more of the provisions contained in this
Agreement shall for any reason be held to be Invalid, illegal or Packet Page 285
^e<nff^blel"-a.nyr,esp_ect'tnen such Provis'°" °r Provisions shall t?e.d.eeLm!d severable.from the '-ema'nmg'Prov'i'sions' ^m^nue^'t^s Sme?l^d i^Ag^mentsha"ibeB"'n7trL:ds"^ illegal or unenforceable provision had never been'conta^"he'^u' W CQEOBQLLUslfi.lAffi
.
(S) NO WAIVFfi
;.-Nodelay, °r omission in the exercise of any right or remedy of 1 ^<i^^^]?°im ^^ ^ S' ^ : be^nst'wd. asanafver: The atY's failure to'lnsisi3 in any "o^w' ; m_ore instance upon the strict observance of the terms of this" ; shall not be considered a waiver of the City's ric
^ereafter ,to e,rlf°":e-the. pr°visi°rls °ftheAg'reemen't. 'rT°h'eaC' y shall ;;1waiv! ;ts..ri9hts toe"f°^ any provision oF-this~Agreement'u''n^s's it does so in writing, signed by an authorized'agent'oaf'th'e'c1tyt.' (7) UQS.CES
,,, -A'Ln°ticesLreqlJired herel" shall be sent by certified mail, return rencHeLp^^e^!l^expre"deli;e'^'^^^ ^ha"..b!deemedt° be effective ^ of the daterece'i^dyol rct'h'ep ?oal^wdsT'verv was refused as inc"catedon the ^rn°re°ceTptua'sL Owner: At the address of the Home. City:
City of Seaside
440 Harcourt Avenue Seaside, CA 93955
Attn: City Clerk
City of Seaside
440 Harcourt Avenue Seaside, CA 93955
Attn: Affordable Housing Program
Th^pa^'eLmaysubsequer'tiy chan9e addresses by providing written s^^^^^ =sa^n (8) MIEBE&EIM20XJ3EA.G££EM£MI
.,rh,!-te''msL°fthis A9reement shall be interpreted so as to avoid sp,eculalon °n.theHome and to i"s"retothe'extent~'possibTe\uh°a"t^ ^s^nc, Lan.d, -.mort_9age payments rema'" affordabrt 7pe'^ontss and families of low- and/or moderate-jncome.
Packet Page 286
W EiUiIBOS
Any exhibits referred to in this Agreement are incorporated in this Agreement by such reference.
Packet Page 287
IN WITNESS WHEREOF, the City and Owner(s) have executed this Agreement on or as of the date first written above.
CITY: OWNER(S):.
Craig Malin, City Manager
Packet Page 288
Form of Deed
o! Trust
Complimentary
Recording
Requested
Pyreuant To
Government
Code
Sections
6103 And
27383
When Recorded Mail To:
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
_Attn: Affordable Housing Program
DEED OF TRUST
AND SECURHY
AGREEMENT
-THISDE"O^SLAoNnDBS.KSrAGREEMENT CU Deed ofTrust^ made °" -. ("Owner"), whose address Is
, XXXX, California, and City of Seas ide. a ^n^c^^n^^^'^^ ^^'a s"UTCre.s^foLH°usmg/.un^nsofJted^s^ ^TA?'J"/^-ofthe. cl^orsMS1dea"d"the'^Tf>S^s'[d^B^?sy ^^SSSK;^^ lts ^sssss^^s;;. -;; irs. ^^^^aiJS5SESZro to
Refer to Exhibit 'A°
and more commonly known as Seaside. CA
APN: -------,
(the "Property").
the Dro^vET,HnER^'th, a"Jthe.'mprovements now °r hereafter erected on s%^^^^^ss=r ^=SSESS^SS^?remain a -^^^^^s^x;^s^
Packet Page 289
tehrected,
°,r.hereaft!':to. be-erected on the Property which are necessary to eMC°mJpl^a'"l. c.omf:ortal"e use and occupancy of su'ch'bulld'lng'oT' ,
''""d'ngs f0.1'the PurP°ses f°r which they were or' a're'to'be'e'rec'tSd" 'm^d^g«a", rthergoods_and chatte!s/ndPereo"alproperty^^^ ""d. °.rfumlshed ln°P"atl"g a building:o7the'actrvittes'con'du°c'ted;l ^similar to the one herein described and referred to~a"ntTaiT ^hn^al.^w-lplaceme_"te-there°f. °r..a.rticleslnvubs^
whet,her-°r not the same are- °r sha" be attached-tosaid"bui'l'di'ng"or ^wn9s'," any_ma"11er; and aN °fthe fore9°ln^toge"thei'^h"tBh^' ^,e,rty'^s. here"'. refBrredto asthe "SecurityrfoTave'andt^'hoTd the se.mr!ty. t°gethcr wlth ac1"'"a"»stothe~Tru'stae; te'su^s^Tnd'. '6 .;
TO SECURE to the City the performance of the covenants and a9'.eements. °f owner contained In that celialn Buyer's" a"d. Resa!e ABreement with Option to Purchase executed bv"^d" . the °w"e'' and theclty °f even date herewith~(the '"Resale S9£e!me"rZa^-t°-sec"rethe. payment °f Excess Sales P'roceed^Tas ^flned In the Resale Agreement) that may become~due'by"0w'nue°r ^a J?,SECUREtl1eJ'aymentof a" °the1'sums'with '"terest thereon, ?dva."ce(n"ac°'rdi'nce "erewlth to protect the"secui-Tty"of'"thirD ^'d;^" ,rmst; and.the-perf("'mance ofthe "venants andVgree'ments'of'Ow'n^ OWNER AND GIFT COVENANT AND AGREE AS FOLLOWS;
^nv«»£OT5tE:rmp.,ThrtownerJS la.wfu"y sebedofthe estate hereby ?i°,nnvTdna"d. has^theright to_grant and "nveyThe-Security:that rth^' t.hanthJS_Deed. °fTrus.t'the Security is encumbered only"by"(a')°thrt" ieed-°f-trust executed by Owner [n'connection'wlth a'loanmaSe lto° ovm^bL. -.--... -...-.. ; --(the'"Flrst"Lender'")^eTr;ng a f":°mtes°ry_n°te executed by Owner In favor ofth'e FiretLende7?firs!'t' ^"d^N°te'2'.. toa5s!sti"the PUTChase °ftheproperty~a7d7b) 'e"Resale ^re,eiTO±°^ne,r, agrees towarrant and defend gener;ili; the We 'tSTh:
.
a9alnst a" cl.almsa"d demands, subject to any deciaratlons'.' ^remie,nt°.rrestr'ctl, °"s, listed ln a s<=hedule-of exceptions to'covera'ge in ^nLT^"su,ranreJdteL'"iuringthe-c^'sl"terest7n'the'Se~curit^°^^^^^ used-inth'5 Deed OIJ^t, the term "First Lender-''shall"lnciude"all'" successors and assigns of the First Lender.)
?k- ^, ^paYmerlt(lf F'((;f'sfl snles '".'"....'f': Owner will promptly pay to ^ when and if due pursuant to the Resale Agreement/t'he' Excess Sales Proceeds (as defined In the ResaleAg'reement^ 3; Re?al8 Agrwrwnr, Owner will observe and perfbrm all of the covenants and agreements of the Resale Agreement.
4^^QWS&JJJS^:owner. wl" ?aya"taxes' "sessments and othEr 5'-"nesan(l im.Positi°ns attributable to the'Securitywhirt" lt^L"J,, prlSr;ty..werthJS Deed.ofT"Jst; by Owner'maklng a'n^paym'ent, .w,he^^dlrec"Y-to.tAe. payee there°f'UP°nre<luestby^heCre^0^n'er w"J-pr°Tptlyfumlsh tothe city a" notices of amounts dueu'nde7this" pa»rls-raph;Jltheevent.Pwner. makesPayme"tdlrect1y7owne7wl[l' promptly discharge any lien which has priorityoverThls'Dee'd'o'f'Tnjst-.
Packet Page 290
provided, mat owner will not be required to discharge the lien of the Deed of Trust securing the First Lender Note (the "First Lender Deed of Trust") or any other lien described In this paragraph so long as Owner will agree In writing to the payment of the obligation secured by such lien in a manner acceptable to the City, or will, In good faith, contest such lien by, or defend enforcement of such lien In, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Security or any part thereof.
5. Hazard Insurance-^lwn»r will keep the Security Insured by a StandariTafl risk proijertyffisurance policy equal to-the replacement value of: the Securfty (adjusted every flve (5) years byappraisal. If requested by the City). If the Security Is located In a flood plain. Owner shall also maintain flood insurance.
The Insurance carrier providing this insurance shall be licensed to do.business in the State of California and be chosen by Owner subject to approval by the City.
All insurance policies and renewals thereof will be in a form acceptable to the City and will Include a standard mortgagee clause with standard lender's endorsement In favor of the holder of the First Lender Note and the City as their interests may appear and in a form acceptable to the City. The City shall have the right to hold, or cause Its designated agent to hold, the policies and renewals thereof, and Owner shall promptly furnish to the City, or its designated agent, the original Insurance policies or certificates of Insurance, all renewal notices and all receipts of paid premiums. In the event of loss. Owner will give prompt notice to the Insurance carrier and the City or its designated agent. The City, or Its designated agent, may make proof of loss if not made promptly by Owner. The City shall receive thirty (30) days advance notice of cancellation of any insurance policies required under this section.
Unless the City and Owner otherwise agree in writing. Insurance proceeds, subject to the rights of the First Lender, will be applied to restoration orrepairofthe Security damaged, provided such restoration or repair Is economically feasible and the security of this Deed of Trust Is not thereby Impaired. If such restoration or repair Is not economically feasible or If the security of this Deed of Trust would be Impaired, the' Insurance proceeds will be used to repay any amounts due under the Resale Agreement, with the excess, if any, paid to Owner. If the Security is abandoned by Owner, or if Owner fails to respond to the City, or Its designated agent, within thirty (30) days from the date notice Is mailed by either of them to Owner that the Insurance carrier offers to settle a claim for insurance benefits, the City, or its designated agent, is authorized to collect and apply the insurance proceeds at the City's option either to restoration or repair of the Security or to pay amounts due under the Resale Agreement.
If the Security Is acquired by the City, all right, title and Interest of Owner In and to any Insurance policy and In and to the proceeds thereof resulting from damage to the Security prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust Immediate prior to such sale or acquisition, subject to the rights of the First Lender.
Packet Page 291
6"-..-,..l''?5erYat'°n i'.nrt MalntsnflprR of SBniritv. owner will keeo the '^g°°-drepalr_and. m a neat, cieanTand'orderly conditlm and will ro^commlt waste or permit impairment or deterioration (rfthe'Secu'ntv." arises a condition in contravention of this Sectlon'5,"and'ifthe' ow^as."°J:/JJ.ldsuchc°,ndJtl.°.nwnhi^thlrty-(36)daYS'aft^re^ a,.c>tyj;°uc"fsuch a.c°ndltlon'then in adclltio'nto'an'y'othe'rrig'his'' an''an'la^o.the.c.ltYLthe-city.sha" ha" the right (butnot'the obilg^tton) t°Je^rm,, a"actsmcessary to cure such "ndition7and''to'ertabii^''(rr" ^TCe a "e" or °thei- encumbrance against the'Secunty~to7e^ow' s I;..-p.l?tertren prttlf' c '''eq»'-'"-»V. If Owner fails to perform the covenants^and agreements contained In this Deed of Trust or'lf any action a,Lpro-ceedl"9, te_c?,mmen ed whlch materially affects the'Clty's interest'Tn tt!esec,"rty'Jndudingr but n'ot "mited to- de'fault'u'nder'"the''Frr s't'L^'ndaer" Deed ofTmst, eminent domain. Insolvency, code enforcement "or" ?rran9ementeJ', r. pro.ceedin9s inv°lving a bankrupt or-decedent, 'then the if, at the City's option, upon notice to Owner, may makesuch appearances, disburse such sums and take such action as It' determlnesnecessaryto protect the City's lnterest,'1ndu~ding but not s^s:ss°f reasonable attorn^sfeesand^'v '^ ^
".* in^n.ya^°"ntsd. 's,b,uree'1 by thecity. Pursuant to this paragraph, WJ,th;nteres,t-ther.e°.n' wm become an l"debtedness'o7owne'r"se'ca'ure>'d"b. thlsDeed °fTrust- Unless Owner and Cltya-gree~toother"t'erms"of' Rayment'_such. am°unt""' be Payable upon'notice from the C v to ?w,"e.r.requBst"19 P.ayment thereof, and will bear'interestfrom"'the"date °^is,b,u^e.meKn.t,aLthe tesse-r. °f_(i)_'ten. Percent~(16%);~o'r i(10"the'M3te'sst rate permissible under applicable law. Nothing contained'In this' !^radpeli'. wi" rel'u"'e the clty to incur any exPe"se~ortake any action 8- InsoeCtiBn, The City may make or cause to be made
^s.?..niL l^<i."t!"'es-.".p°n. ?n11 Inspections of the Security; provided that the City will give Owner reasonable notice'of Inspection.
?-. -..-£c',rtleara"w .h.Y thf'citv """. ' "'ai.»r Any forbearance bv the '.nexerds"19any "ght °r remedy will not be a waiver oTthe'exerds'eo?' ^7»s^h^lghtw, lmed^J_he_Proc"rement°f. i."sura""'°''the~pa';ment ?f.taxes. ^otherJ. ie"s °rcharaes_bythe City wiilnot'be'a waiwr^'th'e" Qty's right to require payment of any amounts secured bythIs"De'ed"(;r i°'-. -^medl("? ^UmVlBff^. AII remedies provided in this Deed of LaredLsti". c;t.ancfcum"!atlvet° a"V other r!Bht or remedy'und'er ,Deed°fTrust °r any. °the'' document, or afforded by'law'or" equity, and may be exercised jconcurrently, Independentl'v'or' successively.
1I-. ?UCCe?SffrsanfJA?siqns^aund. The covenants and aare here'"ro"tal"ed sha" bind, and the rights" hereunder'shan i'n'ure"to°'t'he respe.ct'ye success-°rs and_a"lgns of the City and OwnerVubjert to'the" provisions of this Deed of Trust.
Packet Page 292
^wner ^^SS A" covenants and a9reements of
^sssss?^^^^^^^
I4; ,....smsmiafl-taffl-. ThlsDeed°fTrust shall be governed the laws of the State of California. ~ fL6'^n£aBSaa5'T-he caPtlons and headings In this Deed of Trust are ^=^a;:1d^n:itlto'^^^^^^eare itL,J!^di5CI'-mlnari, Ml- The ow"er c°ve"ants by and for itself and a^nu^^^Ei g;s. thatIh ere siF^T°°^amSnelf and ! n,?. °^se9re9atl°n°f. apers°"°r°faSr°"P°fperson^o"n" a^°.un.to! race'-, °"01:' .re"~SI°n.'^ed,uagey'd?sapb^,Te°xnss^u .T^at'onLmartolstatus^~nc'est^u"°"9«'i°u"^S Sfahr^swen^?^TS301^ta'^^^^^ ",".- -..Jterrilabi"tv for N»""rppce. [ n«. nr r-f Ssiis^^il^ SS^^^i^S^^ !,n.sf'ect'_slT-en/ls_e'. passJud9me"t-0^ °<- InfoT OwT^o'ft'hT^all ^eriqu^°Lmlt abi^ftt;Tecurit^o^anl *;'°^w^tt°Jrtnce^^^ °S^S]iS^S^^S- ^^sS^ESS?^^^^
Packet Page 293
19. Indemnity. Owner agrees to defend, indemnify, and hold City and Agency harmless from all losses, damages, liabilities, claims, actions. Judgments, costs, and reasonable attorneys fees that City and Agency may Incur as a direct or indirect consequence of:
A. Owner's failure to perform any obligations as and
when required by the Resale Agreement and this Deed of Trust; or B. The failure at any time of any of Owner's
representations or warranties to be true and correct.
20. Acceleratlan: Remedies. Upon Owner's breach of any covenant .
or agreement of Owner in this Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by this Deed of Trust, the City, prior to acceleration, will mail by express delivery, return receipt requested notice to Owner specifying; (I) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice Is received by Owner as shown on the return receipt, by which such breach Is to be cured; and (4) that failure to cure such breach on or before the date specified In the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Security. The notice will also Inform Owner of Owner's right to reinstate after acceleration and the right to bring a court action to assert the nonexlstence of default or any other defense of Owner to acceleration and sale. If the breach is not cured on or before the date specified In the notice, the City, at the City's option, may:
(a) declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may Invoke the power of sale and any other remedies permitted by California law. (b) either In person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of Its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, In its own name or In the name of Trustee, and do any acts which It deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or Interest therein. Increase the Income therefrom or protect the security thereof.
The entering upon and taking possession of the Security shall not cure or waive any breach hereunder ar Invalidate any act done in response to such breach and, notwithstanding the continuance In possession of the Security, the City shall be entitled to exerdse every right provided for In this Deed of Trust, or by law upon occurrence of any uncured breach, including the right to exercise the power of sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (d) deliver to Trustee a written declaration of default and demand for sale, pursuant to the provisions for notice of sale found at California Civil Code Sections 2924, et sea.. as amended from time to time; or (e) exercise all other rights and remedies provided herein. In the Instruments by which the Owner acquires title to any Security, or In any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured Packet Page 294
hereby, or provided by law,
The City shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees.
21. Owner's Right tn RqiQgtgt^ Notwithstanding the City's acceleration of the sums secured by this Deed of Trust, Owner will have the right to have any proceedings begun by the City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security gyrsuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a Judgment enforcing this Deed of Trust If:
. (a) Owner pays City all sums which would be then due under this Deed of Trust and no acceleration under thfe Deed of Trust or the Resale Agreement has occurred; (b) Owner cures all breaches of any other covenants or agreements of Owner contained in the Resale Agreement or this Deed of Trust; (c) Owner pays all reasonable expenses Incurred by City and Trustee In enforcing the 'covenants and agreements of Owner' c°"tained In the Resale Agreement or this Deed of Trust, and In enforcing the City's and Trustee's remedies, including, but not limited to, reasonable attorney's fees; and (d) Owner takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City's interest In the Security and Owner's obligation to pay the sums secured by this Deed of Trust shall continue unimpalred. Upon such payment and cure by Owner, this Deed of Tmst and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.
22. Due on Transfer of the Prooarrv. Upon a Transfer (as defined In the Resale Agreement) of the Property orany interest In It, the City shall require immediate payment in full of all sums secured by this Deed of Trust.
23. ReconvevancB- upon payment of all sums secured by this Deed of Trust, the Crty will request Trustee to reconvey the Security and will surrender this Deed of Trust and the Resale Agreement to Trustee.
Trustee will reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons will pay all costs of recordatlon, if any.
24. Substitute Trustee The City, at the City's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. The successor trustee will succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law.
25. Superiority of First Lender Document's. Nnf-wii
provision herein, this Deed of Trust shall not diminish or affect the rights of the First Lender under the First Lender Deed of Trust or any subsequent First Lender deeds of trust hereafter recorded against the Security In compliance with the requirements of Section 24 of the Resale Agreement. City agrees to promptly upon request execute and deliver any documents reasonably requested to subordinate this Deed of Trust to any subsequent First Lender Deed of Trust permitted by Section 24 of the Resale Agreement.
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Notwithstanding any other provision hereof, the provisions of this Deed of Trust shall be subordinate to the lien of the First Lender Deed of Trust and shall not impair the rights of the First Lender, or such lender's assignee or successor in interest, to exercise its remedies under the First Lender Deed of Trust In the event of default under the First Lender Deed of Trust by the Owner. Such remedies under the First Lender Deed of Trust Include the right of foreclosure or acceptance of a deed or assignment in lieu of Foreclosure. After such foreclosure or acceptance of a deed In lieu of foreclosure, this Deed of Trust shall be forever terminated and shall have no further effect as to .
the Property or any-tfansferee thereafter; provided, however. If the holder of such First Lender Deed of Trust acquired title to e Property . pursuant to a deed or assignment in lieu of foreclosure, this Deed of Trust shall automatically terminate upon such acquisition of title by First Lender, provided that (I) the City has been given written notice of default under such First Lender Deed of Trust with a sixty (60)-day cure period and (ii) the City shall not have cured or commenced to .cure the default within such sixty (60)-day period or commenced to cure and given its firm commitment to complete the cure in form and substance acceptable to the First Lender; or (III) the City shall not have exercised Its option to purchase the Property pursuant to Section 17 of the Resale Agreement and then proceeded diligently to cure the default within such sixty (60)-day period.
26. Request for Notice. Owner requests that copies of the notice of default and notice of sale be sent to Owner at the address set forth In Section 13 above.
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IN WFTNESS WHEREOF, the City and Owner have
executed this Deed of Trust as of the date first written above.
CITT:
Craig Malin, City Manager
OWNER(S);
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EXHIBIT G
FORM OF RENTAL UNIT AFFORDABLE HOUSING REGULATORY AGREEMENT [ATTACHED]
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Complimentary Rccordmg Requested Pursuant To
Government Code Section 6103 and 27383
Wlien Recorded Mail To:
City of Seaside
440 Hareourt Avenue
Seaside, CA9395S
Atta: Affordable Housing Pr&gram
of
SpaceAbave This Line for Recorder's Use Onfy
AFFORDABLE HOUSING REGULATORY AGREEMENT
This Affordable Housing Regulatory Agreement (this "Agreement") is made and entered into as by and between the City ofSeaside, a Municipal Corporation, and the City of capacity as Successor for Housing Puncticus of its dissolved Redevelopment Aeencv /the "CUy") and_ (the "Devduper").
A.
Agreement.
&ECITALS
Defined terms used but not defined in these recitals are as defined in Article 1 of this V. Pursuartto Chapter 17.32 rf the Seaside Municipal Code, a portion of all new housii constructed in the City of Seaside is required to be affordable for'median to above moderate income" households.
,
".._. c^ . KBBakewellsea8ideVTture II, LLC, a Delaware limited Uabilit:
"MasterDeyeloper") entered into an Affordable Housing Agreemaitdated^_-' ""''"'.' ^'pu^uiuu to tfae Affordable Housing Agreement, dated__, recorded in the Official Records of the" CTtyofMonterey°11-;. _ (Ac "Affordable Housing Agreement"), ff(he Devdq)~er7greed s, including for-sale and for-rent units, affordable to very low. low Agreement, dated
, recorded in the OfBeial Records of the County ofMonta-ey on (the "Development Agreement"),
& Cmcmrariytoewith, Master Devdopsr is seUing to Developer, and Developa-is acquiring from the Master Develops-, that certain propaty identified on Exhibit A hereto fthe "Property")
;_. .. T^s APeemBBt evidences Develqtff's Agreement, fca- (he benefit of (he City, to enter mto fOT-rent unit affOTdabiIityratrictions for ^_-ofthe 225 affordable housing umte required to be" developer under (he Aflfmdable Housing Agreement, in partial satisfaction of Ikfaste DevdoBa-'s obligations thereunder.
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F. In order to ensure that the entire Property will be used and operated in accordance with these conditions and restrictions, the City and Developer wish to enta- into this Agreement.
THEREFORB, the City and Developer hereby agree as follows.
ARTICLE 1
DEErmnoNS
1. 1 Definitions.
When used in this Agreement, tfae following terms have the respective meaning? assigned to them in this Article 1.
(a) "Actual Household Size" means the actual number of persons in the applicable household.
Property.
w
(c)
w
(e)
"Affordable Housing Parcel" ia defined in Recital D.
"Affordable Units" means the _ residential units to be developed on the "Agreement" means this Affordable Housing Regulatory Agreement. "Assiuned Household Size" means one person in a studio apartment, two persons in a one-bednrom unit, three persons in a two-bedrnom unit, and one additional person for each additional bedroom thereafter, unless a federal standard applicable to fhe development (such as the low-income housing tax credit program under Section 42 oftke Internal Revenue Code ("Tax Credits"), aa administered pursuant to the regulations of the California Tax Credit Allocation Committee ("CTCAC")) provides for the use of a different assumed household size, in which case the federal standard shaU apply. In the case of Tax Credits, the CTCAC definition for "assumed household size" shaD apply.
<f) "City" means the City of Searide.
(g) ''Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that tte Improvements may be legally occupied. (h) "Developer" means , and Its authorized representatives, assigns, transferees, or successors-in-Interest thereto. (t) "Development Agreement" is defined to Recital C.
0 "Improvements" means the ^-nmt affordable rental housing development, pins _manager'* units, appurtenant landscaping, parking, and other on-site Improvements to be constructed on the Property.
(k) "Low Income Household" means a household whose income doef. not exceed 60 percent of Median Income adjusted for Actual Household Size.
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W "Low Income Rent" means a munthly Rent amount not exceeding 60 by 30 percent and dmded by 12.
(m) "Low Income Vatts" means the Affordable Units, whldl, pursuant to Section r, are required to be occupied by Low Income Households. (»)
(0)
(W
w
<r)
"Management Agwt" has the meaning set forth in Section 5.5. "Management Contract" has the meaning iet farfh In Section 5.5. "Management Plan" has the meaning set forth la Section 5.3. "Marketing Plan" is defined in Section 5. 1.
J'Medlan lncome"^neans median income for Montorey County, adjusted for I size, as published pursuant to California Code ofRegulaUona, Tlfle 25, SwtSoa" 32~(m Us .uccessorprOTliion); provided, if the Inqirovements are financed tiiwhoteoruipart'Uirouehtfie UKufTax Credits md/or (he proceeds of tax-exempt bonds or other obligations tire interest o?" 1 are exempt from tax under the Internal Revenue Code and which are issued muier'UuT volume Unutatlons pursuant to Section 146 of the Internal Revenue Code fT EaimDtBmufa" ton/-'Meto^rnromel^T8 ^^-taw2m for Ae Mmto^ c»^Pr»m"isated?y theUnK'ed pment C'HUD"), as adjusted for houiehold rize. as
published In the Federal Register. - ' " .----,
w "Onlinance" means Chapter 1732 of the Seaside Munic^ial Code. ft) "Property" means the real property described in ExUbitA attached hereto incorporated herein.
(u)^ "Rent" means the total of monthly payments by the Tenant of an Affordable : following^ use and occupancy of the Affordable Unit and land and associated fadiities" , wUch are required by City oidinance to be provided as amenltiraforthe' _nproTementeLany ieParateIycI>aTged fees or service charges asaessed by DevetopCT whlchare required of all Tenants, otter flian security deposits; the UUUty Allowance; andanyottou taxes, fees or charges for use of the land or associated facffltteB 'aad assessed byYmibifc entity other than Developer, which are required ofaU Tenants. (y- _ "Tmant"meaT a haiuehold legally occupying an AlTordaMe Unit to a vaUd lease with Devdoper.
(w) Tenant Selection Plan" is defined in Section 5.2.
(x) ^ "Term" means the term oftUs Agreement, which commences on the date of I continues unffl the fifty-flve (55) yew aimlverauy of the date of the flnt vaUd tease with a Tenant.
,y "Utility ABowaiKe" means m allowance for the coat of an adequate levd of 8e"tefOTUtuuie8 paidby u T"!ant' including garbage coUection, Bewer, water, de^faicity, "ga«'' and other heating, cooking and refngeratlon fuel, but not telephone service or cable TV, as determined annually by the City, unless a federal standard applicableto tte devdopment7such as Packet Page 301
-heTSCreditproBram admim8tCTed pursuant to the regulations of CTCAQ provides for the use rance, in which case the federal utfUty allowance standard shall apply. (9 "Veiy Low Income Household" means a household whose Income doe* not exceed SO percent of median Income adjusted for Actual Household Size. _<Bn/«VCTy Low Income Rent" means
percent of the Median Income, adjusted for Assumed Household Size based on'unit'iize^idUnKe
12. ( ) "Very Low Income Unita" means the Affordable Unite, whfeh, ] !.l(a) betow, are nqulred to be occupied by Very Low Income Households.
ARTICLE 2
AEFORDABIUTY AMD OCCUPANCT COVENANTS
___.. -_2; . - .,OCCUPancyReq"uement8. The Affordable Units shall be occupied by Tenants meeting the following income requirements:
(a) Very Low Income Units. (_) of the Affordable Units un the ^Homing Pared are required to be rented to and occupTed by or, if vacant arable for occupancy by Very Low Income Households.
W _ Low Income Unto. _ (_) oftbe Affordable Units un the I to be rented to and occnpfed by or, if vacant, available for occapancy by Low Income Households.
2.2 Allowable Rent.
^ _,S£Ed^ Income Rent Subject to the provisions of Section 2 J below, the Rent (telnding die Utility Allowance) paid by Tenants oftheVeryLuwincomeUBifaTihaiB 'na't" m^ Low Income Rent. Subject to Uie provisions of Section 2.3 below, the Kent he Utility AUowance) paid by Tenant* of the Low Income Umts shaU not exceed tte'Low Rent.
(c) City Approvalof Initial and SubsenueatRato For so \»ag as the Improvements are Mciuribered by a Tax Credit and/or Tax-Eaaapt Bondtow-t agreement. Initial Rents for aUAfrordabfe Untts and all rent Increases thereaftCTsimii be°ci !wcttymacMrdaln°i wiifll the re»t"Iied°le8 published by CTCAC, and the-Devd^er7hdT provide ttedty with notice amuiaUy of the then-appUcable Rent levels." ^tany tinKthft" Agreement is the sole encumbrance recorded against title to the Improvements'se'ttu 1 for the Affordable Unlta, the IiiiUal Rents ior aU Affordable UniteTlidfbe reported to die CUy prior to occupancy for review and approval, not to be ] delayed and aU rent increases also shall be reported to the CMy for review anT app">'"d'_I"'tt<> be lulrea81>nal'?r withheld, conditioned or delayed. Devdope'rmay'notraise'Rent more often than once every twelve (12) month, unless; ^i!edoae""'eLAt mytime ws A8reement i8 the sok encumbrance recorded agamrtUtk to the ^ forth rent and income restrictions far the Affordable Units, dhe^ provide Developer with a schedule ofnuudmum permissible rents for tteAffordabieUmts annuaDy, and, within thirty (30) days following receipt of inch schedule. Developer BhaUprovide Packet Page 302
evidence reasonably satisfactory to City confirming that the Rents charged by Developer comply with the maximum permissible rents indicated on such schedule.
2.3 Increased Income of Tenants.
(a) U, upon recertfflcatfon of the income of a Tenant of an Affordable Unit, Developer determines that such Very Low Income Household's Income has increased and exceeds the qualUying income for aVery Low Income Household, but does not exceed the qualifying Bnnt for a Low Income Household, then, the Tenant may continue to occupy the Affordable Unit, and apon expiration of die Tenant's tease, ff) Developer may increase the Rent charged to the Tenant to the Lnw Income Real, provided that Developer has provided the Tenant thirty 00) days written notice, and (ii) Developer shaU rent the next available Affordable Unit that is comparable in size (Le., number of bedrooms, bathrooms, square footage, etc.) and location (te., same floor, same VKW, etc.) as the original unit to a Very Low Income Household, at a Rent not exceeding the maxlmnm Rent specified in Section 2.2 ta comply with the requirements of Sections 2. l~and 2.2 'drove. Upon Ttnttss the next available Affordable Unit to a Veiy Low Income Household, the Affordable Unit with the over-income Tenant wBI no longer be considered a Cmt
W If, upon recertificaUon of the income of a Tenant of an Affordable Unit; Developer determine! that a former Low Income Household has an income exceeding 140% of the qualifying income flir a Low Income Household, then the tenant shall be gh^en one year's notice to vacate the unit, and Devekper may raise the tenant's rent aa provided below. Notwithstanding the foregoing, no resident that occupies a unit subject to a regulatory agreement with respect to the Tax Credits and/or the Tax-Exempt Bonds, shall be evicted as a result of such resident bring over income except as and when allowed by Federal law, iaduding 2( II.S.C. §42. If any law'or other p _agency reS°latoI y agreement prohibits the Developer fi-um requiring the Tenant to vacate the Affordable Unit, such Tenant shall be permitted to continue to occupy die Affordable Unit and such Tenant's Rent may be increased tn one-twelfth of thirty percent (30%) of the honsehold'a actual income, adjusted for Assumed Household Size, upon thirty (30) day written notice to the Tenant provided. In either instance the Affordable Unit will continue to be classified as a Very Low bicome Unit or Low Income Unit as applicable until the Tenant vacates the Affordable Unit, at whfch time Developer shall re-rent tile Affordable Unit to a Very Low Income Household or Low Income Household as applicable to meet the requirements of Section 2. 1 above.
Tmnuiaticm of Occupancy. Upon tennination of occupancy of an Affordable Unit by a Tenant, such Affordable Unit will be deemed to be contmuously occupied by a household of the same income level (e. g.. Very Low Income Household or Low Income Household) as the initial income level of the vacating Tenant, until such AffordaUe Umt is reoccupied, at which time the income character of the Affordable Unit (e.g., Very Low &icome Household or Low Income Household) will be re-determined. In any event. Developer shall mamtain the occupancy requirements set forth in Section 2. 1 above, except as may be modified by Section 2.3.
ARTICLE 3
INCOME CERTIFICATION AND REPORTING
3. 1 Income Certification.
(a) Developer shall obtain, complete and maintain on file, immediately prior to initial occupancy income certifications from each Tenant renting any of the Affordable Units.
Developer shall make a good faith effort to verify that the income provided by an applicant or Packet Page 303
MC,up%ImuseIU>Id m m income .:"T5ati011 " Mewate by collecting acceptable documentatki mc!udhlg i"com^to8 t'rtelm!nt801'aw-2 for the Prevtou8 '^darye»7and8u'bnrittmTM ;^T TOroved_''ytiM! cuyl a "rtffl<:ati»n that "'e tenant qudifles as an incomedTgibieToiueMd." [ conduct annual n-certUicathnu pursuant to the same process" Developer shaU provide copies of all Tenant income certificatlom to the City w upon request.
3.2 Ammal Report to City.
Developer shall submit to (he City, not later than the ninetieth (90) day after the close of each I^S'^Si.8"011 °fller date as may be requested by tfae aty. areport'sdtingfardiAe'irfmatim
3. 3 Additional Information.
Developer shall provide any additional mfonnation reaaombly requested by (he Citv. The Cit > examine and make copies of all books, records or o&er documents of D< rovements with reasonable notice to Develops-.
3.4 Tenant Records.
(a) Developer shall keep and maintam, complete, accurate and cun-ent records pertaining to the Improvements, and shall permit any duly authorized representative~oftheCit to inspect recads, includmg records pertaming to income and household size of Tenants amT s. Developer shall maintain_all Tenant lists, applications and waitingti sts relating to fhe Improvements separate ami identifiable fiom my otherbusinessofD'evelo^CTmd ocuments must be maintained as required by the City, in a reasonable condifc : to examination during business hours by representatives of the City.
W The City shall notify Developer of any records it deems insufficient.
Developer shall have thirty (30) calendar days afterthe receipt ofsuchanotice'tocorrect'i ! records specified by the City in such notice, or if a period loiiger tfaan thirty /s is reasonably necessary to correct the deficiency, then Developer shaU begin tocoirect the deficiency withm thirty (30) days and correct the deficiency as'soon'"a7reasona5y'possi'ble.'
3.5 On-site Impection.
.,. atyshau have the ri^lt'with rels°nable notice to Devdopa, to perform an on-site 'mS.ectio"tf_1ile IT°vemalts at lea8t °ne (1) timePCT yT to v"fy coi^Iiance'vrifhdieregmrementi [usAgreemmt. Developer ayees to eoopCTate in'sud inspection' IfcTtydraffffltomspwT&e" utenor of the Affordable Units, City shall pve Developer suffideat notice to anowDCTermer'tom than seventy-two (72) hours written notice to Tenants.
ARTICLE 4
OPERATION OF THE IMPROVEMENTS
4. 1 Residential Use.
Develops- shall operate the Improvements only for residential use. Developer shall not operate Packet Page 304
my part of the Improvements as transient housing in which the tenn of occupancy is less (ban thirty (30) days.
4.2 Taxes and Assessments.
Develops- ghall pay all real and personal property taxes, assessments and charges and all fi-mchis^ income, employment, old age benefit, witbholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to ptevent any penalty from accrumg, or any lien or 8e 60m atta(!lm8 to the Prqiaty; provided, however, that Developer shall have the right to contest in good faith, any such tsxes, aasesBments, or charges. In (he event Developer exercises its right to contest anyto> assessment, or charge ag»imt it, Developer, on final detemmation of the proceeding or contest, shall immediately pay or discharge my decision or judgmeat rendered against it, together with all costs, charges and interest.
4.3 Property Tax Exemption
< City consent is not required for Developer to apply for a property tax exemption for the Affordable Housing Parcel under California Rfiveaue and Taxation Code Section 214(g). The prior written consentof fhe. City is required in the evmt the Developer seeks to apply for my other prqpaty tax exemption for (he Affordable Housing Parcel.
4.4. Local Preference
To die extent pemrittedby applicable law and consistent with the program regulations for funding souress used for development of the Improvemeats, Developer shall ghre prefaence in the rental of AttmSable Units to Low Income Households or Very Low Income Households, as applicable, to tenants who meet reasonable criteria, including without limitation, ousting City of Seaside residents, persons who are employed jn (he City of Seaside or other reasonalile criteria that may be detamined by the City from time to time. The prefereDce stated in tius Section shall apply to rental of all Affordable Units throughout the Tam.
No plrfa-ence hereinmaybe used for the purpose or effect of delaying or ofha-wise denying admission to any Affordable Unit based on the race, color, eflmc origin, gender, religion, disability, or age of any memba- of m applicant household. Nothing herein shall restrict Developer from screening tenants (brou^i die application of criteria which is lawful and customary in apartment management in (he City and othennse consistent with federal, state and local regulations and restrictions applicable to the Improyements. The City shall consider reasonable factois, as deta-mmed by the City from time to time, including without limitation
ARTICLE 5
PROPERTY MANAGEMENT AND MATOTENANCE
5. 1 Management Responsibilities.
Develpper is responsible for all management functions with respect to fhe Improvements, including without limitation the selection of Tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacemmt of capital items, and security. The City shall have no responsibility avez management of the Improvements. Developer shall retain a professional property management company approved by the City in its reasonable discretion to perform it8 mmagmentduties hereunder.
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5.2 Management Agent.
No later than six (6) months prtor to the projected date of the completion of the construction of the Improvements, Developer shaU submit to the City for approval the name and qualifications of the proposed management agent (the "Management Agent"), and the proposed management contract (the "Management Contract"). The Management Agent shall have demonstrated the ability to operate reiidential facilities like the Improvements in a manner that win provide decent, safe, and . anltary housing. Developer shall also submit such additional information about the background, experience and financial condition of any proposed Management Agent as is reasonably necessary for the City to determine whether the proposed Management Agent meet* the standards fin- a qualified Management Agent of Improvements of this type.
i .. 5. 3 Performance Review.
The City reseryes die rigbt to conduct an annual (or more frequently, if deemed necessary by the City) review of the maaagament practices and financial status of (he Improvements. The puipose of each periodic review will be to enable the City to determine if the Improvements are being operated and managed in accordance with the requirements and standards of this Agreement Developer shall cooperate with the City in such reviews.
5, 4 Property Maintenance.
Developer shall, for the entire Torn of (his Agreemmt, maintain all interior and exterior improvanents, including landscaping, on (he Affordable Housing Parcel in good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, ciders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and aB their respective depar6nents, bureaus, and officials.
ARTICLE 6
ENFORCEMENT
6. 1 Enlbrcement by the City.
If Developer fails to perform any obligation under (his Agreement, and fails to cure the default within tiurty (30) days after (he City has notified DCTeloper in writing of the default or, if the default cannot be cured within thirty (30) days, fails to commence to cure within thirty (30) days and tfaereafter dUigently pursue such cure and complete such cure within ninety (90) days, (he City shall have (he li^bt to enforce this Agreement by any or all of the following actions, or any other remedy provided by law or equity;
(a) Action tn Fnmpel Performance or for Dfunaees. The City may bring an action at law or in equity to compel Developer's performance ofita obligations under this Agreement, and/or for damages.
(b) Remedies Provided Under (he Ordinance. The City may exercise any other remedy provided under the Ordinance.
(c) Cure Riffhts. Notwithstanding anything to the contrary contained herein, City hereby agrees that any cure of any default made or tendered by ® Developer's limited Packet Page 306
partner, or (ii) Developer's senior mortgage lender, shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer.
ARTICLE 7
MISCELLANEOUS
7. 1 Lease Provisions.
(a) - Jn.lewingthtAffordabk. Unlta in the Improvements, the form of Tenant tease (hall also comply with all requirements of this Agreement, and shall, among other matters:
(1) provide for termination of the lease and consent by the Tenant to immediate eviction for failure: (i) to provide any information required under this Agreement or reasonably requested by Developer to establish or recertify the Tenant's qualification, or tfte qualification of the Tenant's Household, for occupancy in the Improvements In accordance with the standards set forth in this Agreement, or (it) to qualify as a Very Low Income Household or Low Income Household as a result of any material misrepresentation made by sucft Tenant with respect to the income computation or certification; (2) provide that if the household's income Increases above tfie applicable limits for a Very Low Income Household or Low Income Household, as applicable, such household's Rent may be subject to increase, and such household's occupancy may be subject to termination due to an increased income above that of a Low Income Household, provided, however, so long as applicable CTCAC regulations or any law or regulations associated with the Tax-Exempt Bonds prohibit termination as a result of increases in Income above applicable income limits, the form of tenant Lease for any unit subject to a regulatory agreement with respect to the Tax Credits and/or the Tax-Bxempt Bonds shall not be required to provide for termination due to an increased income above that of a Low income Household; and
(3) be for an initial term of not less than one (I) year. After the mttialyear of tenancy, the lease may be month to month by mutual agreement of Developer and the Tenant
(b) Any termination of a lease (other than default by Tenant) or refusal by Developer to renew must be preceded by no less than thirty (30) days' written notice to the Tenant by Developer specifying the ground! for the action, and with such further notice as may be required by Section 2.4. Termination of a lease for a default by Tenant shall be in accordance with applicable law.
7.2 NondiscrimmatioD.
(a) Developer herein covenants by ana fin" ItnB, its subcontractors, Its successors and assigns, and all persons claiming under or through them, that there shall be no unlawful discrimination. Irrespective of any person's race, religkius creed, color, national origin, ancestry, physical diaability, mental disability, medical condition, genetic information, marital statua, BCE, gender, gender Identity, gender expression, age, sexual orientation, or any other protected status recognized under the law against any employee or applicant for employment Packet Page 307
related to the Affordable Units. Developer shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination or harassment. In addition to the foregoing general obligations,, Developer shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900, et seq.), the regulations promulgated thereunder (Title 2, California Code of Regulations, section 7285. 0, et seq.), the provisions ofArUck 9.S, Chapter 1, Part 1, Division 3, TMe 2 of the Government Code (sections 11135-11139. 5) and any itate or local regulations adopted to implement any of the foregoing, as such statutes and regulations may be amended from time to time. (b) The provisions of paragraph (a) shaU furtherapply to flu teasing, ". sublearing, transferring, use, occupancy, tenure or enjoyment of the Affordable Units, and Developer and any person claiming under or through the Developer, shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the Affordable Units or in connection. with die employment of persons for the construction, operation and management of any Affordable Unit
7. 3 Section 8 Voucher. and Certificate Holdeis.
Developer shall accept as Tenants, on (he same basis as aB other prospective Tenants, persons who are recipients of federal catificates or vouchers for rent subsidies pursuant to the misting housing certificate program or (he Housing Choice Voucher Program under Section 8 of die United States Housing Act, or its successor. Developer shall not apply selection criteria to Section 8 certificate or voucher holders that are more burdensome than the criteria applied to all other prospective Tenants, ncr shall Developer apply or pamit the application of management policies or lease provisions with respect to (he Improvements which have fhe eEfect of precluding occupancy of units by such prospective Tenants.
7.4 Tmn.
The provisions of this Agreement apply to die Affordable Housing Parcel tor the entire Term.
This Agreement is binding on any successor, bar or assign of Developer, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as esipressly released by (he City.
7. 5 Subordination to Security Interest.
This Agreenient shall be subordinated to any bona fide mortgage, deed of trust, or other security financing interest encumbering the Affordable Housing Parcel.
7.6 Covenants to Run With tfae Land.
The City and Developer hereby declare their express intent fhat the coveaants and restrictions set fdrth in this Agreement shall run with the land, and shall bind all successors in tifle to the Property, provided, however, that on tfae mpiration of the Term of this Agreement said covenants and restrictions sliall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of wliether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the City ocpressly releases such conveyed portion of the Property from (he requirements of this Agreement.
7. 7 Indemmfication.
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Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "IndemmteiM"!. and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and aD claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to the development of the Property or the sale of units on the Property, and shall protect and defend Indemnities, and any of them with respect thereto; provided, however, that Developer shall not be required to indemnify, defend or hold harmless any of the Indenmitees from claims, losses, damages, costs and expenses related to the negligence or mUful misconduct of any of the Ihdemnitees.
; 7. 8 Recording and Filing.
The City and Developer shall cause this Agreement, and all amendments and supplements to it, to be recorded in fhe OfFidal Records of Monterey County.
7. 9 Successors Bouad.
Develapa- covenants, for itself and its successors and assigns^ not to sell, transfer, assign or otherwise dispose of ownership of (he Property (a "Transter"), without the express written consent offhe City, not to be Tinreasombly wAUield, conditioned or delayed. The parties agree that it shall not be unreasonable for City to withhold or condition approval of any Transfer where fhe proposed transferee has not demonstrated to (he City's satisfaction that it has the qualifications, experience and financial resources necessary and adequate as may be reasonably detmnmed by fhe City to competently manage (he Improvements and to otherwise fulfiB fhe obligations imdertaken by the Developer under this Agreement. Any prospective purchaser, transferee or assignee shall expressly promise in writing to be bound by all of (he provisions hereof, including the covenant in this Section 7.9 to require successors to expressly assume the obligations herein The Transfer shall be effectuated purauant to a written instrument satisfactory to the City in form recordable in tfae OfHcial Recmds. Upon die Transfer of Developer's rights and interests under this Agreement pursuant to this Section 7.9, Developer shall automaticaUy be released from its obligations and liabilities under this Agreement arising or accruing after the date of Transfer. Upon my Transfer and die express assumption ofDevelcper's obligations unda tins Agreement by such transferee, City agrees to look solely to (he transferee for compliance by such transferee with the provisions of this Agreement. Failure to deliver a written assumption agreement hereunder shall not affect the nunring of any covenants herein with the land, as provided in Section 7.6 above, nor shall such failure negate, modify or ofherwise affect the liability of any transferee pursuant to (he provisions of this Agreement.
7. 10 Governing Law.
This Agreement is governed by (he laws of the State of California.
7. 11 Waiver of Requirements.
No waiva-of fhe requirements of this Agreement shall occur unless expressly waived by the City in writing. No waiver will be implied from my delay or failure by (he City to take action on any bread or default of Developer or to pursue any remedy permitted under this Agreement or applicable law. Any extension of time granted to Developer to perform any obligation under this Agreement will not operate as a waiver or release from any of its obligations under this Agreement. Consent by tfae City to any act or omission by Developer shaU not be construed to be consent to any other or subsequent act or omission or Packet Page 309
to waive tfae requiremat for (he City's written consent to future waivers.
7. 12 Amendments.
This Agreement may be amended only by a written ustrument executed by all the parties hereto or their successors in tifle, and duly recorded iB the real property records of (he County of AIameda.
7. 13 Notices.
Any notices aad correspondence concerning this Agreemmt shall be sent to (he parties at the following addresses:
Developer
Contact Name
Address
City, State Zip
City .
Clerk
Community Development Dqiartment CO
440HarcourtAve.
Seaside, CA 93955
Electronic Copy to;
cityattomey@ci. seaside. ca.ns
Such addresses nay be changed by notice to the otfaer party given in (he same mannet as provided above.
7. 14 Severability.
If any provision of this Agreement is found invalid, illegal or unenforceable, the validity, legality and mforoeabiiity of the remaming portions of this Agreemat shall not in any way be affected or impaired therAy.
7. 15 Multiple Originals; Counteiparts.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
[Signatures on Next Page]
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IN WITNESS WHEREOF, the City and Developer Iiave entered into this Agreement, as of the date first written above.
DEVELOPER:
CTTY:
Signature Page
Packet Page 311
A notary public or other officer completiag this certificate ^fflfies °^y^totit5;of £ew^S"^ol edte'documatto'whichte certificate is attached, and not the ttufhfalness, accuracy, or vaUdity of (hat document.
STATE OF CALIFORNIA
COUNTY OF.
'_, before me,
_, Notary Public, pa-sonbBy
signatures) cm the instrument the pereaa(s),. or
T^SS^LTf OF PERJURY unde. the laws of the State of California thate foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Acknowledgement
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STATE OF CALIFORNIA
COUNTY OF.
OQ _, befae me,
, Notary Public, personally
who proved to me on the basis of satisfactory
SiuSS-TYOFPEMURYund»thela^oftheStateofCaltfonriafhatthefo^oing paragraph is true and correct. WITNESS my hand and official seal.
Name:
Notary Public
Acknowledgement
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.C.
TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: September 19, 2024
SUBJECT: PROVIDE FEEDBACK ON A POTENTIAL DRAFT ORDINANCE
MODIFYING THE ALLOWABLE NUMBER OF CANNABIS
DISPENSARIES AND MAKING OTHER CHANGES TO THE
OPERATION AND SELECTION OF CANNABIS DISPENSARIES
WITHIN THE CITY OF SEASIDE
RECOMMENDATION
Receive the presentation, and provide feedback on a potential draft ordinance modifying the allowable number of cannabis dispensaries and making other changes to the operation and selection of cannabis dispensaries within the City of Seaside.
BACKGROUND
Following adoption of Proposition 65 legalizing the "adult" (ie recreational) use of cannabis in November 2016, in September 2017 the Seaside City Council adopted Ordinance 1043, which added Title 19 to its Municipal Code. Title 19 established the application process and operating requirements for cannabis-related businesses. Under Ordinance 1043 a maximum of three dispensaries could be permitted in the City.
Following a review of applications for dispensaries in December 2017, the Council adopted Ordinance 1046 in February 2018, which increased the number of allowed dispensaries from three to six. In March 2018, the Council approved Development/Operating Agreements for six cannabis dispensaries.
In April 2021, the Council adopted Ordinance 2002, which increased the allowable number of dispensaries was increased to a total of nine (including six in the West Broadway Urban Village and three elsewhere in the City). However, no additional dispensaries commenced operations following this amendment. Currently, there are six dispensaries with valid Use Packet Page 314
Item No. 10.C. Page 2 of 4
Permits and Development/Operating Agreements in the City:
Canna Cruz (680 Broadway Avenue)
Halfpipe (840 Broadway Avenue)
Higher Level of Care (310 Amador Avenue)
Rare Earth (575 Broadway Avenue)
The Reef (1904 Fremont Boulevard)
Seaside Green (1717 Fremont Boulevard)
As time passes, the industry continues to evolve and more information regarding the operations and impacts becomes available. At the June 20, 2024 City Council meeting, Council expressed concern that the currently approved number of dispensaries may be too high and requested that staff review the number of dispensaries.
In response, staff has produced the attached DRAFT language which would make changes to Title 19. In order to determine the appropriate number of dispensaries in the City of Seaside, staff looked at nearby jurisdictions to determine the appropriate number of dispensaries (because of its spread-out nature, the County of Monterey was not included).
The chart below shows the results:
As noted in the Table, Seaside is slightly above the average for the other jurisdictions studied when controlled for population. However, the average is skewed by the high number for Del Rey Oaks. Excluding Del Rey Oaks, Seaside allows twice as many dispensaries per person as Marina and Monterey, and nearly nine times the number as Salinas.
Seaside also has a very high number of dispensaries when controlled for land area. Seaside has more than twice the number of dispensaries per square mile as the average for the other jurisdictions.
Given this information, staff believes that a reduction in the number of allowed dispensaries is justified. Of the four other jurisdictions reviewed, Marina and Monterey are the most similar to Seaside in terms of size and location. With four dispensaries, Seaside would have a similar density to those two cities. The Table below shows how Seaside would compare to Packet Page 315
Item No. 10.C. Page 3 of 4
Marina and Monterey with 9, 6, and 4 dispensaries:
If Council were to reduce the number of allowable dispensaries to four, there would be more existing dispensaries (6) than allowed (4). The proposed language explicitly states that any dispensaries already in operation may continue to operate as long as they remain in good standing with the terms of their Development/Operating Agreement and Use Permit.
Over time, the number of businesses would drop to four through attrition. Council would also be able to approve transferring Development/Operating Agreements from one party to another (such as the sale of the business).
The Ordinance would also make edits to the process by which cannabis applications are considered. This would add the requirement that a Community Benefit Plan be included in the application packet, and includes several "clean-up" items as well.
Staff is seeking Council feedback and direction on the language contained herein. Staff can then refine the language and bring it to the Council as an Ordinance, if appropriate.
FISCAL IMPACT
No immediate financial impact is expected with this item. Reducing the number of cannabis dispensaries could potentially reduce revenues collected from taxable sales of cannabis products. However, it is unknown at this time whether there would actually be any significant reduction in those revenues. Further, since the number of dispensaries would not immediately be reduced, it is unknown when any reductions (if any) would occur.
ATTACHMENTS
1. DRAFT Title 19 Redlines City Council 2024-09-19
Reviewed for Submission to the City Council by:
________________________________________
Packet Page 316
Item No. 10.C. Page 4 of 4
Craig Malin, Interim City Manager
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Chapter 19.02
CANNABIS DISPENSARIES AND OPERATING STANDARDS
Sections:
19.02.010 Cannabis dispensaries.
19.02.020 Eligibility requirement.
19.02.030 Operation plan.
19.02.040 Dispensing.
19.02.050 Members and employees of medical dispensaries.
19.02.060 Adult dispensaries.
19.02.070 Security.
19.02.080 Signage.
19.02.090 Delivery.
19.02.100 Neighborhood compatibility.
19.02.110 Consumption of cannabis, tobacco, or alcohol.
19.02.120 Regulatory fees, seller’s permit.
19.02.010 Cannabis dispensaries.
A. The city manager shall issueAll cannabis dispensaries shall obtain a valid conditional use permits for from the City of Seaside prior to operation of adult or medical cannabis operations in such numbers as authorized by the city council. In addition, each cannabis dispensary shall enter into a development/operating agreement with the City of Seaside prior to the commencement of operations. The total number of conditional use permits shall not exceed six valid dispensaries of each type within the West Broadway Urban Village and a total of three dispensaries of each type City-wide not located in the West Broadway Urban Village.
B. Whenever possible, adult and medical cannabis dispensaries shall be located paired with and operated adjacent to a dispensary of the other type. An adult dispensary shall be collocated with a medical dispensary when possible.
C. No cannabis dispensary of any type shall be located within six hundred feet of any public or private school providing instruction in any grade kindergarten through 12, but not including any home schooling, and shall be located in a commercial or industrial zone as approved in SMC Title 17.
D. Dispensaries not located in the West Broadway Urban Village, as defined by the West Broadway Urban Village Specific Plan, Specific Plan shall not be located within 700 feet of another dispensary located outside the West Broadway Urban Village Specific Plan unless adjacent to a collocated dispensary of the opposite type as set forth in subsection B of this section. Those located in the West Broadway Urban Village Specific Plan shall not be located within 400 hundred feet of another dispensary located within the West Broadway Urban Village Specific Plan unless adjacent to a collocated dispensary of the opposite type as set forth in subsection B of this section.
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E. No cannabis dispensary use permit of any type shall be allowed on more than one assessor’s parcel number (APN), unless such APN is directly adjacent to the primary APN. APN’s separated by public streets shall require a separate conditional use permit.
F. The total number of development/operating agreements within the City of Seaside shall not exceed four valid dispensaries of each type. No more than three of these dispensaries shall be located within the West Broadway Urban Village. Notwithstanding the above, any business already in possession of a valid development/operating agreement may continue to operate in accordance with the terms of that agreement, the terms of any existing conditional use permit, California law, and the Seaside Municipal Code.
19.02.020 Eligibility requirement.
A. No person shall own any interest or maintain any position, including employee, with a dispensary other than that of a member convicted of any of the following crimes within the time limit specified:
1. Homicide, at any point in the past.
2. Any serious felony listed in Penal Code Section 1192.7(c) or 667.5(c) within the past ten years.
3. Penal Code Sections 243 through 247, except for 243(a), which essentially include various forms of assault and battery within the past ten years.
4. Health and Safety Code violations of Section 11357(d) or (e), or 11361, or Article 1, 3, 5, 6 or 7 of Chapter 6 of Division 10 relating to certain possession of concentrated cannabis or sale on school grounds within the past ten years.
5. Health and Safety Code violation of Sections 11358, 11359, and 11360 relating to illegal cultivation, importation, or sale of marijuana plants within the past three years.
B. Businesses shall perform a Live Scan background check on all officers and employees to ensure that no violations of Section 19.02.020.A are occurring. These records shall be maintained by the business and are subject to review and/or audit by the City of Seaside to verify compliance with this Section. Such other information deemed necessary including background investigation and a Live Scan background check of the applicant, for the city manager to determine compliance with the city’s municipal code.
C. All applicants shall pay a dispensary permit application fee, a permit fee, and all required permit and inspection fees that may be required as part of the application process, as specified by Rresolution and/or in the city’s mMaster fFee sSchedule.
D. Each applicant for a dispensary permit application shall submit notarized, written authorization from the property owner(s) that a commercial cannabis business may be operated at the proposed site, and clearance from the city planning department showing that the location proposed is legally authorized in the zoning ordinance..
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E. The name and address of managers or responsible agents of the commercial cannabis business shall be supplied, which shall be updated not less frequently than annually or upon any change of manager or responsible agent at any time.
19.02.030 Operation plan.
A. All applicants must provide a plan of operations that will describe how the dispensary will operate consistent with state law and the provisions of this chapter including but not limited to implementation of controls to ensure medical or adult cannabis will be dispensed only to qualified adults, and qualified patients and primary caregivers as appropriate. Dispensaries shall comply with Health and Safety Code Sections 11362.7 et seq. and any other state laws that may be adopted concerning medical or adult cannabis, California’s Medical Marijuana Regulation and Safety Act, the Adult Use of Marijuana Act, the Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, and any other applicable city laws or regulations, and shall pay all applicable state or local taxes. Dispensaries shall also comply with the operating standards set forth in this section. Operation Plans are unique to the operator of the dispensary and are therefore not transferable, except as otherwise set forth in this chapter.
B. Medical dispensaries may consist only of members. Medical dispensaries may only obtain medical cannabis from, and supply medical cannabis to, their members.
C. No person other than a member may cultivate medical cannabis on behalf of a dispensary.
D. The scale of cultivation by or on behalf of a medical dispensary shall be proportional to its member load as defined by the state of California.
E. Medical cannabis dispensaries may not admit any person as a member without first verifying his or her status as a qualified patient or primary caregiver as defined by state law, and shall immediately cancel the membership of any person who diverts medical cannabis for nonmedical use or in any manner not permitted by this chapter or state law.
F. Physicians’ recommendations shall be verified by the medical dispensary prior to granting membership and at least every twelve months thereafter, and a physical or digital record shall be kept of such verification. No medical cannabis may be dispensed except to a member and pursuant to a recommendation that is no more than twelve months old, unless the recommendation expressly states that it has a longer term or does not expire.
G. Nondiversion. Medical dispensaries shall take all practicable steps necessary to prevent and deter diversion of medical cannabis to nonmembers. Dispensaries must limit access to medical cannabis, medical cannabis products and edibles to authorized personnel only, and must maintain an inventory management system that accounts for all medical cannabis, medical cannabis products and edibles.
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H. Adult dispensaries must comply with all aspects of the Adult Use of Marijuana Act, and must receive a license from the state prior to start of operations, and shall maintain said license throughout operations.
19.02.040 Dispensing.
A. A medical dispensary may not dispense to any person who is not a member, and may not dispense to anyone without first verifying membership.
B. A medical dispensary may not provide more medical cannabis to an individual than is necessary for that person’s personal medical use and pursuant to any physician’s directive.
C. A medical dispensary may not distribute free samples for promotional purposes outside of the dispensary premises.
D. No medical dispensary shall dispense medical marijuana from more than one location in the city of Seaside.
E. No owner of a medical dispensary in the city shall open a second dispensary in the city; except that medical dispensaries and collocated or adjacent adult dispensaries may have the same ownership.
19.02.050 Members and employees of medical dispensaries.
A. All employees and volunteers of medical dispensaries must be at least eighteen years of age and qualified to be in the facility.
B. Medical dispensaries may not admit any person under eighteen years of age to membership without written authorization of a parent or legal guardian. Any member under eighteen years of age shall be accompanied by a parent or legal guardian at all times that such person is at the dispensary. This requirement may not be transferred to any other adult orally or in writing.
C. All owners and operators of a medical dispensary must hold a valid and current use permit and cannabis development/operating agreement from the city of Seaside as required by provisions of this chapter.
19.02.060 Adult dispensaries.
All adult dispensary facilities shall comply with all state and local laws and regulations, including SMC Title 17 and this title.
A. No adult dispensary may dispense to any person not twenty-one years of age or older.
B. No adult dispensary may distribute free samples for promotional purposes outside of the interior of the dispensary premises.
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C. No adult dispensary shall dispense cannabis from more than one location in the city of Seaside, except that, subject to state requirements, it may have a collocated or adjacent medical and adult location as set forth in SMC 19.02.010.
D. No owner of any adult dispensary in the city shall own or possess any ownership interest in a second adult dispensary in the city, except the owner of an adult dispensary may also own or possess an ownership interest in a collocated or adjacent medical dispensary as set forth in SMC 19.02.010.
E. All adult dispensaries shall hold a valid and current use permit and cannabis development/operating agreement from the city of Seaside as required by provisions of this chapter.
19.02.070 Security.
A security plan, as a separate document, outlining the proposed security arrangements to deter and prevent unauthorized entrance into areas containing medical or adult cannabis or medical or adult cannabis products, and theft of medical or adult cannabis or medical or adult cannabis products at the dispensary, in accordance with minimum security measures required by state law and the requirements herein, shall be created by the applicant and approved by the city prior to commencement of any operations at any dispensary. The security plan shall be reviewed and approved by the police department and the office of the city manager City and shall be exempt from disclosure as a public record pursuant to Government Code Section 6255(a).
A. Dispensaries shall provide adequate security and lighting on site to ensure the safety of persons and protection of the premises from theft and other crimes at all times.
Exterior lighting shall be of sufficient intensity to illuminate all areas of the parking lot or adjacent areas, if any. Such lighting shall comply with the provisions of SMC 17.30.070.
B. Dispensaries must maintain adequate security guards and surveillance camera coverage of their entire grounds to an extent sufficient to ensure the safety of persons and deter crime. Surveillance cameras must be maintained in good condition, and use a format approved by the city manager or his/her designeeCity, which results in adequate quality, color rendition and resolution to allow the ready identification of any individual on the premises. The surveillance cameras shall be operated twenty-four hours per day, seven days per week whether the facility is open or not. The areas to be covered by the security cameras include, but are not limited to, dispensing areas, storage areas, cultivation areas, all doors, parking lots, anyplace where new product is delivered and any other area determined by the city manager or his/her designeeCity to be appropriate.
Surveillance footage must be retained for a period of ninety days and made available to the Seaside police department at any time promptly upon request without the necessity of a warrant or subpoena.
C. Dispensaries must be equipped with an alarm system that is operated and monitored by a security company licensed by and in good standing with the California Department Packet Page 322
of Consumer Affairs. Alarms shall be maintained and in good working condition at all times and able to be manually triggered by employees.
D. In order to prevent unauthorized entry during nonbusiness hours, a dispensary shall either secure all points of entry with bars, retractable, folding or sliding metal gates, or metal roll-up or accordion doors, none of which may be visible from the exterior, or provide at least one security guard at all times during those hours.
E. Any security guards employed by dispensaries shall be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” at all times. Security personnel may shall not be armed while on duty.
F. All medical or adult cannabis, medical or adult cannabis products, and edibles, except for small amounts used for display purposes and samples for immediate sale, shall be securely stored in a locked area at all times, and all access to such areas shall be locked and under the control of staff at all times.
G. Dispensaries shall make transactions with payment methods other than cash when feasible. All cash received, except that needed for retail customer transactions, shall be kept in a secure receptacle such as a drop safe or similar type of safe.
H. Dispensaries shall notify the Seaside police department and any licensing authority within twenty-four hours after discovering any of the following:
1. Significant discrepancies identified during inventory;
2. Diversion, theft, loss, or any criminal activity involving the dispensary or any agent or employee of the dispensary;
3. The loss or unauthorized alteration of records related to medical or adult cannabis, registered qualifying patients, primary caregivers, or dispensary employees or agents; or
4. Any other breach of security.
19.02.080 Signage.
Signs shall be posted at dispensaries as set forth following:
A. Signs shall be posted as appropriate at the entrance to any dispensary that includes the following language. The required text shall be of sufficient size to be easily read from a distance of five feet and illuminated at night.
FOR MEDICAL:
This Dispensary only provides Medical Cannabis to its members 18 years or older who must have a legally recognized California Medical Cannabis Identification Card or a verifiable, written recommendation from a physician for Medical Cannabis.
FOR ADULT:
This Dispensary only provides Cannabis to adults 21 years age or older who qualify under the Adult Use of Marijuana Act and applicable state law. No person under the age Packet Page 323
of 21 may enter or loiter within 50 feet of this facility. Providing cannabis products to those under 21 is illegal and shall be prosecuted to the fullest extent of the law.
B. A sign shall be posted in a conspicuous location inside the dispensary advising:
FOR MEDICAL:
This Dispensary is registered in accordance with the laws of the City of Seaside. The sale of marijuana and the diversion of marijuana for non-medical purposes are violations of State law. The use of marijuana may impair a person’s ability to drive a motor vehicle or operate heavy machinery.
FOR ADULT:
This Dispensary is registered in accordance with the laws of the City of Seaside. The sale of marijuana and the diversion of marijuana to persons under the age of 21 are violations of State law. The use of marijuana may impair a person’s ability to drive a motor vehicle or operate heavy machinery.
C. No cannabis products or graphics describing cannabis shall be visible from the exterior of the property.
D. Signage for a dispensary shall comply with Chapter 17.40 SMC.
19.02.090 Delivery.
If the dispensary operations are proposed to include delivery, all employees of a dispensary delivering medical or adult cannabis or medical or adult cannabis products shall carry a copy of the documentation listed below when making deliveries. This information shall be provided upon request to law enforcement officers and to employees of state and local agencies enforcing this chapter or other local laws and regulations.
A. A copy of the dispensary’s current permits, licenses, and entitlements authorizing them to provide delivery services, including permission to delivery in jurisdictions other than the city if that is the intent of the delivery;
B. The employee’s government-issued identification;
C. A copy of the delivery request; and
D. Chain of custody records for all goods being delivered.
19.02.100 Neighborhood compatibility.
A. Dispensaries shall be operated in a manner that ensures neighborhood compatibility, and the owner of such facility shall take all steps necessary to ensure that customers, vendors, or others visiting the facility do not create neighborhood disturbances or nuisances.
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B. Dispensaries shall provide the police department and all residents and property owners within one hundred feet with the current name, phone number, secondary phone number and e-mail address of an on-site responsible staff person to whom notice of any operating problems associated with the establishment may be reported. This information shall be updated as necessary to keep it current. Dispensaries shall encourage neighbors to call this person to try to solve any operating problems. Such calls may be anonymous and need not include an identity of the caller or number.
C. All dispensaries shall have an on-site manager responsible for overall operation at all times they are open, and shall provide the police department with contact information for all such persons, including telephone number, street address and e-mail address.
Dispensaries shall also provide the police department with the current name and phone numbers of at least one twenty-four-hour on-call manager. This information shall be updated as necessary to keep it current.
D. Dispensaries shall take all reasonable steps to discourage and correct objectionable conditions that constitute a public or private nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties. Such conditions include, but are not limited to: smoking; creating a noise disturbance; drinking; loitering; littering; urinating or defecating, and production of graffiti.
E. Dispensary will be of an architectural and visual quality and character which harmonizes with, and enhances, the surrounding area, and the design will avoid unduly large or obtrusive signs, unlandscaped parking areas, unduly bright or garish lighting, or design features which encourage loitering as determined by the zoning administrator.
F. Dispensaries will ensure that adequate litter receptacles will be provided and maintained where appropriate.
G. Where the dispensary or delivery-only dispensary is in proximity to residential uses, it will be limited in hours of operation, and designed and operated so as to avoid disruption of residents’ sleep.
H. No cannabis or cannabis odors shall be detectable by sight or smell outside of a permitted facility.
I. Dispensaries shall ensure all graffiti is removed from property and parking lots under their control within twenty-four hours of its appearance.
J. Dispensaries shall operate only between the hours of nine a.m. and ten p.m.
19.02.110 Consumption of cannabis, tobacco, or alcohol.
A. Smoking of cannabis is prohibited at dispensaries, including areas in and around the facility, except as noted herein.
B. Sale, smoking, or consumption of tobacco products is prohibited at dispensaries.
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C. Sale, possession, or consumption of alcoholic beverages at dispensaries is prohibited, and dispensaries shall prohibit any person in possession of an alcoholic beverage from entering or remaining on the premises.
D. This section does not prohibit the testing of medical or adult cannabis products by staff of a dispensary or the use of tinctures or topical medical cannabis products that do not have intoxicating effects.
19.02.120 Regulatory fees, seller’s permit.
In addition to any other required conditions and mitigation measures approved by the city or state, all of the following conditions shall apply to all permits for a medical or adult cannabis dispensary:
A. The cannabis dispensary shall allow access to dispensary facilities and records if requested by the city, its officers, or agents, and shall pay for an annual inspection and submit to other inspections from the city or its officers to verify compliance with all relevant rules, regulations, and conditions.
B. The applicant, owner, and all permittees agree to submit to, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this chapter from any enforcement officer of the city or their designee.
C. Any person operating a medical or adult cannabis dispensary shall obtain a valid and fully executed commercial medical or adult cannabis permit pursuant to this chapter of the Seaside Municipal Code prior to commencing operations, and must maintain such permit in good standing at all times in order to continue operations.
D. Upon implementation of state regulations pursuant to California Business and Professions Code Section 19320, a valid license from the state shall be required to operate any commercial medical cannabis activity.
E. The owner shall post or cause to be posted on site a copy of the use permit, the cannabis development/operating agreement, and all required city, county and state permits and licenses required to operate the dispensary. Such posting shall be in a central location, visible to the patrons, at the operating site, and in all vehicles that deliver or transport marijuana.
F. The owner shall be responsible for ensuring that all commercial medical cannabis activities at the site operate in good standing with all permits and licenses required by the Seaside Municipal Code and state law. Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial medical cannabis activities at the site who do not maintain permits or licenses in good standing with the city or state shall be grounds for the suspension or revocation of the required development/operating agreement, and may constitute grounds for cancellation of the required development/operating agreement pursuant to Chapter 17.8019.10.010 of the Packet Page 326
Seaside Municipal CodeSMC and/or revocation of the required conditional use permit pursuant to Chapter 17.80 of the Seaside Municipal Code.
G. Dispensaries shall comply with all physical accessibility requirements of the Americans with Disabilities Act.
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Chapter 19.06
PUBLIC HEARING
Sections:
19.06.010 Public hearing.
19.06.010 Public hearing.
Applications for dispensaries development/operating agreements shall be subject to a noticed public hearing before the City Council regarding the application in the same manner as provided in SMC 17.78.020. The city manager or designee shall be the investigating official referred to in SMC 17.78.020 to whom the application shall be referred. pursuant to the procedures outlined in Chapter 17.78 of the Seaside Municipal Code. In recommending the granting or denying of such permit and in granting or denying the same, the city manager shall give particular consideration to the capacity, capitalization, and complaint history of the applicant and any other factors that in the city manager’s discretion he/she deems necessary to maintain the peace, order and welfare of the public.
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Chapter 19.07
RANKING AND ALLOCATION PROCEDURE AND CRITERIA
Sections:
19.07.010 Ranking and allocation procedure and criteria.
19.07.010 Ranking and allocation procedure and criteria.
In the event that multiple applications are submitted for any cannabis activity that is restricted in number, the city manager or designee shall use the following criteria for recommending to the city council which applicant shall receive approval to operate:
A. Businesses seeking a license to operate a dispensary or cultivation operation must submit the following for evaluation:
1. Business Plan. Applicants shall submit a business plan to the city that outlines an operational and financial plan. The business plan should include the names and resumes of key staff, operations plan, financial plan, sales projections and market study.
Applicants are encouraged to provide a specific, written plan for how their operation will benefit the community.
2. Security Plan. All applicants shall submit a security plan outlining how the business expects to address security issues at their location.
3. Community Benefit Plan. The applicant shall submit a community benefit plan demonstrating steps to be taken by the business to ensure that the business represents a positive force in the community. These steps shall be in addition to required measures (such as the payment of taxes), and shall represent actions which will directly benefit the community by providing funds, sponsoring programs/non-profits, guaranteeing a living wage, prioritizing the hiring of Seaside residents, and/or other measures which would have a direct, positive impact on the City’s residents.
34. Property Owner Approval. Applicants shall submit proof of approval of the owner of the real property together with a use permit indicating the use is appropriate at this property, and a cannabis development/operating agreement applicable where the proposed dispensary will be located if approved. Applicants are not required to have a signed lease, but a letter from the property owner indicating that:
a. The property owner is aware of and approves the use being proposed. b. The property owner will lease the property to the cannabis business owner for the related use upon approval of application.
c. The property owner understands that conditional use permits for cannabis activities may be revoked if the conditions attached to the permit are violated; additionally, a required development/operating agreement that sets forth conditions of operation does not run with the land and can be required to be renewed annually.
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45. Live Scan. All principal employees of any cannabis related use must submit fingerprints for a background investigation through Live Scan and submit the results with their application.
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Chapter 19.08
SELECTION CRITERIA
Sections:
19.08.010 Selection criteria.
19.08.010 Selection criteria.
A. General Eligibility Review. In the event that an applicant is unable to meet the following minimum eligibility criteria, their application shall be denied. Applicants will be evaluated on the following:
1. Live Scan Fingerprint Results. Applicant must not have any criminal convictions that would result in ineligibility as defined in SMC 19.02.020.
2. Application must be complete to be evaluated. Incomplete applications will be denied but may be resubmitted. New application fees must be paid for resubmittal.
3. Proposed location of business and proof of property owner’s approval of use must be supplied.
4. Applicant must agree to enter into a cannabis development/operating agreement with the city which is subject to annual review and approval which shall be discretionary with the city.
B.Application Evaluation. The city shall adopt by Resolution criteria for the evaluation of applications. The criteria may include but not limited to, business location, business plan, local enterprise, community benefit, neighborhood compatibility, security plan and safety plan. Only those applications scoring above the standards set by resolution will be allowed to proceed with the use permit and development/operating agreement.
D. Use Permit. Only Applicants who score above the points required by resolution will be allowed to proceed with a conditional use permit and development/operating agreement.
CE. State cannabis licenses and local cannabis development/operating agreements are annual in nature and may be revoked at any time for cause, subject to the appeals process outlined in Chapter 19.10 SMC for failure to comply with all state laws and requirements and local ordinances and requirements, or for failure to comply with conditions in the development/operating agreement. Cannabis development/operating agreements may automatically renew as long as the business has complied with all state and local ordinances and with conditions of approval, including the timely payment of all fees and taxes, in the sole discretion of the city.
FD. Transfer of Use Permits and Development/Operating Agreements. Use Permits and Development/Operating Agreements for cannabis businesses activities do not automatically transfer. Prior to the sale or transfer of a majority or managing share of a cannabis business with a valid development/operating agreement, the owners of the new Packet Page 331
business, New owners of existing operations will be required toshall apply to the City for transfer of such development/operating agreement. The City Council shall have the authority to approve or deny any transfer. and otherwise meet the requirements set forth in Section 19.02, including but not limited to, business operations plan, contact information, community benefits and security plan. The City Council may review such transfer applications in its discretion.
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.D.
TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Samantha Alcaraz, Acting Human Resources Director
DATE: September 19, 2024
SUBJECT: ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH
COLIN BAENZIGER & ASSOCIATES FOR THE EXECUTIVE
SEARCH SERVICES FOR THE POSITION OF CITY MANAGER IN
AN AMOUNT NOT TO EXCEED $39,650.00
RECOMMENDATION
Adopt a resolution authorizing the City Manager to enter into an agreement with Colin Baenziger & Associates for the executive search services for a new City Manager for an amount not to exceed $39,650.00.
BACKGROUND
The Human Resources/Risk Management department issued a Request for Statements of Qualifications on July 30, 2024, for an executive recruitment firm to assist in the executive search process for City Manager. The deadline for submission of the statements of qualifications was extended to September 2, 2024. The City received interest from the following firms:
Kof & Associates, Mosaic Public Partners, Colin Baenziger & Associates, and Strategic Government Resources.
The cost proposals ranged in price from $25,000 - $39,500. A Closed Session Meeting on September 5th, made up of the Mayor, Mayor Pro Tem, Council Member Garcia Arrazola, Council Member Miller, Council Member Birks, City Attorney Daman, and Acting Human Resources Director, Samantha Sakhrani, reviewed the top three selected proposals.
Based on their extensive experience and nationwide success and detailed approach to Packet Page 333
Item No. 10.D. Page 2 of 2
the recruitment and background process, Colin Baenziger & Associates received a unanimous vote. The Consultant has a fixed price of $39,500, which includes all the expenses incurred in the search for a City Manager except for a one-night hotel stay for the Colin Baenziger & Associates representative, to facilitate the final interviews.
FISCAL IMPACT
The total cost for the City Manager search process is $39,500, which is a fixed fee plus the estimated cost of one night lodging expense for the representative. It is recommended not to exceed the cost of $39,650.
The cost of this agreement was included in the 2024/2025 Adopted Budget.
ATTACHMENTS
1. Resolution for CM Recruitment
2. CBA Proposal for Seaside CA - City Manager search - 2024.08.29
3. CB&A Appendices for Seaside, CA - 2024.08.29
4. CBA_City of Seaside Contract Agreement_Vendor Signed Reviewed for Submission to the City Council by:
________________________________________
Craig Malin, Interim City Manager
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Meeting Date: x/xx/xx
Item #: X.X.
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH COLIN BAENZIGER & ASSOCIATES FOR EXECUTIVE SEARCH SERVICES FOR AN AMOUNT NOT TO EXCEED $39,650
WHEREAS, City Manager Jaime Fontes was released effective June 7, 2024; and WHEREAS, Craig Malin a retired annuitant was hired on a limited part-time position to work no more than 960 hours as City Manager effective August 1, 2024; and WHEREAS, use of a professional executive recruiter is a common and preferred method of conducting a recruitment for the position of City Manager; and WHEREAS, the City’s Human Resources/Risk Management Department issued a Request for Statements of Qualifications; and
WHEREAS, Colin Baenziger & Associates, Strategic Government Resources, Koff and Associates, and Mosaic Public Partners responded to a Request for Statements of Qualifications released by the Department; and
WHEREAS, Colin Baenziger & Associates was selected based on their extensive experience, success, and detailed approach to the recruitment and background process; and
WHEREAS, staff budgeted for the additional recruitment expenses in the FY 2024/2025 account; and
WHEREAS, the not to exceed value of the contract is $39,650, which exceeds the City Manager purchasing authority.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorizes the City Manager to sign a contract with Colin Baenziger & Associates for executive recruitment services.
PASSED AND ADOPTED at a regular City Council meeting of the City Council of the City of Seaside duly held on the 19th day of September, 2024, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
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APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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PROPOSAL TO PROVIDE EXECUTIVE RECRUITMENT SERVICES
FOR
THE CITY OF SEASIDE, CA
Volume I: Proposal
Submitted on: August 29, 2024
Colin Baenziger & Associates
Contact Person:
Colin Baenziger (561) 707-3537
Colin Baenziger & Associates
2055 South Atlantic Avenue • Suite 504
Daytona Beach Shores, FL 32118
e-mail: [email protected]
Fax: (888) 635-2430
…Serving Our Clients with a Personal Touch…
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PROPOSAL TO PROVIDE
EXECUTIVE SEARCH FIRM SERVICES
TABLE OF CONTENTS
SECTION PAGE
LETTER OF INTEREST
I. QUALIFICATIONS AND EXPERIENCE OF THE FIRM 3
The Firm
Technical Capabilities and Organizational Structure
Completion of Projects within Budget
Completion of Projects on Schedule
Diversity
Prior Names and Litigation
Insurance
Overall Executive Search Experience
II. PROPOSED WORK PLAN 7
Search Methodology
The City’s Obligations
Project Schedule
III. PROPOSED PROJECT TEAM 15
Project Team and Involvement
Resumes of Key Staff
IV. REFERENCES 17
V. FEE AND WARRANTY 19
VI. INSURANCE 21
VOLUME II
APPENDIX A: ALL GOVERNMENTAL SEARCH ASSIGNMENTS A-1
APPENDIX B: SAMPLE RECRUITMENT BROCHURE B-1
APPENDIX C: SAMPLE CANDIDATE REPORT C-1
APPENDIX D: RESOLUTION OF ST. JOHNS COUNTY, FL D-1
APPENDIX E: COMMENTS ON CB&A’S VETTING PROCESS E-1
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DAYTONA BEACH SHORES, FL GRAND JUNCTION, CO PENSACOLA, FL OGDEN, UT August 29, 2024
The Honorable Mayor Ian Oglesby, Mayor Pro Tem Dave Pacheco, and Councilmembers Rita Burks, Alexis Garcia-Arrazola, and Alex Miller
Attn: Ms. Samantha Alcaraz Sakhrani, Acting Human Resources Director/Risk Manager [email protected]
City of Seaside City Hall
440 Harcourt Avenue
Seaside, CA 93955
The Honorable Mayor Oglesby, Mayor Pro Tem Pacheco, and Councilmembers Burks, GarciaArrazola, and Miller:
Colin Baenziger & Associates (CB&A) would like to thank you for the opportunity to submit this proposal to assist in finding your next City Manager. While selecting key personnel is never easy, CB&A has developed a problem-free process that has been tested across the country and found to be extremely effective.
CB&A is a municipal recruiting firm with a national reach. We have conducted assignments from Florida to Alaska and Maine to California. We pride ourselves on providing not just high-quality results, but, equally important, providing a great deal of personal attention to each of our local government clients. To conduct a proper recruitment, we feel the project manager must do more than just drop by occasionally. He/she must get to know the appropriate government officials and the community firsthand. That effort takes time, but it is the only way to ensure the candidates we recommend are well qualified and a good fit for your community. As a result, we only take a few clients at a time and focus on getting the job done properly. Further, we routinely complete our work in sixty to ninety days. This timeframe includes preparation of recruitment and advertising materials, candidate outreach, candidate screening, finalist interviewing, and selection. We also offer one of the better warranties in the industry.
Nationally we have found City Managers for Ankeny, IA; Bellevue, WA; Doraville, GA; Fayetteville, NC; Portland, ME; Roanoke, VA; Scottsdale, AZ; Tacoma, WA; Thornton, CO; and Winchester, VA. We have also found the Borough Manager for Matanuska-Susitna Borough, Packet Page 339
DAYTONA BEACH SHORES, FL GRAND JUNCTION, CO PENSACOLA, FL OGDEN, UT Alaska (a county the size of West Virginia) as well as County Managers for Brevard County, FL; Clackamas County, OR; Clay County, FL; El Paso County, TX; James City County, VA; Polk County, IA; St. Lucie County, FL; St. Johns County, FL; and Union County, NC.
Some of our current searches include City Managers/Administrators for Crystal River, FL, Davenport, IA, Eagle Mountain City, UT, Fernandina Beach, FL, and Fruitland Park, FL; Assistant County Manager for Douglas County, NV; City Attorneys for Deltona, FL and Moline, IL, and a Human Resources Director for St. Johns County, FL.
Those authorized to bind the company are myself, Colin Baenziger, Senior Consultant Scott Krim, and Senior Vice President for Operations Lynelle Klein.
We look forward to formally presenting our credentials and working with you in the near future.
If you have any questions, please feel free to contact me at (561) 707-3537.
Sincerely,
Colin Baenziger
Principal / Owner
…Serving Our Clients with a Personal Touch…
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I. Qualifications and Experience of the Firm
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The Firm, Its Philosophy, & Its Experience
Colin Baenziger & Associates (CB&A) is a nationally recognized executive recruiting firm established in 1997 and owned and operated by Colin Baenziger. We are a sole proprietorship headquartered in Volusia County, FL with satellite offices in Grand Junction, CO, Live Oak, FL, Ogden, UT, and Pensacola, FL. As a sole proprietorship, we are not registered with any state as a corporation, foreign or otherwise.
Colin Baenziger & Associates’ outstanding reputation is derived from our commitment to the quality of our product and the timeliness of the delivery. Further, our work is not done until you are fully satisfied. That means we go the extra mile and, at times, expend more effort and energy than originally anticipated in our action plan. When we do so, we do not ask for more than the originally quoted price. We feel you are hiring us as your experts and once a contract is signed, we have an obligation to fulfill its requirements with excellence, on time, and within budget. We simply do not believe in unforeseen circumstances.
Since beginning our executive search practice in 1998, we have conducted searches for clients in thirty-four states. Overall, we have sought over 230 CEOs for cities, counties, and special districts.
We have also conducted over 415 searches overall. The basic approach outlined herein has been refined to the point where it is problem-free.
Technical Capabilities and Organizational Structure
Colin Baenziger & Associates has developed its business model over the past 26 years, and it has proved to be extremely effective. Our work has focused primarily on Executive Search and our staff is extremely capable and experienced. See Section III for more details. The structure of our firm is outlined below.
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I. Qualifications and Experience of the Firm (continued) - 4 -
Completion of Projects within Budget
Colin Baenziger & Associates is proud of its record of completing searches within budget. Once we quote a price to the client, that price is what the client will pay, no matter how difficult the search is or what circumstances may develop. We have never requested anything beyond the originally quoted price, even when we were probably entitled to do so, and we never will.
Completion of Projects on Schedule
Colin Baenziger & Associates routinely completes its assignments within ninety days. Further, since CB&A began performing recruitments, it has never missed a significant project milestone.
Diversity
CB&A has extensive contacts with individuals and organizations representing women and minorities.
We are thus able to identify and bring a diverse group of finalists to the City. The proof is that since 2012, 38% of the candidates selected as semi-finalists have been females and/or minorities. Some years have been as high as 52%.
Prior Names and Litigation
Colin Baenziger & Associates has always operated under its current name and has never been involved in any litigation, except to testify as an expert witness on behalf of one of the parties. Our performance has never been questioned nor have we or any of our clients been involved in any legal action as a result of our work.
Insurance
To protect our clients, Colin Baenziger & Associates maintains the following insurance coverages:
(1) general liability insurance of $2 million combined single limit per occurrence for bodily injury, personal injury, and property damages, (2) automobile liability insurance of $1 million per accident, and (3) professional liability insurance of $1 million per occurrence and $2 million aggregate. Further, we carry the required workers compensation insurance for all our employees.
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I. Qualifications and Experience of the Firm (continued) - 5 -
Geographic Reach
Since initiating its search function in 1998, CB&A has become a nationwide recruiting firm. See Figure I below for the states we have conducted searches in 35 states. A complete list of our searches can be found in Appendix A.
Figure I: We have served clients in the states highlighted in blue.
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II. Proposed Work Plan
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The following search methodology has been refined over the past twenty-six years and is virtually foolproof. That said, we will integrate any ideas you have into the process to the extent possible.
Our goal is to ensure you have the right people to interview as well as all the information you need to make the right decision.
Phase I: Information Gathering / Needs Assessment / Brochure Preparation Task One: Needs Assessment
An important part of the recruiter’s work is selling the community to the very best candidates (including those who are not actively looking for the next job) while providing an honest portrayal of the community and the opportunity. As such, CB&A must first determine the needs of the client and the characteristics of the ideal candidate. Our approach is as follows:
• Gather information from the jurisdiction, its website and other sources; • Interview the elected body and other key parties (such as City staff). Our goal is to develop a strong sense of your organization, its leadership, its short- and long-term expectations, and its challenges;
• Determine the characteristics of the ideal candidate. These will include experience, longevity, education, personality, demeanor, skills, and achievements as well as other items you and the community consider important;
• Determine a reasonable compensation package; and
• Finalize the timeline with the City so both the elected body and the candidates will know when the interviews will be held and when they need to be available.
If the City wishes, we will gladly incorporate meetings with other stakeholders (such as the business community, non-profit organizations, the religious community, and so on) to gather their insights. We can also solicit the input of your residents through an on-line survey.
Task Two: Develop Position Description and Recruitment Materials Based on the information we gather, CB&A will next develop a comprehensive recruitment profile for your review. We will then incorporate any additional suggestions you may have and finalize the document. A sample profile is included as Appendix B. Other examples can be found on our firm’s website under the “Executive Recruitments” / “Active Recruitments” tabs.
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II. Proposed Work Plan (Continued)
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Phase II: Recruitment
Task Three: Recruit Candidates
CB&A uses a number of approaches to identify the right people for your position. We say people (and not person) because our goal is to provide you with six to ten outstanding semi-finalists. You then select the top three to five people to interview and ultimately choose the candidate who is the best fit with you and your community. The approaches we use are:
• Networking: The best approach is diligent outreach. We will network with potential candidates and consult our database of government professionals. As we identify outstanding candidates (many of whom are not in the market), we will approach them and request that they apply. Often excellent candidates are reluctant to respond to advertisements because doing so may alienate their current employers. • Advertising: While we will network to find the best, we will not ignore professional organizations and trade press which sometimes yield strong candidates. These might include the International City/County Management Association, California City Management Foundation, Municipal Management Associations of Northern and Southern California, LinkedIn, and sites aimed as female and minority candidates. • CB&A Website: We will also post the recruitment on our website, www.cb-asso.com.
With our reputation, many candidates consult it regularly. • Email: We will e-mail the recruitment profile through our listserv of over thirteen thousand managers and professionals who are interested in local government management positions.
One of the advantages of e-mail is that if the recipient is not interested, he/she can easily forward the recruitment profile to someone else who may be interested.
We generally do not use local newspapers, national newspapers, or generic websites because while they produce large numbers of applications, they generally do not produce the caliber of candidates we are seeking. If the City wants to have ads placed in these venues, it will need to bear the cost.
Phase III: Screening and Finalist Selection
Task Four: Evaluate the Candidates
Based on our most recent recruiting efforts, we anticipate receiving resumes from forty to sixty applicants. We will use the information we developed in Phase I to narrow the field. Selecting strong candidates is, in reality, more of an art than a science and a mixture of in-depth research and subjective evaluation. While we consider standard ranking factors and the elements of the job, ultimately the most important factor is who we believe will be an outstanding fit with the City and the community as your next City Manager.
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II. Proposed Work Plan (Continued)
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Specifically, our efforts will involve:
Step One. Resume Review. CB&A will evaluate all resumes and identify the eight to fifteen candidates of the highest quality.
Step Two. Screening Interview. Our lead recruiters, and possibly other senior representatives of the firm, will interview each of the top candidates. Using what we learned in Phase I and our experience as managers and recruiters, as well as our unique ability to assess candidates, we will determine whether to consider each candidate further.
Step Three. Evaluate the Best Candidates. We will conduct thorough research into the backgrounds of the best six to twelve candidates. Specifically, CB&A will:
• Ask the Candidates to Prepare a Written Introduction: We will ask the candidates to answer a series of questions about themselves as an adjunct to their resumes and cover letters. By so doing, (1) the candidates can tell their story in their own words and balance the negativity that is so often characteristic of the press, and (2) the City to evaluate the candidates written communication skills. • Interviews of References: We provide the candidate with a list of references with whom we wish to speak. These will include current and former elected officials, the municipal attorney, the external auditor, staff members, peers, news media representatives, the director of the local chamber of commerce, community activists, the Human Resources Director they work with, and others who know the candidate. All told, the list will include approximately 20 individuals. We will also attempt to contact some individuals who are not on the candidate’s list. Typically, we reach eight to twelve people and prepare a written, approximately page long summary of each conversation.
• Legal Checks: Through our third-party vendor, American DataBank, we will conduct the following checks: criminal records at the county, state, and national level; civil records for litigation at the county and federal level; motor vehicle records; and bankruptcy and credit. As an aside, while only police departments have access to the gold standard for criminal records (the NCIC database), our vendor has developed a very reliable substitute.
• Search the Internet, Newspaper Archives, and Social Media: Virtually every local newspaper has an electronic archive that provides stories about perspective candidates, the issues they have dealt with, how they resolved them and the results.
These articles can also provide valuable insights into the candidate’s relationship with the public and the governing body. Of course, not all news sources are unbiased, and we consider that in our evaluation. Further, we will review the candidate’s social media accounts.
• Verification of Education and Work History: We will verify all claimed educational degrees, as well as the candidate’s work history for the past 15 years to ensure the candidate has been completely forthright.
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II. Proposed Work Plan (Continued)
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• Candidate Disclosure Statement: We ask candidates to disclose anything controversial in their background that we need to be aware of. While it is unlikely that they will disclose anything we are not already aware of at this point, we believe redundant checks are beneficial.
As part of our efforts, we will crosscheck sources, search for discrepancies, and resolve them.
When sensitive or potentially embarrassing items are discovered, they will be thoroughly researched. Depending on what we discover, we may decide to drop the candidate or to present them with an explanation.
Note: We firmly believe that all background work and checks should be completed prior to presenting them to you. That way you will know the individuals you select to interview are all top performers and do not have anything embarrassing in their pasts that might come to light after selection. It also means that once you have made a selection, you can move forward promptly, negotiate a contract and make an announcement.
Task Five: Preparation and Presentation of Candidate Materials CB&A will select six to ten candidates and present them for your consideration as finalists. We will provide you electronically a complete written report for each recommended candidate which will include: the candidate’s cover letter, resume, introduction, references, background checks and internet / newspaper archive search results. A complete sample candidate report is included as Appendix C. We will also provide advice on interviewing, a series of questions the elected officials may wish to ask (as well as outlining questions that are not appropriate to ask), and some logistical information.
Task Six: Finalist Selection
Approximately a week after the City has received the candidate materials, CB&A will meet with the elected officials to discuss our findings and to select finalists (ideally five with an alternate) to be invited to interview.
Task Seven: Notify All Candidates of Their Status
We will notify the finalists by telephone and give them the opportunity to ask additional questions.
Additionally, we will provide them with information concerning the interviews and travel if necessary.
CB&A will also contact those not selected to be interviewed. Part of the notification will include advice concerning their application materials, even though they were not selected to go forward, they will have gained something valuable from participating in the process.
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II. Proposed Work Plan (Continued)
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Phase IV: Coordinate the Interview Process and City Manager Selection Task Eight: Coordinate the Candidate Assessment Process Prior to the interviews, we will recommend an evaluation process including mechanisms to assess the candidates’ communication skills, interpersonal skills, and decision-making skills. Typically, we suggest the Council observe the finalists in three settings: a social setting (since the selected candidate will frequently represent the City at community functions), one-on-one interviews, and a Council meeting.
Day #1: The finalists are given a tour of the community by a knowledgeable staff member or resident. Communities often also include a reception with the City’s senior staff at this point.
Later, that evening, the Council can host a reception for the candidates. The purpose is to observe how the finalists respond to a social situation. As noted, your next City Manager will, after all, represent your local government in a variety of venues. It is thus important to know how the individual will respond to your citizenry. The reception also serves as an icebreaker whereby the Council Members and the candidates get to know one another informally.
Day #2: The next morning, each candidate will interview individually with each Council Member for approximately 40 minutes. These meetings provide you with an opportunity to assess how the candidates might interact with you on an individual basis. Ultimately, Managers succeed or fail based on their interaction with the Council and its individual members. One-on-one interviews are an excellent way to test that interaction.
After lunch, the Council, as a group, will interview each finalist one at a time for approximately 30 minutes. Part of the interviews might include a PowerPoint presentation, so the Council can observe the candidates’ presentational skills.
We recommend you invite the finalists’ spouses to the interviews, so they can become familiar and feel comfortable with the community.
Finally, if it would make you feel more comfortable, we can recommend several third-party management and personality assessment tools that the City can use to provide additional input.
They are available at a relatively small cost and are not included in our fee.
Task Nine: Debriefing and Selection
After the interviews are completed, we have developed a simple methodology that moves the elected body quickly and rationally to selecting your next Manager.
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II. Proposed Work Plan (Continued)
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Phase V: Negotiation and Continuing Assistance
Task Ten: Notification, Contract Negotiations and Warranty If requested, we will assist in the employment agreement negotiations. Generally, a member of the elected body and the attorney conduct the actual negotiations while we provide advice and assistance concerning the compensation package and contract. We can also take the lead role in the negotiations if desired. We have a standard contract you are welcome to use with the selected candidate. Your attorney, of course, will prepare the final contract. Since the basic parameters will have been discussed with the candidates, and the candidates have been thoroughly vetted, we expect prompt agreement.
Task Eleven: Continuing Assistance
Our work is not done when the contract is executed. We will stay in touch with you and your new City Manager. Our goal is to be there to assist in resolving any issues that arise before they become intractable. We simply feel it is part of our job to ensure a successful relationship.
Communications: We will provide weekly reports about the status of the search, in writing or by phone, depending upon your preference. At significant milestones we will make the reports in person. We are also available at any time, day or night, to address any questions you have along the way. To do so, we will provide you with our cellphone numbers and you should feel comfortable contacting us whenever you have a question whether it is directly related to the search or, for that matter, anything else related to local government. We are, in addition to being exceptional recruiters, students of local government, and can often provide insights and names of parties who have dealt a wide variety of issues, often with innovative solutions. We want to be responsive and to assist in any way we can.
The City’s Obligations
The City will be responsible for providing the facilities for the interview process, coordinating lodging for candidates from outside the area, and making arrangements for the reception. The City will also be responsible for reimbursing the candidates (and spouses, if invited) for all expenses associated with their travel, meals, and incidentals for the interview process.
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II. Proposed Work Plan (Continued)
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Proposed Project Schedule
The following is the schedule we would suggest and assumes CB&A is selected to complete the search on September 19th. It can be adjusted based on the availability of the Mayor and Council.
Phase I: Needs Assessment / Information Gathering
September 27th: CB&A begins meeting with the Council Members and other stakeholders to understand the job and its challenges.
October 8th: CB&A submits the draft of the full recruitment profile to the City for its review.
October 15th: City provides comments on the recruitment profile.
Phase II: Recruiting
October 18th: CB&A posts the full recruitment profile on its website and submits it to the appropriate publications. It is also e-mailed to over 13,500 local government professionals.
November 8th: Closing date for submission of applications.
November 13th: CB&A reports on the results of the recruitment.
Phase III: Screening, Reference Checks and Credential Verification December 17th: CB&A forwards its reports and materials to the City for the recommended candidates. These will include the candidates’ cover letters, resumes and introduction as well as the results of our reference, background, and Internet/newspaper archives/social media checks.
December 23rd: City selects approximately five finalists and an alternate to interview.
Phase IV: Interview Process Coordination and City Manager Selection January 2nd: City holds reception for the finalists.
January 3rd: One-on-one and full Council interviews and decision.
Phase V: Negotiation, Warranty & Continuing Assistance
Post-Selection: CB&A works with City representatives and the selected candidate on an employment agreement.
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III. Proposed Project Team
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Project Team and Involvement
Colin Baenziger & Associates has assembled an outstanding project team to serve your needs.
Colin Baenziger will have overall responsibility for the execution of the search. Mr. Baenziger has spent ten years in local government as a senior manager and over 30 years as a consultant. In addition to his 25 years in executive search, he specialized in operational reviews of governmental agencies and private sector clients such as the Recording Industry Association of America, and the Marriott Corporation. Mr. Baenziger has a master’s degree with distinction in public administration from Cornell University’s Graduate School of Management, and a Bachelor of Arts degree from Carleton College.
He is also active in the International City Management Association and the Florida City and County Management Association.
Lynelle Klein, Senior Vice President for Operations, is a skilled professional with extensive expertise in executive search. Starting as a research assistant with CB&A 12 years ago, she has now firmly established herself as the number two person at CB&A. Prior to joining the firm, she worked primarily in the private sector providing financial and administrative services. Ms. Klein has an associate degree from Brigham Young University in Rexburg, Idaho. She currently resides in Mesa County, CO.
Stephen Sorrell, Senior Vice President, brings over 35 years of management and technical experience in municipal, county, state, and special district agencies in addition to his work with Colin Baenziger & Associates (CB&A). Some of the leadership positions Steve has held include serving as Executive Director, Emerald Coast Utilities Authority in Pensacola, Florida, and as City Manager, Director of Public Safety, Assistant City Manager, and Director of Finance, all for Hamilton, Ohio. He is a P.E. and earned a Bachelor of Science in Civil Engineering Degree from the University of Dayton, Ohio, and Master of Public Administration Degree from the University of Cincinnati, Ohio. He is a member of the International City/County Management Association, Florida City/County Management Association, Florida Finance Officers Association, American Water Wastewater Association, President of the Exchange Club, President of the Safety Council, Chairman of the Neighborhood Watch Program, and served on the Board of Directors for Senior Services and the Chamber of Commerce. One day, he hopes to slow down – just not yet.
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III. Proposed Project Team (continued)
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Ron Williams, Senior Vice President. While Mr. Williams is technically relatively new to CB&A, he worked with the firm in its infancy and helped develop the operating methodology that has led to our growth and success. His public sector career began as a budget analyst for the City of Miami and culminated as the City Manager for Palmetto Bay (an affluent suburb of Miami, FL with 24,000 residents) and then for Live Oak (a rural city of 7,000 about 100 miles west of Jacksonville, FL). Along the way, he served in high level positions in the juvenile justice, public works, and general services. What excites him now is finding the people you need to fill your key positions, and he is exceptionally good at it. Ron has a Bachelor of Science in Management and a Master’s Degree in Public Administration from the University of West Florida. He has also taught at Miami Dade College and in the County’s public school system.
Rick Conner, Senior Vice President, has over 30 years of experience in executive recruiting and in local government (serving as a city manager in Florida and Texas) as well as a public works and utilities director. That experience provides him with an excellent perspective of the needs of local government operations and staffing. Rick earned Bachelor of Science Degrees in Business Administration and Engineering from the University of Missouri. He is a Registered Land Surveyor and a Professional Engineer in Missouri, as well as a Professional Engineer in Florida, Tennessee, and Texas. In his spare time, he invents scuba diving equipment and accessories.
G. Scott Krim, Senior Consultant, has 20 years’ experience in the public and private sectors and offers an abundance of managerial and analytical experience. He is a versatile leader with proven expertise in operations optimization, personnel selection and retention, and internal / external stakeholder relationships. Prior to joining our firm, Scott worked for five years in Utah's District Courts. He is a member of the Association for Public Policy Analysis & Management, the Society of Human Resource Management, and the American Communication Association. Scott has a Master of Public Administration (emphasis in state and local government) from Southern Utah University, and a Bachelor of Science in Organizational Communication from Weber State University in Ogden, Utah. Scott is a certified Professional and Technical Writer.
Packet Page 354
IV. References
- 17 -
City Administrator, Bradenton, FL (population: 55,509)
Contact: Mayor Gene Brown at (941) 932-9450, or
[email protected]
CB&A was hired in March of 2021 to find the next City Administrator for Bradenton, Florida. The City was in the process of transitioning from an Administrator type of government to a City Manager form. While they had done much of the preliminary work, they were waiting until the next Administrator was hired to complete the process. Our work included searching for just the right person, completing background checks, recommending finalists for the City to interview, and assisting with contract negotiations. Rob Perry, former Chief Administrative Officer for the City of Albuquerque, New Mexico, was selected. He remains with the City.
City Manager, Fircrest, WA (population 7,215)
Contact: Mayor Brett L. Wittner at (253) 312-8556 or [email protected] Brimming with Pacific Northwest charm, the City of Fircrest is known for its welcoming parks, popular festivals and recreation programs, peaceful neighborhoods, engaging Police Department, and charming small businesses. CB&A was hired right before Christmas 2022 to find their next City Manager. We began work on January 11, 2023. We created the recruitment profile, advertised the position, interviewed the candidates, conducted thorough background checks, and recommended finalists. The interviews were held on April 21, 2023. The Council had never been through an interview process quite like ours and were very complimentary of it. The City selected Dawn Masko, former Finance Director for Pacific, WA, and the City is well pleased with her performance. She remains with the City.
City Manager, Mill Creek, WA (population: 20,930)
Contact: Mayor Brian Holtzclaw at 425-745-1891 or
[email protected]
Councilmember Melissa Duque at
[email protected]
CB&A was selected in March 2022 to assist the City in finding its next City Manager. As part of our work, we interviewed the City Council to determine what they were looking for in a City Manager, conducted extensive outreach networking to local and regional governments, thoroughly researched the backgrounds of the top applicants, provided the materials to the City, and then coordinated the interview process. Martin Yamamoto, former Deputy City Manager for Mill Creek, Washington, was selected on June 28, 2022.
He remains with the City.
Packet Page 355
IV. References (continued)
- 18 -
Candidate References
While it is important to deliver what the City expects, it is also important to keep candidates informed and to treat them with respect and dignity. Accordingly, we have provided references from five of those candidates.
Placement Recruited To Be Contact at
Dale Martin
Former City
Manager for
Winchester, CT
City Manager, Fernandina Beach, FL
Appointed September 2015. He left in
February 2023 and is currently the City
Manager of Flagler Beach, FL.
(904) 557-5047
[email protected]
Eden Freeman
Former Assistant
City Manager for
Sandy Springs, GA
City Manager, Winchester, VA
Appointed June 2014, she left in March
2020. She returned to Sandy Springs as
the City Manager in January 2022.
(404) 683-4816
Bryan Hill
Former Deputy
Administrator for
Beaufort County, SC
Administrator, James City County, VA
Appointed July 2014. Hired as the Fairfax
County, VA, CEO in January 2018.
(843) 368-7458
Chris Morrill
Former Assistant
City Manager for
Savannah, GA
City Manager, Roanoke, VA
Appointed December 2009. Hired as the
Executive Director of the Government
Finance Officers Association in 2017.
(843) 368-7458
Raymond “Boz”
Bossert, Jr.
Former Village
Administrator for
Port Edwards, WI
General Manager, Sun ‘N Lake of Sebring
Improvement District, FL
Appointed July of 2023 and remains with
the District.
(706) 215-4567
Packet Page 356
V. Fee and Warranty
- 19 -
Fee
CB&A offers a firm, fixed price of $39,500, which includes all the expenses we will incur in the search with one exception. The City will make a reservation and pay for one night’s stay for the CB&A representative in the same hotel as the finalists when they come to interview for the City Manager position so we can help facilitate the final stage of the recruitment process. The only other expenses the City will incur are those associated with bringing the finalists (and spouses, if invited) to interview with the City (travel, meals, hotel etc.). Bills will be rendered as the search progresses and due at the end of each Phase as indicated below:
Requested Services
Phase I: Needs Analysis / Information Gathering $ 4,000 Phase II: Recruiting 16,000
Phase III: Screening 16,000
Phase IV: Interview Process Coordination and Selection 2,500 Phase V: Negotiation and Warranty 1,000
Firm, Fixed Fee Total* $39,500
If the City asks us to perform work that is clearly beyond the scope of this proposal, it will be billed at a rate of $150 per hour. No such work will be performed without your written authorization. Please note, as previously stated, that we have never billed nor requested additional funds beyond our originally quoted fee – even when circumstances suggested we were entitled to them and where the work we performed extended beyond the scope of our assignment.
Warranty
Colin Baenziger & Associates offers one of the best warranties in the industry. We can offer it because we have confidence in our work. Provided we conduct the full search (Phases I-V), follows our recommendations, and selects from among the candidates we recommend, we warrant the following:
1) We will not approach the selected candidate for any other position as long as the individual is employed by the City.
2) If the selected individual leaves for any reason other than an Act of God (such as total incapacitation or death) within the first year, CB&A will repeat the search for the reimbursement of our expenses only.
3) If you are not satisfied with the candidates we present, CB&A will repeat the search until you are satisfied.
4) Our price is guaranteed and will not be exceeded for any reason, even if conditions change after the contract is executed.
Packet Page 357
- 20
-
Packet Page 358
VI. Insurance
- 21 -
Packet Page 359
VI. Insurance (continued)
- 22 -
Packet Page 360
PROPOSAL TO PROVIDE EXECUTIVE RECRUITMENT SERVICES
FOR
THE CITY OF SEASIDE, CA
Volume II: Appendices
Colin Baenziger & Associates
Contact Person:
Colin Baenziger (561) 707-3537
Colin Baenziger & Associates
2055 South Atlantic Avenue • Suite 504
Daytona Beach Shores, FL 32118
e-mail: [email protected]
Fax: (888) 635-2430
…Serving Our Clients with a Personal Touch…
Packet Page 361
PROPOSAL TO BE THE CITY’S
EXECUTIVE RECRUITING FIRM
TABLE OF CONTENTS
PAGE
APPENDIX A: ALL GOVERNMENTAL SEARCH ASSIGNMENTS A-1
APPENDIX B: SAMPLE RECRUITMENT BROCHURE B-1
APPENDIX C: SAMPLE CANDIDATE REPORT C-1
APPENDIX D: RESOLUTION OF ST. JOHNS COUNTY, FL D-1
APPENDIX E: CB&A’S VETTING PROCESS FROM DALE MARTIN E-1 Packet Page 362
Appendix A
Searches by
Colin Baenziger & Associate’ Staff
Packet Page 363
Governmental Search Assignments
A-1
Current Searches
City Manager, Crystal River, FL (population 3,485)
City Administrator, Davenport, IA (population 101,724)
Assistant County Manager, Douglas County, NV (population 49,628) City Administrator, Eagle Mountain City, UT (population 63,689) City Manager, Fernandina Beach, FL (population 13,052)
City Manager, Fruitland Park, FL (population 9,043)
City Attorney, Deltona, FL (population 98,528)
City Attorney, Moline, IL (population 41,654)
Human Resources Director, St. Johns County, FL (population 334,173) Completed Searches in 2024
City Manager, Deltona, FL (population 98,528)
County Administrator, Dougherty County, GA (population 84,364) City Manager, Lake Helen, FL (population 2,871)
City Manager, Sunnyside, WA (population 16,150)
City Manager, Pascagoula, MS (population 21,330)
City Manager, Thornton, CO (population 144,388)
Public Works and Utilities Director, Bradenton, FL (population 56,730) Corporation Counsel, Davenport, IA (population 101,724) Economic Development Director, St. Johns County, FL (population 334,173) Executive Director, Salt Lake Valley Emergency Communications Center, UT (estimated population served 900,000)
Packet Page 364
Governmental Search Assignments (continued)
A-2
Completed Searches Prior to 2024
City/Town/Village Manager/Administrator
City Manager, Albany, GA (population 75,600) in 2011
City Manager, Ankeny, IA (population 45,600) in 2013
City Manager, Ashland, KY (population 21,000) in 2013
City Manager, Auburn, AL (population 58,582) in 2017
City Manager, Aventura, FL (population 37,724) in 2017 and 2018 Village Manager, Bal Harbour, FL (population 3,300) in 2013 City Manager, Bartow, FL (population 16,000) in 2007 in 2017 and 2022 Town Manager, Bay Harbor Islands, FL (population 5,628) in 2007, 2012 and 2020 City Manager, Belle Isle, FL (population 7,344) in 2023 City Manager, Bellevue, WA (population 122,400) in 2014 City Administrator, Bradenton, FL (population 60,888) in 2021 City Manager, Brighton, CO (population 41,254) in 2020
Town Manager, Buckeye, AZ (population 32,000) in 2006
City Manager, Burien, WA (population 55,188) in 2017
City Manager, Cape Canaveral, FL (population 10,200) in 2010 City Manager, Cape Coral, FL (population 194,570) in 2012 and 2020 City Manager, Carnation, WA (population 1,873) in 2017
City Manager, Casselberry, FL (population 25,000), in 2005 City Manager, Chamblee, GA (population 17,000) in 2011
City Manager, Clewiston, FL (population 7,270) in 2019
City Manager, Cocoa Beach, FL (population 11,200) in 2012, 2015 and 2016 City Administrator, Connell, WA (population 4,200) in 2014 City Manager, Cooper City, FL (population 32,000) in 2008 and 2023 City Manager, Coral Gables, FL (population 43,000) in 2009 City Manager, Cottonwood Heights, UT (population 34,000) in 2004 City Manager, Covington, VA (population 5,802) in 2016
City Manager, Crescent City, FL (population 1,542) in 2020 Town Manager, Cutler Bay, FL (population 35,000) in 2006 City Manager, Dania Beach, FL (population 28,000) in 2009 City Manager, Danville, VA (population 43,000) in 2016
City Manager, Deerfield Beach, FL (population 78,000) in 2019 City Manager, Delray Beach, FL (population 64,100) in 2014 City Manager, Deltona, FL (population 83,000) in 2006 and 2008 City Manager, Destin, FL (population 12,000) in 2003 and 2011 City Administrator, Dickinson, ND (population 22,300) in 2018 City Manager, Doral, FL (population 24,000), in 2004
City Manager, Doraville, GA (population 10,896) in 2013, 2017 and 2020 Town Manager, Dundee, FL (population 3,000) in 2006 and 2009 City Manager, Ellensburg, WA (population 18,350) in 2014 City Manager, Elmira, NY (population 29,200) in 2014
Village Manager, Estero, FL (population 26,600) in 2015 Packet Page 365
Governmental Search Assignments (continued)
A-3
City/Town/Village Manager/Administrator (continued)
City Manager, Fairborn, OH (population 33,200) in 2017
City Manager, Fayetteville, NC (population 208,000) in 2012 City Manager, Fernandina Beach, FL (population 11,000) in 2006, 2015, and 2023 City Manager, Fife, WA (population 8,700) in 2010
City Manager, Flagler Beach, FL (population 5,458) in 2023 City Manager, Fort Myers, FL (population 68,190) in 2016 Town Manager, Fort Myers Beach, FL (population 6,900) in 2006 and 2008 City Manager, Fort Pierce, FL (population 41,900) in 2012 City Manager, Fort Smith, AR (population 87,650) in 2016 City Manager, Fort Walton Beach FL (population 20,879) in 2023 City Manager, Fruitland Park, FL (population 4,100) in 2013 City Manager, Gainesville, FL (population 133,857) in 2016 and 2019 City Manager, Greensboro, NC (population 259,000) in 2009 City Manager, Groveland, FL (population 12,493) in 2018 City Manager, Hallandale Beach, FL (population 39,000) in 2010 and 2012 City Manager, Holly Hill, FL (population 13,000) in 2008 (partial search) City Manager, Homestead, FL (population 62,000) in 2010 City Manager, Indianola, IA (population 15,108) in 2015 Village Manager, Islamorada, Village of Islands, FL (population 7,500) in 1999, 2005, 2021 and 2022
City Manager, Jacksonville Beach, FL (population 23,387) in 2018 Town Manager, Juno Beach, FL (population 3,600) in 2005 and 2023 Village Manager, Key Biscayne, FL (population 11,000) in 2007 and 2011 City Manager, Key West, FL (population 24,600) in 2012
Town Manager, Lady Lake, FL (population 15,954) in 2021 City Administrator, Lake Forest Park, WA (population 13,059) in 2018 Town Manager, Lake Park, FL (population 9,100) in 2001 and 2003 City Manager, Lake Worth Beach, FL (population (38,010) in 2003, 2007 and 2021 Town Manager, Lantana, FL (population 9,600) in 2000 and 2021 City Manager, Lauderdale Lakes, FL (population 32,000) in 1998 and 2002 City Manager, Leesburg, FL (population 20,390) in 2013
City Manager, Madeira Beach, FL (population 12,300) in 2011 Town Manager, Mangonia Park, FL (population 1,400) in 2001 City Manager, Marathon, FL (population 11,500) in 2002 and 2004 City Manager, Marco Island, FL (population 15,000) in 2014 City Manager, Mascotte, FL (population 5,873) in 2021
City Manager, Medina, WA (population 3,000) in 2013
City Manager, Melbourne, FL (population 72,500) in 2012 City Manager, Miami Gardens, FL (population 101,000) in 2004 City Manager, Mill Creek, WA (18,828) in 2015 and 2022
City Manager, Miramar, FL (population 122,000) in 2013
City Manager, Monroe, NC (population 33,500) in 2013
City Manager, Montverde, FL (population 1,675) in 2020
Packet Page 366
Governmental Search Assignments (continued)
A-4
City/Town/Village Manager/Administrator (continued)
Town Manager, Mooresville, NC (population 41,995) in 2019 City Manager, Mount Dora, FL (population 12,000) in 2005 City Manager, Mount Pleasant, MI (population 26,000) in 2014 City Manager, Mountlake Terrace, WA (population 20,700) in 2014 and 2016 City Manager, Naples, FL (population 21,800) in 2018
City Manager, New Smyrna Beach, FL (population 23,000) in 2009 City Manager, Normandy Park, WA (population 6,335) in 2013 and 2015 City Manager, North Miami, FL (population 62,000) in 2010 and 2014 Village Manager, North Palm Beach, FL (population 12,500) in 2004, 2005, 2007 and 2012 City Manager, North Port, FL (population 55,800) in 2011 Town Manager, North Topsail Beach, NC (population 734) in 2018 City Manager, Norwich, CT (population 40,500) in 2016
Town Manager, Oakland, FL (population 5,400) in 2023
City Manager, Oakland Park, FL (population 42,800) in 2014 City Manager, Ocala, FL (population 52,000) in 2008 and 2015 Town Manager/Finance Director, Ocean Ridge, FL (population 1,830) in 2023 City Manager, Opa-Locka, FL (population 2,180) in 2019
City Manager, Orange City, FL (population 10,000) in 2010 and 2016 City Manager, Orange Park, FL (population 9,100) in 2010 City Manager, Oviedo, FL (population 33,000) in 2008
City Manager, Palm Bay, FL (current population 101,000) in 2002 and 2015 City Manager, Palm Coast, FL (population 71,000) in 2006 Village Manager, Palmetto Bay, FL (population 24,000) in 2003 City Manager, Panama City Beach, FL (population 12,776) in 2012 and 2019 City Manager, Parkland, FL (population 30,177) in 2017
City Manager, Petersburg, VA (population 32,701) in 2017 Village Manager, Pinecrest, FL (population 19,300) in 2011 City Manager, Pompano Beach, FL (population 101,000) in 2007 City Manager, Port Orange, FL (population 67,494) in 2021 City Manager, Port Richey, FL (2,869) in 2020 and 2023
City Manager, Port St. Lucie, FL (population 174,100) in 2016 City Manager, Portland, ME (population 65,000) in 2011
City Manager, Prosser, WA (population 5,802) in 2016
Chief Administrative Officer, Renton, WA (population 100,953) in 2021 City Manager, Riviera Beach, FL (population 37,000) in 2009 City Manager, Roanoke, VA (population 98,465) in 2009 and 2017 City Manager, Sammamish, WA (population 64,548) in 2019 City Manager, Sanibel Island, FL (population 7,319) in 2021 City Manager, Sarasota, FL (population 55,000) in 2012
City Manager, Satellite Beach, FL (population 10,100) in 2013 City Manager, Savannah, GA (population 142,800) in 2016 City Manager, Scottsdale, AZ (population 217,400) in 2013 City Manager, Sebastian, FL (population 24,772) in 2018 Packet Page 367
Governmental Search Assignments (continued)
A-5
City/Town/Village Manager/Administrator (continued)
City Manager, Seminole, FL (population 17,800) in 2015
City Manager, Sequim, WA (population 6,700) in 2015 and 2021 Town Manager, Sewall’s Point, FL (population 2,000) in 2006 Township Manager, Spring Garden Township, PA (population 12,963) in 2018 Township Manager, Springettsbury Township, PA (population 26,700) in 2014 and 2016 City Manager, St. Pete Beach, FL (population 10,000) in 2014 and 2019 City Manager, Stuart, FL (population 17,000) in 2006 and 2017 City Manager, Sunny Isles Beach, FL (population 17,000) in 2006 and 2011 City Manager, Sunrise, FL (population 84,400) in 2012
City Manager, Sunnyside, WA (population 15,860) in 2013 and 2018 Town Manager, Surfside, FL (population 6,000) in 2014
City Manager, Tacoma, WA (population 200,000) in 2011 and 2017 City Administrator, Tavares, FL (population 11,000) in 2006 City Manager, Temple Terrace, FL (population 26,901) in 2022 City Manager, Titusville, FL (population 43,940) in 2014 City Manager, Treasure Island, FL (population 6,937) in 2017 City Manager, Vero Beach, FL (population 16,751) in 2019 City Manager, West Melbourne, FL (population 15,000) in 2009 City Manager, West Park, FL (population 12,000) in 2005 and 2010 City Manager, Weston, FL (population 70,015) in 2019
City Manager, Winchester, VA (population 28,108) in 2014 and 2020 City Manager, Winter Haven, FL (population 37,900) in 2017 City Manager, Yakima, WA (population 91,000) in 2011 and 2012 Completed Searches - County Administrator / Manager
County Manager, Alachua County, FL (population 251,400) in 2014 County Manager, Baker County, FL (population 27,000) in 2006 County Administrator, Bay County, FL (population 158,000) in 2005 County Manager, Brevard County, FL (population 536,000) in 2009 County Administrator, Broward County, FL (population 1,800,000) in 2006 County Administrator, Clackamas County, OR (population 383,900) in 2013 County Manager, Clay County, FL (population 212,230) in 2005, 2011 and 2019 Chief Administrator, El Paso County, TX (population 827,700) in 2014 and 2016 County Administrator, Emmet County, MI (population 32,900) in 2014 County Manager, Flagler County, FL (population (83,000) in 2007 County Manager, Fulton County, GA, (partial search) in 2015 (population 894,300) in 2015 County Administrator, Hernando County, FL (population 172,800) in 2012 County Administrator, Highlands County, FL (population 98,000) in 2008 County Administrator, Indian River County, FL (population 163,662) in 2023 County Administrator, James City County, VA (population 69,000) in 2014 County Manager, Lee County, FL (population 600,000) in 2009 County Administrator, Martin County, FL (population 140,000) in 2005 Packet Page 368
Governmental Search Assignments (continued)
A-6
Completed Searches - County Administrator / Manager (continued) Borough Manager, Matanuska-Susitna Borough, AK (population 85,000) in 2011 County Administrator, Manatee County, FL (population 422,774) in 2023 County Administrator, Monroe County, FL (population 80,000) in 2004 County Administrator, Nassau County, FL (population 60,000) in 2004 County Administrator, Okaloosa County, FL (population 183,500) in 2013 County Administrator, Okeechobee County, FL (population 39,000) in 2008 County Manager, Osceola County, FL (population 235,000) in 2003 and 2007 County Administrator, Polk County, IA (population 400,000) in 2007 and 2011 County Manager, Seminole County, FL (population 410,000) in 2006 County Administrator, St. Johns County, FL (population 162,000) in 2007 County Administrator, St. Lucie County, FL (population 284,000) in 2014 and 2023 County Manager, Union County, NC (population 198,600) in 2010 County Administrator, York County, VA (population 66,269) in 2015 Completed Searches - Other Municipal CEO
Executive Director, Bartow Municipal Airport Development Authority, Bartow, FL in 2017 Chief Executive Officer, Chatham Area Transit, Savannah, GA (population served 286,900) in 2016
General Manager, Chittenden Solid Waste District, Williston, VT (population 157,461) in 2016 General Manager, Holiday Park Recreation District, FL (population 4,500) in 2007 Executive Director, Lakewood Ranch Inter-District Authority, Manatee County, FL (population 15,000) in 2011 and 2022
Executive Director, Northern Palm Beach Improvement District, Palm Beach Gardens, FL (population 200,000) in 2003
Executive Director, South Correctional Entity (SCORE), Des Moines, WA (population served 406,000) in 2018
General Manager, Sun ‘n Lake Improvement District, FL (population served 9,000+) in 2023 Completed Searches - Community Association CEOs and Assistant CEOs Chief Operating Officer, Amelia Island Plantation Community Association, FL (population 3,000) in 2016
Executive Director, Sun City Summerlin Home Owners Association, Las Vegas, NV (population 14,000) in 2015 and 2017
Vice President for Administration, Ocean Reef Communication Association, Key Largo, FL in 2017
Vice President, Public Works & Operations, Ocean Reef Community Association (population 2,000), Key Largo, FL, in 2001
Packet Page 369
Governmental Search Assignments (continued)
A-7
Completed Searches – Assistant/Deputy Managers
Assistant City Manager / Operations, Corpus Christi, TX (population 308,000) in 2013 Assistant City Manager / Utilities, Corpus Christi, TX (population 308,000) in 2014 Deputy City Manager, Danville, VA (43,000) in 2016
Deputy City Administrator, Dickinson, ND (population 22,300) in 2016 Deputy City Manager for Community Building, Durham, NC (population 220,000) in 2009 Assistant Town Manager, Jupiter Island, FL (population 654) in 2010 Assistant Village Manager, Islamorada, Village of Islands, FL (population 7,500) in 1998 Assistant City Manager, Lake Worth Beach, FL (population 37,000) in 2004 Assistant County Administrator, Martin County, FL (population 140,000) in 2006 Deputy City Manager, Sammamish, WA (60,000) in 2016
Assistant City Manager, Tamarac, FL (population 55,500) in 2001 Assistant City Manager, West Palm Beach, FL (population 101,000) in 2004 and 2013 Completed Searches – City or County Attorneys
County Attorney, Clay County, FL (population 196,400) in 2016 City Attorney, Daytona Beach, FL (62,300) in 2016
City Attorney, Fort Lauderdale, FL (population 178,752) in 2018 City Attorney, Fort Pierce, FL (population 41,590) in 2016 and 2018 County Attorney, Fulton County, GA (population 996,319) in 2015 City Attorney, Lawton, OK (population 94,653) in 2020
City Attorney firm, Naples, FL (population 22,367) in 2021 City Attorney, Ocala, FL (population 60,021) in 2022
Chief Labor Negotiator, Orlando, FL (population 270,934) in 2018 City Attorney, Port St. Lucie, FL (population 185,132) in 2016 and 2019 County Attorney, Prince William County, VA (population 438,580) in 2015 City Attorney, Roanoke, VA (population 96,000) in 2012
City Attorney, Sebastian, FL (population 25,703) in 2023 Fire District Attorney, St. Lucie County Fire District, FL (population 298,600) in 2017 City Attorney, Vero Beach, FL (population 16,751) in 2019 City Attorney, West Melbourne, FL (population 15,000) in 2008 Completed Searches – Community Development/Growth Management/Planning Planning and Community Development Director, Bradenton, FL (population 60,888) in 2021 Growth Management Director, Collier County, FL (population 357,305) in 2015 and 2017 Community Development Director, Danville, VA (population 43,000) in 2016 Planning and Development Director, Fairfax County, VA (population 1,150,309) in 2022 Director, Building and Development, Loudoun County, VA (population 336,900) in 2014 Community Development Director, Miami, FL (population 408,000) in 2008 Director of Planning, Building and Development, Roanoke, VA (population 96,000) in 2012 Packet Page 370
Governmental Search Assignments (continued)
A-8
Completed Searches – Community Development/Growth Management/Planning (continued)
General Manager, North Sarasota Redevelopment District, Sarasota, FL (population 53,000) in 2008
Growth Management Director, St. Lucie County, FL (population 261,000) in 2005 Community Development Director, Tamarac, FL (population 55,500) in 2007 Completed Searches – Economic Development / Redevelopment Growth Management Manager, Wellington, FL (population 55,000) in 2009 Executive Director, Camden County (GA) Joint Development Authority (pop. 51,400) in 2014 Economic Development Director, Collier County, FL (population 328,000) in 2012 Economic Development Director, Concord, NH (population 42,444) in 2017 Assistant City Manager for Community Building, Durham, NC (population 220,000) in 2009 Economic Development Director, Roanoke, VA (population 96,000) in 2012 Director, Office of Economic & Workforce Development, Durham, NC (pop. 220,000), 2009 Economic Development Director, Loudoun County, VA (population 326,000) in 2010 Economic Development Director, St. Johns County, FL (population 162,000) in 2011 Completed Searches – Engineers
City Engineer, Gulfport, MS (population 90,000) in 2008 Director/Engineering/Public Works /Utilities, Hallandale Beach, FL (population 39,000) 2013 Deputy County Engineer, Martin County, FL (population 140,000) in 2006 Assistant City Engineer, Melbourne, FL (population 75,000) in 2008 City Engineer, Sunny Isles Beach, FL (population 17,000) in 2006 Staff Engineer, Wellington, FL (population 55,000) in 2009 Completed Searches – Facilities Management
Director, Performing Arts & Convention Center, Federal Way, WA (population 92,700) in 2015 Director, Landscaping, Weston, FL (population 65,300) in 2013 Completed Searches – Finance and Budget
Finance Director, Altus, OK (population 19,800) (background check) in 2012 Finance Director, College Park, MD (population 32,256) in 2016 Procurement Director, Collier County, FL (population 357,305) in 2016 Finance Director, Danville, VA (population 43,000) in 2014 Finance Director, Daytona Beach, FL (population 31,860) in 2012 Packet Page 371
Governmental Search Assignments (continued)
A-9
Completed Searches – Finance and Budget (continued)
Finance Director, DeLand, FL (population 28,230) in 2016 Finance Director, Escambia County (FL) Housing Authority (population served: 302,700), 2014 Chief Financial Officer, Estero, FL (population 36,939) in 2022 Finance Director, Fort Walton Beach, FL (population 20,000) in 2006 Finance Director, Gainesville, FL (population 133,857) in 2020 Finance Director, Groveland, FL (population 12,493) in 2018 Director, Management & Financial Services, Loudoun County, VA (population 326,000) in 2012 Manager, Office of Management & Budget, Lake Worth Beach, FL (population 37,000) in 2010 Finance Director, Lauderdale Lakes, FL (population 32,000) in 1998 Finance Director, Miami, FL (population 408,000) in 2013 Finance Director, Miramar, FL (population 130,300) in 2016 Treasurer, Miami, FL (population (408,000) in 2013
Finance Director, Oregon City, OR (population 31,860) in 2012 Finance Director, Petersburg, VA (population 32,701) in 2017 Finance Director, Roanoke, VA (population 99,000) in 2014 Director of Finance and Administration, Roanoke Regional Airport, Roanoke, VA, in 2014 Revenue Operations Director, Savannah, GA (population 142,800) in 2017 Budget Director, St. Petersburg, FL (population 248,000) in 2009 Finance Director, St. Petersburg, FL (population 248,000) in 2010 Finance Director, Sunny Isles Beach, FL (population 17,000) in 2010 Finance Director, Surfside, FL (population 5,700) in 2012 Finance Director, Tamarac, FL (population 55,500) in 2005 and 2009 Finance Director, West Palm Beach, FL (population 101,000) in 2007 Chief Financial Officer, Winter Springs, FL (population 36,342) in 2022 Completed Searches – Fire/EMS/Dispatch
Fire Chief, Cape Coral, FL (population 154,300) in 2013 Fire Chief, Lauderdale Lakes, FL (population 32,000) in 1999 Executive Director, South Sound 911 (serves a population of 808,000), Tacoma, WA, in 2013 Fire Chief, St. Lucie County Fire District, FL (population 298,600) in 2018 Fire Chief, West Palm Beach, FL (population 101,000) in 2005 Completed Searches – General Services / Administration
General Services Director, Loudoun County, VA (population 349,700) in 2015 Completed Searches – Housing/Building
Building Official, Jupiter Island, FL (population 580) in 2005 and 2010 Building Official, Miami Beach, FL (population 91,000) in 2005 Building Official, Sewall’s Point, FL (population 2,000) in 2006 Building Official, Tamarac, FL (population 55,000) in 2008 Packet Page 372
Governmental Search Assignments (continued)
A-10
Completed Searches – Human Resources
Human Resources Director, Boca Raton, FL (population 84,000) in 2006 Human Resources Director, Cape Coral, FL (population 154,300) in 2013 Director, Human Resources, Gainesville, FL (population 125,000) in 2014 Director of Personnel, Fulton County, GA (population 992,000) in 2010 Director, Human Resources, Hillsborough County, FL (population 1,292,000) in 2015 Human Resources Office, Loudoun County, VA (population 326,000) in 2011 Human Resources Administrator, Martin County, FL (population 140,000) in 2007 Personnel Director, North Miami, FL (population 56,000) in 2001 Director, Human Resources, Sunrise, FL (population 88,800) in 2015 Director, Human Resources, Roanoke, VA (population 99,000) in 2014 Personnel Director, Vero Beach, FL (population 17,900) in 2003 Human Resources Director, West Palm Beach, FL (101,900) in 2013 and 2014 Completed Searches – Health and Human Services
Director, Health and Human Services, St. Johns County, FL (population 162,000) in 2010 Completed Searches – Information Technology
Information Services Director, Cooper City, FL (population 33,382) in 2017 Information Services Director, Lauderdale Lakes, FL (population 32,000) in 1998 Information Services Director, Palm Beach County Tax Collector (population 1,300,000), Palm Beach County, FL in 2012 (partial search)
Chief Information Officer, Weston, FL (population 65,300) in 2015 Completed Searches – Parks/Recreation/Libraries
Parks and Recreation Director, Cape Coral, FL (population 179,804) in 2018 Parks and Recreation Director, Deerfield Beach, FL (population 78,041) in 2017 and 2019 Director, Parks, Recreation, & Conservation, Hillsborough County, FL (pop. 1,292,000) in 2015 Director, Parks and Recreation, Hobbs, NM (population (35,000) in 2014 District Manager, Holiday Park Recreation District, Palm Bay, FL (population 1,400) in 2007 Libraries and Information Services Director, Newport News, VA (population 183,000) in 2017 Library Services Director, St. Johns County, FL (population 162,000) in 2007 Parks and Recreation Director, West Palm Beach, FL (population 101,000) in 2006 Parks and Recreation Director, Weston, FL (population 70,015) in 2019 Packet Page 373
Governmental Search Assignments (continued)
A-11
Completed Searches – Police
Police Chief, Farmington, NM (population 45,900) in 2014 Police Chief, Golden Beach, FL (population 355) in 2011 (partial search) Police Chief, Indian Creek Village, FL (population 89) in 2022 Police Chief, Lauderhill, FL (population 66,900) in 2011 (partial search) Police Chief, Melbourne, FL (population 76,000) in 2011 (partial search) Chief of Police, Mooresville, NC (population 35,300) in 2016 Police Chief, Petersburg, VA (population 32,701) in 2017 Director of Administration – Public Safety, Ocean Reef Community Association, Key Largo, FL in 2016
Police Chief, Sewall’s Point, FL (population 2,000) in 2007 Police Chief, St. Augustine Beach, FL (population 6,200) in 2012 Police Chief, Sunny Isles Beach, FL (population 17,000) in 2010 Police Chief, Winchester, VA (population 27,216) in 2017 Completed Searches – Public Works
Public Works Director, Aventura, FL (population 37,200) in 2016 Public Works Director, Camden County, GA (population 53,044) in 2019 Solid Waste Director, Camden County, GA (population 53,044) in 2018 Public Works Director, Chandler, AZ (population 250,000) in 2007 General Manager, Chittenden Solid Waste District, Williston, VT (population 157,461) in 2016 Executive Director, Northern Palm Beach Improvement District, Palm Beach Gardens, FL (population 200,000) in 2003
Vice President, Public Works & Operations, Ocean Reef Community Association (population 2,000), Key Largo, FL, in 2001
Executive Director, Environment and Infrastructure, Pinellas County, FL (pop. 917,000) in 2012 Public Works Administrator, Renton, WA (population 100,953) in 2020 Public Works Director, Sammamish, WA (60,000) in 2016
Director/Capital Projects Manager/City Engineer, Sunny Isles Beach, FL (pop. 17,000) in 2007 Assistant Public Works Director, Sumter County, FL (107,000) in 2015 Assistant Public Works Director, Sunny Isles Beach, FL (population 17,000) in 2008 Public Works Director, Tamarac, FL (population 55,500) in 2003 Solid Waste Director, Tampa, FL (population 335,700) in 2014 Director, Landscaping, Weston, FL (population 65,300) in 2013 Completed Searches – Transportation
Chief Executive Officer, Chatham Area Transit, Savannah, GA (population served 286,900) in 2016 and 2022
Packet Page 374
Governmental Search Assignments (continued)
A-12
Completed Searches – Utilities
Water Resources Director, Asheville, NC (population 87,200) in 2015 General Manager, Beaufort-Jasper &; Sewer Authority, SC (population served 150,000) in 2023 Executive Director, Cape Fear Utility Authority, Wilmington, NC (population served 230,000) in 2021
Utility Director, Danville, VA (population 43,000) in 2015 Power & Light Division Director, Danville, VA (population 43,000) in 2015 Water and Gas Director, Danville, VA (population 43,000) in 2016 Utilities Manager, Deerfield Beach, FL (population 78,041) in 2017 Watershed Management (Water and Wastewater) Director, DeKalb County, GA (population 691,900) in 2011 and 2013
Executive Director, Des Moines (IA) Water Works (serves a population of over 500,000) in 2012 and 2020
Executive Director, Emerald Coast Utilities Authority, Pensacola, FL (population served 300,000) in 2020
Executive Director, Florida Keys Aqueduct Authority, Key West, FL (pop. 90,000) in 2003 General Manager, Island Water Association, Sanibel, FL in 2018 Utilities Director, Lake Worth, FL (population 37,000) in 2009 Deputy Water & Sewer Director, Miami-Dade County, FL (population 2.706 million) in 2023 Waterworks Director, Newport News, VA (population 183,000) in 2017 Executive Director, Onslow Water & Sewer Authority, Jacksonville, NC, (pop. 160,000) in 2009 Utilities Director, Palm Bay, FL (population 101,000) in 2005 Utilities Director, Panama City, FL (population 38,286) in 2017 Executive Director, Environment and Infrastructure, Pinellas County, FL (pop. 917,000) in 2012 Executive Director, Sewerage and Water Board of New Orleans, LA (population 369,000) in 2013
Customer Service Chief (a C Suite level position), Sewerage and Water Board of New Orleans, LA (population 369,000) in 2020
Director, South Martin Regional Utilities, FL (population 22,000) in 2013 Executive Director, Spartanburg Water, SC (population served 327,997) in 2022 Water (Wastewater) Resources Director, St. Petersburg, FL (population 248,000) in 2008 General Manager, Tampa Bay Water, FL (population served 2,400,000) in 2008 and 2021 Chief Operating Officer, Tampa Bay Water, FL (population served 2,400,000) in 2022 Completed Searches – Work Force Management
Director, Office of Economic & Workforce Development, Durham, NC (pop. on 220,000), 2009 Completed Searches – Other
Chief Operating Officer, Amelia Island Plantation Community Association, FL (population 3,000) in 2016
Packet Page 375
Governmental Search Assignments (continued)
A-13
Completed Searches – Other (continued)
Clerk to the County Commission, Fulton County, GA (population 1.02 million) in 2018 Director, Registrations and Elections, Fulton County, GA (population 992,000) in 2009 Special Projects Coordinator, Islamorada, Village of Islands, FL (population 7,500) in 1998 City Clerk, Lauderdale Lakes, FL (population 32,000) in 1998 Assistant to the City Manager, North Myrtle Beach, SC (18,790) in 2023 Vice President for Administration, Ocean Reef Communication Association, Key Largo, FL in 2017
Environmental Resources Director, St. Lucie County, FL (population 261,000) in 2009 Packet Page 376
Appendix B
Sample Brochure:
City Manager
Thornton, CO
Packet Page 377
With the stunning Rocky Mountains as a backdrop, Thornton is a Denver suburb that combines the warmth of a close-knit community with the energy of a bustling urban center. Residents are welcoming, assist one another, truly care about their community, and enjoy an exceptional quality of life. Consistently ranked as one of the most desirable areas to live in the U.S., Thornton has easy access to over 28 major resort areas, and is a paradise for those who relish adventure–skiing, hiking, rafting, and camping, just to name a few. Thornton is an oasis in the mountains with friendly neighbors, a plethora of parks, and more amenities than you’ve ever dreamed.
Livability.com lists Thornton as one of the top 100 best places to live in the US for 2023. In 2017 LiveWell Colorado awarded Elite status to the city of Thornton for its commitment to building a healthy community. It was named the Large
Community of the Year by the Economic Development
Council of Colorado in 2017. Other designations include Tree City USA, Play City, National Recreation & Parks Association (NRPA) Gold Medal Finalist, and World Health Organization (WHO) Age Friendly City.
CITY MANAGER
Apply by June 7, 2024
— POSITION AVAIL ABLE —
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Recreation Exterior 2005 002
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Thornton Place, Thornton Plaza, Thornton Town Center, and the Washington Plaza. Not only does Thornton host two
farmers’ markets every week, but the City also provides either a $25 voucher or a pre-packaged box of farm fresh food to anyone who receives SNAP, WIC, or Medicaid benefits, or is at least 65 years of age. Other farmers’ markets are also available, including two that are hosted by Anythink Library.
To preserve and share the city’s history, Thornton’s Historical Archive and Art Collection is located at the Thornton Arts & Culture Center. The public can also view rotating displays of these collections at the Margaret Carpenter Recreation Center.
The Adams County Historical Society in Brighton contains the History Museum & Office, Cultural Center, a replica one-room schoolhouse and 1930’s Conoco Station, a working Blacksmith Shop, a firehouse, a restored 1887 two-story Victorian House, and a 1920 railroad caboose.
Entertainment abounds in this region. You can see more than 3,500 animals at the Denver Zoo, view spectacular marine life and enjoy an upscale-casual dining experience at the Downtown Aquarium in Denver, swim with stingrays at the SeaQuest in Littleton, visit the Butterfly Pavilion in Westminster, see breathtaking views and wildlife at the Cheyenne Mountain Zoo, and visit the Wildlife Animal Sanctuary where over 500
carnivores roam freely on 789 acres of grassland. Museums are plentiful and include the Denver Botanic Gardens, Denver Museum of Nature & Sciences, Denver Art Museum, Wings
Over the Rockies Air & Space Museum, National Ballpark
Museum, Kirkland Museum of Fine & Decorative Art, the
Forney Museum of Transportation and more.
For those who love performing arts, the construction of the Candlelight Theater in Thornton has been announced.
Regionally, residents can find entertainment at The Denver Center for the Performing Arts, Colorado Ballet, Paramount Theater, The Robert and Judi Newman Center for the
Performing Arts, and Su Teatro Cultural & Performing Arts Center.
Every sports fan can find a team to cheer for. The Denver metro area is home to many pro sports teams including the Denver Broncos (NFL), Denver Nuggets (NBA), Colorado Rockies
(MLB), Colorado Avalanche (NHL), Colorado Rapids (MLS)
Located just under ten miles from downtown Denver, Thornton offers over 140 miles of trails and 2500+ acres of designated park land, where residents have endless opportunities for recreation.
The city has 25 major parks with the addition of several smaller parks and open spaces. Carpenter Park has an amphitheater, boathouse and carousel, courts, pavilions, playground, skatepark, and a sprayground (a playground with both water and electronic controls). The Springvale Park Disc Golf Course is a popular destination. With over a dozen lakes and ponds in the
community, fishing is a favored pastime. Those who love to camp have endless opportunities just outside city limits and in the nearby Rocky Mountains.
Thornton hosts several annual festivals. Thorntonfest was introduced in 1996 to celebrate the community and is an opportunity for residents to get to know their neighbors. Harvest Fest helps residents celebrate autumn with their neighbors.
WinterFest includes visits from Santa, ice carving
demonstrations, an ice-skating pond, and much more. Other events planned for 2024 include Eggcessible Eggstravaganza, Law Enforcement Torch Run/Walk, Lion Club Relays, Allstar Concert Series, Arts in the Parks, Bicycle Rodeo, Movies in the Park, Fourth of July Celebration, Paws for a Dip, Barrel & Beer Festival, Fuel & Fury Car Show, Trunk or Treat, and the Day of the Dead celebration.
Thornton offers very robust recreational programming for residents of all ages. Opportunities for youth include softball, tennis, track and field, Taekwondo, gymnastics, swimming, dance, and fishing as well as numerous youth sports academies.
The City also partners with Skyhawks and SuperTots to offer inperson, multi-day, sports camps for baseball, basketball, football, soccer, volleyball, golf, cheerleading and more. Adult softball and basketball leagues are also available. Thornton's Adaptive and Inclusive Recreation (AIR) program offers meaningful
recreation opportunities for participants with disabilities.
Shopping is plentiful both in Thornton and in the region. The Denver Premium Outlets (located in Thornton) is a major shopping destination where shoppers can also enjoy a
playground and fountain. Other shopping venues include the Colorado Marketplace, Highpointe Park, Hilltop Village, Huron Plaza, Lambertson Lakes, Larkridge, Mission Trace, Pinnacle Center, Plaza Las Americas, The Grove, Thorncreek Crossing, Packet Page 379
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its own personality and style. For example, Adams 12 Five Star Schools is accredited as a Performance District in Colorado. 27J operates on a 4-day school week (Tuesday through Friday) and has 18 STEM and career training options. Mapleton Public Schools has received the prestigious Cognia Accreditation.
Students who apply themselves can receive a great education here. Additionally, numerous private and charter school options are available.
Higher education options are plentiful. There are 33 colleges within a 50-mile radius of Denver including, among others, the University of Denver, University of Colorado (Aurora, Boulder, Colorado Springs, and Denver), Colorado School of Mines, University of Northern Colorado, Metropolitan State University of Denver, Colorado Christian University, and Jones
International University.
The strong sense of community in Thornton is unique
considering its size and location. If you want to live in a diverse city with an abundance of festivals, caring neighbors, every urban amenity nearby, and unparalleled outdoor recreational
opportunities, please dust off your resume and apply today.
Thornton Colorado is truly a great place to live, work, and play!
HISTORY
The history of Thornton begins on the Eppinger family farm just north of Denver. This is where developer Sam Hoffman bought 400 acres in 1952 to build an affordable but self-sustaining community. When Hoffman launched an open house to
showcase the first three completed homes in 1953, actress Jane Russell decorated the interiors of the homes and attended the open house to sign autographs and promote the new community.
Residents voted to incorporate the area as a City in 1956. At the time, Thornton had a population of 8,640, a radius of one square mile, and was the eleventh largest city in Colorado. Upon incorporation, the community chose to name their burgeoning city "Thornton" after Daniel Thornton, who served as Colorado’s Governor and additionally, U.S. ambassador to Korea.
In 1965, Thornton selected its first City Seal via a contest amongst Thornton public school children. "The City of Planned Progress" was the winning design, and it was created by a and the Colorado Mammoth (NLL). Local teams include the Denver Barbarians (RFC), American Raptors (Rugby Union
Team), Colorado Summit (ultimate frisbee) and Colorado
Rapids 2 which operates as a reserve team for the Colorado Rockies.
Golf enthusiasts have two beautiful courses to choose from in Thornton, with even more options in the metro area. The Thorncreek Golf Course boasts a 72-par championship course.
Thorncreek is managed by the City and was recently renovated.
This course affords every player the experience they desire, whether that be a challenge or a casual game with friends. Todd Creek Golf Club is an 18-hole championship golf course, originally laid out by legendary course architect Arthur Hills.
Both offer rolling terrain and a scenic backdrop of the Rocky Mountains. Optimum Golf and TopGolf are also located in Thornton.
Denver’s Regional Transportation District (RTD) offers
inexpensive and convenient public transportation. The N Line of the commuter rail service has stops in Thornton. Travel outside of the region is extremely accessible as Denver International Airport is less than 30 miles away. The airport is the 3rd busiest airport in the U.S. and 6th busiest in the world. In 2023, the airport welcomed a record-breaking 77.8 million passengers. The local Rocky Mountain Metropolitan Airport offers general aviation and charter services, and the Colorado Springs Airport offers additional commercial air travel options.
The Thornton housing market is very competitive, and housing is less expensive here than in the surrounding region. The median home price is around $500,000, though a larger home with more land will cost around $800,000. Residents have many options to choose from including single-family homes, apartments, and townhomes. Most residents own their homes. As with any large city, some areas of the community see more crime than others. In comparison to cities in the region, Thornton’s crime rate is lower than most. In addition, Thornton’s violent crime rate has been lower than the national average since 2018. Most crimes are property or retail theft related.
Thornton has three school districts within its boundaries: Adams 12 Five Star Schools, 27J, and Mapleton Public Schools. Each has Packet Page 380
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Mapleton High School student. By 1967, the Thornton
community overwhelming voted in favor of making Thornton a Home Rule City and wrote the first City Charter.
The Denver Regional Transportation began construction on the North Metro Rail Line in November of 2013 that runs from the Denver Union Station to 124th Avenue in Thornton, stopping at two additional Thornton locations on the way.
Today Thornton is the 6th largest city in Colorado and will soon be the 5th. It is the largest city in Adams County. The City has experienced rapid growth, from a population of 60,000 in 1994 to over 154,000 today. Ultimately, the city’s population is expected to be approximately 240,000. The City is well-prepared for this growth, having invested hundreds of millions of dollars in infrastructure, including a water project that will provide Thornton with all the water it needs for future growth. The City has a bright future.
DEMOGRAPHICS
Thornton is a diverse community with a strong commitment to quality of life. See Table 1 (left) for Thornton demographics.
CLIMATE
Thornton is known for its mild climate and sunny days. The City averages over 300 days of sunshine a year. The temperature is rarely below 5°F or above 97°F. The hottest month of the year is July, with an average high of 88°F and low of 61°F. The coldest month of the year is December with an average low of 23°F and high of 45°F.
GEOGRAPHY
Thornton is characterized by ridgelines, wildlife, waterways, rolling hills, and undeveloped land. Located in the northeast quadrant of the Denver metropolitan area, Thornton is
comprised of 37 square miles. The elevation of Thornton is 5,351 feet above sea level. The City is only 20 minutes from Table 1: Thornton, Colorado Demographics
Source: U.S. Census Bureau
Distribution by Race Distribution by Age
White 60.1% 0 to 15 19.8%
Black 2.1% 15 to 25 15.1%
Asian 5.9% 25 to 45 31.2%
Native American 1.6% 45 to 65 22.6%
Other 30.3% 65 to 85 10.8%
Total 100.0% Over 85 0.5%
Hispanic Ethnicity
(all races) 39.8%
2024 Estimated Population: 154,061
Educational Achievements (25 & Over) and Other Statistics High School or Higher 51.1%
Bachelor’s Degree or Higher 15.8%
Median Age�Thornton 35.2
Median Age�U.S. 39.0
Median Household Income�Thornton $105,116
Median Household Income�U.S. $74,755
Poverty Rate 8.0%
Figure 1: Location of Thornton, CO
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Sashco, Sam’s Club, Peak Medical of
Colorado, Costco, Rocksol Consulting
Group Inc., Murphy Company, and Solid
Power.
THE GOVERNMENT
Thornton is a home rule city operating
under a Council/Manager form of
government. The City Council consists of
the Mayor, who is elected at large, and
eight council members, two elected from
each of the city's four wards. The Mayor
and Councilmembers serve staggered
four-year terms, beginning on the first
Council meeting following their election.
Elections are held every two years, and the
elected officials are limited to two terms.
The longest serving member of the Council is the Mayor, who has served six years as a Councilmember and four years as Mayor.
One member of the Council has served for over seven years, one has served for over four years, three have served for over two years, and three were seated in the November 2023 election.
The Council appoints the City Manager, City Attorney, and Presiding Municipal Judge. The City Manager manages the dayto-day operations of the City, including hiring and supervising city staff.
The City’s 2024 adopted total budget is $416,049,498 and its general fund budget is $197,596,820. The City has 1,142 fulltime employees and approximately 575 temporary or seasonal employees. A full-service City, departments include Police (343 FTE), Utilities and Infrastructure (207.5 FTE), Fire (161 FTE), Parks Recreation & Community Programs (142 FTE),
Management Services (112 FTE), City Development (76.75
FTE), Finance (33.25 FTE), Legal (17 FTE), Economic
Development (8 FTE), Communications (7 FTE). The City
Manager’s office has 34 employees of which 12 report direct to the Manager. Services currently contracted to a third party are gas & utility as well as library services through Anythink Libraries.
The City is in the process of introducing citywide Broadband, which service will also be contracted out.
downtown Denver, 30 minutes from the Denver International Airport, and less than 2 hours from the Breckenridge and Vail ski areas. The Rocky Mountains and multiple national forests are also within a short drive.
COMMERCE
Founded as a bedroom community, Thornton is strategically located within the Denver metropolitan area. Only ten miles north of downtown Denver and adjacent to Interstate 25, Thornton’s location provides high visibility for businesses and easy access to various transportation routes.
With over 1,400 acres of developable commercial land along the I-25 corridor, Thornton offers plentiful opportunities for commercial development and is easily accessible with its eight (8) interchanges along I-25, three (3) along E-470, and close proximity to I-70, US 36, and the Denver International Airport.
The major employers in Thornton are Amazon, Adams 12 Five Start Schools, the City of Thornton, North Suburban Medical Center, Google, Adams Polishes, Appliance Factory Outlet, American Furniture Warehouse, Main Event, Topgolf, Home Depot, Avaya Inc., Hensel Phelps, Cabela’s, Vibra Hospital, Employer/Industry Employees
Retail Trade (439 Units) Education 7,735
Health Care and Social Assistance (282 Units) 5,346
Accommodation and Food Services (238 Units) 4,320
Educational Services (81 Units) 3,045
Public Administration (46 Units) 1,884
Other Services (284 Units) 1,803
Construction (208 Units) 1,369
Professional, Service & Tech (176 Units) 1,099
Information (56 Units) 933
Arts, Entertainment & Recreation (47 Units) 745
Table 2: Principal Employer Type, Thornton, Colorado
Source: Thornton, CO 2022 ACFR
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next Manager should plan to work with the Council and the community to envision a positive path forward, and then lead the organization in this direction.
Thornton has grown northward from Denver. The southern part of the City tends to have smaller homes with smaller lots, and the northern part of the City tends to have larger homes with larger lots simply based on the time of construction. The land available for development is in the north and east quadrants of the City.
The southern part of Thornton is essentially built-out and needs focus and attention on redevelopment and filling commercial vacancies. It is a diverse community and what is wanted by residents in one Ward may not fit the needs of residents in another Ward, so the solutions are not going to be cookie cutter.
The challenge will be to work with each Ward to learn what residents need and want, and then strive to bring those businesses and amenities to that area within the available resources. The next Manager should carefully balance the differing needs of the City, ensuring that attention is given to every segment of the community.
The high level of service that Thornton currently provides to its residents may not be sustainable considering the expected future growth, particularly regarding public safety, and priorities may need to be established. Implementing metrics, measurements, and utilizing resident surveys can help the Council set data driven priorities. Creativity, planning, building relationships in the community, and working with regional partners when
appropriate will be essential.
While the organization functions very well, and has very little turnover, it may benefit from a fresh set of eyes. Operations should be reviewed for efficiency and effectiveness, as well as ensuring that departments are appropriately staffed, and the right people are in the right seats. The new Manager will need to establish structure, clarify roles, and provide consistent direction with the staff, the Council, and the Boards.
The Thornton Shopping Center had extensive environmental contamination. The City recently secured the property through eminent domain. Now the hard work begins to address the issues and redevelop the center. The community is excited about the potential of this property but has varying ideas on what the finished product should look like. The next Manager will work Thornton governmental infrastructure has high standards and is award winning. Specifically, it has been awarded the GFOA Triple Crown, which recognizes governments that have received the GFOA Certificate of Achievement for Excellence in Financial Reporting, Popular Annual Financial Reporting Award, and the Distinguished Budget Presentation Award. The Police
Department is CALEA certified and the Fire Department is accredited. The Economic Crimes Unit has received the
Distinguished Service in Policing from the Attorney General.
The Communication Center Dispatchers have receive awards from NENA, APCO and NICE. Individual employees have been recognized by the County and the State.
Police Officers and Police Sergeants are part of the FOP Thornton Lodge 16 Union. Police contract negotiations will commence in 2025. Firefighters through Fire Captains are part of the IAFF Local 2376 union. The Fire contract was recently negotiated for a three-year term, which will end in 2027.
THE CHALLENGES AND OPPORTUNITIES
As Thornton is only 55% built out, the most significant opportunity is growth. The City had the foresight to purchase land with a water source in the 1980s. For the past five years the City has been working on plans and permits to build a pipeline from the water source to the City and just received the final permit needed. Development has been delayed to some extent due to a lack of resources, but the pipeline will provide the necessary resources to move forward. The City wants smart and strategic growth that will meet the needs of the residents.
Currently, much of the workforce is employed outside City limits. Bringing more corporate headquarters and professional opportunities to Thornton will not only benefit the workforce but will help attract the types of amenities and restaurants that residents want. All the pieces will soon be in place, and the next Manager will assist in guiding the growth. Being a visionary, with the ability to see and consider the long-term effects of decisions while also thinking outside the box, will be critical.
Thornton has been a bedroom community since it was
established. Currently there is a desire by some to establish an identity and a downtown, while others want the City to maintain its current identity. With land available for growth, and now the infrastructure to support growth, the City is at a crossroads. The Packet Page 383
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with the Council and community to create a vision for the property. Once a direction has been set, the individual should follow that plan without becoming distracted by other opinions or options.
Other challenges are consistent with a large city. These include ensuring all segments of the community are heard, code
enforcement, working with regional partners on homelessness, and additional transportation options within the City as the light rail system is not accessible to those with mobility challenges.
THE IDEAL CANDIDATE
The City Council is seeking an outstanding leader with a demonstrated track record of success and experience working in a large community. While the individual will understand they work for the Council, the elected officials hope to find someone to work with them as a partner, a supporter, and a trusted advisor.
The Manager will be a team player with a strong ability to facilitate relationships with Council Members, City staff, and community and regional partners. The individual will keep Council informed on critical issues in a timely manner and be responsive to Council questions and requests. The successful candidate will develop healthy working relationships with each member of Council and understand the need of balancing the complementary and sometimes competing interests of each member. The ideal candidate will understand that they work for a Board with nine members and will focus on reaching a consensus rather than the majority vote. The Manager will understand the politics but not be involved in them.
The ideal candidate will be intelligent, innovative, upbeat, friendly, outgoing, organized, positive and
progressive�someone with a "can do" attitude and who is visionary yet practical. They will be resolute yet flexible, consistent, cheerfully persistent, high energy, and a
Mayor & City Council
Municipal Judge
Tiffany Sorice
Interim City Manager
Brett Henry
Director-Parks, Recreation
& Community Programs
Doug Romig
Parks Special Projects
Administrator
Paul Burkholder
Volunteer &
Administrative
Coordinator
Belia Dameron
Deputy Director
Parks & Planning
Bob Kees
Recreation
Superintendent
Chris Steinke
Deputy Director
Community
Connections
Jaylin Stotler
Active Adult
Program Manager
Jessica Romito
Arts & Cultural Mgr.
Alisa Zimmerman
Fire Chief-Executive
Director
Stephen Kelley
Deputy Chief of
Operations
Ernie Anderson
Deputy Chief
Administrative
Ops.
Gary Hobbs
Asst. Chief - Fire
Marshal
Stephanie Harpring
Police Chief –Executive
Director
Terrence Gordon
Operations
Bureau Deputy
Chief
Keith Evans
Executive Mgt. and
Planning Deputy
Chief
Greg Reeves
Administration
Bureau Deputy
Paul Hawkins
Executive DirectorManagement Services
Chris Molison
Support Services
Director
Sean Saddler
Director of Risk
Management
Bill Rush
Information
Technology Director
Scott Tekavec
Court Administrator
Diane Maes
Director
City Development
Randy Grant
Senior CD Analyst
Vacant
Planning Director
Mike Garrott
Deputy City
Development
Director
Jason O’Shea
Regional
Transportation
Engineer
Kent Moorman
GIS Manager
Michael Green
Interim Executive Director
Infrastructure
Todd Rullo
Deputy Utilities
Director
Emily Hunt
Water Treatment &
Quality Manager
Martin Kimmes
Infrastructure
Engineering
Director
Jason Pierce
Deputy City Manager
Joyce Hunt
Human Resources
Director Tricia HintonPotter
Deputy City Manager
Robb Kolstad
Budget & Operations
Director
Erika Senna
City Clerk
Kristen Rosenbaum Economic Development
Director
Adam Krueger
Deputy Economic
Development Director
Julie Jacoby Finance Director
Kimberly Newhart
Deputy Finance Director
Doug Buchanan
Customer Billing
Manager
Kim Van Acker
Controller
Craig Boonstra
City Attorney
Tami Yellico
Boards &
Commissions
Communications Director
Todd Barnes
Deputy Communications
Director
Lisa Wilson
Reprographics Site
Supervisor
Mike Vigil
CITY OF THORNTON
5/20/24
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leader�not a bureaucrat. The individual will
have a healthy sense of impatience, always
trying to find ways to accomplish tasks more
efficiently and effectively. Seeing the big picture,
anticipating where the community will be in
twenty years, and working positively in that
direction will be essential.
The City expects the next City Manager to have
outstanding communication and public
relations skills. The best candidate will be
someone who can make everyone feel their
views are being heard and who will help bring
people together. It is important that residents
find it easy to work with the government and
that they feel welcome even when their requests
cannot be accommodated. The manager will
believe strongly in transparency, and the
public’s right to know. The individual will be
involved and become a visible presence in the
community, thereby developing personal
credibility and trust with citizens.
The Manager will help the Council make the
best decisions by not just bringing options and
recommendations but also the pros and cons,
as well as the data supporting each option.
Once the Manager has made his/her
recommendation, and the Council makes its
decision, the individual will relay City Council’s
policy direction to staff and the community,
and facilitate the implementation of those
decisions. The next Manager will help the
Council, Boards, and staff define and
understand their roles. The Manager will work
well under pressure and be able to deal with a
wide variety of complex issues.
The ideal candidate will motivate staff and build
a team atmosphere through effective
delegation, communication, and follow-up. The
staff is well qualified, so the next Manager does
not need to micromanage. The individual will
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expect to be kept informed, look for results, and hold employees accountable. The Manager will encourage staff development, provide coaching to subordinates and encourage training and professional development opportunities. Creativity and taking reasonable risks should be fostered while also realizing not every great idea will be successful. As such, the ideal candidate will be approachable, receptive, open, and honest. Outstanding
customer/citizen service will be a high priority.
The ability to anticipate/resolve issues before they become problems is critical. Should one erupt, the Manager will not delay but will deal with it promptly and effectively. Growth brings change and the next Manager will need to embrace and
implement that change, while not being afraid to make the hard decisions along the way. Good judgment and common sense are essential. A sense of humor and the ability to use it to defuse tense moments is an absolute plus.
Thornton is part of a much larger urban area. Some of its issues can only be addressed on a regional basis or in conjunction with a subset of nearby local governments. Being comfortable working with other municipalities, the local school systems, the county, the state, and the federal government will be important.
In terms of specific skills, the Manager will be able to develop financial plans that are based on sustainable service and funding levels. The list of projects and initiatives is long, and items may need to be prioritized and/or scheduled to prevent undue strain on staff and resources. The individual will have strong experience in capital projects, development, and redevelopment. An understanding of Western water law will be an asset. Experience working in a large community and/or a municipality that has seen tremendous growth, is highly desired.
The position requires a bachelor’s degree (or comparable work experience) in business administration, public administration, public policy, or related field plus ten (10) years of experience as a City Manager, Assistant City Manager or Department Head in a local government organization. A master’s degree in business, public administration or related field is preferred.
COMPENSATION
The salary range is $280,000 to $350,000. The actual salary will depend on qualifications and experience. Benefits are excellent.
The City has both 401(a) and 457 retirement plans available.
After five years of employment the City will also contribute to a Retirement Health Savings (RHS) plan for the City Manager.
THE MOST RECENT CITY MANAGER
The most recent City Manager was hired in 2017 and retired in 2024. The Manager prior to him served for over 32 years.
RESIDENCY
Residency within City limits is required. The hope is that the next Manager will not just establish a residence in the City, but will become part of the fabric of the community.
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HOW TO APPLY
E-mail your cover letter and resume to [email protected] by June 7th. Questions should be directed to Lynelle Klein at (970) 433-7189 or Colin Baenziger at (561) 707-3537.
INTERNAL CANDIDATES
We anticipate an internal candidate. That said, the Council is committed to a level playing field and everyone will be evaluated on their own merits.
CONFIDENTIALITY
Applications will be confidential until the Finalist selection on July 23rd. Only the names of those selected as Finalists will be released.
THE PROCESS
Applications will be screened between June 8th and July 7th.
Finalists will be selected on July 23rd. A reception and interviews will be held on August 14th and August 15th. A selection will be made shortly thereafter.
OTHER IMPORTANT INFORMATION
The City of Thornton is an Equal Opportunity Employer and encourages women, minorities and veterans to apply.
ADDITIONAL INFORMATION
For additional information about the city, visit:
www.thorntonco.gov
www.thorntonareachamber.com
www.metronorthchamber.com/thornton-chamber-of-commerce/ www.uncovercolorado.com/towns/thornton/
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Appendix C
Sample Candidate Report
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Sample Candidate Report
[Note: The following materials are provided with the permission of the candidate.] Packet Page 390
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TABLE OF CONTENTS
PAGE
COVER LETTER AND RESUME 1
CANDIDATE INTRODUCTION 7
BACKGROUND CHECKS 15
CB&A REFERENCE NOTES 19
INTERNET SEARCH 35
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Cover Letter and Resume
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Candidate Introduction
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Rob Hernandez
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EDUCATION
• Master of Public Administration, Nova Southeastern University • Bachelor of Public Administration, Florida International University
EXPERIENCE
• Deputy City Manager; City of Fort Lauderdale, FL 2019 – Present • City Manager; City of Savannah, GA 2016 – 2019
• Deputy County Administrator; Broward County, FL 2013 – 2016 • Deputy City Manager; Coral Springs, FL 2011 – 2013
• Deputy County Manager; Fulton County, GA 2008 – 2011
BACKGROUND
Fort Lauderdale is the largest municipality in Broward County and the ninth most populated city in Florida, slightly ahead of Cape Coral. Smaller in geographic area than Cape Coral, the city encompasses 38 square miles with a population of 186,220. A popular tourism destination, the city is often referred to as the “Venice of America” because of its many inland waterways, not too dissimilar to Cape Coral’s “Water Wonderland” designation.
The City of Fort Lauderdale is a full-service municipal corporation that provides police protection, fire-rescue services, parks and recreation programs, potable drinking water to a service area both within and outside the City limits along with wastewater collection and treatment, sanitation services, development regulation, parking, and street maintenance. The City also operates a general aviation airport, a downtown heliport, an aquatic complex, and an auditorium.
Its current general fund budget is more than $373.7 million or $832.7 million in total.
As the deputy city manager, I assist the city manager in overseeing municipal operations, specifically coordinating the activities of the Transportation and Mobility, Public Works, Sustainable Development and Parks and Recreation departments. Collectively these departments have a combined operating budget of $380 million and 1,527 full-time employees.
The three most critical issues facing the city are:
• Infrastructure
• Resiliency
• Affordable Housing
Both Fort Lauderdale and Cape Coral have identified infrastructure as key elements of their adopted strategic plans. Fort Lauderdale’s emphasis is by necessity due to a series of recent highprofile infrastructure failures and a state mandated consent order. Fort Lauderdale’s initial development boom occurred between the 1950s and 1970s during which the majority of the city’s Packet Page 396
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infrastructure was installed. Materials of that era include cast iron pipe which is now failing regularly as a result of corrosion and erosion. From the 1990s until today, the city experienced a vertical development boom witnessed by large-scale redevelopment on its barrier island and downtown. This explosive growth was not matched by investments in infrastructure capacity, redundancy, and resiliency. Missteps occurred along the way, including transferring more than $20 million annually from the Water and Sewer Fund to the General Fund as a “return on investment”, reduction in preventative maintenance activities, and failure to modernize its primary water treatment plant. The consequences of these decisions would surface years later as sewer main breaks, water line breaks, and flooding would disrupt life throughout the city. The City has identified more than $1.2 billion in needed infrastructure improvements over the next 25 years. In addition to rectifying years of disinvestment in its water utilities, the City’s park system and public safety facilities have suffered a similar fate. The City is now implementing a $200 million parks bond and $100 million replacement police headquarters bond referendum to improve those facilities.
Sea level rise is Fort Lauderdale’s second biggest issue. Fort Lauderdale has made adaptation to climate change and rising sea levels a top priority. Many neighborhoods in Fort Lauderdale now experience chronic flooding on a regular basis. According to recent projections issued by the Southeast Regional Climate Change Compact, 10-17 inches of sea level rise by 2040 and 21-64 inches are possible by 2070. The City now requires the impact of sea level rise to be incorporated in future infrastructure master plans. Also, City-owned seawalls are being replaced and elevated, tidal valves have been installed in flood-prone areas, and the City is exploring the feasibility of raising road elevations in certain neighborhoods that are threatened by sea level rise.
Fort Lauderdale’s housing costs are now among the highest in the nation. More than 60 percent of households in the city spend more than 30 percent of their income on housing. The price of singlefamily homes has increased 41 percent since 2013. In 2018, the median sale price for a threebedroom home was $440,000. A four-bedroom home is now $835,000. Given the high cost of homeownership, many are forced to rent; however, rental costs are equally unaffordable with the average two-bedroom rental costing $2,705 monthly. Three bedrooms, $3,204. The City is attempting to incentivize various housing types to support all income groups by providing zoning incentives such as height and density bonuses, no- or low-interest loans, or grants to developers to facilitate the construction of more affordable units. Without an affordable and diverse housing stock, the city, county, and region will not succeed in creating a diversified and balanced economy.
GENERAL MANAGEMENT STYLE AND EXPERIENCE
Cape Coral is a jewel for public administration professionals to practice their craft in a progressive environment. The challenges in Cape Coral are similar to those I have faced throughout my career as a city manager or deputy manager. For those reasons, I believe that the combination of my experience as a proven leader understanding local government in Florida, the ability to work with elected and appointed officials and the ability to understand and solve problems will allow me to excel as Cape Coral’s next city manager.
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Many can manage but few can lead. Management is something I did earlier in my career; at this point in my professional career and personal life, I believe it is more important to exercise leadership. As leaders, we must communicate a clear vision and direction. We must demonstrate a passion for what we do – that is, to make a difference every day. For me, leadership is situational.
When time, resources, and skills permit, my leadership style is participatory and collaborative. In other circumstances, it must be directive.
Great leadership is infectious. People are your greatest assets. It is important to create an environment where people want to work hard by making things fun, challenging, and rewarding.
I believe in building a positive work climate where people are appreciated and valued. I like to consider myself a “macromanager” rather than a micromanager. I view my role as explaining the project or task, the expected result and deadline, and monitoring performance on a regular basis. I track projects and assignments using a Sharepoint site and meet with staff on a routine basis to review progress. I meet with staff more frequently on an as-needed basis. I describe what needs to be done, provide them the resources, get out of their way, and hold them accountable. So far, I think this approach has worked.
I am confident that staff and elected officials would describe me as professional, thorough, hardworking, ethical, honest, opinionated, and transparent. They would hopefully view me as engaged, participative and inclusive and valuing open communication and feedback, while also allowing for empowerment and accountability.
Two strengths that others will point to are my transparency and ability to make strategic decisions.
In terms of a weakness, I believe that my commitment to my organization and loyalty to my teammates has led others to conclude that I can be defensive at times.
Regarding performance measurement, I believe it starts at the top with the governing body establishing a clear strategic vision for the organization, and cascades downward. Once key strategic objectives are defined by the governing board, it is the manager’s job to develop strategies to meet those strategic objectives. Business units then must identify those operational efforts and measures that are aligned with the strategies and long-term objectives. Those help form the basis for developing individual performance measures that are included in performance reviews.
In terms of a significant professional achievement, the revitalization of the Fulton Industrial District (FID) in metro-Atlanta, one the largest industrial, warehousing and logistics centers in the southeastern United States, is one that I am most proud of. In the fall of 2008, I toured FID as Fulton County’s new deputy county manager. What was once a leading center of economic activity was now rife with rampant prostitution, open drug sales, shuttered buildings, neglect, and decay.
FID was well into a state of decline that began in the 1980s as its warehouses were abandoned for taller and larger ones elsewhere and manufacturing disappeared overseas. I observed conditions that I had never seen in my career until that day. Families called extended stay motels home. A police detective explained how FID was the child prostitution hub for the entire metropolitan Atlanta region. After a woman was found locked in a dog crate in one of FIDs many hotels, I was horrified and said: “not anymore – not on my watch.”
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For the next three years, we made it our mission to make FID better. We used every conceivable resource within county government and put together a team of county agencies that included everything from arts to zoning. We rolled up our sleeves and went to work. We attacked the issues from every angle: from health to human services to public safety. With the help of a dedicated team, we accomplished a remarkable turnaround that included:
• Adoption of the Fulton Industrial Redevelopment Framework • Designation by the State as an “Opportunity Zone”, providing needed economic incentives • Establishment of the Fulton Industrial Community Improvement District, a self-taxing entity to take on area wide governance and improvements • Establishment of the South Fulton Service Center which relocated two county commissioners, police, fire, and all other unincorporated area services to FID Today, FID is healthy and vibrant. It is now a place where businesses invest rather than flee.
My biggest disappointment thus far involves the establishment of a fire assessment fee in Savannah. A $14 million budget deficit welcomed me upon arriving in Savannah in October 2016.
As I tackled the deficit with my new team members, I realized the City had a structural imbalance that needed a long-term solution. Although revenue growth was respectable, it lagged projected expenditures well into the future. Working with the city council, we agreed to a stopgap approach for Fiscal Year 2017 with the understanding that we would bring back long-term options the following year. Fiscal Year 2018 presented a $12 million imbalance and to address it, I proposed a fire service assessment using an approach and the same consulting firm as Cape Coral. After spending considerable time and effort creating such a fee, the city council adopted the budget with this fee. The fee provided financial stability, allowed us to lower the millage rate, and provided resources to address capital needs and service priorities. The fee was controversial and faced stiff public resistance. Continued opposition to the fee caused the city council to reverse its decision midway through the fiscal year, requiring us to identify more than $16 million in new revenue and expenditure reductions. Rescinding a budget halfway through the fiscal year was disruptive to operations. In retrospect, I did not anticipate such stiff opposition since we held more than 60 community meetings and thought we had obtained community buy-in to the extent we could.
Newspaper editorials supported our approach. In the end, the fire assessment was reversed, the equivalent of two engine companies eliminated from the fire department’s budget, and the millage rate increased. The painful lesson I learned throughout all of this is that local government must do a better job educating the public on how well it is performing and safeguarding the public’s resources. It was a painful lesson – it still hurts to sit to this day.
Employee terminations are always an unfortunate aspect of what we do as leaders. Unfortunately, I have had to dismiss employees throughout my career for poor performance or poor leadership.
While it is never an encounter that brings pleasure or satisfaction, these separations were not a surprise to the affected individual. In every instance the individual was counseled and made aware of performance deficiencies beforehand, corrective actions identified, and the consequences of not meeting the performance standards explained. I hope that in every instance, I treated the employee with respect and dignity. I allowed them to “write their final chapter” with the organization and Packet Page 399
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allowed them to leave at the top of their game with a celebration of their accomplishments to the organization.
The issues and challenges facing Cape Coral’s next city manager are:
• Leading in the Post COVID-19 Era.
• Ensuring continued Smart Growth.
• Continuing to expand and upgrade critical infrastructure.
Sadly, Cape Coral’s next city manager will have to lead the organization through the aftermath of Covid-19’s devastation. Although the City has a diversified revenue base not overly dependent on one specific funding source, it can expect revenues of all types to be impacted. While the financial realities of the pandemic will become clearer in the months to come, Cape Coral’s next city manager will need to assess the financial impacts and determine how to continue basic municipal services, allow for certain aspects of the local economy to resume and balance the workforce and service demands with the new fiscal realities.
Second, Cape Coral’s next city manager will need to continue to position the city for growth once the post-COVID 19 recovery begins to take shape. The City will need to continue progressive land use policies and zoning incentives to attract orderly and smart development to greenfields and redevelopment. Promoting growth in the tax base and employment for the city’s residents must be a top priority. Fortunately, Cape Coral is well-positioned to attract further economic investment once the nation and the state adjust to the realities of the post-pandemic world.
Finally, investments in infrastructure must continue to drive the next city manager’s agenda.
During difficult times, many municipalities defer or eliminate investments in critical infrastructure improvements. This is a grave mistake and the next city manager must avoid the urge to gut capital investment plans. Since capital investments are long-term in nature, it is important that Cape Coral’s next city manager appreciates the need to ensure adequate investments are made in all facets of municipal infrastructure including roadways, water utilities, facilities, and information systems. For Cape Coral, this includes expanding infrastructure utilities to areas currently not served plus parks and open space to accommodate neighborhood growth. The benefits of such continued investment will pay off in the longer-term. It is important to take a long-term view rather than an immediate one, however painful it may be.
If selected for the position, during my first six months I will:
• Listen, listen, and listen to understand issues, challenges, and desires of all stakeholders:
elected officials, neighborhood groups, organized labor, business community, education representatives, the local media, and others;
• Forge a close relationship with the City Council and Mayor; • Review goals and objectives for the organization with the Mayor and City Council; • Reach out to department directors and learn about their challenges, priorities, and programs;
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• Meet as many employees as possible by conducting several “town hall” sessions; • Establish trust and credibility with all stakeholders; and. • Become familiar with the community and it is culture.
As for media relations, I appreciate the work the media does. The media can be a great asset if managed properly and cultivated. Being open and honest with them is important. Integrity is an essential part of the relationship with the media. In Savannah, I practiced an open-door policy with the media and reserved a better part of Tuesdays to meet with them. I am not aware of anything in my background that could be considered embarrassing to a potential client.
Social media is an effective tool in keeping the public informed and is changing how government communicates with its various constituencies. I have used social media, primarily twitter, to keep interested individuals informed with short briefs on an issue. This helped us shape our story and put us in leading the community conversation rather than delegating that role to media. I have used social media to help sustain interest on an issue and to keep the public informed on upcoming discussions or significant events. During workshops or regular meetings of my elected body, we would “tweet” aspects of the discussion. In Fort Lauderdale, we rely on ZenCity to help us mine social media on a regular basis to help us gauge public sentiment on a variety of issues.
There is “no dirt” on me. I live a clean, simple life, prefer to tell things as I see it, and sleep well at night. I also treat people with professionalism and respect. I am honestly not aware of anything in my professional or personal lives that could be viewed negatively. However, while serving as the city manager of Savannah, there were a few individuals who were not supportive of my efforts or views. You may find some blogs critical of my opinion on building materials in the city’s landmark historic district, my hesitance in assuming the operating costs of a regional expressway, and of the ill-fated fire assessment. Regardless, I always conducted myself professionally and never brought any negative attention to the elected officials or the organization I worked for.
My personal interests include the outdoors and pursuing home improvement projects.
ADJECTIVES OR PHRASES THAT DESCRIBE ME:
Driven, Professional, Focused, Disciplined, Organized, Thorough REASONS FOR CONSIDERING LEAVING CURRENT POSITION:
I am considering opportunities beyond Fort Lauderdale because I believe that I can have a greater impact on an organization and a community by serving in the top leadership role.
CURRENT SALARY
+/- $217,000 plus $4,680 auto allowance and $1,310 cell phone allowance.
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CB&A Background Checks
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Section 7
Background Check Summary for
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Criminal Records Checks:
Nationwide Criminal Records Search No Records Found
County
Broward County, FL No Records Found
Chatham County, GA No Records Found
Fulton County, GA No Records Found
State
Florida No Records Found
Georgia No Records Found
Civil Records Checks:
County
Broward County, FL No Records Found
Chatham County, GA No Records Found
Fulton County, GA No Records Found
Federal
Florida No Records Found
Georgia No Records Found
Motor Vehicle
Florida No Records Found
Credit Very Good
Bankruptcy No Records Found
Education Confirmed
Employment Confirmed
Under the Fair Credit Reporting Act, 15 U.S.C. 1681-1681Y, credit and bankruptcy information are very sensitive and should not be used be in the consideration of hiring. The information is included for each candidate because we do not want you to be surprised if third parties raise what they consider to be a concern.
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Section 7
Background Check Summary for
ROBERTO HERNANDEZ
Personal Disclosure
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CB&A Reference Notes
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Reference Notes
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Elizabeth Taschereau – Director of Developmental Services, City of Margate, FL 954-884-3686 954-218-9798
Ms. Taschereau has known Mr. Hernandez since 2011 when he was hired as the Deputy City Manager for Coral Springs. She was the Community Redevelopment Agency Coordinator and reported to him. She later followed him from Coral Springs to the Savannah when he became the City Manager. She had enjoyed working for him and had wanted to continue learning from him so much that she willingly commuted between her home in Florida to her job in Georgia. After he left Savannah to go to Fort Lauderdale, she also left.
Mr. Hernandez was a successful and professional leader. He had strong project and time management skills. Ms. Taschereau especially admired how well he kept track of numerous project deadlines on his calendar, which she had access to when working under him. He worked well with team and delegated excellently. The only possible weakness he had was his high expectations. He strove to accomplish much, and he expected his staff to perform similarly. Such expectations may have been overwhelming for some who were unsure of their abilities to accomplish their tasks.
However, staff members were able to look back and be amazed by how much and how well they accomplished those tasks. Though his high expectations were a challenge for some, many Cities turned around for the better because of his drive.
Mr. Hernandez worked on numerous high profile projects, such as building a new city hall. The old city hall was built in 1905. It was very much out of date and far too small for a city of Savannah’s size. That said, building a new city hall spurred a great deal of controversy over architecture and location. Recognizing it as a critical need, Mr. Hernandez took charge of the project and eventually achieved community acceptance of the building’s location downtown and of the architecture. It all came about in approximately a year and a half and the new city hall celebrated its grand opening in 2018. Another significant project he worked on as upgrading the City’s arena while working with a management company. He was able to renovate the facility while negotiating a contract that was eventually approved by the County Commissioner. It was a huge accomplishment.
Mr. Hernandez was very inclusive of employees in projects, meetings, emails, status reports, memos, and other forms of communication. He communicated in a way they easily understood, and he expected his staff to communicate with him. Such an inclusive mindset was different for staff from the Cities of Coral Springs and Savannah, where the culture was less inclusive. He managed several internal and external projects that involved multiple people across different divisions. Many commented how they had not enjoyed such high communication levels before Mr. Hernandez came. Previously, little communication occurred between divisions. As such, decisions were delayed and less efficient. When he effectively included different groups to integrate on multi-division projects. He helped projects move forward.
Mr. Hernandez also generally made good decisions. He had high integrity. He made the best recommendations and decisions possible for the community as a whole. He did consider the input of groups with special interests, but he strove to make the best possible decision. He also made good decisions with staff members. For example, he reorganized the Savannah City staff, which Packet Page 406
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composed of approximately 2,400 employees. This momentous change created openings, which he filled with sharp and high performing individuals. The new employees immediately began planning and establishing standard procedures. The City began to change, and consequently, so did the community. Furthermore, Mr. Hernandez greatly believed in committees. He formed several committees with the Human Resource Department and with staff, sometimes even bringing in external panel members if necessary. He wanted people in high-level positions to make decisions together.
As a great public speaker, Mr. Hernandez worked well with the public. He always remained composed and professional. He had excellent presentation skills. People were generally perceptive to his ideas when he spoke, and he communicated well when invited to speak for different organizations. Even if some people at those meetings were exceedingly unprofessional toward him, he managed himself well. He performed well despite those difficulties. In addition, Mr.
Hernandez worked well with individuals. He educated others, providing recommendations on what the Mayor and others needed to vote on. Because of these interpersonal abilities, Mayor and Councilmembers voted on multiple successful projects. Moreover, Mr. Hernandez had good financial skills. He used a hands-on approach with the city budget and worked closely with chief financial officers and the Budget Director. He wanted to ensure he understood the budget accurately.
Though a change agent, Mr. Hernandez did not seek change for the sake of change. He carefully evaluated a City’s situation, whether involving technology, processes, or even City culture. He observed how others managed tasks before he made necessary changes to keep the City moving forward. Ms. Taschereau has done her best to incorporate this valuable lesson into her own leadership skills. Also, Mr. Hernandez an effective problem solver. He solved numerous issues that had existed for long periods of time. Some problems required many changes and more money, which made certain solutions difficult to implement. He attempted to solve these, and then he put plans into place to initiate these necessary changes once enough resources were available. Other problems were out of his realm of influence. As such, Mr. Hernandez made good recommendations, even if people did not follow his advice.
Ms. Taschereau is unaware of anything in Mr. Hernandez’ personal or professional background that will concern a future employer. She would definitely hire him if possible. As someone who has worked for him, she knows how good he is at overcoming challenges and managing a city.
Mr. Hernandez is passionate about municipal work. He wants his employers to be high-performing organizations. He has been and will continue to be a very good Manager.
Words or phrases used to describe Roberto Hernandez:
• Successful,
• Professional,
• Collaborative,
• Inclusive,
• High integrity,
• Good speaker, and
• Influential.
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Strengths: Project management, leadership and staff management, presentation abilities, financial understanding.
Weaknesses: His high expectations can be daunting at time, but his expectations drive people to accomplish goals they previously thought they were incapable of achieving.
Skye Patrick – former Director of Libraries, Broward County, FL 562-940-8400 562-659-1155
Ms. Patrick has known Mr. Hernandez since 2014. She really enjoyed working with him and learned much from him.
Public Administration was Mr. Hernandez’s strong suit. He was thoughtful and he understood County policy and procedures very well, which meant he navigated in a way that was very helpful to his department. He did not know much about the library system when he was hired, but he studied and learned about how they operate and developed a good understanding.
The Directors hired by Mr. Hernandez were very good selections. He sat on the panel that hired the Finance and Business Administrator, and helped with the searches for the Aviation Director and Human Services. When making decisions in general he was very thoughtful and took the time to gather information.
In general, Mr. Hernandez maintained the organization at a high level and had learned from his department heads to be innovative and creative. They had a monthly meeting where Mr. Hernandez provided information on organizational changes. Ms. Patrick headed a very large organization with many issues. He was always available and responsive.
Some community members were very aggressive. Mr. Hernandez took the time to attend both scheduled and off the cuff meetings with individuals who had concerns about an issue. His openness and willingness to address an issue immediately, without any delay, was impressive.
In his capacity Mr. Hernandez really tried to lead the organization, and was creative and thoughtful in meeting goals. He worked very well with the Board, which consisted of nine voices with sometimes conflicting concerns. He protected the department heads when necessary and did a great job balancing the administration and the politics, which is no small feat.
Several major personnel issues involving union members were escalated to upper management.
Mr. Hernandez was not required to attend the meetings but he came to help negotiations. The union had between 500 and 600 members. He helped navigate the very rocky road between the union relationship and County protocol. He showed great initiative in addressing problems that existing prior to his arrival. He helped resolve long-standing issues in only 2 to 3 meetings.
Mr. Hernandez was given directives to create a business plan for the new Panther Stadium. The process took several months and he worked with several departments to create the business model.
He also worked on a new transportation plan that was very complex. The process has spanned for several years and involves 15 of the 31 cities in Broward County.
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They were short 800k in a capital budget of $5 million dollars. Mr. Hernandez worked with the staff to review the overall budget and prioritize projects. Several of the big-ticket items related to technology were prioritized, and he found a way to upgrade their enterprise software.
They only knew each other for a few years, but Ms. Patrick does not know anything controversial that involves Mr. Hernandez.
Broward County has a $6.5 million dollar budget with 31 cities plus some incorporated areas. Ms.
Patrick would hire Mr. Hernandez and feels he is well suited to run a community the size of Broward County or slightly larger. Every department head he worked with has a positive opinion of his management and leadership qualities. Employees are comfortable working with him and felt very supported by him. He ensured that Ms. Patrick had the financial resources she needed. She confidently recommends him for a Manager position.
Words or phrases used to describe Roberto Hernandez:
• Extremely thoughtful,
• Very intelligent,
• Incredible business mind,
• Perfectly capable administrator,
• Incredible leadership qualities, and
• Shows initiative and foresight to present quantifiable outcomes.
Strengths: Thoughtful; understands policy and procedures; public administration; learns what he needs to know.
Weaknesses: He could have a greater understanding of the different lines of work that each department head was responsible for.
Van Johnson – Mayor, City of Savannah, GA 912-651-5988 912-651-6444 Mr. Johnson worked with Mr. Hernandez between 2016 and 2019 when Mr. Hernandez became the Savannah City Manager. Mr. Johnson and Mr. Hernandez had a good relationship.
Mr. Hernandez performed decently as City Manager. He was smart, strong-willed, and a hard worker. He was a workhorse who innovatively tried to find solutions to problems. He was always quite professional, cordial, and direct. At times, his passion and directness may have caused people to think Mr. Hernandez was emotional or overly direct. However, these traits were a function of his military background.
Mr. Hernandez had good communication skills. He kept Mr. Johnson informed via email, phone, and personal communication when appropriate. Mr. Hernandez generally made good decisions and usually made good decisions when hiring personnel. He was customer service oriented. He accomplished tasks in a timely manner.
Additionally, Mr. Hernandez tried to make the City to a high-performing organization. He recognized several structural financial issues within the City and put the City on track. He was Packet Page 409
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both a leader who rallied employees around the organization’s vision and a manager who oversaw processes behind a desk. He worked hard to effectively solve problems to the best of his abilities.
For example, he brought about a strategic plan for the City, which had not existed prior to Mr.
Hernandez’s arrival. He led the Council and the organization to determine a goals and priorities.
The Savannah Forward strategic plan is still currently used.
One of the largest criticisms against Mr. Hernandez was that he was less social than the public expected their Manager to be. Certainly, he was kind and polite. He had experience working with the public and sometimes was out in the public attending community meetings to represent the organization. However, he often worked more than he socialized.
At times, Mr. Hernandez experienced some difficulties wading through the City’s CouncilManager form of government. These hardships were not entirely his fault because some councilmembers violated these lines at times. Usually, Mr. Hernandez persevered. Eventually, these challenges became too much for him to bear. For example, he proposed instituting a City fire fee similar to what Florida cities used to address the City’s structural deficits. The Council accepted the idea. However, when the public became upset with the fee, the Council blamed him for the failure. Furthermore, the previous Mayor needed a scapegoat for some of his poor decisions and blamed Mr. Hernandez – even though the City Manager only carried out decisions made by the City Council.
Mr. Johnson is unaware of anything in Mr. Hernandez’s background that will concern a future employer. If given the opportunity to rehire Mr. Hernandez, Mr. Johnson would consider him as a candidate. Given the difficult circumstances in Savannah, Mr. Hernandez was a great Manager.
Words or phrases used to describe Rob Hernandez:
• Smart,
• Strong-willed,
• Hard worker,
• Good work ethic,
• Innovative, and
• Professional.
Strengths: Work ethic, innovative solution finding.
Weaknesses: Mr. Hernandez’s passion and directness may have been misconstrued as being emotional or overly direct.
Claudette Bruck – former Commissioner, City of Coral Springs, FL 954-562-2526 Ms. Bruck has known Mr. Hernandez since 2011. He was their Deputy City Manager for all too short of a time. They were sad to see him leave and would love to have him back.
Mr. Hernandez was extremely bright, very diligent and focused. When he first came to the city he first stood back and analyzed the organization. When it was his turn to speak, he impressed Packet Page 410
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everyone. His presentations are flawless but factual. Everything he said was entirely trustworthy; he presented information he could stand behind.
Their interactions were all professional. Mr. Hernandez was very respectful. He listened and was prompt in responding to inquiries. His decisions when hiring personnel were very good. He was innovative and operated at a high performance level. He listened, assessed a situation, and then came forward with an excellent recommendation. He was very experienced and innovative.
Mr. Hernandez frequently gave presentations at workshops, commission meetings and community meetings and always did an excellent job. He had good rapport with the audience and a demeanor that invited trust.
Mr. Hernandez kept the Commissioners informed as appropriate. The Manager’s office operated independently of the Commission. Rather than reporting in on a daily basis, they did so at special meetings or as needed. Mr. Hernandez did not have the opportunity to work one-on-one with residents, but he did present information about projects to the community. He was always prepared and answered questions on the spot.
The Commission received much information from varying sources, and the information was not always accurate. They felt very fortunate to have Mr. Hernandez on staff and trusted his accuracy.
He led the organization well because he earned the trust of employees.
Mr. Hernandez played a significant role in pension discussions. He responded to questions at community and commission meetings. He followed through and was customer service oriented.
He always did what said to do. He was not directly involved in the finance department or the creation of the budget, but he had a good understanding of the numbers.
Ms. Bruck is unaware of any controversy involving Mr. Hernandez. She would hire him and feels he would be a great Manager. He was knowledgeable, experienced, task oriented, focused, and could always be trusted. His departure was a tremendous loss to Coral Springs.
Words or phrases used to describe Roberto Hernandez:
• Trustworthy,
• Bright,
• Quick study,
• Serious about his position,
• Honorable, and
• Innovative.
Strengths: Very thorough; brought an idea forward only after it had been thorough researched; good at identifying problems and determining solutions.
Weaknesses: None identified.
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Brooks Stillwell – former City Attorney, City of Savannah, GA 912-484-1690 Mr. Stillwell worked with Mr. Hernandez between 2016 and 2019. During this time, Mr. Stillwell was the Savannah City Attorney and Mr. Hernandez was the City Manager. They worked closely together daily and reported to the City Council.
Mr. Hernandez was a great City Manager operationally. He worked hard and had good fiscal planning abilities. He had several good ideas for the City and was a good strategic planner. He possessed a long-term vision of what he wanted to accomplish and strove to quickly achieve those goals. He was driven and dedicated.
Mr. Hernandez managed day-to-day operations exceptionally well. He worked well with staff members and those close to him in the office. He met with Mr. Stillwell during weekly meetings with City leaders and kept the City Attorney well informed.
As a change agent, Mr. Hernandez came in and proposed several changes to help the City run better. He initiated several positive transformations, such as with implementing the City’s strategic plan. However, Mr. Hernandez implemented other changes too quickly for the historical City to handle. For example, he tried to completely change the City’s property exchange, planning, and financing. Each area’s change was tough individually, but all these at once were especially difficult to maintain.
Savannah is a very unusual city. Its roots go back almost 300 years and Mr. Hernandez did not fully appreciate how the City’s unique historical culture differed from the culture found in his previous positions in Florida. In past jobs, he rarely handled city politics as the person second in charge. In Savannah, he had to involve himself more than he had previously done. The City traditionally expected the City Manager to be its Chief Executive Officer and to be heavily involved with the entire community outside of city government organization. As such, Mr.
Hernandez had to work with county officials, chamber commerce, state legislature, and community leaders. Though Mr. Hernandez worked well with staff, he did not see community politics as part of his job, which was a large issue for the City. He frankly did not anticipate the public blowback from some of the programs he recommended the City Council implement. As such, he faced many challenges.
Even though many of his ideas were conceptually good, Mr. Hernandez was unable to bring the public to side with his solutions. For example, he tried implementing a fire fee to unburden property owners’ taxes. He saw the fee as a method of fixing the City’s fiscal problem. Though he initially had the Council’s support, Mr. Hernandez eventually faced huge public backlash. Then some council members tried to politicize the plans which led to the fee being poorly implemented.
Mr. Hernandez also tried to implement a union contract with the fire union, which ended up facing public blowback as well. He had little Council support because such a plan did not translate well to Georgia.
Eventually, Mr. Hernandez left the City to return to Florida. Both his wife and he were unhappy with how rough this period was for them. He gave several months’ notice before his resignation.
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Despite these issues, Mr. Hernandez was a great City Manager. He spoke well with public groups.
He was an excellent fiscal manager. He generally made good decisions and hired personnel quite conscientiously. He was particularly customer service oriented. He was a leader who had a vision of how to accomplish goals and who tried to mold the City’s organizations to this vision. He accomplished tasks in a timely manner. He set goals and timeframes to move forward. He solved several problems effectively. He successfully implemented the complete reorganization of the City’s organizational department. He worked hard through stress to overcome issues. He also was outstanding with crisis management, such as when the City dealt with two hurricanes.
Any future employer will need to discuss what they expect Mr. Hernandez to do and what he expects to do with public and community leadership. These clear explanations are critical. Mr.
Hernandez will perform well under a strong County Manager or strong Mayor who assumes all roles of working with the public. Mr. Hernandez understands how this type of government is organized and will do well in this system. Mr. Hernandez was an excellent City Manager on a whole, just not for the City of Savannah.
Mr. Stillwell is unaware of anything in Mr. Hernandez’s personal background that will concern a future employer. Though Mr. Stillwell would not rehire Mr. Hernandez for the City of Savannah, Mr. Stillwell would definitely hire Mr. Hernandez for most any other municipality. A future employer will not find a more dedicated, hardworking person who can implement ideas well. Mr.
Hernandez has been and will continue to make a good Manager.
Words or phrases used to describe Rob Hernandez:
• Tremendously hardworking,
• Good strategic planner,
• Aggressive in a good way,
• Dedicated, and
• Visionary.
Strengths: Long-term planning, fiscal planning, management skills.
Weaknesses: Interacting with public and political leaders was hard for Mr. Hernandez, who was used to a more strictly managerial position.
Zachary Williams – former Fulton County Manager, GA 404-990-6545 404-371-2881 Mr. Williams has known Mr. Hernandez since 1994. They worked closely from 2008 to 2011 when Mr. Hernandez was the Deputy County Manager. He did an excellent job. His work performance, personality, and interactions were outstanding. He was handpicked from South Florida to come and work for Mr. Williams.
Mr. Hernandez had an excellent work relationship with his elected officials. They trusted that what he said to had been well researched. He earned their respect and represented Mr. Williams very well.
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Once he had been given a problem to solve, Mr. Hernandez was tenacious. He marshaled resources and focused them through team building to get the job done. He did not shy away from challenges.
He was patient when it was warranted; however, it did not come naturally to him.
Mr. Hernandez preferred face-to-face interactions whenever possible. If meeting a person directly was not an option, then he used the phone. He was an excellent writer and could be successful using email; however, he had developed respect from his subordinates by meeting with them personally, listening to their issues, and explaining his thoughts.
Depending on the nature of the decision that needed to be made, Mr. Hernandez responded quickly.
Circumstances that required gathering facts may have taken him longer. He was not indecisive but rather took the appropriate amount of time to gather the information and opinions he needed to make good decisions.
Mr. Hernandez hired good employees. In some instances where a hire did not work out, he did all he could to work with them. He went through exhausted hiring practices involving many stakeholders. He was analytical and used that to his advantage in the hiring process.
Mr. Hernandez was innovative but did not try to change things just for the sake of change. He was mature enough to leave a process alone when it worked well. He had improved existing processes in Fulton County.
Mr. Williams was proud of the redevelopment that was carried out on Fulton Industrial Boulevard.
Under Mr. Hernandez’s leadership, an area known for drugs, prostitution, and crime had reversed its negative direction to become an area where businesses wanted to locate. Mr. Hernandez created momentum in this large container warehousing district. He acquired State funding and formed a commercial improvement district.
There were very few tasks in public service Mr. Hernandez could not do well. He is ready to take the helm of an organization and become a Manager. Mr. Williams gives him his full and complete endorsement and support. Mr. Hernandez was one of the best public servants Mr. Williams has ever worked with.
Words or phrases used to describe Roberto Hernandez:
• Embodies what public service should be,
• True believer in the mission to make other people’s lives better, • Tenacious,
• Analytical,
• Hardworking, and
• Professional.
Strengths: Problem solving; tenacity; marshaling resources; and team building.
Weaknesses: He could be patient when it is warranted; however, it did not come naturally to him.
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Dele Lowman – former Assistant to the County Manager, Fulton County, GA (404) 612-8331
Ms. Lowman worked with Mr. Hernandez in the Fulton County Manager’s Office. She had known him since 2003 where they worked together in Broward County. They had a good working relationship. He was very diligent and mission focused.
When Mr. Hernandez first arrived in the Administrative Office in Broward, she was working as a graduate being mentored by the County Administrator. She was told to watch Mr. Hernandez and learn from how he took a task, broke it into small parts, and organized people to get the job done.
If there was something he did not know he studied to become more effective.
Mr. Hernandez and Ms. Lowman had philosophical differences yet got along quite well. His military background had shaped his personality and made him the driven person he was. He worked well with elected officials. He spent most of his time with the commissioner over the unincorporated areas. Though their interests were not always the same, they worked well together.
He had the respect of the commissioners. Mr. Hernandez valued loyalty. His greatest strengths were diligence and following through. No matter how difficult a situation had become, he did what he needed to for the best interest of the community.
Laser focus was both strength and a weakness for Mr. Hernandez. In his current role as second in command, he did what he was asked without stepping back to see if there was another way. If he was the final decision maker, perhaps that would have been different. Unlike many managers, Mr.
Hernandez did not have an aversion to staff meetings. He liked to speak with people face-to-face.
He was more than capable of interacting via telephone and email, but he favored the personal approach when dealing with direct reports.
Mr. Hernandez was a great public speaker. He had a teaching background in the military. He interacted well with the public and dealt with residents often in the unincorporated area.
One task Mr. Hernandez was asked to take on was building the first amphitheater on the south side of the county. It was an overwhelming project with an unreasonable timeline and difficult budget.
He did an outstanding job and followed it through to opening day.
There are certain people Ms. Lowman has worked with that she would hand pick to be on her team and Mr. Hernandez is one of them. She highly recommends hiring him.
Words or phrases used to describe Roberto Hernandez:
• Focused,
• Reliable,
• Diligent,
• You can trust him to do what he says,
• Professional and,
• Hard working.
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Strengths: Diligence; follow through; loyalty.
Weaknesses: Laser focus, however he might step back if he were the manager. ______________________________________________________________________________ Bill Durrence – former Alderman, City of Savannah, GA 912-247-8108 Mr. Durrence worked with Mr. Hernandez between 2016 and 2019. At the time, Mr. Durrence was in his first term as Alderman. Mr. Durrence was one of the Savannah City Councilmembers who hired Mr. Hernandez to be City Manager. Mr. Durrence was one of Mr. Hernandez’s directors.
Mr. Hernandez possessed an impressive and thorough understanding of the City. He had extensive knowledge from public works to finance. He was as open as possible with councilmembers. Even though working for nine directors made things complicated, Mr. Hernandez was exceptionally competent and provided numerous innovative ideas. He was good internally and developed good staff relationships. He accomplished tasks in a timely manner. He was highly skilled in running the City.
Mr. Hernandez offered many solutions to the City’s issues. He helped councilmembers understand the reason for the City’s problematic budget stresses. Although the City was a successful destination for tourism, very little of that money went to the City’s coffers. Certainly, some sales tax revenue came to the City, but most went to businesses involved with tourism. Mr. Hernandez clearly identified the City’s financial stress points.
As good as he was with finances, Mr. Hernandez struggled to maintain public posture as Savannah City Manager. First, he underappreciated the historical nature and character of the City that brought much community pride. Because historic landmarks and districts made the City different, many people expected solutions to be likewise unique. Local attitude often discouraged researching how other places solved similar problems. Mr. Hernandez’s approach to look at other cities’ solutions made people feel slighted. As such, he missed an opportunity to engage early and gain the public’s support. Second, he was generally more of a hands-on manager who seemed uncomfortable interacting in social management of a highly networked City. He was more comfortable rolling up his sleeves and working than being a public face for the City. Because he did not engage people to his side, he was less effective than he could have been.
Mr. Hernandez generally made good decisions. He also hired well for many top staff members, including the Fire Chief, Police Chief, and Human Resources Director. He often reached out to other senior staff when looking for personnel, and this collaborative approach was helpful. Some personnel he inherited were not highly qualified for their positions. At one point, Mr. Hernandez successfully moved senior personnel to fill vacancies. Prior to this major shuffle, staff members were scattered all over the City, causing much unnecessary work. He consolidated staff, thus making processes more efficient. Occasionally, Mr. Hernandez needed to be more disciplinary, but he eventually let a number of problematic people go. For example, he fired the Director of the Department of Revenue because she was simply unable to fix a particular issue, even after being given adequate time and resources.
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Mr. Durrence is unaware of anything in Mr. Hernandez’s background or conduct that will concern a future employer. If given the opportunity, Mr. Durrence would rehire Mr. Hernandez. Being new to a large leadership position as Alderman, Mr. Durrence understands the learning curve Mr.
Hernandez faced while being City Manager for the first time. Mr. Hernandez was a bright individual who experienced valuable lessons. He was a good Manager.
Words or phrases used to describe Rob Hernandez:
• Knowledgeable,
• Competent,
• Introvert,
• First rate manager,
• Innovative, and
• Open.
Strengths: Financial skills, extensive understanding of how to run a city, executive functioning.
Weaknesses: He did not fully appreciate the City of Savannah’s uniqueness and had a hard time connecting with the City’s people.
William “Bill” Hubbard – Chief Executive Officer, Savannah Area Chamber of Commerce, GA 912-657-9207
Mr. Hubbard and Mr. Hernandez interacted when Mr. Hernandez was the Savannah City Manager between 2016 and 2019. They have since messaged each other occasionally.
When Mr. Hernandez worked in the City, he communicated fairly regularly with Mr. Hubbard.
Mr. Hernandez called and sent emails. He sometimes dropped by Mr. Hubbard’s office, and they typically saw each other weekly during city events.
Mr. Hernandez was a decent City Manager. Mr. Hernandez was a good, smart man. He was quite professional and thoughtful. He had good financial grounding. He built good staff around him and organized them well. He generally made good decisions. He also did a great job with reorganizing the city staff. At times, though, Mr. Hernandez made some poor staffing decisions. For example, he left an engineer in a developmental position a bit longer than others might have preferred.
Additionally, he let go an assistant city manager by leaving a note on her chair. Although several elected officials asked him to let her go, this approach was unprofessional.
Mr. Hernandez faced difficulties integrating himself in the community. As a first time city manager, Mr. Hernandez was not accustomed to being one of the City’s key leaders. He wanted to ensure others did not accuse him of playing favorites. As such, he interacted with the philanthropic, nonprofit, church, and business communities on a purely business level. He experienced difficulty developing tough enough skin to deal with criticism. This weakness held him back and Packet Page 417
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undermined his ability to be effective. Despite his strengths as City Manager, his inability to fully participate in the community affected the public’s confidence in him. He needed to get to know these smaller communities better.
Mr. Hernandez was a good manager who oversaw processes behind a desk. He had great management skills and good knowledge of running a city. He thoroughly researched various solutions and made decisions effectively. For example, he led a team in providing a strategic plan in a fairy short time period. He worked with elected officials to agree to this plan.
Unfortunately, Mr. Hernandez had challenges working through the politics to implement the strategic plan. In one instance, Mr. Hernandez proposed a fire fee to help city finances. Around this time, the City had collected approximately $10 million in revenue. While garnering public support for the fire fee, Mr. Hernandez was also especially transparent with this revenue. Because the public misunderstood how the revenue was not part of the City’s own earnings, people were particularly upset with the fee. Mr. Hernandez had admirable intentions to be transparent, but his timing cost him the fire fee concept.
Despite these challenges, he was always polite and diplomatic with people. Even when church groups angrily protested and wanted him fired, he kept going. He handled stress well for the most part and never showed a temper. Eventually, however, Mr. Hernandez and his wife left the City because they felt alone.
Mr. Hubbard is unaware of anything in Mr. Hernandez’s professional or personal conduct that will concern a future employer. Mr. Hernandez had been purely professional, honest, and transparent.
Although Mr. Hubbard would not rehire Mr. Hernandez to be City Manager, Mr. Hubbard would consider Mr. Hernandez for an Assistant Manager position. Mr. Hernandez was strategic and smart. He would excel in the responsibilities expected of a Deputy Manager.
Words or phrases used to describe Rob Hernandez:
• Professional,
• Good guy,
• Quite thoughtful,
• Polite,
• Diplomatic, and
• Capable.
Strengths: Financial skills, building good staff.
Weaknesses: He was politically weak and often distant from constituents.
John Hearn – City Attorney, Coral Springs, FL 954-344-1011 Mr. Hearn has known Mr. Hernandez since 2011. In terms of job performance, Mr. Hernandez was very energetic and a go-getter. He really moved projects along and stayed on top of them. He was a change agent.
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City Hall was in an office that was built by General Electric for selling homes. The City had been trying to build a City Hall since 1993. Mr. Hernandez really energized those involved, and the new City Hall was finally under construction.
Mr. Hernandez was always very involved in the community, and he attended community meetings.
He had a very good relationship with the public. He was customer service oriented.
Mr. Hernandez led staff to fulfill the vision of the Board. Employees did not have much appetite for moving forward with the downtown development, which included the new City Hall. He took the bull by the horns and made a very detailed PowerPoint presentation showing all the issues that their current City Hall had. He demonstrated how having a vibrant downtown area would benefit the City and residents. He did a nice job leading the project.
Mr. Hearn was not directly involved with the budget and finances, but in the course of their conversations he came to believe that Mr. Hernandez had good financial skills. Mr. Hernandez completed tasks by the deadline given.
Mr. Hernandez had not been involved in anything personally or professionally controversial. He left Fulton County because his family wanted to return to Florida. When an opportunity opened up on Broward County, he embraced it. He moved forward when doing so made sense.
Mr. Hearn would hire Mr. Hernandez and had a positive experience working with him. Mr.
Hernandez would be a good City or County Manager. The five Commissioners and City Manager in Coral Springs loved working with Mr. Hernandez.
Words or phrases used to describe Roberto Hernandez:
• Energetic,
• Outgoing,
• Positive,
• Change agent,
• Engaged, and
• Active.
Strengths: Energetic; very much wanted to make decisions; could shepherd a project from A to Z very well.
Weaknesses: People’s greatest strengths are often their greatest weaknesses. Because he moves projects along so well, Mr. Hearn had to slow him down a little and occasionally reminded Mr. Hernandez of a step that needed to be taken in the process.
Prepared by: Danielle Dayton and Lynelle Klein
Colin Baenziger & Associates
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CB&A Internet Research
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WLRN News HD1 (FL)
February 21, 2020
Fort Lauderdale Officials Respond to $1.8 Million State Fine for Sewage Spills Author: Alexander Gonzalez & Tom Hudson
Pipes in Fort Lauderdale keep breaking--it's been an almost daily reality for many people living and working in the city. More than 200 million gallons of sewage have spilled from busted pipes in Fort Lauderdale since December. The state responded to the sewer spills this week. The Florida Department of Environmental Protection fined the city almost two million dollars. That amount is based in part on how much sewage has spilled. On the South Florida Roundup, host Tom Hudson talked about the issue with WLRN’s Broward County reporter Caitie Switalski and Fort Lauderdale’s deputy city manager Rob Hernandez.
Here's an excerpt of their conversation: Tom Hudson: What are the funding options if the city has to pay the state this $1.8 million fine or any fine for that matter? Rob Hernandez: Well, if we have to pay the fine, it's either going to have to come out of the Water and Sewer fund or the city's general fund. And again, we believe that $1.8 million will best serve our local residents and our taxpayers by being reinvested into some of these projects rather than just going in and being deposited into a general fund at the state level. We're not being critical of the state. We understand that they were in the position where they felt that they had to take some sort of action. But we're hopeful that we'll be able to work something out that is slightly different than just the fine.
Caitie Switalski: When it comes to the punitive nature of the fine, $1.4 million of the $1.8 million is civil penalties based on how much sewage and how many days the sewage spill went on. I know the city is in the middle of weaning off trying to take money out of those funds [general or Water and Sewer funds] to balance the regular budget. That was a practice leftover from the last city administration. But if the city has to pay part of this fine out of those funds again, have you heard from any residents about that?
Hernandez: No, we haven't heard from any residents. And certainly I don't think it's going to change the practice. The city commission has made it abundantly clear that we were going to transition away from transferring funds from the Water and Sewer fund into the general fund.
The city commission that's currently in office directed the city manager to transition us over a four-year period. They have since directed us to accelerate that transition. And that's something, going into next fiscal year, that we're certainly looking at. If there's an opportunity to return those funds at midyear this year, that's something that our city manager is looking at. But I don't think that the fine is going to derail us from making progress. And using your word, "weaning" ourselves off of that budget transfer. We're under clear direction that the funds that are generated by the Water and Sewer fund are going to go back into the necessary improvements that need to be made. And certainly we've been working in that direction for the last couple of years and we will continue to do so.
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South Florida Sun Sentinel (FL)
July 23, 2019
Fort Lauderdale: Contractor Who Broke Water Main Wasn’t Digging Where it told us Author: Larry Barszewski
Fort Lauderdale never warned a contractor that a critical water line lay buried where workers planned to dig last week, a report shows, but city officials say that’s because the contractor supplied the wrong address. The misinformation led to a failure that ultimately dried up the city’s water supply and led to days of boil-water orders. Taps ran dry hours after the contractor drilled into the water supply line July 17. Countless businesses were forced to close, and more than 200,000 people were left without water to drink or shower. The contractor, Florida Communication Concepts, used a service called Sunshine 811 to find out whether there were underground utilities it had to watch out for while doing work for Florida Power & Light Co. The statewide utility service is authorized under Florida law and is the state’s official resource for companies and individuals planning underground work.
The report shows Fort Lauderdale never told the contractor that the site in the back of 2525 NW 55th Court contained a 42-inch pipe that supplied raw water to the main water treatment plant.
Instead, the city indicated that it didn’t provide service there, according to the report from Sunshine 811. Deputy City Manager Rob Hernandez said the city’s water line isn’t on that property; it’s 75 feet north. The digging was being done to the north and east of the requested location, he said. “It appears that where the contractor was digging is not where they indicated on the 811 ticket,” Hernandez said. “Our investigation is still ongoing.” The owner of Florida Communication Concepts, Tim Hicks, said he couldn’t comment, and FPL has declined to answer reporters’ questions.
Contractors contact Sunshine 811 to alert agencies about the work they plan to do and to find out whether there are pipes or underground facilities they need to avoid when digging. The service then alerts the utilities, which are supposed to inform the contractor whether they have lines in the area and mark them if they do. Florida Communication Concepts filed a ticket with Sunshine 811 on June 25 to install conduit in July for FPL near Fort Lauderdale Executive Airport, records show. Sunshine 811 notified Fort Lauderdale and nine other entities, based on maps they submitted to Sunshine 811 that indicated it was possible they could have equipment near the work site. Tamarac and Crown Castle Fiber responded that they had no facilities there. Oakland Park, Teco People’s Gas of South Florida and CenturyLink said their lines were outside of the work site.
Others said they did have equipment in the area. Fort Lauderdale Executive Airport, Comcast Cable, AT&T and FPL indicated that they marked the locations of their lines for the contractor.
Fort Lauderdale responded as well, but it used a code indicating that no city utilities were present at that excavation site. The code it used said “another company provides the services at this location.” That code typically is used by utilities that do not have services at that exact location, according to Sunshine 811′s online site. Hernandez said that’s because the city doesn’t have any water lines at the property address the contractor listed. He also said Florida Communication Packet Page 422
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Concepts said on its Sunshine 811 form that it would not be doing boring, but that’s how the city’s pipe was pierced. Fort Lauderdale receives dozens of requests each day from Sunshine 811 for underground line information. Sunshine 811 sent the city 20,501 notices last year and 12,635 so far this year, the service reported. The requests go to the city’s distribution and collections chief for its water and wastewater services. A city police report filed at the time the line was punctured said the company had used the line-locating service. However, it cited Florida Communication Concepts for not having a permit for the work, violating city codes. It issued the contractor a “Notice to Appear” citation. City officials said a date has not been set for a hearing.
It’s not clear whether a permit was needed. Hernandez said last week that FPL has a franchise agreement with the city that does not require the utility to get a permit every time it digs.
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Post Gazette (PA)
July 19, 2019
Fort Lauderdale gets ‘Temporary Relief’ While Crews Repair a Water Main Break Author: Dakin Andone & Emanuella Grinberg
Officials in Fort Lauderdale, Florida, said a temporary fix water has running again after a main break left an estimated 220,000 customers without service Thursday. Water is flowing below normal pressure and is expected to return to "near normal" sometime Thursday night, Mayor Dean Trantalis said in an evening news conference. A subcontractor repairing electric lines on Wednesday struck a pipe that supplies water to a treatment plant, cutting off the city's water supply. No major incidents were reported as a result of the outage, the mayor said. A partial patch was placed on the hole, increasing water pressure, Mr. Trantalis said. Those involved in the repairs are "confident" that the patch will provide "temporary relief" while crews work to redirect the water flow through a backup line and replace the broken pipe, he said.
The installation could take through the weekend, Mr. Trantalis said. While repairs are underway, a boil water advisory is in effect until and water distribution sites will stay open until at least Saturday, Mr. Trantalis said. With repairs underway, he said the city's focus will shift to investigating the cause and seeking compensation for not only the city but hotels, restaurants and other businesses impacted by the service outage. "This was not just a minor incident, this impacted many hundreds of thousands of hundreds of people," Mr. Trantalis said. "It was clearly haphazard," he said. "It's clearly something that we're going to seek retribution for." What the city is doing to fix the pipe
On Wednesday, a subcontractor working near the city's Executive Airport for Florida Power & Light damaged a 42-inch city pipe that supplies water from wellfields to the Fiveash Water Treatment Plant, the mayor said. The service outage impacted the city and surrounding municipalities that receive water through the city, including Lauderdale-by-the-Sea, Oakland Park, Wilton Manors and sections of Davie and Tamarac. An estimated 220,000 customers were impacted, Deputy City Manager Rob Hernandez. Crews are now building a concrete bunker around the broken pipe to seal the break and protect the pipe, Mr. Trantalis said. The bunker should be completed by 10 p.m. ET and the Fiveash Water Treatment Plant should be back to full and normal operation, he said. The temporary fix will give crews time to redirect the water flow through a backup line, Mr. Trantalis said. Once the backup line is in place, a replacement pipe for the primary main will be installed, likely over the course of the weekend, the mayor said.
Cause of outage under investigation
Earlier Thursday, Mr. Trantalis said crews responded immediately, but as they were working, the damaged pipe collapsed, forcing the city to turn off the water flow. During Thursday night's news conference, he suggested the subcontractor bore the brunt of the blame for "something they should not have done." The subcontractor has been cited and an enforcement action has been launched, the mayor said, although he was unable to identify the specific citation. When initially asked if there was anything the city could have done better, the mayor responded "no," then Packet Page 424
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added, "Yes -- we could have foreseen this but you can't foresee these types of things." Later in the press conference, the mayor maintained the incident an "accident" caused by "human error," but he also acknowledged that it put a spotlight on the city's redundancy systems.
Deputy City Manager Rob Hernandez said "difficulty" with at least one valve that was supposed to redirect water to the redundant system, leaving them unable to isolate the damaged section of pipe. "What [this] pointed out to us is that we need to pay more attention to our infrastructure needs and that we need to go back and make sure that these redundancies systems do work when they're supposed to work." Residents in need of bottled water can find it at the Beach Community Center on 33rd Avenue, Mills Pond Park on Northwest 9th Avenue and Riverland Park on Southwest 27th Avenue.
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SavannahNow
Posted May 26, 2019 at 8:18 PM Updated May 27, 2019 at 12:29 AM Savannah’s city manager out on medical leave
By DeAnn Komanecky and Eric Curl
Savannah City Manager Rob Hernandez is out on medical leave, with Patrick Monahan now serving as acting city manager. Hernandez tendered his resignation on April 12 with a last work day date of June 30. Whether Hernandez’s medical leave will change when he leaves his post is not known. City spokesperson Ken Slats said no other details are currently available. Monahan, a former Chatham County assistant manager, was hired in April as a consultant to work with Hernandez, starting in May. Monahan retired from the county in 2013 and has said he would only take the interim position temporarily, but is willing to stay long enough after this fall’s election for the new city council to hire the long-term manager next year. He will be paid $20,000 a month for up to 12 months, under the agreement.
Hernandez’s resignation came after news broke of his pending departure for a job as deputy city manager of Fort Lauderdale, Florida. Hernandez declined interview requests regarding his resignation, but said in a subsequent press release that he and his wife decided to go back to south Florida to help their siblings care for their elderly mothers. He indicated there was more to the decision than just family reasons, however, in correspondence obtained by the Savannah Morning News. Hernandez said he intended to stay away from city manager positions for a while after being asked about his plans by Lake Wales, Florida, City Manager Kenneth Fields. “The last three years here have been tough as a (city manager),” Hernandez said. He responded in a similar manner to an April 12 email from Chatham County Engineer Leon Davenport. “Tough town,” Hernandez said. “Going back to Fort Lauderdale.” The city council hired Hernandez as city manager Sept. 1, 2016, with a $238,000 salary and $600 monthly vehicle allowance, as well as a $7,000 annual 457 retirement plan. After his arrival, Hernandez led the city through a major restructuring and successful development of a strategic plan. The city has also experienced two years of budget surpluses after Hernandez had implemented a hiring freeze and budget cuts. His impact was praised by some of his executive team following word of his departure.
City Management Coordinator Joe Shearouse Jr. wrote in response to his resignation notice that he thought a lot about the accomplishments Hernandez had made in Savannah. “Your impact on people is extensive and much more influential than a project or initiative,” Shearouse said. “Your openness and eagerness to provide us opportunities to grow and learn is lasting and far reaching.” Special Projects Coordinator Daphne Williams said in an email that it may be a long time before they get someone else comparable. “Our team was on fire,” Williams said.
Hernandez also experienced his share of criticism, which began shortly after his arrival when he proposed cuts, which were ultimately restored, to arts organizations and social programs. And he was widely panned by residents following the implementation of a fee for fire service.
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— to contribute to the rising costs of providing fire protection. Public indignation only grew when Hernandez presented the council with a spending plan for a budget surplus from 2017 of more than $10 million about five months after the fee was adopted. The fee was ultimately repealed, but Hernandez later attributed some subsequent job searches to the widespread opposition he encountered following its implementation.
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Savannah Morning News (GA)
April 29, 2019
Savannah Could Get More Affordable Housing Under These Proposed City Programs Author: Eric Curl
About 44 percent of Savannah families cannot afford quality housing, according to city officials.
In other words, almost 24,000 local households are cost burdened because they spend 30 percent or more of their income on housing, said Housing and Neighborhood Services Director Martin Fretty. To address the issue, the city is considering some new affordable housing initiatives that were presented to the Savannah City Council during a workshop Thursday. The initiatives include a $20 million investment to acquire, redevelop and sell 1,000 blighted properties over a 10-year period. The investment would provide more affordable housing, while also reducing the number of abandoned properties that cost the city an average about $1,300 a year each in lost tax revenue and expenses related to police, fire and code enforcement services, Fretty said. The city is hoping to get $10 million for the acquisition program included on the Special Purpose Local Option Sales Tax referendum going before voters this fall. The eventual sale of the properties would go back into a revolving fund and help drive down costs for future investments, Fretty said. "After a couple of years you ought to be able to recover, we think, 80 percent of what we invested in the properties to acquire them," he said. The city is expected to meet with Chatham County officials next month to discuss the SPLOST project list and determine Savannah's distribution share of the sales-tax revenue. Savannah affordable housing presentation by savannahnow.com on Scribd. Inclusionary zoning. The city is also contemplating the implementation of an inclusionary zoning policy, similar to one established in Atlanta last year.
The policy would require developers of apartment projects to include a certain percentage of affordable units or pay a one-time fee into a city housing fund. In turn, the developer could select from a list of incentives that could allow for more units, reduced parking requirements and a streamlined permitting process. In Atlanta the program applies to areas where the city is experiencing the pressures of redevelopment, said Bridget Lidy, Savannah's director of planning and urban design. In Savannah, the Canal District, where the new arena is being built west of downtown, provides an opportunity for the program's launch, Lidy said. "It's ripe for this," she said. The proposal received general support from the council, although it is still early in the process. Lidy was encouraged to set up a meeting with Atlanta officials, who she said have expressed interest in helping Savannah establish their own initiative.
And City Manager Rob Hernandez said he thought the city would likely need to hire an outside consultant before they could develop an inclusionary zoning policy. "I think we need to bring in the resources from other communities that have gone through that process," Hernandez said. "We haven't and there is a lot of stakeholder involvement and a lot of legalities involved." In the meantime, the city has developed some proposed standards to reduce development costs and increase the amount of affordable housing, including the reduction of the minimum lot size and parking requirements in traditional neighborhoods. In addition, the city's proposed new zoning ordinance, NewZo, provides more flexibility for constructing accessory dwelling units, with no more than one bedroom, in some areas. City officials are planning for the new ordinance to be adopted in July after public hearings are held in June.
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Savannah Morning News (GA)
April 13, 2019
Hernandez Formally Resigns Post
Author: Savannah Morning News
Savannah City Manager Rob Hernandez formally submitted his resignation letter Friday morning. "Such letters are never easy to write and I hope it conveys my appreciation to all of you and our great staff, especially those that sit around the table with me each Monday," Hernandez wrote in an email to the city council and city staff. "I know that I've made some mistakes along the way as I am far from perfect. Please know that I have always attempted to do what is in the best interest of the city in the long term, and endeavored to create a culture of fairness, professionalism, integrity, inclusion, diversity, opportunity and ingenuity. I'm fortunate to have been surrounded by a team of good people. I'm grateful to have known you. Together, we've gotten a lot done since October 11, 2016. I hope that I have served all of you well," he wrote. "Thank you for the opportunity to serve as your city manager." Fort Lauderdale City Manager Chris Lagerbloom informed the Savannah Morning News on Thursday that Hernandez will be joining the city as deputy city manager later this summer. In a formal resignation letter addressed to the mayor and alderman, Hernandez touted the team's accomplishments, from upgrading the city's bond rating to launching the design of the new arena. "I have been honored with the privilege of serving as Savannah's eighth city manager since adoption of the council-manager form of government in 1951. I joined the City on the heels of Hurricane Matthew on October 11, 2016, and since then we've weathered literal and figurative storms and overcame numerous obstacles in providing exceptional municipal services," Hernandez wrote. "We accomplished much during this time while simultaneously creating an organizational spirit focused on one simple concept: Forward. Forward is a fanatical passion for momentum, progress and achievement. It is an obsession with what is possible rather than the status quo. It is the driver behind our biggest accomplishment - SAVANNAH FORWARD, our guide to strategic policy-making and investments through 2025." Hernandez said in a press statement issued later that he and his wife decided to go back to south Florida to help their siblings care for their elderly mothers. His resignation is effective June 30.
Savannah Mayor Eddie DeLoach has recommended that former assistant Chatham County Manager Pat Monahan serve as interim city manager, but he is awaiting support for that decision from the rest of the city council. A special meeting has been called for 6 p.m. Monday in the Media Room on the second floor of City Hall for the council to consider an interim city manager.
The next city manager is not expected to be hired until after the new city council is sworn in next year following this fall's election.
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Savannah Morning News (GA)
January 9, 2019
Savannah City Manager Rob Hernandez: Government Leadership Backs Savannah Fire Department
Author: Rob Hernandez
There has been much discussion in recent days about staffing levels within Savannah's Fire Department. I would like to take this opportunity to address misinformation circulating in social and regular media outlets.
First, what the city government has not done:
• We have not closed any fire stations.
• We have not laid off any fire personnel.
• We have not left any neighborhood in Savannah unprotected. • We have not taken steps that will delay Savannah Fire's response time to an emergency.
What we have done is eliminate vacant positions in Savannah Fire over the past two years. To put those reductions in context, I would like to take you back to 2014. For the first time that year, Savannah Fire was granted an ISO Class 1 rating — an insurance classification that evaluates a community's fire operations and water infrastructure. Less than 1 percent of fire departments in the nation are rated Class 1. The following year, in 2015, Savannah received a three-year, $3.5 million FEMA grant designed to increase staffing levels in Savannah Fire. We did just that. In 2015, we added 15 firefighter positions. In 2016, we added another 15 firefighter positions. And in 2017, we grew by 10 more firefighter positions. Add it all up and over a three-year period we added 40 new firefighters to our payroll — a 12.6 percent staffing increase. At 366 total positions, including 341 firefighters, this was the highest staffing level in Savannah Fire's history.
That grant ended in 2017, and with it we faced a difficult decision: Do we ask Savannah taxpayers to continue funding this increased staffing level, or do we make reductions? We were facing flat revenues that year, and direction from city council to continue making investments in the police department. To balance the 2018 budget, we eliminated 45 vacant positions across the city government organization, including 18 within Savannah Fire. Council directed that those cuts come from Engine 16/Marine 1 — a specialized unit that operates the fire boat and a backup pumper truck at fire department headquarters on Oglethorpe Avenue. That same budget authorized a permanent funding solution for fire operations: the fire fee. That fee was rejected over the summer, and during months of public discussion we heard repeatedly from property owners that they preferred a smaller fire department over paying a new fee to fund fire services.
We contracted with the University of Georgia Carl Vinson Institute of Government to analyze Savannah Fire operations and make recommendations on better use of resources. I expect those recommendations within the month, but preliminary discussions with the report authors identified options for increased efficiency and reducing costs. The 2019 budget was balanced with the elimination of another 15 vacant positions. The UGA recommendations will drive where Packet Page 430
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those reductions are made. It is important to note that even with the elimination of these 33 vacancies over the past two years, Savannah still has seven more firefighter positions today than we did in 2014, when we received our ISO-1 rating. And we are still well-staffed compared with communities our size; Charleston, for instance, has one fewer firefighter position than Savannah, and 24 percent more territory to cover.
As a resident or business owner in this city, you are served not just by the fire station located in your neighborhood, but a fire protection system consisting of 15 stations and 22 emergency response vehicles. The city government also maintains agreements with our adjacent cities, which provide us access to more than 20 other fire stations, firefighters, and equipment should they be needed in the unlikely event all of our resources are unavailable. No area of the city will ever be left without a response to a fire. We are fortunate to have one of the best fire departments in the nation. Savannah Fire will continue to be, even with these adjustments.
Rob Hernandez is Savannah's city government manager.
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WTOC 11
April 9, 2019 at 11:21 PM EDT - Updated April 11 at 10:36 AM City of Fort Lauderdale extends offer to Savannah city manager By Sean Evans
SAVANNAH, GA (WTOC) - Several sources have confirmed that Savannah City Manager Rob Hernandez is leaving his job. “The city is losing a very smart and talented individual,” Savannah Alderman John Hall said. “I wish Mr. Hernandez the best wherever he goes. Our loss is another city’s gain.” Hernandez said that he has not officially tendered his resignation or discussed this with all of city council as a group. He said he will not release a statement until he felt it was the appropriate time. We’ve reached out to the mayor’s office and the city spokesperson for comment.
Hernandez came to Savannah from Broward County, FL in 2016. “He inherited a virtual mess.
Remember, he came in in the middle of a hurricane. The first hurricane we’d had in what, 27 years," said District 4 Alderman, Julian Miller. In addition to dealing with the aftermath of Hurricane Matthew, Hernandez was tasked with completing a budget and coming up with a blueprint that would carry Savannah years into the future. “He has come up with the city’s first strategic plan and gotten it going. He has refined our logo so we have the same logo everywhere.
There’s an awful lot he has done, most of which the public will never see," Alderman Miller said. Several things spear-headed by Hernandez have been very public, like re-establishing a Savannah Police Department after the de-merger with the county, the search for a new police chief, and the fire fee proposal.
Less than a year after the fire fee proposal was dropped by city council after public backlash, Hernandez referenced it in a moment of levity during his speech at a firefighter award ceremony Wednesday afternoon. “Believe it or not, the city actually imposed a fire fee way back in the early 1800′s to provide fire protection services to all property owners of the city. I wish I would’ve known that a year-and-a-half ago. That could have helped us sell what we were trying to do a little easier to those that were opposed to what we were trying to do," he said.
If Hernandez is in fact out the door like sources tell us, city leaders know they need a similar leader to take the helm. “When you run a city, there are so many moving wheels and so many gears going in different directions. There’s always going to be hundreds of things that have to be addressed. That’s why it’s going to take someone who really knows what they’re doing to pick up the mantle and go forward," Miller said.
Hernandez’s previous attempts to change jobs have been publicized. In August of 2018, it was announced that Hernandez did not get a county administrator position in Pinellas County, FL.
The city of Savannah confirmed he was a finalist for the position. Hernandez was also on the shortlist for a city manager position in Brownsville, TX. At the time, Hernandez said he wasn’t sure if the Savannah community wanted to work with him. “Criticism of government is healthy and important, and comes with the territory,” he said in a statement in August of 2018. “I don’t take it personally, even if some of the attacks on me have been very personal. What I do want is Packet Page 432
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to work in a community that wants to work with me. I am not sure that is currently the case.
Amid a sustained level of criticism and uncertainty, I have considered opportunities outside Savannah. While I have no desire to leave, I did feel it was a prudent move for me and my family.” Hernandez was a key architect of a proposed fire fee in Savannah that drew the ire of many in the city. The city council withdrew the fee from consideration after a tortured finetuning process. The mayor proposed to halve the fee weeks before it was withdrew.
Chaz Adams with the city’s strategic communications office says Hernandez has received an offer as Deputy City Manager for the City of Fort Lauderdale Florida. “The City of Fort Lauderdale has extended an offer to Roberto “Rob” Hernandez for the position of Deputy City Manager. The offer is contingent upon approval from the Fort Lauderdale City Commission. The commission plans to consider the item at their next meeting, which will take place on Tuesday, April 16,” Adams said. City council will hold its regularly scheduled meeting on Thursday.
We’ll be following this closely to see if anything is announced regarding a resignation, as well as what’s next if the Savannah city manager position becomes vacant.
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Savannah Morning News (GA)
December 20, 2018
Savannah City Council Oks $1M Fire Station Sale Despite Buyer’s History of Code Violations
Author: Eric Curl
The Savannah City Council on Thursday approved the sale of a former fire station, despite the buyer's history of being cited for code and maintenance violations at multiple properties throughout downtown. The $1.05 million sale to Inman Park Properties came after three proposals were submitted to the city and evaluated by a five-person staff committee. Inman received the highest score after proposing to preserve and restore the 72-year-old building at 6 W. Henry St. for use as a cafe and office space. Rajesh Patel had proposed paying $525,000 for the property, while Lynch Associates Architects offered $455,000. The sale was quickly approved without discussion by the city council, with the exception of Alderman Bill Durrence, who had stepped out of the chambers to speak with someone who was leaving.
Durrence, who represents the area where the building is located, said he probably would have voted for the sale also. It was his understanding that most of the property maintenance issues have been addressed and he was hoping to see something done with the building, Durrence said. "The bottom line for me is that it didn't matter how I voted because the majority of council made up their mind that for that price point, they were going to sell it," he said. Inman's proposal is expected to activate the "somewhat stagnant" block and generate 75 full-time jobs in the neighborhood, according to the developer's proposal. Inman reported that construction was expected to begin 120 days after closing and take one year to complete.
Staff had delayed consideration of the sale in October following inquiries from the Savannah Morning News into the buyer's past code and property maintenance issues. From 2012 through 2016, the city instigated 16 Chatham County Recorder's Court cases against Inman's owner, Jeff Notrica, for 14 downtown properties. Charges related to overgrown vegetation, maintaining a clean and sanitary property, safety, defacement of property, accumulation of garbage, and an unsafe building. The pending sale comes after the approved sale this year of multiple downtown city properties. City Manager Rob Hernandez has touted the sales as a way to return outdated properties to the tax rolls and raise revenue for the construction of a new municipal center west of the Historic District, where the city is building a new arena.
However, Hernandez said during an interview Tuesday that the sales revenue may instead go toward construction of the arena. The amount of current voter-approved Special Purpose Local Option Sales Tax is expected to raise $120 million, while about $22 million was raised during previous tax periods. Still, the city expects to need an additional $20 million to $40 million to cover the estimated $140 million to $160 million costs of the arena's construction, as well as relocating public works from the arena site and building a new complex for that department, Hernandez said. The city does not plan on adding the arena to the next SPLOST referendum going before voters this fall, he said.
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Savannah Morning News (GA)
November 16, 2018
Savannah Proposing Slight Property Tax Cut, Employee Wage Hike Author: Eric Curl
The owner of a home valued at $100,000 will save about $8 a year under a proposal to reduce the property tax rate in 2019, according to city estimates. The reduction from 13.40 mills to 13.20 mills was requested by the Savannah City Council on Friday, the second day of a two-day budget retreat, after staff had initially proposed retaining the existing rate. Alderman Brian Foster advocated for the reduction to provide some relief to taxpayers after the rate was increased from
12.48 mills this year following the elimination of the widely opposed fire fee. "It's a start," Foster said. The council also directed staff to incorporate a 3.5 percent wage increase for employees next year. The proposed increase was agreed to as a compromise after Alderman Van Johnson had initially sought to bump staff's recommended 3 percent wage increase to 4 percent. "The fight for the best and the brightest is real and people ultimately go where they will be paid," Johnson said.
To maintain a balanced budget, while accommodating the council's wishes, staff said they increased their "conservative" projections for property tax revenue growth next year from 3 percent to 4 percent. In addition, staff plans to cut another $1 million from the proposed budget to cover the remaining costs, said City Manager Rob Hernandez. The 2019 budget is expected to be presented to the city council for adoption next month. Since Hernandez arrived in late 2016, he has touted the need to address what he described as a structural imbalance resulting from expenses exceeding revenue. The fire fee adopted this year was an attempt to address that imbalance, but the council voted to repeal that new revenue source after facing widespread opposition from property owners.
Hernandez said he believes the city has made progress, but noted the concerns raised by the council during the retreat that funding was lacking for infrastructure and service improvements. "We're still imbalanced in that this budget is not able to adequately address those needs," he said. "We are addressing them, but the need really outstrips our ability to fund them." The next Special Purpose Local Option Sales Tax, which goes before voters next fall, has been touted by the council and staff as a way to fund needed infrastructure improvements, but Hernandez said the city cannot rely on the tax to resolve the issue. The city will also be looking at more models to fund municipal services, including a potential stormwater fee to cover the cost of drainage projects, Hernandez said. In July 2017, the city council unanimously approved a $49,651 contract with Atlanta-based Stantec Consulting Services to study the feasibility of such a fee and how it would be implemented, but the study's findings have never been presented. "We continue to look at that and we will be bringing that back to City Council at the appropriate time," Hernandez said.
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Savannah Morning News (GA)
August 31, 2018
$3.9M Mistake Mucks Up Arena Contract
Author: Eric Curl
The Savannah City Council on Thursday delayed by two weeks consideration of an $11.2 million contract with AECOM Hunt to manage the construction of the new $140 million arena, after learning the contract amount is actually about $3.9 million more than city staff had initially reported. The vote for the delay came after staff explained during the morning workshop that a misreading of the fee proposal had led staff to initially report that the contract was $7.3 million - the amount that was on the meeting agenda until Wednesday. The originally reported amount should have been a red flag since it was so much lower than the amounts submitted by the other two finalists for the contract, said Alderman Bill Durrence. Turner Construction had proposed serving as construction manager at a cost of about $13.6 million, while JE Dunn's proposed cost amounted to almost $12.7 million. "I'm very nervous," Durrence said. "I never spent $140 million before." Pete Shonka, executive director of arena development, said that AECOM Hunt still had the lowest price and highest evaluation score after the error was corrected.
City Manager Rob Hernandez also said he felt confident in moving forward with the recommended contractor after determining the company had followed the process correctly, while acknowledging the error should not have occurred in the first place. "That reflects poorly on me and I apologize," Hernandez said. "We will double down to prevent circumstances like this in the future." Council members said they wanted more time to see how the error occurred before taking a vote. "The severity of it should not be lost," said Alderman Julian Miller. "We are going to be doing an awful lot of contracts and we need to have confidence on that." Walter Murphy, vice president at JE Dunn, had also spoken out against the contract being awarded to AECOM during the meeting and had informed the council that he had notified the city manager of the issue. "We were told it was a scrivener's error," Murphy said "I don't think so. I think the bid was non-responsive."
In other council news, city council approved the $14 million sale of two downtown buildings.
Mayor Eddie DeLoach joined Aldermen Carol Bell, Durrence, Brian Foster, John Hall and Miller in approving the sale of the historic Gamble Building next to City Hall for $8.5 million, while Aldermen Van Johnson, Estella Shabazz and Tony Thomas cast the opposing votes. The buyer, Foram Development, plans to convert the building into a condo complex with rooftop gardens. Staff had recommended the sale as a way to rid itself of a building that requires extensive repairs and generate ongoing revenue by putting it back on the tax rolls. But Thomas said he disagreed with staff's assertion that the historic building was not adequate for city use. "I'm a little bit more of a sentimentalist," he said. "I believe the city is giving up its imprint on the riverfront."
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said he was afraid residents were being priced out of living in the city. "This was in my mind a wonderful opportunity to provide affordable and workforce housing for people to live downtown," he said. The approved sales come two weeks after the city council's vote to sell the Broughton Municipal Building to Columbia Ventures for $4.5 million. The buyer intends to convert the mid-century building into a hotel with retail on the ground level. And in April 2017 the council approved the $5 million sale of a 1.2 acre lot on Oglethorpe Avenue, where a developer plans to construct a mixed-use residential complex.
Hernandez said the funding from the sales is being invested into a reserve account for a modern municipal center he is considering building west of downtown near the arena to consolidate city departments. The total costs of that project, which would include a public safety complex, have not been determined, Hernandez said. "We still have a lot of work to do on that," he said. "We still have to flesh that concept out with city council." In the meantime, the city has been relocating staff into 36,538 square feet of leased office space on Chatham Parkway at an annual cost of about $785,000.
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Savannah Morning News (GA)
July 11, 2018
City: Funding Problems not Over
Savannah May be Facing Tough Budget Process for 2019, Hernandez Warns Author: Eric Curl
The recent repeal of the controversial fire fee may have been welcomed by property owners concerned about the additional expense, but city officials are not breathing easy as they look toward Savannah's financial future. With the elimination of the dedicated fee, which would have freed up millions in general funds, the city may be facing a difficult budget process for 2019, according to City Manager Rob Hernandez. Hernandez warned the Savannah City Council last week that their plan to increase the property tax rate by 0.92 mills, or 7.4 percent, will not resolve long-standing financial challenges that the fee was meant to help address. Almost a third of city parcels pay little or no property taxes due to being exempt or having low value, and tax digest growth has not kept pace with expenses, Hernandez said. "I don't want anyone leaving here today with a rosy picture of 2019's budget process," he said. "We are structurally imbalanced."
The mayor and aldermen are expected to adopt the tax increase on July 19 to restore almost $10 million of the $16.5 million in revenue lost with the elimination of the fire fee. The city also implemented a hiring freeze and cut expenses, including $1 million Mayor Eddie DeLoach had sought for an early childhood learning center being planned by the Savannah-Chatham School Board. With the proposed tax increase, the city will be able to preserve funding for some priorities that included software upgrades, enhanced right of way maintenance, Waters Avenue streetscape improvements, increased city reserves, and the Savannah Shines neighborhood revitalization initiative that has already begun in Edgemere/Sackville, said Alderman Julian Miller. "I'm not sure if everyone understands how deplorable the city's computer system is," Miller said. "We're still running programs that most people have abandoned 20 years ago." Alderman Brian Foster said the city will also maintain the full staffing levels of the police department after adding more than 120 officers to patrol the city following the department's split with Chatham County in February. "We are fully staffed and have been for a while in the first time in over a decade," Foster said. "That's what the public asked for and we have successfully done that." Savannah's property tax rate has been decreased or remained the same every year since 1994, aside from a six-month half-mill increase in 2010 that was dropped back to the previous rate the following year. The current rate of 12.48 mills has been in place since 2013.
For the owner of a home with a fair market value of $150,000, the proposed increase amounts to $55.20 annually or $4.60 per month.
Alderman Tony Thomas said that every effort would be made to reduce the rate in 2019, but Hernandez responded by casting doubt on that scenario. "I don't know at this point in time because it's still too early in the process for FY19 to determine, in fact, whether we are going to have a smooth budget process or we're going to have a rocky budget process like we've had the last couple years," Hernandez said. "So please do not leave here today thinking that budget Packet Page 438
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process for FY19 is going to be a smooth one because I can't guarantee that." Savannah Alderman Van Johnson suggested that the city meet with residents before the budgeting process begins to reconcile what they want and what the city can afford. "We have a region that takes advantage of many of the services that we provide that they do not pay for," Johnson said. "So I think part of this discussion is educating individuals that we can give everybody what they want, but there is a cost to it." Hernandez said that the city's budget director, Melissa Carter, has already proposed holding several citizen engagement panels to walk residents through the budget process, "allowing them to see how difficult it is to put together a $400 million budget for an enterprise the size of the city of Savannah." The council will hold two additional hearings at 9:45 a.m. and 2 p.m. July 19 before a making a final vote on the tax rate increase.
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Savannah Morning News (GA)
June 8, 2018
City to Consider $11M in Cuts
Council Approves Adding Sunday ‘Brunch Bill’ to November Ballot Author: Eric Curl
With less than six months left to go, City Manager Rob Hernandez has been charged with cutting more than $11 million from this year's budget. On Thursday, the Savannah City Council directed Hernandez to figure out over the next week what cuts can be made to make up for the anticipated loss in revenue, as the mayor and aldermen prepare to reduce the controversial fire fee by more than half in the face of widespread opposition. "We're just asking the city manager to go back and modify the numbers and bring us something forward that people can feel better about," said Mayor Eddie DeLoach. As proposed by the council, a property tax increase is not an option and the city would retain the one mill tax rate decrease that was approved in conjunction with the fire fee as part of the 2018 budget. The council's vote came after DeLoach announced on Wednesday a proposal to reduce the fee by 53 percent, which would bring the fee to $120 for residential properties. The city is also offering discounts of up to 20 percent until June 15, which would bring the total to $96. Mayor Pro Tem Carol Bell also suggested that Hernandez present an alternative option to cover the costs of eliminating the fire fee entirely. "As a council, let us determine if that's the way we want to go," Bell said. Previous attempts last month by Aldermen Van Johnson, Estella Shabazz and Tony Thomas to repeal or lower the fee were voted down by the remaining members of the city council during deliberations on how to spend $10 million surplus from last year. On Thursday, Thomas said he was staunchly opposed to the fire fee, but was concerned the council was being unfair to Hernandez by not making the $11 million reduction request when the surplus was presented. "I don't know if the city manager has truly analyzed that plan to see if he could reach that number," Thomas said. "And I don't know either what other options are completely out there." The surplus spending plan, which left the full fire fee intact, included funding to pay off the purchase of the Coastal Empire Fair site; complete the Cultural Arts Center; install computer security upgrades following a malware attack; fund a staff compensation study; and assist the Savannah-Chatham School Board in establishing an early learning center touted by DeLoach as an anti-poverty initiative.
Hernandez said Thursday he did not recommend using the surplus funds to make up fire fee cuts because the savings and unexpected revenue from 2017 were going toward one-time expenses and that the fire fee was meant to free up general funds for ongoing operational costs. "It would come back to bite us at some point in the future," he said. The proposed budget cuts are expected to be presented for the council's consideration during a budget workshop June 18. The tax rate has to be formally adopted by the end of the month and the council is expected to vote on the revised budget at their meeting June 21. Prior to the regular meeting, the council got a briefing on a hardship program the city is developing for low-income property owners who are unable to afford the fee. The city is now seeking a nonprofit social service provider to administer the program so applicants can also have an opportunity to get assistance with additional needs, said Tafanye Young, Chief Community Services Officer. "We're hoping that people will take advantage of this and see rewards beyond just the fire fee being waived," Young said.
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Savannah Morning News (GA)
April 12, 2018
The Sense in the City’s Spare Cents
Author: Eric Curl
Savannah had a better year, financially, than expected, according to city officials. Now, the city is planning on providing $2 million in funding needed to complete the new Cultural Arts Center, paying for security upgrades following a recent computer malware attack, and covering the full costs of a 3-percent performance-based pay increases for employees, after recently closing out the 2017 budget with a $10 million surplus. The surplus stemmed from a combination of about $5.2 million in revenue coming in higher than anticipated, in addition to expenses coming in about $4.7 million below budgeted amounts after the city implemented a hiring freeze last year, said City Manager Rob Hernandez.
Most of the growth was from elastic revenues, such as lodging and sales taxes, that expand and contract with strength of economy, Hernandez said. "We have a general idea how the economy is going to perform but it's a guess and science at the same time," he said. "So in 2018 our budgeting numbers are a bit more optimistic than they were when we put together the ‘17 budget, but something could happen tomorrow." The funding plan going before the Savannah City Council Thursday will also increase reserve funds, pay a debt owed for purchasing the Coastal Empire Fairgrounds site, and cover costs associated with converting a section of Montgomery Street for two-way traffic. In addition, staff is recommending that the revenue go towards staff relocation costs related to the planned sale of two downtown buildings and a compensation study to address pay inequities.
"We also did a reorganization this year and created new job titles," Hernandez said. "We think we slotted them in the right place, but it's time that we do a real in-depth review of our pay and compensation practices." Almost 100 positions were eliminated as part of the reorganization, with about 40 of them vacant, but dozens of new positions were added and impacted employees were given the opportunity to apply for the jobs. Seven employees ended up not being placed either because there was nothing available or they did not accept the position offered, according to city officials. And after the city council voted to add 24 new positions to the police department this year, there ended up being a total net reduction of one position.
Hernandez said the surplus does not negate the need for the city's new fire services fee, which was implemented to correct a structural imbalance the city has faced for years. "If we didn't have the hiring freeze and agencies spent every dime we got budgeted, we would have only $5.2 million in extra revenue," he said. "The fire fee provides us an opportunity to take $21 million of pressure off of the general fund." The city council recently approved an ordinance that offers up to a 20 percent discount on the fee for installing safety equipment, developing emergency plans and participating in fire training programs. Property have between April 15 and June 1 to apply for the reduction before bills are sent out in the fall.
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security measures after a malware attack discovered in February impacted some city services.
The malware appears to have been eliminated, but the city is still not accepting email attachments as a precaution, said city spokesperson Michelle Gavin. "We think that we've gotten it," Gavin said. "We've taken all the measures to wipe computers and have taken some extreme measures, but it's an ongoing thing."
Proposed surplus expenditures
Transfer to Reserves/General Fund Balance: $2.5 million Performance-based 1-percent employee pay increase: $600,000 Cultural Arts Center Overrun: $2 million
Montgomery Street redirection project: $1 million
MPO agreement amendment: $200,000
Revenue dept. relocation: $500,000
Fairgrounds - Pay off Debt Service: $1.4 million
IT/Malware Equipment Recovery: $500,000
Relocation Contingency: $100,000
Compensation study: $300,000
Facility repairs and improvements: $800,000
Rental of backhoe - Cemeteries: $100,000
Total: $10 million
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Savannah Morning News (GA)
February 18, 2018
Savannah Restructures Government Operations
Officials Tout Plan as Way to Make City Operations More Efficient Author: Eric Curl
New titles and responsibilities, along with salary increases in some cases, have been issued to a number of Savannah's department heads and top administrators as part of a government reorganization implemented by City Manager Rob Hernandez. Touted as a way to make city operations more efficient and achieve the Savannah City Council's priorities in a recently adopted strategic plan, new departments and positions have also been created, while others have been eliminated or modified. The restructuring consolidates two assistant city manager positions, one deputy to the assistant city manager position and five bureau chief positions into three executive officers. The employees selected for the new positions have the experience and personality to lead and get things done, Hernandez said. "That's what differentiates managers from leaders," he said. "I need leaders more than I need managers." Paying for quality
Marty Johnston, formerly a deputy assistant to the city manager, was selected to fill the chief operating officer position, charged with asset management, customer service, special events coordination and oversight of the financial and internal service functions of the city. The move bumps her salary up from $125,827 to $148,000. Heath Lloyd was selected as Chief Infrastructure and Development Officer, after previously working as the public works and water resources operations director. Lloyd's responsibilities include ensuring the safety of the city's infrastructure, producing safe drinking water, protecting buildings and streets from flooding, and improving the development process. Lloyd's new salary amounts to $148,000, up from his previous salary of $109,414. Taffanye Young was hired as the city's Chief Community Services Officer after previously serving as the Community and Economic Development Bureau chief.
Young is charged with unifying initiatives and programs focused on improving the lives of residents and providing them with clean, safe neighborhoods and access to quality housing, recreational facilities, leisure opportunities and supportive services. Her salary increased from $132,282 to $148,000.
The city's former budget director, Melissa Carter, also received a pay increase from $89,400 to $115,000 after being promoted to head the new Office of Management and Budget, which is responsible for preparing the city's yearly and long-term fiscal plans, as well as taking on an expanded role in grants development. And David Keating, who previously worked as a real property director, had his salary increased from $84,025 to $90,327 after being put in charge of a revamped Real Estate Services Department that now oversees property acquisitions, facilities maintenance, cemeteries, and the Civic Center. Pay was only increased for employees who have taken on additional responsibilities so that they are being fairly compensated, Hernandez said. "We want to keep the good ones," he said. "And also we have key positions we have to fill and we need to be able to compete and attract a quality workforce." Cutting grass and dysfunction After years of complaints about property maintenance issues and delays in completing planned Packet Page 443
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projects, departments that never talked to one another were merged and new offices were launched as a way to eliminate government bureaucracy and improve focus, according to officials. To improve property maintenance, quality of life and tourism impacts, a new Code Compliance department was created. Previously, code-related activities were handled by multiple departments, prompting situations in which a property maintenance enforcement officer could not handle a zoning violation, or vice versa. In addition, property maintenance was only citing code violations on residential properties and letting violations on commercial properties go or referring them to the building department, Hernandez said. "So we said time out ... we're bringing all that in house," he said. "We're going to do cross-training and we're going to have commonality in how our code enforcement is handled and prosecuted." Kevin Milton, a new employee with the city, has been hired as director of the department, with a salary of $115,000. Former Property Maintenance Director Kimberly Corbin is now working as Code Compliance Assistant Director, with her salary remaining at $80,368. Similar issues led to the consolidation of the city's landscape maintenance functions, including squares and monuments, into a new Greenscapes department. Prior to the consolidation, Hernandez said one team would cut an overgrown lot and then a different unit would come back a week later and cut the adjacent canal bank. And in some cases, Hernandez said, small equipment such as weed wackers would not be brought in until days after the larger mowers had cut down some city right-of-way. Now, work areas have been divided into grids that are maintained by regional teams responsible for basically anything that grows, Hernandez said. "They work a grid and don't leave that grid until everything is finished," he said.
Former Park & Tree Director Gordon Denney now heads the new department. His salary remains $80,368. The reorganization also included the formation of the Capital Projects Management office, which Hernandez said put five full-time positions in charge of overseeing $726 million in budgeted projects. That move was praised by Alderman Julian Miller recently when the council was given an update on the projects being funded by the voter-approved special purpose local option sales tax. Often-repeated concerns were raised about the time it has taken to complete some projects, and Miller noted that the department was created to address the issue. "This is one of those things going on behind the scenes that the public won't see that is really going to make a big difference," Miller said.
Staffing impacts
The restructuring came after the city imposed a hiring freeze upon Hernandez's arrival in October 2016, and at his direction only critical positions were filled for more than a year in anticipation of the changes. Almost 100 positions ended up being eliminated as part of the process, with about 40 of those vacant. Dozens of new positions were added, however, and impacted employees were given the opportunity to apply for those jobs. "In certain instances we were very lean in operations, and I think that was hurting us," Hernandez said. Seven employees ended up not being placed either because there was nothing available or they did not accept the position offered, according to city officials. And after the city council voted to add 24 new positions to the police department this year, there ended up being a total net reduction of one position, Hernandez said.
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Peter Shonka, ended up having his pay reduced by $15,624 to $140,619 after he became head of a new arena development district office - the office focused exclusively on developing the new arena and stimulating private and public investment in the surrounding redevelopment area. Such pay reductions were unfortunate, but in some cases could not be avoided, Hernandez said. "There may have been several, although not widespread, due to reduction in responsibilities," he said. A number of other staffers retained the same salary, while taking on new roles. Bridget Lidy, former Tourism and Ambassadorship director, was hired as the new Planning and Urban Design director after her department was eliminated. Her salary remains $85,703.
And Bret Bell, newly titled assistant to the city manager rather than deputy assistant, is now charged with handling legislative priorities, preparing the council's agenda, and working to ensure residents' concerns brought to the attention of aldermen are addressed. His salary remains $107,205. In addition, former Economic Development Department Director Manuel Dominguez's salary of $80,368 was left unchanged after he became head of what is now the Office of Business Opportunity, which is responsible for administering and coordinating the city's economic and small business development program. After being delayed for about two months as they attempted to find suitable jobs for all of the impacted employees, the reorganization became effective Feb. 1, said Hernandez, whose salary remains $238,000. "One thing I want to stress to folks is patience," he said. "We just put this new organizational alignment into play."
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Savannah Morning News (GA)
December 30, 2017
City Manager Talks ‘Funkification,’ Ferris Wheels in Savannah Opinions Expressed on Preserving Historic Structures Modernizing Others Author: Eric Curl
A modern looking arena could be in play, but a proposed Ferris wheel on River Street is out of bounds. City Manager Rob Hernandez recently shared his thoughts on architecture, historic preservation and development in Savannah, as the guest speaker at the Historic District Board of Review's recent retreat. During the hour-long discussion earlier this month, Hernandez also took time to describe one of his architectural "pet peeves." "I hate red brick," Hernandez said. "We seem to have this tremendous love affair with red brick." He said he would like the new arena the city plans to build west of the Historic District to have a more modern look, perhaps with stainless steel and glass, while still paying homage to history. "But it doesn't have to be rooted in red brick," he said.
The arena site is outside the board's jurisdiction, but Chairman Stephen Merriman Jr. later said he is not necessarily opposed to a more modern looking building being built at the site. "I would be more opposed to build an arena that appears like it was built in the 1850s," Merriman said. "It gives a false sense of history." Hernandez also made it clear that he believes City Hall is no longer an efficient place for himself and other city staffers to work or for the Savannah City Council to hold their meetings. He talked about his plan to build a modern municipal complex in order to consolidate the city's workforce, while possibly converting City Hall into a "working museum" where the mayor and aldermen could have offices. "We're going to preserve City Hall," Hernandez said. "We have to preserve it, but the day-to-day stuff can go somewhere else." The 111-year-old building is in serious need of repairs, and funds for the structure's restoration will need to be raised, possibly by including the project in the 2019 special purpose local option sales tax referendum, he said.
Hernandez got some pushback from board members when he said he was considering replacing City Hall's deteriorating wooden windows with modern faux-wood frames to make them more efficient and hurricane-resistant. Board members were concerned the move would ruin the building's historic integrity and lead to private developers also wanting to bypass ordinance requirements. They suggested the city install exterior wood windows with interior storm windows to achieve the results he is seeking. Otherwise, the historic protections in place would crumble, Merriman said. "That's one of the biggest things Savannah has going for it, is our ordinance," he said. There are some buildings that seem ripe for "funkification," such as the old East Side Theater on the corner of East Broad and East Gwinnett streets, Hernandez said.
The historic theater with the words "Hungry World" across the old marquee has sat vacant for decades. "Not to be disrespectful of its character, but you can do cool things with it," Hernandez said. "That building has a lot of potential." In a similar vein, he would like to "funkify" Martin Luther King Jr. Boulevard around the Interstate 16 flyover, which he considers an eyesore. There have been plans proposed to demolish the ramp into downtown, but Hernandez said he does not Packet Page 446
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see the structure going anywhere anytime soon. But the city is too busy trying to put out daily fires and has little time to be creative, Hernandez said. "You're the folks that need to come up with those ideas and we'll support it when we can," he said. Hernandez also made it clear that some proposals will not fly as the city tries to balance the demands of tourism with preservation efforts and residential needs. Board members thanked him after Hernandez said he and the city council recently rejected a request to install a Ferris wheel on River Street.
The 137-foot-tall observation wheel would have been installed on a city parking lot along the water between the Abercorn and Lincoln street ramps at an initial rate of $17,000 a month, under the lease agreement proposed by Missouri-based SkyStar Wheel. "When I looked at that request, I said no way," Hernandez said. Hernandez, who previously worked as the deputy county administrator of Broward County, Fla., became Savannah's city manager in October 2016.
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Savannah Morning News (GA)
December 1, 2017
City Considers Budget Cuts, Fees to Cover its Shortfall Hernandez: $187 Million Proposal a Starting Point
Author: Eric Curl
Savannah staffers are proposing a variety of revenue generating options and expense cuts for the 2018 budget to determine whether the Savannah City Council wants to implement service enhancements or reductions in the face of projected funding shortfalls. The preliminary spending plan presented during the first day of a two-day budget retreat on Thursday amounts to a "bare bones, no frills and somewhat painful" general fund budget of $187 million that includes almost $13 million in cuts to personnel, services and capital project investment, said City Manager Rob Hernandez. "It's not even a recommended budget or a proposed budget," Hernandez said. "It's just a starting point for our conversation."
The second budget option of almost $200 million would sustain existing services, as well provide funding for performance-based wage increases and increase reserve funds for unforeseen expenses. The third spending plan would be an "enhanced budget" of about $213 million to cover expenses related to council priorities, such as additional police officers recommended by a consultant to improve emergency response times. Among the funding options staff presented was a proposed fee charged to all properties to cover the cost of fire department services and eliminate that department's dependence on tax revenue. Implementing a fee to cover the full cost of fire services would amount to $370 per household and raise an estimated $31.5 million, according to the budget report.
A consultant, Ecological Planning Group, also presented reduced rates as an option that would cover between 50 percent and 75 percent of fire service costs and raise about $15.7 million to $23.6 million. Property tax increases and decreases of between half a mill and two mills were also proposed, with revenue impacts ranging between $2.5 million and $10 million. "Anything you decide today for this budget is going to play out and have an effect for the next few years," said Erick van Malssen, who was working with the fire fee consultant. A hardship fund to assist low-income property owners is now being considered as part of the fire fee proposal, if it is adopted.
Savannah Alderman Van Johnson said he is still concerned about the fee's impact since renters would not be eligible to receive payments from the fund, even if the fee's cost was passed onto them by landlords. But Alderman Julian Miller said rental rates are established by the market and he does not expect tenants to be adversely affected as a result of the fee. Alderman Tony Thomas said renters would be impacted, but that the more than 5,800 tax-exempt property owners benefiting from fire services need to contribute to those costs. "Those folks have got to participate," Thomas said. "It's going to be tough for some people, but some people have been riding this system for decades."
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tax revenue and other tax revenue streams this year and next. The shortfall is due to a combination of factors, including an increase of tax exemptions, operating costs and growing debt payments related to property purchases, infrastructure improvements and public safety purchases, Hernandez said. "We have a lot of needs in the city that far exceed the revenues available to us," he said. A surplus of about $3.8 million is actually anticipated for 2017, due to higher than projected tax growth and salary savings from a hiring freeze. Those funds are proposed to be used to offset a budgeted use of reserve funds for 2017 and help cover expenses related to hurricane damages and capital project overruns.
The city is also anticipating some employee payouts due to some officers joining the county police department, following the split of Savannah-Chatham police. Planned civilian staff cuts stemming from a government restructuring should only result in a "handful" of employees actually leaving the organization since those impacted will have the opportunity to fill other positions, Hernandez said. The second day of the budget retreat is scheduled to begin at 8:30 a.m. Friday. During the workshop staff will need the council to make a decision on what type of funding options or cuts they want to move ahead with, Hernandez said. "I have to get some clarification on what they want to do because I have to put together a final budget," he said.
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Savannah Now – Savannah Morning News (GA)
February 11, 2017
Poverty Persists in Savannah, Despite City Programs
Author: Eric Curl
Austin Spell, 20, wants to be a pipe-fitter or EMT. That is why he was recently sitting in a classroom at the Moses Jackson Advancement Center, where he and six others were registering for a GED program put on by Savannah Tech. Spell said he was pulled out of school by his stepfather in eighth grade and he does not have the educational background he needs to meet his career goals. “I’m planning on getting my bachelor’s degree and see what I can make out of myself,” he said. The GED program is one of many programs at the city-supported advancement center that are meant to help Savannah residents find employment. Still, Savannah’s high poverty level persists. The percentage of Savannah’s population living below the poverty level was almost 27 percent in 2015 — up from almost 22 percent in 2000, according to the US Census Bureau’s American Community Survey. The increase occurred as the city invested $2.7 million in general funds in anti-poverty programs between 2011 and 2016, including $642,600 to support the advancement center, according to a recent report presented by city staffers. During that time, another $1.1 million was spent supporting Step Up Savannah’s job training and antipoverty initiatives, and $981,304 went toward various social service agencies.
About a million dollars in federal funds supported the advancement center and social services offered by America’s Second Harvest of Coastal Georgia, Union Mission and Lutheran Services of Coastal Georgia. Taffanye Young, Community and Economic Development Bureau chief, recently attributed the increased poverty rate to the recession when she presented the report to the Savannah City Council during an economic mobility workshop. “You had a lot of jobs that were lost,” Young said. “A lot of people with higher incomes and higher skills ended up taking some of the lower skilled jobs.” And job training is no “magic bullet” when residents have child care, transportation, substance abuse and criminal background issues to deal with, Young said.
Only 17 percent of the 507 individuals who received job training through the city-funded programs since 2011 ended up becoming employed, according to the staff report. Those type of results are not satisfactory, City Manager Rob Hernandez told the council. “We may have to do something entirely different with some of these populations that have drastic barriers,” Hernandez said.
Hospitality programs
Other programs have fared better, however. The US Department of Labor’s Workforce Innovation and Opportunity Act only employed 34 percent of the 1,256 Chatham County participants since 2011, although many of those participants are still engaged in the program, according to the staff report. And since 2014, 316 adults received job training through the Step Up’s Chatham Apprentice Program, with 59 percent becoming employed. Another 159 jobs have been created or retained since 2011 for low- to moderate-income residents through a citysupported loan program administered by the Small Business Assistance Corporation. Goodwill of Southeast Georgia is helping residents find work with the launch this year of a hospitality training program at the advancement center. Rashena Platt, one of the six-week program’s Packet Page 450
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participants, said that after three months of being unemployed, the program helped “get her foot in the door” and find a job as a housekeeper.
Whether hospitality-based jobs will help Savannah reduce the poverty rate has been a matter of local debate. The growing number of hotels has drawn some criticism from residents, who are concerned about the city becoming too dependent on what they contend are low paying jobs. But Borish Jenkins, a Goodwill Career Center assistant who conducts the training course, said the hospitality industry does offer opportunities for advancement and better pay. Hotel employees, for instance, can start as a housekeeper, go to front desk, then become a supervisor and from supervisor become a general manager, said Jenkins, a former hotel employee himself. “I know it can be lucrative,” he said. And some hotels, such as developer Richard Kessler’s Plant Riverside $270 million hotel project being built along West River Street, are going to be offering higher pay, Jenkins said.
The Plant Riverside project is located in a state opportunity zone, which makes Kessler eligible for job tax credits for providing employment in an impoverished area. The hotel is supposed to create 700 full-time permanent positions with benefits, including health insurance, and Kessler is required to pay at least $10.25 as part of the tax credit agreement, but he has said beginning wages could reach as high as $15 an hour . As for Platt’s plans, she said she plans on working her way up to be a manager. “You always have an opportunity for advancement,” she said. “So just take your time and move up.”
‘Outside the box’
City staffers said that they plan on improving coordination among service providers, identify new revenue sources, aggressively promote programs, and think “outside the box” to reduce the poverty rate and provide more employment opportunities. Young said that the city may want to try to re-implement a partnership with a local church that had retirees provide training, such as brick laying, for residents seeking job skills. Staff is also working on a proposal that will hopefully address some of the hard to hire issues with respect to city contracts and city employment, Hernandez said.
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https://www.wsav.com/news/savannahs-city-manager-on-his-first-3-weeks/ Nov 9, 2016
Savannah’s City Manager on His First 3 Weeks
by: Andrew Davis
He was the choice of the council to lead the city of Savannah. In just three weeks on the job, City Manager Rob Hernandez has already been through a hurricane and multiple murders. But what does Savannah’s City Manager thinks the next three weeks, months, even years may hold. “Making decisions without having all the appropriate facts or knowing all the different facets of the community that could be dangerous,” said Hernandez. That’s why Rob Hernandez says he is in “listen, learn and observe” mode. Observing the community he now helps shape.
Shaping with a community and a staff he has already seen deal with a hurricane, and thrive under pressure. ‘The reverse would be that i’m here 6 months or a year and we would have a crisis and what would be going through my mind would be, well i don’t know who I would rely on, I don’t know how this team is going to perform, I now know that,” explained the City Manager. He also knows is that crime in Savannah is a problem. “The community is very concerned about it, the community expects us to take proactive measures and we have,” said Hernandez.
But the same community also may be too focused on each and every criminal act. “When we have an instance of crime that happens here it’s unfortunate,” explains Hernandez. “But it stands out more i think in the community mindset because it’s out there its closer to them it gets publicized more in the city of Savannah.” But he is not ready to rubber stamp the high cost of putting more officers on the streets. Stressing Fiscal responsibility, he hopes to find “progressive” ways to get police what they want in 2017. “My job is to balance all the competing needs in the community and to try to make a fiscally sound and operationally sound recommendation to the nine that eventually have to make the decisions,” explained the City Manager.
The decisions about growth of our city is foremost on Hernandez’s mind. “We can’t afford to be as methodical as we have been in the past again because the world is moving at a breakneck speed, and we have to keep up with the world,” said Hernandez. “Are we behind?” “I’m not saying we are behind. But we have to pick up the pace.” Pace of life, and pace of drawing businesses to Savannah. “Make sure they know Savannah more than just a great place to visit. A great place to relocate your business,” said Hernandez. “Oh and by the way they have a really great local government as well.”
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Sun Sentinel
SEP 21, 2016
Deputy Broward administrator leaving for Savannah
By Brittany Wallman
The No. 2 official in Broward County government has resigned, after accepting a job in Georgia.
Roberto "Rob" Hernandez, deputy county administrator, said in a letter to County Administrator Bertha Henry earlier this month that it was with "great sorrow'' he submits his resignation.
Hernandez was responsible for a large portion of county government, and also brokered the deal with the Florida Panthers that increased the hockey club's public subsidy but helped ensure the team would stay. In a handwritten note on the resignation letter, he thanked Henry for mentoring him, and giving him "the tough tasks to take on, like the arena." Besides the deputy position, Henry has two assistant county administrators, Monica Cepero and Alphonso Jefferson, and two assistants to the county administrator, Gretchen Cassini and Alan Cohen.
Hernandez has been the deputy in Coral Springs and in Atlanta's Fulton County. But he said his professional goal was to be in the top position. "I'm not getting any younger and the years are just flying by, so this was the right time and the right community," the 50-year-old Hernandez said in an email recently. "I did not want to take any city manager or county manager job just for the sake of it, unless the community was right. Savannah is a nice town with lots of positive attributes and challenges, too." Hernandez's resignation is effective Oct. 9.
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WTOC 11 (GA)
August 11, 2016
City of Savannah Names Roberto Hernandez as Sole Finalist for City Manager Author: Sean Evans
The City of Savannah held a news conference on Thursday to discuss updates in the search for the new city manager. After a nationwide search, and in a unanimous consensus and recommendation, Roberto Hernandez, deputy county administrator of Broward County, Florida, has been named the sole finalist for the position of City Manager of Savannah. Choosing Hernandez was a unanimous decision by city council members, and Hernandez has accepted the offer pending contractual negotiations according to Mayor Eddie DeLoach. Deloach said Hernandez's hands-on approach, experience in government and energy are some of the qualities that separated him from the other candidates.
According to the Broward County Government website:
Hernandez is an ICMA-Credentialed Manager with more than twenty years of progressive and responsible local government management experience. He re-joined Broward County in July 2013 as Deputy County Administrator. Previously, he served as Deputy City Manager for the City of Coral Springs overseeing various city functions as well as the city's community redevelopment agency. Prior to Coral Springs, he served as Deputy County Manager for Fulton County, Ga., where he oversaw public safety agencies, unincorporated area services, the Office of the Child Attorney, offender reentry program, and coordinated with the County's constitutional and judicial agencies. He previously served Broward County in a variety of capacities from 1994 through 2008, including serving as an Assistant to the County Administrator from November 2003 to June 2008. Rob retired from the U.S. Army Reserves in 2008 after a 23-year career, most recently serving as a senior instructor in civil-military operations.
Hernandez was a finalist for two other jobs previously. He was a finalist for the El Paso County, TX County Administrator position earlier this year, and was a finalist for the Delray Beach City Manager position in 2014. Hernandez talked about the advantages the region presents, with the ports, travel opportunities with Savannah-Hilton Head International Airport and the proximity to the beach and overall rich history, as well as the military presence. "I was very impressed by the passion from the city council in terms of what they see happening in the city over time, and their strong dedication to the community. That really, that really sold me," said Hernandez. While in Fulton County, Hernandez oversaw multiple departments including police, fire and rescue and also served as the county manager's liaison with judicial agencies.
Mayor DeLoach says he believes Hernandez could come in and start working right away with the police department and judicial services in Savannah to address crime. Alderwoman Carol Bell says she was impressed with how much Mr. Hernandez knew about the city and its operations already. So WTOC asked the front-runner what he's observed so far and hopes to achieve as the next city manager. "The need for continued re-investment in certain communities, a progressive strategy for bringing new investment for the community, for growing jobs. For Packet Page 454
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fixing and updating the condition of the infrastructure. Those are the things that everybody goes through, it's very common. But that's certainly something that I'm going to have to tackle once I get there," said Hernandez. Savannah City Council members met on Wednesday to hear from the search committee about where they are on the final candidates up for the position. The council and search committee then met behind closed doors in an executive session.
Current City Manager Stephanie Cutter announced her retirement at the beginning of the year, setting into motion a nationwide search for her replacement. So, what exactly was the city looking for when they put out the posting for a new city manager? It's an important question given that at least the last two city managers were not what the respective city councils eventually wanted in the role. First of all, for those who forgot or perhaps never knew, ours is a Council/City manager form of government. Meaning while the council appoints a city manager, the city manager runs the city and some might argue, the city council itself.
First and foremost council was looking for a person who had worked with and understood the challenges of a diverse community, not just racially but economically. Someone who could bring new ideas for breaking the cycle of poverty among those living in certain neglected parts of Savannah. And, of course, someone who bring new ideas to the table when it comes to fighting violent crime, in particular, gun violence. Here's an interesting role they want this person to fill:
possible ax-man. Council, at least the newest members, want this new city manager to review city government top to bottom and start cutting if Savannah's City Hall has gotten too big, and taxpayers are paying too much for something that could be done with fewer people and resources.
For filling this role, our new city manager will receive the city's benefits package and a salary between $210,000 and $300,000. That's yet to be negotiated if Roberto Hernandez is our man.
We mention briefly where this candidate has been and what positions he's held in the past. You may be thinking of all his deputy roles that this guy has always been the groomsman and never the groom. And Hernandez anticipated that issue in his actual resume' saying, "…I've resisted the temptation to 'chase' city manager positions solely for the sake of becoming a city manager at any cost. Instead, I've judiciously and patiently served in deputy roles in great organizations and exceptional communities."
Hernandez considers himself a pretty simply, straight-forward guy. He says his management style is fluid. It adapts to the specific situation. Not that we're looking yet, but Hernandez will tell you he is clean. This is what he told recruiters before tossing his hat in the ring: "…There is 'no dirt' on me. I live a clean, simple life, prefer to tell things as I see it, and sleep well at night." We will continue to follow those negotiations and let you know exactly what the city decides when it comes to salary, contract length, start time and other allowances.
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Tribune Content Agency News Service (USA)
May 20, 2016
Is Broward ready for a hurricane hit? Drill shows how rescue would work Author: David Fleshler
May 20--After raking the Florida Keys and Miami-Dade County, Hurricane Kimo reached Miramar as a lethal Category 3 storm, with sustained winds of 129 mph, and tore a diagonal corridor to Deerfield Beach. The slow-moving storm bore into the county for seven hours. A tornado struck Pembroke Pines, Cooper City, Davie and Fort Lauderdale. An eight-foot storm surge trapped people on barrier islands. With cell towers damaged, many smart phones became useless. This was the scenario Thursday as Broward County conducted a full-scale hurricane drill at the Emergency Operations Center in Plantation to prepare for the June 1 opening of hurricane season. About 300 people gathered on the operations center's vast open second floor to practice receiving calls for help, coordinating responses and dealing with the countless challenges of a natural disaster.
"We've got to get it right the first time," Rob Hernandez, deputy county administrator, told the group. "The public expects that we'll get it right the first time. We can't offer them excuses.
There are no alibis, there are no mulligans." The scenario began seven hours after the all-clear, as the county lay damaged, darkened by power outages and full of a untold crises, with fatalities reported, residents trapped by floodwaters and many situations requiring immediate attention.
Like much of contemporary life, the response to the crisis would be coordinated largely through a computer software program, in this case WebEOC 8.0, a crisis-management system developed by Intermedix Corp. of Fort Lauderdale.
As calls for help and reports of problems such as power outages came in, it was up to those in the room to route them to the right agency or issue the correct orders to deal with them. The group included representatives of law enforcement agencies, fire departments, the county government, Florida Power & Light Co., city governments, the Red Cross and many other organizations.
A call to rescue four people trapped on a roof in Oakland Park was routed to the Broward Sheriff's Office, said Major Kevin Shults, who headed the Sheriff's Office group at the emergency operations center. But the law enforcement agency's helicopters didn't have the sort of basket-and-line system required for such an endeavor. They asked the Coast Guard to do it instead. A call for water came from Pompano Beach, where the storm damaged the treatment plant, reducing its output by half. Alan Garcia, director of the county's division of water and wastewater services, ordered emergency interconnects from a county water plant that would temporarily provide the city with sufficient water.
In the pressroom, public communications specialist Cindy Malin scrawled occasional updates on a white board: "Flooding and tornado damage throughout county. Exact location TBD." "Drones being used to assess damage." As the various reports, crises and calls for help came in, evaluators in green vests observed the work in each area. They will prepare written reports. The Red Cross, which operates shelters, faced a crisis when 2,500 people showed up at a Coconut Creek shelter that was already full. The issue was "escalated" to a high-ranking group of Packet Page 456
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decision-makers, who authorized the opening of an additional shelter. "The exercise is to test our abilities to collaborate, communicate and respond," said Roberto Baltodano, the Red Cross' regional communications manager. "These are things that could happen during a real hurricane.
We've had these hurricane scenarios." The county has not seen a direct hit from a hurricane since Wilma in 2005. "It's been 11 years since we had one," County Mayor Marty Kiar said to the group before the drill began. "Hopefully this will be another year that we're hurricane-free. But eventually we're going to get hit."
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South Florida Sun Sentinel (FL)
Dec 8, 2015
Deal helps Panthers, helps Broward more
The Broward County Commission should approve a new agreement today with the Florida Panthers because the deal would better protect the public's investment in the BB&T Center. One can argue persuasively the county was wrong to make that investment of tourist tax revenue 20 years ago, when the Panthers wanted out of the old Miami Arena. A National Hockey League team draws fewer tourists than Broward's beaches and the convention center. The county, however, can't back out of that commitment. With that in mind, county administrators make their more persuasive case for the front-loaded $86 million deal that would run through 2028.
One argument against the deal is the public shouldn't subsidize the rich owners of the Panthers.
Deputy County Administrator Roberto Hernandez responds that the money -- none of it property tax revenue -- would go toward the arena, not the Panthers. The team owners also run the company that manages the BB&T Center. They would have to spend the $86 million on improving, operating and promoting the arena, of which the team is the main tenant. The county would have to sign off on the improvements. The team also would continue to pay $5.3 million per year toward the arena's debt, which will be paid off in 2028. So the county's investment would go to the county's facility.
The other main argument against the deal is the county should spend the money on projects that better play to Broward's tourism strengths -- such as beaches. Two other key priorities are an expanded convention center and a convention center hotel. The arena is far from the county's major tourism hubs. Hernandez acknowledged, "We are very sensitive to that." He believes, however, the county can "meet all of our obligations" regarding tourism promotion, especially beach renourishment. County officials, Hernandez said, routinely have made conservative estimates of 3 percent for increases in tourist tax revenue. In fact, annual increases have been more like 5 percent.
The county has put much of that balance in reserve, Hernandez said. A recent study of the tourist tax questioned the amount of money held in reserve. Doing so, Hernandez said, means the county can use that money for one-time projects like beach renourishment and still pay the recurring expenses of the Panthers deal. Part of this story is the coming debate over raising the tourist tax from 5 percent to 6 percent, even though none of that potential revenue is part of the Panthers deal. It is generally agreed money from the sixth cent would go toward convention center expansion.
Hernandez said the county is waiting for bids on the expansion. When administrators have an idea of the cost, the county will start discussions on raising the tax. Miami-Dade and Palm Beach counties have raised their tourist taxes to 6 percent. +The deal would cut the county in for a share of profits if the money-losing Panthers became big winners on the ice and financially. The arena would have a better chance of getting an all-star game, and the team would continue to help youth hockey in Broward. All are nice points, but the focus of the deal, correctly, would remain Packet Page 458
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on the BB&T Center. The healthier it is, the better for the county. Losing the Panthers would mean losing 40 dates, and the BB&T Center has lots of regional competitors. So the arena is healthier with the Panthers, and with the team having a better chance to succeed.
Having studied the financials, Hernandez said, "We came to the conclusion that it would cost the county almost as much if the team stayed as if the team left. It's almost an economic wash. So if we would pay with or without them, it's better to have them." The deal would allow the Panthers to leave after eight years, but the team would have to repay the $72 million in tourist tax revenue it had received. If the team left after eight years, the county would have enough money to repay the arena debt. As long as the Panthers stay, Hernandez said, "We transfer a lot of the responsibility to the team." The county also would get development rights to land around the arena. One other point in the deal is worth noting. Two decades ago, the county committed to spending two cents of tourist tax revenue on the arena. The county hasn't met that obligation.
Under the deal, Hernandez said, the Panthers would drop all claims to any unspent money.
There might be emotional reasons to reject the Panthers deal. There are better business reasons to approve it.
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Capital Gazette (PA)
March 3, 2015
Broward Commission Brainstorms Ways to Help Struggling Center Pocket of County Author: Brittany Wallman
In the heart of Broward County is a zone of economic depression that even the most dramatic real estate boom didn't lift out of poverty. The unincorporated neighborhoods in the 33311 zip code — roughly between Interstate 95 and U.S. 441, north of Broward Boulevard — were left behind by the cities around them. No city will take them. County commissioners are their only local government. Commissioners met Tuesday to talk about the central county community — four mostly African-American neighborhoods of about 7,000 people — and agree on a host of small efforts to help. Only $4.8 million is allotted for economic development there — a sliver of the county's overall $4.1 billion budget. County Commissioner Dale Holness, the area's only direct local representative, said it's the first economic development money the county has spent there since the 1980s. About $30 million has been spent on improvements of roadways, bus shelters, drainage and the like. The moves commissioners endorsed Tuesday are hardly dramatic: Relocating a Boys and Girls Club to Delevoe Park, continuing building homes on 144 lots the county owns, working with small businesses to improve properties by offering loans or grants, giving a makeover to some of the roadways, improving parks, and banking land for future redevelopment. No one promised an immediate turnaround. "It doesn't happen overnight,'' county Economic Development Director Sandy-Michael McDonald warned. But county leaders said they support a renewed focus. "I'm glad to see we're moving forward with some planning,'' Holness said, "because the community desperately needs it.'' While the rest of Broward enjoys a rebound from the Great Recession, with three years now of positive economic growth, the central county zone remains stagnant. "These communities look to us to guide them along the way to economic prosperity in their neighborhoods,'' Deputy County Administrator Rob Hernandez said.
Joblessness is down to about 5 percent countywide. But in Central Broward, it ranges from 21 percent in Boulevard Gardens, to 22 percent in Roosevelt Gardens, to 32 percent in Washington Park, to an astounding 44 percent in Franklin Park. Holness said many residents there lack transportation and job skills, and some have criminal backgrounds — all obstacles to employment. Countywide, the median household income is $51,251. In the central county area, it's significantly lower, at $33,432, Assistant County Administrator Alphonso Jefferson said.
Crime is down there, county officials said. Still, the number of rapes, burglaries, car thefts and assaults are relatively high in such a small area, county leaders said, and residents complain they regularly witness drug deals and prostitution, as well as assaults. Broward County Administrator Bertha Henry said she would begin implementing the economic development ideas discussed Tuesday. McDonald said he hoped to leverage the money to spark private investment from business owners. Each project will return to a County Commission agenda for approvals. Across downtown, at the Fort Lauderdale City Commission, Commissioner Robert McKinzie asked that the city take another look at annexing the unincorporated areas. The city will move in that direction.
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Broward New Times (FL)
March 18, 2014
Florida Panthers Asking for Public Money, but Proposal Seems to Benefit Only the Team Author: Chris Joseph
Looks like the Florida Panthers' latest proposal to Broward County has altered language that would basically screw over the county while they make the big dough, according to a rundown of the proposal by the Sun Sentinel. The first proposal the Panthers made at the beginning of the year had asked the county for something around $70 million, claiming that they had been losing $20 million and that they need public funds to keep from being dissolved from the NHL. This latest proposal asks for $80 million or more. The Panthers also want to develop 22 acres north of the BB&T Center for a casino-hotel that the county is also supposed to pay for. The Panthers turned over the 57-page proposal to Broward County commissioners and, according to the Sentinel's findings, it boils down to more money for the team while the county gets the shaft.
Those wishes are not far off from when the team asked for county money originally back in January. The team's original proposal included taking $4.5 million of its annual payment off the books and having it picked up by Broward County. The team also asked the county to contribute $500,000 a year toward maintenance.
The latest proposal says the Panthers need a hotel-tax subsidy package worth $80 million over the next 14 years to keep them from losing money. But the overall deal would seem to benefit only the Panthers. "As currently written in their proposal," Deputy County Administrator Rob Hernandez told the Sun-Sentinel, "it would definitely have an impact on our ability to share in any of the profits." County officials say they won't support the proposal without a better return for Broward's taxpayers. Back in September, the Panthers were bought for $240 million by Cliff Viner and Sunrise Sports & Entertainment to a group led by New York businessman Vincent Viola. The Panthers have had an operating loss of $12 million for the 2011-12 season and were worth $170 million, according to Forbes. As for Panther and hockey fans' reaction to this, they took to Twitter with the usual vitriol.
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US Fed News (USA)
August 11, 2013
Broward County Names New Deputy County Administrator
Author: Staff
Broward County has issued the following news release:
Broward County Administrator Bertha Henry has announced the appointment of Roberto "Rob" Hernandez as the new Deputy County Administrator. Hernandez is an experienced public servant who served as deputy county manager for Fulton County, Georgia, and most recently as deputy city manager for Coral Springs in Broward County. He is returning to County Government, where he first began serving the County in 1994 and most recently served as an assistant to the county administrator from 2003 to 2008. As deputy county administrator, Hernandez will assist the administrator in managing the day-to-day operations of the County, and oversee the activities of several large departments, including Public Works, Human Services and Environmental Protection and Growth Management, as well as the Parks and Recreation, Libraries and Cultural divisions. Also reporting to Hernandez will be the Office of Economic and Small Business Development, Office of Public Communications, Office of Intergovernmental Affairs and Professional Standards, and the Office of the Medical Examiner and Trauma Services.
Henry said, "We are excited to have Rob back with Broward County. He has dedicated much of his professional life to public service and has a keen understanding of how county government programs and services help meet the needs of our residents, businesses and visitors. He will be a valuable asset to the County and the community." Hernandez has a bachelor's degree in public administration from Florida International University, and a master's degree in public administration from Nova Southeastern University. He is a graduate of the Broward Fire Academy and the U.S. Army John F. Kennedy Special Warfare Center and School. He retired from the U.S. Army Reserves in 2008 after a 23-year career, most recently serving as a senior instructor in civil-military operations.
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McClatchy-Tribune Regional News (USA)
February 6, 2013
Brief: Coral Springs Offers Incentive to Company
Author: Lisa J. Huriash
Taxpayers will be handing over cash to a new business considering coming to town, although they don't know yet who is getting the check. City officials said the business, described as a "pharmaceutical manufacturing, research and development" company, is a coup for the city. The company is expected to bring 108 jobs and a new source of tax revenue to the city.
Dubbed "Project Rock Solid," the business will receive $540,000 in state, county and city money in incentives through the state's qualified target industry tax refund program. In addition to the city's portion of $54,000, city commissioners agreed Tuesday to allow $825,000 in credits that would normally be paid for fees such as building permits. "The bottom line is if we don't offer incentives, somebody else will," said Rob Hernandez, deputy city manager. "It's the cost of doing business." The company is allowed by state law to remain unknown to the public while it's in this process of receiving incentive money. Hernandez said the company asked to remain anonymous for competitive reasons.
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McClatchy-Tribune Regional News (USA)
December 13, 2012
Coral Springs to Consider building New City Hall
Author: Lisa J. Huriash
City commissioners said Tuesday they were open to the idea of spending millions of dollars to construct a brand new City Hall. "To me, the short answer is yes," said Commissioner Claudette Bruck. "We should proceed and we should proceed now." City leaders must now decide if they really want the new building, where it will go and how to pay for the estimated $25 million cost.
It will eventually be a "financial decision," said Vice Mayor Tom Powers. "There's way too many questions." For about a year, former Mayor Roy Gold had proposed closing both City Hall buildings on the north and south sides of Sample Road to construct one large facility.
But while some commissioners had previously said the project could become unwieldy and too expensive and they doubted there would be public support, the majority now seem open to at least further discussion. Deputy City Manager Rob Hernandez said the 45-year-old building was "outdated and functionally obsolete." "You can go anywhere and hear conversations in the next office," he said. And, the current building is "not a source of civic pride." "That's depressing," Bruck said. Hernandez also said the current building is expensive to keep up, with $1 million alone needed to retrofit the building to accommodate a new telephone system. "If we're pouring money into a facility that is no longer worth pouring money into," the commission should consider a new building, said Commissioner Dan Daley. City Manager Erdal Donmez said the city staff will come back with "more refined numbers" in late January with the projected costs to build a new City Hall at various spots, which include the current location, Mullins Park, and the area envisioned to be built as a downtown.
Several South Florida cities have recently built new City Hall complexes. Doral earlier this year spent $22 million on its new building and Wellington built its new building last year for $10.5 million. In Coral Springs, officials said municipal bonds would be the best way to cover the expense Commissioner Larry Vignola said he has always opposed the plan and still does. "Is it a top priority to spend more than $20 million on? Not in my opinion, and not in the opinion of the majority of our residents. I don't why we're still talking about this. I don't think now is the time for a project like that."
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South Florida Sun Sentinel (FL)
November 24, 2011
Springs Gets New Deputy City Manager
Author: Arun Sivasankaran
Roberto Hernandez, who has over 20 years of progressive and responsible local government management experience, has been appointed Coral Springs Deputy City Manager. "I look forward to leveraging Rob's operational expertise to continue delivering exceptional services to our community with the best possible level of service," City Manager Erdal Donmez said. Prior to joining Coral Springs, Hernandez was the Deputy County Manager for Fulton County since 2008. Hernandez also served as an Assistant to the County Administrator for Broward County.
Before that, Hernandez served in a number of key roles with local government.
His professional experience includes key positions in public safety, housing and community development, and social services. In addition, his military service includes more than 23 years in the U.S. Army Reserves. He has held several leadership positions and has served on Active Duty in support of several military operations. Hernandez holds a Master of Public Administration degree from Nova Southeastern University and a Bachelor of Public Administration from Florida International University. Hernandez also obtained his certification in firefighting from the Broward Fire Academy.
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The Atlanta Journal-Constitution (GA)
May 25, 2011
Illegal Dumping
Putting the Brakes on Tire Dumping
It's no Easy Task as Illegal Activity Stealthily Spreads Across State Author: Ernie Suggs
Over 10 days last fall, someone made three trips to the Arts Exchange and dumped more than 1,000 old, dirty tires onto the property. The location was ideal. Easy access off I-20 in southeast Atlanta. A dead-end road. A wide-open space. Across Georgia, there are hundreds of examples of illegal tire dumping such as this, on public and private lands, creating a problem that is as much health hazard as it is eyesore. Of 10 million scrap tires generated in the state annually, an estimated 1.5 million are discarded illegally, the Georgia Environmental Protection Division said. And Atlanta finds itself at the center of this rubberized abandonment, with its city council compelled this week to form a separate tire commission to combat the violators. The city annually deals with 450,000 scrap tires, nearly 70,000 of them dumped illegally, said Winthrop Brown, Georgia EPD program manager.
Not surprisingly, money is at the heart of this problem: Tire salvagers get paid to collect tires but many of them won't pay for recycling. So they dump the tires. Everywhere they can. "It is a very significant problem in the state, because of the expense and because these tires are breeding spots for mosquitoes and vectors," said Brown, noting that Newton County last year collected 67,000 dumped tires. "Dumping is bad in metro Atlanta because of the population, but dumping is increasing in rural areas because of the distance they have to travel to get rid of tires." As part of his job, the EPD's Brown regulates how tires are disposed from car dealerships and tire shops, among others. Businesses must pay for a carrier to pick up truckloads of old tires.
Otherwise, there is little concentrated enforcement. Tire dumping is a felony, but there are just five criminal cases currently pursued by the state, though several people previously have served prison time for this offense, Brown said. "If nobody calls it in, we have a hard time prosecuting," Brown said, adding there are only a few local jurisdictions, such as Columbus and Macon, that have their own laws on the books, though state regulations exist. In April, Atlanta Councilwoman Joyce Sheperd, who pushed for the tire commission, led a clean-up in District 12 in which 2,000 tossed tires were collected. In southeast Atlanta, she has overseen the retrieval of 4,711 tires this year, and more than 10,000 over the past five years.
Fulton County Deputy Manager Rob Hernandez said south Fulton has the same problem as Atlanta with illegal tire dumping and no ready solution. The county has considered putting a deposit price on used tires, similar to glass bottles, to encourage residents to take them to a landfill. "It's difficult to prosecute offenders unless they're caught in the act," Hernandez said, "and Fulton lacks the staff to try to trace tires back to suppliers and find out who they were sold to." Last summer, the Fulton County health department spent $23,000 on a tire drive that netted 2,100 tires. The public works department pays $50,000 per year to dispose of old tires. "This has been a real problem for us," said Cheryl Odeleye of the Arts Exchange, surveying the endless Packet Page 466
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and unwanted black mountain left near the center. "It is a health hazard. And it is a morale downer for someone to come in and be so disrespectful to us." Piles of old tires don't necessarily present toxic health issues, rather they serve as nesting places for rats, snakes and mosquitoes, little consolation to those left with this mess. Across metro Atlanta, jurisdictions vary in how to deal with dump sites. DeKalb County officials said they defer to state law in dealing with tire dumping. In Clayton County, illegal dumping can land someone in jail for six months. Cobb County claimed it hasn't had much of an issue with discarded tires, outside of a few isolated incidents. "What a lot of people don't understand is that there are a lot of expenses involved in tire disposal," Dewey Grantham of Liberty Tire Recycling said.
If operating lawfully, a carrier takes used tires to a recycler, where in Georgia there is a 90 percent chance these tires will be converted to fuel. A carrier typically charges $2 per tire, but has to pay the recycler $1 for each, cutting into the profit. An illegal carrier might charge $1.50 per tire on pick-ups, bypass the recycler and leave the tires at an isolated place like the Arts Exchange. There also have been cases in which people have rented trucks and abandoned them filled with old tires. Bolder criminals have stocked empty warehouses with worn tires. The state lacks funding to properly monitor tire disposal. For every new tire larger than 12 inches and sold in Georgia, a consumer pays a $1 fee, which was supposed to go to a solid waste fund. Yet for two years, state lawmakers have diverted the funds elsewhere, covering other needs. Limited state spending also has resulted in fewer inspectors, making it harder to monitor and clean up tire dump sites.
The Arts Exchange, even with more than 1,000 tires, had what was considered a small clean-up.
Liberty Tire Recycling volunteered to remove the tires, employing four workers. The tires were loaded in less than two hours. Grantham said his company processes 25,000 tires daily. "What is unfortunate is that illegal tire dumping gives tire recycling a bad name," Grantham said.
Tire disposal
Number of scrap tires generated in Georgia annually: 10 million Number of those that are disposed of illegally: 1.5 million Fulton public works department's expense each year for tire disposal: $50,000 State fee charged on each new tire larger than 12 inches that is supposed to fund a solid waste fund, but has been diverted for the past two years for other purposes: $1 Packet Page 467
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The Atlanta Journal-Constitution (GA)
May 16, 2011
Your Tax Dollars
Grumbling Greets Amphitheater
Supporters See Boon for South Fulton; Opponents Question Use of Funds Author: Johnny Edwards
South Fulton has a lot to brag about these days. After last week's announcement that Porsche would leave Sandy Springs to build its North American headquarters near Hapeville, Fulton County officials will open the new 5,200-seat Wolf Creek Amphitheater. Supporters are counting on the venue becoming another Chastain Park, a regional draw where picnicking music fans take in classy, intimate concerts. Fulton County Commissioner William "Bill" Edwards, who has championed the $6.1 million project for the past decade, predicts it will draw the spending power of concertgoers from throughout the metro area to nearby stores and restaurants, bolstering a local economy hit hard by the recession.
But the amphitheater is a sore subject for north Fulton residents who say it's another case of the county government using their tax money for projects that don't benefit them. State Rep. Lynne Riley, R-Johns Creek, who opposed the amphitheater when she was a Fulton commissioner, said the $6.1 million shouldn't have come from the county's general fund. "Every citizen of Fulton County, regardless of where they live, top to bottom, is underwriting the cost of operating that facility," she said, "whether it's a gain or a loss."
Edwards said south Fulton residents pay county taxes, too. "South Fulton needs to be able to live, work and play right where they are," he said. Business owners between the amphitheater, which is off Camp Creek Parkway, and I-285 expect a boost. Anwar Noorali, owner of Camp Creek World of Beverage, predicts a 15 percent to 20 percent increase in business on concert days from wine shoppers. "Any economic activity, and concerts that bring in a lot of people, will definitely be good for the local economy," Noorali said.
But some point to the location -- in the flight path of the world's busiest airport -- as an issue.
Michael Fitzgerald, a Johns Creek resident and member of the Milton County Legislative Advisory Committee, said he can't fathom making a 45-mile drive to attend a show there, not with the constant roar of jet planes overhead. "One of the problems with Fulton County is it's too big, and that's a long way," he said.
The Wolf Creek Amphitheater has stirred tensions along the way. When the construction contract was approved in 2008, Riley and Commissioner Tom Lowe were outvoted 4-2. Riley contended that figures from a 2005 feasibility study -- which predicted the amphitheater would be profitable after three years -- needed to be updated. Edwards fired back that she and Lowe were trying to sabotage a revenue-generating project that south Fulton wanted. Edwards also brought up that the county spent $1 million on Alpharetta's Verizon Wireless Amphitheatre, which was privately built. The county's contribution came through a trade-off for north Fulton not having garbage service at the time. Gary Bongiovanni, editor-in-chief of Pollstar Magazine, Packet Page 468
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said a 5,200-seat venue will have a tough time up against the 6,500-seat Chastain Park in Buckhead, the 12,000-seat Verizon amphitheater, and the 19,000-seat Aaron's Amphitheatre at Lakewood in southeast Atlanta. The proximity to Hartsfield-Jackson International Airport won't help, Bongiovanni said. "Especially if you're talking about doing any acoustic acts," he said.
Fulton County Arts Council interim Director Michael Simanga, whose department will run the amphitheater, said he isn't worried about planes. Before construction began, the county held free concerts at the site, including Atlanta Symphony Orchestra performances. "You can't really hear it, once the music is playing," Simanga said. Grammy-winning soul/R&B singer India Arie will perform a free concert June 4 for the grand opening. No shows have been booked after that, he said, though he's in negotiations for some. Riley questions whether Wolf Creek will cover its operating costs.
The county doesn't have a detailed operating budget yet. Deputy County Manager Rob Hernandez said planners didn't expect the facility to be finished this soon, so the upcoming concert season will be something of a trial run, with 10 shows at the most. The plan is to recoup costs through concert bookings, and the County Commission has approved a fee schedule.
Expenses should be limited to electricity, water, janitorial maintenance and groundskeeping, like any public park, Hernandez said.
Wolf Creek was the shooting venue for the 1996 Olympics, and it currently houses a police training center. A new library is in the works, and other plans include a sports complex, walking trails, horse trails, and an arts, cultural and events center, which also could generate revenue through bookings, Edwards said. Alre Alston, owner of the Ultimate Bar and Grille in Camp Creek Pointe shopping center, expects the amphitheater to bring him customers before and after shows. "I think it will be a good thing, as long as they bring in the quality clientele, not the rough clientele," he said.
Edwards said the county won't allow hard-core rap acts. He's looking for shows that appeal to south Fulton residents, citing performers that played free concerts -- R&B groups such as the Manhattans, the Spinners, the Dells and the O'Jays. However, he said, north Fulton residents are welcome to book shows, too. The amphitheater also can be used for church functions and graduations. On a recent visit, Edwards showed off the massive stage, the pristine dressing rooms for stars and the 4 feet of legroom between the rows of seats. He said he has no doubt the project will pay for itself. "It isn't about being sustaining," Edwards said. "Let me tell you what we want to pay: lights and water. This is for the people, for people to come out here and have a good time."
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The Atlanta Journal-Constitution (GA)
January 22, 2011
Fulton Hikes Club Fees Despite Suit
Judge Declared Adult Ordinance Invalid after Free Speech Dispute Strip Joints' Attorneys Debating Next Step
Author: Johnny Edwards
Fulton County will raise fees on strip clubs by hundreds of dollars this year and double them for nude dancers, even though the county remains locked in litigation over the fees after a federal judge recently declared the adult entertainment ordinance unconstitutional. With no discussion, the commission voted 5-1 this week to raise a list of fees on businesses and residents in unincorporated south Fulton expected to generate an extra $303,601 per year. Amid new and increased rates for false alarms, fire safety inspections, escort services and door-to-door salesmen were several license and permit hikes on the county's three nude bars off Fulton Industrial Boulevard.
Attorneys for the clubs say they are considering what to do: whether to seek an injunction or pay the fees and hope to recoup them as damages. "I don't know what right they have to increase them when the case is still being litigated," said Jim Cline, who represents Riley's Showbar. "I guess they can do whatever they want. I guess we can argue about it when we get to the end." Rob Hernandez, the deputy county manager for the South Fulton Special Services District, said the county attorney advised officials that since the lawsuit is still pending, Fulton is justified in raising the fees. If a club refuses to pay, it could have its license revoked and would face closure, he said. "There was an injunction ordered on certain aspects of the ordinance, but not all aspects of the ordinance," Hernandez said.
County Attorney R. David Ware did not return messages from The Atlanta Journal-Constitution inquiring about the issue. The judge's ruling arose from a First Amendment lawsuit filed by a group of clubs in 2001 that challenged the county's revved-up regulation of nude dancing as a prior restraint on free speech, part of a larger battle being waged throughout metro in both state and federal courts. The clubs won the 2001 case in U.S. District Court. It was reversed on appeal, and then it was sent back to District Court. In November 2010, Senior U.S. District Judge Robert Vining ruled that the code illegally put the clubs through a bureaucratic wringer, making them wait indefinitely for approval from police, fire and building departments. While Vining withheld judgment on whether the fees were too high, he did say that if sections of the ordinance don't hold up, none of it can stand. "Judge Vining has said that we don't have an ordinance," Cline said. "Unless they appeal, then there's no ordinance unless they go back and pass one." But starting Feb. 1, the county will raise the cost of an adult entertainment license from $6,000 to $6,400 and annual license renewal from $4,000 to $4,300. Employee permits will rise from $300 to $325, permit renewals from $50 to $100, employee background checks from $50 to $55 and fire inspections from $30 to $75. The increases are expected to generate an additional $11,590 per year. Cary Wiggins, an attorney for Fannie's Cabaret, said that since nude dancing is protected speech, a county's licensing fees can be no more than the cost of regulation. He said Packet Page 470
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there is no evidence that nude bars cause any more problems for police than regular bars, and he doesn't see how Fulton can charge $4,000 to renew a license, much less $4,300. "I'm just unaware of any evidence justifying a rate hike," Wiggins said.
The third club off Fulton Industrial, Club Babe's, isn't taking part in the lawsuit. Managers at all three declined interview requests. Wiggins also represents two Sandy Springs clubs that, while no longer in unincorporated Fulton, are seeking back compensation from the period before Sandy Springs became a city. As with the state government and other local jurisdictions, the Fulton fee hikes are part of a strategy to make up for declining revenue without burdening property-tax payers. Hernandez said he is also trying to recover costs and adjust an array of charges, many of which haven't changed in five years, for inflation. North Fulton Commissioner Liz Hausmann cast the sole dissenting vote Wednesday. She told the AJC that she opposes raising any fees or taxes in this economy without reducing spending. She said she wasn't aware of the strip club issue.
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The Atlanta Journal-Constitution (GA)
May 17, 2010
County Targets Image Change
Campaign is to Clean up Fulton Industrial
Code Enforcers, Police Start out Cracking Down on Boulevard's Motels Author: Steve Visse
Fulton County has an image problem with its huge warehouse district: Its legitimate economic opportunities sometimes have been overshadowed by its undesirable qualities. This has caused companies to bypass it and take their business across the Chattahoochee River to Cobb and Douglas counties, or get out of Fulton and relocate. "We have had tenants who have been there for years and years and who decided to move across the river," said Tom Flanigan, ING Clarion asset manager. "I don't think it was taxes." To attract new business and keep what it has, Fulton is pushing a campaign designed to clean up what it says is the 10 percent of Fulton Industrial Boulevard that gives the rest of it a bad name. For starters, code enforcers and police have targeted motels that allegedly were centers for sex and drug trades; three were closed for health and safety violations, and a fourth was sold to a new owner, who refurbished the property and secured a Days Inn franchise.
The new motel has posted rules in the lobby banning unregistered guests from rooms and requiring identification to reserve a room as a customer. "We got rid of a hub of criminal activity," said Tom Phillips, county code enforcement administrator. "You can walk in there now and say, 'I can stay here.' Two years ago you wouldn't have said that. You might not even have walked in there." At its last meeting, the County Commission banned truck drivers from parking their big rigs in vacant lots off the boulevard and using them as unofficial truck stops. "Truck stops, as you know, have a link to prostitution," Phillips said. Even strip clubs such as Fannies' Cabaret are seeking a more orderly boulevard. Fannies' is trying to distance itself from prostitution, specifically the hookers who regularly have solicited the club's clientele when arriving and leaving. The club hired security to run them off. "It didn't used to be this way 15 years ago," said Thomas Madden, Fannies' Cabaret general manager.
Police have cracked down, making 107 prostitution arrests in the past two years compared to 41 in the three previous years, according to county statistics. The county is committed to restoring a clean-cut image to the boulevard's seven-mile roadway that runs from Fulton County Airport at Charlie Brown Field to Campbellton Road in south Fulton, according to Deputy County Manager Rob Hernandez.
The area has 89 million square feet of warehouse and commercial space but a county study released in March showed that several buildings and warehouses, developed in the 1960s and 1970s, are practically unusable. Seven properties are listed on the Georgia Hazardous Site Inventory, including five for the presence of cancer-causing vinyl chloride. Noting its potential, the study described the boulevard as potentially one of the largest and most prestigious warehousing and transportation hubs east of the Mississippi River. "Today it may still be the largest, but it has lost much of its prestige," the report concluded. Last month, the county used Packet Page 472
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the area blight and vacant warehouses to have the district reclassified as an opportunity zone urban redevelopment area. That allows it to borrow $26 million from a federal bond program and give employers a $3,500 tax credit for each new job for 10 years. Hernandez said the county wants to use the bond money to install crime surveillance cameras in the area. A $100,000 federal grant already was secured to increase police patrols and hire seven officers specific for south Fulton. "We're serious about this," Hernandez said. "We have put together everything we have available in our tool box to assist Fulton Industrial." Satellite offices for county services and commissioners Emma Darnell and Bill Edwards have been set up to show the county is committed to improving the area. People have noticed.
Companies recently either bought or leased separate industrial properties that cover a combined 260,000 square feet. With upgrades, the area should be able to sell itself. It is located in the center of a metro area that promotes itself as a national transportation hub. Fulton Industrial offers a regional airport and is close to Hartsfield-Jackson International Airport. I-20 is located nearby, as is the Norfolk Southern Intermodal container shipping yard in Austell, an industrial area crisscrossed by railroad tracks.
A next step would be to develop a Community Improvement District, which has happened elsewhere in Fulton and in Cobb, DeKalb and Gwinnett counties. CIDs require commercial property owners to tax themselves to pay for development plans, transportation alternatives and security. Boulevard activists so far have been unable to obtain 51 percent approval of the property owners to install a CID, which increases tax bills by 3 or 4 mills. Yet one man on board with this idea is Madden, the strip club manager, who recognizes that even the adult entertainment business needs better security. "We have to keep it clean here," he said.
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The Atlanta Journal-Constitution (GA)
October 9, 2008
Fulton Begins Taking Steps to Aid 911 Center
Author: D. L. Bennett
Fulton County has begun making changes that officials hope will improve a 911 center beset by chronic understaffing and dangerous operator errors. By filling 12 vacancies and promising reforms to reduce job-related stress, county officials say they should be able to boost both work quality and employee retention. "We are adamant when we say we are going to solve the problems in the center," said Roberto Hernandez, deputy county manager. "Once we know all the facts, we will address it immediately. We will fix it." Problems at the center that takes emergency calls and dispatches aid were discovered in August when an operator mistakenly sent help to the wrong location for a Johns Creek woman who later died. An Atlanta Journal-Constitution investigation found more than 1,000 write-ups of employees during the past five years for everything from fighting, dispatching mistakes and chronic tardiness to falling asleep on the job. Current and former employees complained that understaffing leads to workers being routinely forced to work 12- and 16-hour days, straining family life and causing conflicts in the center, dispatching and call-taking errors. The inquiry found mistakes that endangered not only callers seeking help but the emergency crews sent to provide aid.
Fulton also has launched three of its own investigations -- one by an outside consultant reviewing center operations, another by police of the incident on Aug. 2 and a third by Hernandez and others looking at employee satisfaction issues. Rather than wait for those all to be complete, County Manager Zachary Williams has filled 12 of 33 openings for communications officers and supervisors by reassigning operators who previously provided service for the city of Milton under contract. Milton dispatching is now handled by Alpharetta. "This definitely should add value and reduce stress on the staff," said Commissioner Lynne Riley, who represents the city of Johns Creek, where Darlene Dukes died Aug. 2. Fulton also has in process two classes of trainees who should be able to fill all the remaining spots, a move he hopes will cut down on stress at the center and reduce conflict and mistakes. Everyone should be on the job within six months, Hernandez said.
"We remain committed to excellence in all public safety services, and recognize that 911 operators are the first link in the chain of emergency response," said Williams. "These men and women save lives each day." The auditor's report is now due Nov. 10. The internal probe by police should wrap up this week. Hernandez said the committee's work on employee issues is ongoing and its plans address issues like child care for employees who work odd hours and stress management.
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The Atlanta Journal-Constitution (GA)
October 5, 2008
Not Enough Workers and a lot of Slack
Author: Heather Vogell & D. L. Bennett
A supervisor told 911 worker JoLynn Griffin she didn't have any days left for vacation. The Fulton County emergency center had barely enough workers to cover shifts. But Griffin went on a cruise anyway. She returned to find her job waiting, her personnel file shows, just as it had been when she'd missed work before. Chronic absenteeism and tardiness are among the center's most vexing problems, records and interviews suggest, accounting for roughly a quarter of all personnel infractions and aggravating a staffing shortage that can mean marathon shifts for the dispatchers who do show up. Griffin is one of scores of Fulton 911 employees who racked up roughly 280 sanctions for arriving late or not at all -- often on multiple days -- a database of personnel actions since January 2004 reveals. The problem is likely worse; officials say their data is not comprehensive.
No-shows were counseled, warned and occasionally suspended. But they were rarely fired, data show. Some workers accumulated long disciplinary histories that included 911 call errors as well as absences, and they weren't terminated, according to personnel files. "It appears that certain violations of performance were tolerated or forgiven, for lack of a better word, in order to maintain the staffing required to operate the center," said Lynne Riley, a Fulton commissioner.
Losing trained employees wasn't an attractive option for the 911 center. In recent weeks, as many as a third of the center's total positions have sat vacant. Deputy County Manager Rob Hernandez said staffing shortages are common at 911 centers, but Fulton's center needs to train more new workers and improve retention. A county consultant should address discipline problems such as absenteeism, he said. "In general, discipline was used like a tool -- a management tool -- rather than as a last resort," he said. "It may have lost its intended effect." Data show at least eight 911 workers have been sanctioned 10 or more times for playing hooky or walking in late since 2004. Migraines, oversleeping and not feeling well were regular excuses, files say. Employees also blamed a pet illness, panic attack, traffic, getting back in town late, driving a child to school, car problems and a broken toilet. Even current center director Crystal Williams has filed her share of tardy slips, records show, citing late starts, trouble finding parking, feeling ill and, on at least three days, alarm clock malfunctions. Reached by phone, she declined to comment. Former 911 center employees said chronic tardiness and absenteeism led to feuding among staffers. Cassandra Eloi said that during her year at the center it was common to be held over for extra work because others failed to show. Those who did come in often worked 12 to 16 hours straight, she said. "You are running a 911 center on minimal staffing every day," said Eloi, who was fired for being rude to callers. "You have calls holding. You have calls dropping, every day."
Griffin left without permission for the cruise and two other short vacations between September 2003 and March 2004 -- in addition to taking dozens of sick days and showing up late at least 14 times, records show. Alfred "Rocky" Moore, the center's director at the time, wrote in a March Packet Page 475
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2004 letter that he was considering dismissing her. "Your personal vacation [cruise] did not justify an emergency vacation," he wrote. But Griffin hung on, volunteering for a demotion instead. Her tardiness continued. One night in January 2006, the call center sent a Fulton sheriff's car to pick her up for work because she had car trouble, records show. Later that year, she was suspended after supervisors said an error she made delayed response to a fire call. She took disability retirement in mid-2007.
Griffin, a 23-year center veteran who was called "an excellent supervisor" in a 1995 job review, said in an interview she disputes that she caused a delay on the fire call, or that her unpaid leave resulted in a staffing shortage that couldn't be covered. She said she was singled out for infractions that others -- including supervisors -- also committed. She felt Moore had a grudge against her. "There was no reason to deny me," Griffin said of her vacation requests. "It's not like I didn't do my share of covering for people, either."
Other workers also complained discipline was not handed out evenly. "There are subjects who manage to be sick every payday weekend and never receive any type of discipline from your same staff," communications officer Francesca Pearson wrote in an April memo to Moore.
Pearson could not be reached for comment for this article. Morale was low. After a supervisor threatened one employee with suspension for tardiness, she responded: "go ahead and suspend me that's one less day that I have to work here," a note in her personnel file said. Moore, who was reassigned, did not return three phone messages seeking comment.
The 911 center hasn't lacked the money to fill vacancies. For the past three years, the center -- funded by fees tacked onto phone bills -- has ended the year with excess cash in its salary account, records show. In 2007, it finished nearly $1 million richer than it started. Instead, Hernandez said the center appears unable to keep up with attrition. Some drop out during the intense six-month training period. Others start but find the pressure and night shifts unworkable.
Child care and worries about job security as some cities encroach on Fulton's call territory are also factors, he said. He said he does not want to second-guess center managers on their handling of absent employees. But it is a serious problem. "I know my boss would consider that to be job abandonment," he said.
Data analysts John Perry and Megan Clarke and staff writer Cameron McWhirter contributed to this article. 32 emergency calls delayed. Six of those calls were delayed more than 20 minutes. * 23 instances of employees being orally abusive, fighting, being unprofessional or disruptive in the call center. 34 write-ups for poor customer service. 9 instances of dispatchers sleeping on duty. 280 write-ups of not showing up to work or showing up late. 147 write-ups for not meeting monthly standards for speed and safety by the department. * Numbers based on a review of the incomplete database of disciplinary actions against employees at Fulton County's 911 center.
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Sun Sentinel - Fort Lauderdale (FL)
April 29, 1997
Conditions for Planned Shelter don’s Allay Fears
Author: Robin Benedick
No matter how many conditions the city puts on the proposed homeless shelter on West Sunrise Boulevard, they won't appease nearby property owners who worry about transients congregating near their homes, businesses and public parks. "Those conditions won't keep vagrants from wandering around the neighborhoods," said Fort Lauderdale Vice Mayor Tim Smith, who is among the shelter's harshest critics. "Unless there are incredibly stringent rules that you can only go in by vehicle and leave by bus, that neighborhood is going to be overrun." Smith and neighborhood leaders are hoping to derail Broward County's plans for a $7.7 million shelter at 600 W. Sunrise Blvd. Their first chance comes at a special meeting of the city Planning and Zoning Board at 6:30 p.m. Wednesday at City Hall, 100 N. Andrews Ave. The board's recommendation goes to city commissioners for hearings. One of the conditions the city wants to put on the proposed 200-bed homeless assistance center is that it accept no walk-ins - only tenants who are referred there by an agency or police. That means homeless people now accustomed to staying the night at Tent City, the dingy open-air camp in a downtown parking lot, won't get into the new shelter without referrals.
Opponents are pushing the planning board to delay approval until Broward hires a not-for-profit group to run the center and community leaders raise $3 million in private donations for the project. The shelter is expected to be completed in 18 months once city approvals are granted.
Broward County's architect, Edward Seymour, has designed a two-story shelter patterned after one in Miami. The building would face Sunrise Boulevard, but entrances and parking would be at Northwest Sixth and Seventh avenues. The fenced campus would have separate men's and women's dormitories with room for families, classrooms, a medical clinic, day-care center, dining hall and courtyard.
City planners are recommending approval with these conditions:
o Availability: Center must give priority to Fort Lauderdale's homeless who are within two miles of the center.
o Security: Center must pay for 24-hour security inside and outside the campus. o Curfew: Center must require tenants to be inside from 8 p.m. to 7 a.m. daily. Exceptions would be made for school or work.
o No walk-ins: Center must not accept people without a referral. Center also must establish a no-loitering policy on the property and post signs.
o Citizen board: Center must set up a neighborhood advisory board.
County officials said they were designing a shelter that wouldn't be a magnet for uninvited homeless people. "The word will quickly get out among the homeless that this facility does not accept walk-ins," said Rob Hernandez, Broward County's assistant director of Human Services.
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address a growing problem that could get worse under new federal and state welfare reforms.
Homeless advocates worry that police will enforce trespassing and other city laws too eagerly to chase transients from public places. "Being homeless is not a crime and it shouldn't be that they go to jail for that," said Dianne Sepielli, a member of the county's homeless advisory board.
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Sun Sentinel - Fort Lauderdale (FL)
March 13, 1994
New Refugees like Broward Cuban Immigrants Find more Opportunities, Less Congestion Author: Lyda Longa
When Geovanny Montes de Oca and 11 of his friends set sail from Havana for the United States aboard a rubber raft in October, Montes de Oca's friends couldn't stop talking about Miami. But after the men were rescued by the U.S. Coast Guard and taken to Key West, Montes de Oca set his sights on a different place: Broward County. His relatives had described Broward as an area where plenty of opportunities could be found. "I like Miami, but up here, there's less congestion and life is more relaxed," Montes de Oca said in Spanish. "I love it here because I'm learning English, I have a job and I even got a car," he said. Montes de Oca works at the Fort LauderdaleHollywood International Airport's catering service. Montes de Oca, who lives with friends in west Hollywood, is not alone. In the past six months, a colony of about 50 or 60 Cuban rafters has taken root in Hollywood and Fort Lauderdale.
The reason is simple: The rafters believe that employment and housing are easier to get in Broward than in Dade County. Historically, rafters have flocked to Dade County because they felt more comfortable among their Cuban countrymen, said Roberto Hernandez, executive director of Hispanic Unity of Florida. But that's changing. "Lately, the rafters have learned that in Broward there is less congestion and a better chance of finding a job," Hernandez said. "Many of them also have friends and family in the area who have told them that Broward County has less Hispanics and less competition for work."
According to the 1990 U.S. Census, there were roughly 109,000 Hispanics in Broward County compared to almost 1 million in Dade. Of those, there were 24,000 Cubans in Broward and almost 570,000 Cubans in Dade. Hector Nodarse, 29, heard about Broward County when he was still in Havana earlier this year. Nodarse was a sound technician with El Ballet Nacional de Cuba - the Cuban National Ballet. "I like the hustle and bustle of Miami because it reminds me of Havana, but I already have a job here {in Broward)," Nodarse said. "Broward is a little too quiet for me, but I'll get used to it."
Brothers Roberto and Raydel Rivera of Dania are two more Cuban rafters who ended up in Broward. The Riveras arrived in Miami aboard a rubber raft in December; they came from the Cuban port town of Mariel. Both are learning English at a night school in Hollywood. "I lived in Miami for about a month before I came to Dania, and I tell you life is better here," Roberto Rivera, 22, said in Spanish. "I'm learning English, I just got my driver's license and soon, I know I'll have a job. Once I get that I'll get my own apartment. Life is good here." Packet Page 479
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Sun Sentinel - Fort Lauderdale (FL)
February 22, 1994
Planned Center may Help Elderly Hispanics
Author: Lyda Longa
Inez Carrascillo is an elderly Hispanic woman who wants somebody to talk to.
When you're 76 and the only language you speak is Spanish, it's hard to make friends in a neighborhood filled mostly with young working Anglos. Soon, Carrascillo, who is Cuban, and other elderly Hispanics in Broward County could have a place to spend time together, working on arts and crafts and chatting in Spanish.
Roberto Hernandez, director of Hispanic Unity of Broward, said he hopes to open the county's first senior center for Hispanics in the next few months. The proposed center, which would be in Hollywood, would provide activities, meals, transportation and companionship for Broward Hispanics over 60. The 1990 U.S. Census estimated there were 11,891 elderly Hispanics in the county. "There is no single place in Broward County where elderly Hispanic people can go just to talk and relax with their peers," Hernandez said. "When you reach a certain age, you want to be with other people who share a similar culture and can understand you." Hernandez, 27, has applied for a $100,000 county grant that would pay for four full-time employees for the planned center. Last year he purchased a 7,000-square-foot building at 5840 Johnson St. for the center with the help of a grant from the city of Hollywood. Edith Lederberg, executive director of the Area Agency on Aging, said she has promised Hernandez that her organization would provide meals for the center once it opens.
Although there are a handful of senior centers scattered throughout the county, Lederberg and other social service officials agree that none cater specifically to Broward's Hispanic elderly. "We have several senior centers throughout the county, but elderly Hispanic people won't go there because they feel uncomfortable and out of place," Lederberg said.
That feeling is not limited to elderly Hispanic people. Gema Hernandez, a sociologist and associate professor at Nova University's School of Business, said the sentiment is shared by most elderly people of varying ethnic backgrounds. "As we age, most of us have a need to return to our ethnic roots," Hernandez said. Carrascillo, who stays alone during the day in her west Hollywood home while her daughter and grandchildren go to work and school, said she needs someone to interact with during those long hours.
Research Compiled by: Amanda Dillabough
Colin Baenziger & Associates
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Appendix D
St. Johns County, FL Resolution Thanking
CB&A for Its Outstanding Service
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Appendix E
Comments from Dale Martin on
CB&A’s Vetting Process
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Weekly comments from Dale Martin
By Dale Martin, City Manager, City of Fernandina Beach
March 18, 2016 1:00 a.m.
The vetting process employed by Mr. Colin Baenziger following my application to the City of Fernandina Beach was the most thorough review of my career, credentials, and references that I have ever experienced. In the months leading to my appointment here, I was interviewed in several other communities for similar City Manager positions. Despite getting to the interview stage in those communities, none of my references ever indicated to me that they had been contacted. As part of the selection process here, I was required to provide an exhaustive list of references, some very specific, such as my current Town Attorney, auditor, Chamber of Commerce, etc. To the best of my knowledge, every single reference provided was contacted.
The historic information provided to the City Commission for each candidate was extensive.
Reading through the older newspaper articles rekindled so many memories- the personalities and issues from earlier days illustrate some peaks and valleys over the past twenty years. It has been a wonderful ride.
Note: Mr. Martin reminisces about his career for the remainder of the article. The full article can be found at:
http://fernandinaobserver.com/2016/03/18/weekly-comments-from-dale-martin-5/#more-65218 Packet Page 487