Agenda packet, regular meeting — Sand City City Council, September 17, 2024

CITY COUNCIL REGULAR MEETING

JOINT SAND CITY COUNCIL AND

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
TUESDAY, SEPTEMBER 17, 2024
5:30 PM
1 AGENDA

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
City Council Regular Meeting - Tuesday, September 17, 2024 5:30 PM

AMENDED AGENDA

THIS MEETING WILL BE HELD VIRTUALLY AND IN PERSON, IS COMPLIANT WITH ASSEMBLY BILL (“AB”) 2449, SIGNED INTO LAW ON SEPTEMBER 13, 2022, WHICH AMENDS GOVERNMENT CODE SECTION 54953 TO PROVIDE AUTHORITY FOR PUBLIC

AGENCIES TO CONTINUE TO HOLD VIRTUAL MEETINGS AND REMAIN IN COMPLIANCE WITH THE BROWN ACT (GOV. CODE §§ 54950 ET SEQ.).

TO PARTICIPATE IN THE ZOOM COUNCIL WEBINAR LIVE:
https://us02web.zoom.us/j/88349100938
Webinar ID: 883 4910 0938
To participate telephonically by calling the number below:
(669) 900-6833
Webinar ID: 883 4910 0938#
If prompted to enter a participant ID, press #
TO PARTICIPATE IN PERSON:

City Hall Council Chamber
1 Pendergrass Way
Sand City, CA
How to submit written Public Comments:

If any member of the public would like to provide written comments at the meeting, please do as set forth below.

Written: All comments received before 8:00 am the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Council members at the meeting. Please email your comments to: [email protected].

Read Aloud During the Meeting: Email your comments to [email protected]. When the Mayor opens the public comment period for the relevant agenda item; please indicate the agenda item and title in your email subject line. If you want your comment read aloud, prominently write “Read Aloud at Meeting” at the top of the email and your comments will be 2 1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER

4. COMMUNICATIONS
Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency. The City Council Chambers podium is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you.

5. CONSENT CALENDAR
The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration.
5A. Approve the City Council Regular Meeting Minutes for August 20, 2024 Draft Minutes
5B. Proclamation Recognizing Stormwater Awareness Week September 23-27, 2024 Proclamation
5C. Approve a Resolution Approving a Joint Exercise of Powers Agreement and Cooperation Agreement with Monterey County and the Cities of Gonzales, Greenfield, Marina, and Sand City to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974, as Amended, for the Period of July 1, 2025 Through June 30, 2027
Staff Report
Draft JPA Cooperative Agreement xx
Resolution
5D. Acceptance of City/Successor Agency Financial Report from July 2024 Staff Report
July 2024 Month End Cash Register Activity Report
July 2024 Month End Cash Disbursement Report
read into the record (not to exceed three minutes at staff’s cadence).

DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act at the number provided above. Please use the "raise your hand" option on Zoom, and the City Clerk will call on your name.
3 July 2024 Successor Agency Trial Balance Report

6. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR

7. PRESENTATION

8. PUBLIC HEARING

9. NEW BUSINESS
9A. Presentation of Artists Renderings for the 2024 we.Mural Festival Staff Report
9B. Approve a Resolution Approving a Revision to the Current Facade Improvement Program
Staff Report
Resolution
Exhibit A1 Sand City RCP Information
Exhibit A2 Sand City RCP Checklist
Exhibit A3 Program Application
Exhibit A4 Funding Agreement
9C. Consideration of Art Park Gate and Allocation of $23,600 Contract with Saunders Sculpture Works Inc.

Staff Report
Exhibit A Gate RFP
Exhibit B Staff Report 6-15-21
Exhibit C Staff Report 3-1-22
Exhibit D 3-1-22 Minutes
Exhibit E Gate Estimate

10. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO SAND CITY

11. CLOSED SESSION

12. ADJOURNMENT
The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
4 AGENDA ITEM
5A.

Approve the City Council Regular Meeting
Minutes for August 20, 2024
5 1

MINUTES

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
City Council Regular Meeting - Tuesday, August 20, 2024 5:30 PM Mayor Carbone called the meeting to order at 5:30 PM.

1. ROLL CALL

Present: Mayor Carbone
Vice Mayor Blackwelder
Councilmember Diaz
Councilmember Hawthorne
Councilmember Sofer
Staff: City Manager Vibeke Norgaard
Police Chief David Honda
City Attorney Adam Lindgren
City Engineer Leon Gomez
City Clerk Kerry Lindstrom

2. PLEDGE OF ALLEGIANCE
Police Chief David Honda led the Pledge of Allegiance.

3. INVOCATION
Reverend Hellam made the invocation.

4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER Mayor Carbone announced:
 Copies of the Mayor’s Report were made available to the public.  A celebration of life for Craig Hubler will be held on August 23, 2024 in the Sand City Council Chamber.
 The West End Festival is this weekend, August 24 & 25, 2024.  MST Board met on August 19, 2024 and directed Mary Ann Carbone, Chair to send a letter to the Coastal Commission on behalf of the Board to address the 41 errors in the Coastal Commission staff report and the exaggerated negative impact and another letter inviting the Coastal Commission CEO for a tour of the MST SURF! Project site.

City Manager Vibeke Norgaard announced:
 The City will have a booth at the West End Festival to notify residents of various ongoing projects in Sand City. Copies of the Sand City Newsletter will be available at the booth as well.
 Postcards will be sent to all residents and businesses in Sand City notifying them on how to sign up to receive the Sand City Newsletter.
 Coastal Trail – Aerial surveying has taken place and aerial maps have been received. BFS landscape architects are working on conceptual design plans.  Bike Trail – Staff applied for three additional MBARD grants for final project design.  MST SURF! Project – The Engineering Staff has reviewed MST plans and returned all first round plan check comments to MST.
6 2
 The Human Resources Department has begun a recruitment for a new police officer to fill a vacant position.
 The City Attorney has drafted agreements as part of the escrow on 501 Ortiz and is on track to close escrow. ELS architects are working on a design concept and feasibility analysis.
 Flock cameras can provide statistics and analyze data. Statistics show for July, reading a license plate once only, a total of 606,737 cars were tracked coming into the City.
 Mural Festival – Talking Walls have located artists and have been in communication with the Art Committee Chair and with the Salvation Army to get approval for the Salvation Army Wall. Renderings will come to Council for approval at the September 17, 2024 City Council meeting.

5. COMMUNICATIONS
Public comment received from Jonathan Ahmadi and Luke Kilpatrick.

6. CONSENT CALENDAR
No public comment received.

Upon motion by Councilmember Hawthorne and seconded by Councilmember Diaz, Councilmember Sofer absent, Council voted 4-0-1 to approve the Consent Calendar. 6A. Approved the City Council Regular Meeting Minutes for March 21, 2023 and the Special Meeting Minutes and Regular Meeting Minutes for July 16, 2024. 6B. Considered and approved resolutions approving the Mayor's Proclamations:

Resolution SC 24-52 Honoring Craig Hubler public service for the City of Sand City, Resolution SC 24-53 Recognizing Star Spangled Banner Day, Resolution SC 24-54 Designating September as Ovarian Cancer Awareness Month, and Resolution SC 24-55 Lifting Community voices for a World Free of Nuclear Weapons.
6C. Designated Mayor Carbone as Voting Delegate, Councilmember Sofer as Alternate, and Councilmember Diaz as 2nd Alternate for the 2024 League of California Cities Annual Conference and Expo.
6D. Approved Resolution SC 24-56 approving the Dates for the 2024 we.Mural Festival.
6E. Approved Resolution SC 24-57 approving the City's Fiscal Year 2024- 25 General Employees Salary Schedule.
6F. Accepted the City/Successor Agency Financial Reports from June2024.

7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
No items were pulled.

8. PRESENTATION
None.
7 3

9. PUBLIC HEARING
None.

10. NEW BUSINESS
10A. Approve a Resolution Amending Appendix "A" to the City of Sand City's Conflict of Interest Code Set Forth in Chapter 2.20 of the Sand City Municipal Code No public comment received.

Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Hawthorne, Councilmember Sofer absent, Council vote 4-0-1 to approve Resolution SC 24-58 amending Appendix “A” to the City of Sand City’s Conflict of Interest Code set forth in Chapter 2.20 of the Sand City Municipal Code. 10B. Approve a Resolution Adopting a List of Projects for Fiscal Year 2024-25 Funded by SB 1: The Road Repair and Accountability Act of 2017 Public comment received from Luke Kilpatrick and an unnamed speaker.

Upon motion by Councilmember Hawthorne and seconded by Vice Mayor Blackwelder, Councilmember Sofer absent, Council voted 4-0-1 to approve Resolution SC 24-59 adopting a List of Projects for Fiscal Year 2024-25 funded by SB 1: The Road Repair and Accountability Act of 2017. 10C. Discussion Regarding Resolution Establishing a Short-Term Rental Permit Cap Public comment received from Luke Kilpatrick and an unnamed speaker.

The Council discussed the current cap of fifteen short-term rentals and discussed possible consideration of lowering the cap on short-term rentals.

The Council’s direction is to maintain the current cap of fifteen short-term rentals.
10D. Approve a Resolution Authorizing Application to and Participation in the Prohousing Designation Program
Public comment received from Luke Kilpatrick.

Upon motion by Councilmember Hawthorne and seconded by
Councilmember Diaz, Councilmember Sofer absent, Council voted 4-0- 1 to approve Resolution SC 24-60 approving authorizing an application to and participation in the Prohousing Designation Program. 10E. Consideration and Approval for the Cancellation of the September 3, 2024 Regular City Council Meeting
No public comment received.
8 4
Upon motion by Councilmember Hawthorne and seconded by Councilmember Diaz, Councilmember Sofer absent, Council voted 4-0-1 to approve the cancellation of the September 3, 2024 Regular City Council meeting.

11. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO SAND CITY

12. ADJOURNMENT
Council adjourned the meeting approximately at 6:50 PM. 9 AGENDA ITEM
5B.

Proclamation Recognizing Stormwater
Awareness Week September 23-27, 2024
10 PROCLAMATION

PROCLAMATION BY THE MAYOR OF THE CITY OF SAND CITY

RECOGNIZING STORMWATER AWARENESS WEEK
September 23-27, 2024
WHEREAS, the water quality of our local water resources is vitally important to sustainable communities and to the health, safety, and well-being of the people in our communities; and,
WHEREAS, it is in the public interest for the citizens, civic leaders, business interests, and children in our communities to gain knowledge of, and maintain a progressive interest in, the protection of our water resources, including the understanding of best management practices for stormwater management; and,
WHEREAS, Local Agency, Municipal Staff, and dedicated volunteers often serve on the front lines of protecting water quality; and,
WHEREAS, stormwater is increasingly becoming a new water resource for our communities, where every drop counts as demonstrated by its contributions as a source water for the Pure Water Monterey project; and,
WHEREAS, since 2002, Monterey One Water has facilitated the Monterey Regional Stormwater Management Program (MRSWMP), a regional collaboration among member entities intended to implement local Municipal Separate Storm Sewer System (MS4) Phase II Stormwater Permit Requirements under the Clean Water Act in a consistent and cost-effective manner; and,
WHEREAS, since 2002, the City of Sand City has been a member agency of the MRSWMP; and,
WHEREAS, 2024 marks the 13th year of the annual Stormwater Awareness Week, a statewide effort to educate local agency and municipal staff on stormwater and water quality issues plus help inform the public on the importance of protecting the Monterey Bay National Marine Sanctuary as the terminus point for the majority of stormwater in our communities;
NOW, THEREFORE, it is hereby proclaimed by Mary Ann Carbone, Mayor of the City of Sand City, recognizing the week of September 23 - 27, 2024, as Stormwater Awareness Week, and urges all community members to recognize the importance of stormwater quality and its impacts on community health, safety, welfare, and quality of life.

Proclaimed and signed by the Mayor of the City of Sand City on this 17th day of April, 2024.
11 _________________________
Mary Ann Carbone, Mayor
12 AGENDA ITEM
5C.

Approve a Resolution Approving a Joint
Exercise of Powers Agreement and
Cooperation Agreement with Monterey
County and the Cities of Gonzales,
Greenfield, Marina, and Sand City to
Undertake or to Assist in the Undertaking
of Essential Activities Pursuant to Title I of
the Housing and Community Development
Act of 1974, as Amended, for the Period of
July 1, 2025 Through June 30, 2027
13 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager
SUBJECT: CDBG Urban County Consortium JPA and CA for July 1, 2025, Through June 30, 2027
DATE: September 17, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:

SUMMARY:

The U.S. Department of Housing and Urban Development (HUD) qualified Monterey County, an Urban County Consortium for entitlement purposes on November 1, 2012.

The County is required to requalify as an entitlement community every three years. On its own, Monterey County does not qualify as an entitlement community and must therefore form an Urban County Consortium with cities in the County in order to qualify. The recommended actions will renew the Urban County Consortium and allow the County to requalify for the entitlement designation.

DISSCUSSION:

The CDBG entitlement program provides annual federal grants on a formula basis to entitled cities and counties to develop viable urban communities and to expand economic opportunities. HUD awards grants to entitlement community grantees to carry out a wide range of economic and community development activities directed toward promoting economic development, revitalizing neighborhoods, and providing improved community facilities and services. Entitlement grantees must give maximum feasible priority to activities which benefit low- and moderate-income (Low/Mod) persons. CDBG funds may not be used for activities which do not meet these broad national objectives.

There are two thresholds that must be met to be designated as an Urban County: 1) the unincorporated areas must have a population of at least 100,000; and 2) must be more than 50% of the Low/Mod population of the non-entitled cities and unincorporated areas of the county. On its own, the County does not meet the second threshold. To requalify, the County must partner with smaller cities to increase the number of Low/Mod persons covered by the Urban County Consortium.

The proposed Urban County Consortium is made up of the County and cities of Gonzales, Greenfield, Marina, and Sand City. As required by HUD, the County did extend an invitation to all non-entitlement cities to join the Consortium. In response the County received correspondence from King City declining and no responses from the 14 cities of Carmel-by-the-Sea, Del Rey Oaks, and Soledad. Pacific Grove withdrew its involvement. The cities of Monterey, Salinas, and Seaside are CDBG Metropolitan Cities and were not invited to join the Consortium.

HUD estimates, based on FY 2023 federal appropriations, that the Urban County Consortium is expected to receive approximately $4,630,695 in new CDBG funds over the next three years. Of the total, the County will retain approximately $728,978 to manage the program and $694,604 will be allocated to public services not benefiting a specific community. The balance of the funding will be allocated to cities with Sand City receiving $74,076. The County will also retain any unused administrative and public service funds for County sponsored projects.

CEQA:

This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.

FISCAL IMPACT:

Should HUD renew the grant, funding for Sand City will be $74,076 for the applicable period (July 1, 2025, through June 30, 2027).

RECOMMENDATION:

It is recommended that the City Council Adopt the Resolution to:
a. Authorize the City Manager to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement (JPA and CA) attached as Attachment 1. b. Authorize the City Manager to sign the JPA and CA;
c. Authorize the City Manager to approve minor modifications to the JPA and CA as necessary to comply with federal requirements and as directed by the U.S. Department of Housing and Urban Development (HUD); and,
d. Authorize the City Manager to take any other actions necessary to receive the funds.

ATTACHMENTS:

1. Joint Powers and Cooperative Agreement

2. Resolution
15 1

JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION

AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF

ESSENTIAL ACTIVITIES PURSUANT TO
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974,

AS AMENDED,
FOR THE PERIOD OF JULY 1, 2025, TO JUNE 30, 2027
This Agreement (“Agreement”) is entered into by and between the County of Monterey (“County”) and the cities of Gonzales, Greenfield, Marina, and Sand City (“Units of General Local Government” hereafter “UGLGs”) relating to essential community development and housing assistance activities funded by the Community Development Block Grant Entitlement program of the U.S. Department of Housing and Urban Development.

RECITALS
WHEREAS, Congress has enacted the Housing and Community Development Act of 1974, as amended (the “Act”); and
WHEREAS, Title I of the Act provides for the Community Development Block Grant (“CDBG”) program; and
WHEREAS, Title I of the Act makes CDBG entitlement grants available to cities with a population of 50,000 or more persons and to counties that qualify as an Urban County; and WHEREAS, County qualified as an Urban County in 2012 and may thereby requalify to receive such funds; and
WHEREAS, the parties hereto wish to enter into this Agreement to enable the County to continue to receive CDBG entitlement funds as an Urban County and to establish the respective rights and obligations of the County and UGLGs to such funds.

WHEREAS, the City and the County agree to “cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities.” NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1) Authorities.
a. This Agreement is made pursuant to Section 6500 et. seq. of the California Government Code and constitutes an exercise of powers common to both UGLGs and County, each being empowered to carry out the purposes of the grant in their own jurisdictions. b. This Agreement is further made pursuant to the Housing and Community Development Act of 1974, as amended.
2) Definitions.

For purposes of simplicity and clearer understanding, some of the definitions below have been shortened or rephrased from those set forth in the Act and Regulations thereunder. In the event of any conflict between the definitions in this Agreement and those set forth in the Act and Regulations, the latter shall govern.
a. “Act”: Title I of the Housing and Community Development Act of 1974, P.L. 93-383, as amended.
b. “Advisory Committee”: The committee representing all jurisdictions participating in the 16 2
County’s Urban County application and comprised of a representative of each jurisdiction. c. “Annual Action Plan”: The annual plan summarizes the activities that will be undertaken in a program year to meet the goals outlined in the Consolidated Plan, how those projects address identified community needs, and assesses overall progress toward meeting the goals of the five-year Urban County Consolidated Plan.
d. “Board of Supervisors”: The County's legislative body which is the legal recipient of the Community Development Block Grant from HUD and is legally responsible for the administration of the Urban County Community Development Block Grant Program in the County of Monterey. e. “CDBG”: Community Development Block Grant, a federal program administered by HUD which provides funding to eligible entitlement cities and Urban Counties to address housing and community development needs of lower income persons.
f. “City”: Any city that is a party to this Agreement.
g. “Consolidated Plan”: The HUD required document to request funding as an Urban County. i. The Consolidated Plan also serves as a guide for HUD in the review of the distribution of resources to communities.
ii. The Consolidated Plan describes the housing and community development conditions and goals to address the needs of lower income persons and identifies actions to be taken by the Urban County to address its housing and community development needs. h. “County”: The County of Monterey.
i. “Grant”: The CDBG funds allocated by HUD to the County of Monterey as the legal recipient of the Community Development Block Grant for the Urban County. j. “Housing and Community Development”: The County department established by the County of Monterey Board of Supervisors to undertake the County's housing and community development programs including assistance in the development of affordable housing for low- and lower-income residents of the County.
k. “HUD”: The United States Department of Housing and Urban Development. l. “Joining Jurisdiction”. The jurisdictions joining the Urban County Consortium, i.e., the cities of Gonzales, Greenfield, Marina, and Sand City and the County of Monterey. m. “Program”: The County of Monterey’s Urban County Community Development Block Grant Program.
n. “Project Proposals”: Requests for an allocation of CDBG funds submitted by eligible applicants to implement specific eligible CDBG activities, including both projects and services, as defined by HUD.
o. “Public Participation Plan”: The plan adopted by the Board of Supervisors of the County which outlines the opportunities and process for citizen input on matters pertaining to planning, monitoring, and evaluation of the Urban County CDBG Program’s projects. p. “Regulations”: The rules and regulations of the U.S. Department of Housing and Urban Development. Particular reference is made to those regulations stated in 24 Code of Federal Regulations Part 570 (containing the general regulations of Community Development Block Grants) and Part 58 (containing the regulations on the Federal Environmental Review Procedures). q. “Units of General Local Government or UGLG”: Collectively, all signatories to this Joint Exercise of Powers Agreement.
r. “Urban County”: A county that is (1) in a metropolitan area; (2) authorized by state law to undertake essential community development and housing assistance activities within its unincorporated areas, and (3) has a total combined population of 200,000 or more (excluding metropolitan cities) from the unincorporated areas and participating incorporated areas; or has a total 17 3
combined population of at least 100,000 but less than 200,000 from the unincorporated areas and participating incorporated areas, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county (outside of any metropolitan cities). s. “Urban County Standing Committee”: The committee appointed by the Board of Supervisors to meet and confer about Project Proposals and to make recommendations to the Board regarding the Project Proposals.
t. “Urban County Staff”: Staff persons of the County and cities participating in the Program. 3) Purpose of Agreement.
a. This Agreement is formed to meet the requirements and purposes of the Act and Regulations with respect to the entitlement grant pursuant to Title I of the Act and to establish the respective rights of the parties to such grant.
b. The purpose of this Agreement shall be accomplished in the manner hereinafter set forth. 4) Cooperation Agreement.
a. UGLGs agree to undertake, or assist in undertaking of, essential activities as defined in the Act and Regulations thereunder for the term of this Agreement. i. More specifically, the UGLGs agree to cooperate to undertake, or to assist in undertaking, community renewal and lower-income housing assistance activities. b. The UGLGs will comply with the Urban County’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974 that the grant will be conducted and administered in conformity with all federal laws and regulations specified in HUD’s Urban County Notice (CPD-24-02) and:
i. Title VI of the Civil Rights Act of 1964 (and the implementing regulations at 24 CFR part 1);
ii. The Fair Housing Act (Title VIII of Civil Rights Act of 1968) and the implementing regulations at 24CFR Part 100, and the duty to affirmatively further fair housing (AFFH); iii. Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates,

1. Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR part 8;

2. Title II of the Americans with Disabilities Act and the implementing regulations at 28 CFR Part 35.

3. The Age Discrimination Act of 1975 and the implementing regulations at 24 CFR Part 146.

4. Section 3 of the Housing and Urban Development Act of 1968. iv. Other applicable laws.
c. UGLGs and County agree, pursuant to 24 CFR 570.501(b) that cities are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503.
i. Each UGLG understands and agrees that, should it fail to comply with such requirements or with the terms of this Agreement, funds which may be allocated to the offending UGLG during the effective dates of this Agreement may be terminated, or reduced or otherwise limited in accordance with the Act and Regulations.
d. UGLGs may not veto or prevent an approved activity that implements the Urban County’s 18 4
approved Consolidated Plan.
e. This Agreement covers only the County’s designation as an Urban County for the CDBG Program.
i. The County is not seeking Urban County designation for purposes of receiving Emergency Shelter Grant (ESG) or HOME Investment Partnership (HOME) funds. f. All UGLGs participating in this Agreement understand and agree that they may not apply for grants from appropriations under the State CDBG Programs for fiscal years during the period in which they are participating in the Urban County's CDBG Program. g. All UGLGs participating in this Agreement understand and agree that they may receive a formula allocation under the HOME Program only through the Urban County. i. Thus, even if the Urban County does not receive a HOME formula allocation, the participating UGLG cannot form a HOME consortium with other local governments. ii. This does not preclude the Urban County or a UGLG from applying to the State for HOME funds, if the State allows.
h. All UGLGs agree that they may that they could only receive a formula allocation under the ESG Program if the urban county were to pursue such funds, as the county currently is not a formula ESG grantee. UGLGs are not precluded from applying for and receiving state ESG funds in accordance with the California state ESG program.
i. The County will submit the Joint Exercise of Powers Agreement and Cooperation Agreement to the UGLGs for signature by the UGLGs if UGLGs choose to participate in the Urban County Program.
i. If an UGLG decides not to participate in the Urban County program by not signing a Joint Exercise of Powers Agreement and Cooperation Agreement, it shall not be eligible to receive Urban County entitlement CDBG funding for three successive program years commencing on July 1, 2025, and ending June 30, 2028 (Federal Fiscal Years 2025-2027). j. Upon qualifying, the Urban County will remain as such (including its unincorporated areas and the included UGLGs) for a period of three years.
i. That is, during the three-year qualification period, no included UGLGs can be removed from the Urban County. However additional UGLGs can seek to be included in the Urban County during that period.
ii. To assure that included UGLGs remain an effective part of the Urban County for the entire three-year qualification period, this Cooperation Agreement between the Urban County and its included UGLGs covers three successive program years. k. All UGLGs participating in this Agreement understand and agree that this Agreement remains in effect until the CDBG Grant funds and program income received with respect to activities carried out during the three-year qualification period, are expended and the funded activities completed, and that the County and UGLGs may not terminate or withdraw from this Agreement while this Agreement remains in effect.
l. All UGLGs participating in this Agreement have adopted and are enforcing a policy prohibiting the use of excessive force by law enforcement agencies within their own jurisdiction against any individuals engaged in non-violent civil rights demonstrations. m. All UGLGs participating in this Agreement have adopted and are enforcing a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions.
n. Cities may not sell, trade, or otherwise transfer all or any portion of such funds to another 19 5
such metropolitan city, urban county, UGLG, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Act. o. The Urban County is prohibited from funding any activities in – or in support of – any participating UGLG that impedes the County’s actions to comply with its fair housing certification. 5) Allocation of Funding.
a. As an Urban County, the County receives a direct allotment of CDBG funding from HUD.

The annual funding will be distributed as follows:
i. A maximum of twenty percent (20%) of the allocation will be retained by the County for general administration.
ii. Up to fifteen percent (15%) will be set aside for Project Proposals for services. iii. Up to sixty-five percent (65%) will be utilized for other eligible Project Proposals sponsored by participating cities and the County in the estimated allocations shown:

1. The City of Gonzales shall receive an allocation of approximately 3.8% of funding available for other eligible projects or $175,566 over the term of this Agreement.

2. The City of Greenfield will receive an allocation of approximately 11.882% of funding available for other eligible projects or $547,299 over the term of this Agreement.

3. The City of Marina will receive an allocation of approximately 9.8% of available funding for other eligible projects or $452,696 over the term of this Agreement.

4. The City of Sand City shall receive an allocation of approximately 1.7% of funding available for other eligible projects or $74,076 over the term of this Agreement.

5. The County of Monterey shall receive an allocation of approximately 36.6% of funding available for other eligible projects or $1,693,834 over the term of this Agreement.
iv. The allocations to the cities of Gonzales, Greenfield, Marina, Sand City, and the County shall be adjusted by the same percentage change in annual funding available from HUD. b. Per the California State Department of Housing and Community Development (HCD), any non-revolving State CDBG Program Income held by UGLGs as of July 1, 2019, and all future Program Income received thereafter must be transferred to Urban County for exclusive use by the UGLG depositing the Program Income with the Urban County. i. UGLGs are required to notify HCD that they are participating in the Urban County and will report all future CDBG Program Income through the Urban County. ii. Program Income transferred to the Urban County by a UGLG will be added to the UGLG’s funding pool. If an UGLG elects to leave the Urban County, it must notify both the County and HCD of its intention to continue depositing CDBG Program Income with the Urban County for the Urban County’s sole use or entering into a new Program Income Reuse Agreement with HCD.

1. It is the Urban County’s policy that UGLG Program Income deposited with the Urban County will be returned to the UGLG as an augmentation of their regular funding award as part of the subsequent program year Action Plan. c. Each UGLG must receive the minimum annual funding allocated at least once during each three-year funding cycle. An UGLG may elect to decline receipt of a portion or all UGLG’s annual allocation if it does not have projects ready for implementation. 20 6
i. All funding allocations declined by an UGLG will be allocated to County unless County agrees to allocate the declined funding back to UGLG in a future year within the three-year JPA term.
6) Administration of Agreement.

UGLGs, the Advisory Committee, and the Urban County Standing Committee shall have specific duties and authorities.
a. UGLGs are charged with:
i. Cooperating in furnishing information and assistance necessary for the preparation, completion and filing of required HUD documents in accordance with the requirements of the Act and the Regulations. In accordance with such cooperation, the UGLG shall annually furnish the UGLG's local plan and process for citizen participation in the development of the UGLG's project proposals requested to be funded with Urban County CDBG Program funds to the County. The UGLG's local citizen participation final commitments will be incorporated into the official Urban County Public Participation Plan.
ii. Submitting to the County all necessary information required for the completion of a Consolidated Plan, Annual Action Plan, Analysis of Impediments to Fair Housing, Consolidated Annual Performance and Evaluation Report, or any other reports as necessitated by the Urban County status in the form required by HUD. This information will detail the Joining Jurisdiction's commitments to aiding and opportunities to very low and low-income persons within the Joining Jurisdiction. The local commitments by all participating cities will be incorporated into documents submitted by the Urban County to HUD to determine the local commitments to address the needs of very low- and low-income persons. The County shall not alter or amend the information furnished to County by cities in compliance with the Act and Regulations. Consistent with identified Urban County needs and priorities, the County shall have full authority and necessary control of the preparation and filing of documents submitted to HUD and of other papers and documents in support thereof.
iii. Making recommendations to the Advisory Committee regarding Project Proposals for projects and programs within its jurisdiction.
b. The County is charged with:
i. Undertaking all Urban County activities including:
i. Issuing a NOFA each year for funding;
ii. Analyzing funding requests submitted in response to the NOFA; iii. Acting as staff to the Advisory Committee;
iv. Acting as staff to the Urban County Standing Committee; v. Overseeing activities of Subrecipients;
vi. Reporting to HUD as required;
vii. Preparing all reports for submittal to IDIS on Subrecipient activities; viii. Preparing all reports as required by HUD regarding the Urban County program; and, ix. Working with and keeping participating Cities informed as to overall activities of the Urban County.
c. The Advisory Committee is charged with:
i. Reviewing all Project Proposals.
ii. Making recommendations to the Urban County Standing Committee regarding awards of loans and/or grants on all Project Proposals. iii. Advising about the development of a comprehensive coordinated housing and community development, as necessary.
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iv. Recommending awards of loans and grants for service programs proposed by jurisdictions, agencies, and non-profit organizations to jurisdictions and the Urban County Standing Committee.
d. The Urban County Standing Committee is charged with:
i. Recommending awards of loans and grants for projects and service programs proposed by jurisdictions, agencies, and non-profit organizations to the County Board of Supervisors.
7) Term of Agreement.
a. This Agreement shall become effective upon full execution by the governing bodies of County and UGLGs and it shall remain in full force and effect through June 30, 2028, or until all funds and any program income are expended and all activities are completed. 8) Proposals.
a. All Project Proposals for eligible projects located totally within the sphere of influence of an UGLG and must be considered by the UGLG as part of its project proposal development process. 9) Project Proposal Processing.

In general, projects will be processed in the following manner:
a. UGLGs and the County will solicit project proposals from entities serving the community and from jurisdictional departments.
b. UGLGs and the County will review, rate, and rank all Projects Proposals within their jurisdiction using a form provided by the County and approved by the Advisory Committee. c. UGLGs will forward their rated and ranked Projects Proposals to the County for consolidation into one document.
d. The consolidated list of Project Proposals will be evaluated by the Advisory Committee to ensure that:
i) Projects meet the goals identified in the Consolidated Plan and Annual Action Plan. ii) No more than 15% of total funds are allocated to public services. e. The Advisory Committee will rate and rank the Projects Proposals and make final recommendations to the Urban County Standing Committee. f. The Urban County Standing Committee will rate and rank the Projects Proposals and make final recommendations to the County Board of Supervisors. g. The Urban County Standing Committee recommendations will be reviewed at a public hearing before the Board of Supervisors. It is understood and agreed that as the legal recipient of the grant, the Urban County, through its Board of Supervisors, must officially approve the recommended Project Proposals to be included in the application to ensure that the program submitted to HUD is consistent with the Urban County's Consolidated Plan.
10) Grant Disbursement.
a. UGLGs understand and agree that CDBG funds disbursed under this Agreement are the obligation of the County and that such obligation of the County is dependent upon the availability of federal funds to implement Title I of the Act. Funds disbursed to the UGLGs will be expended on eligible activities which have been approved by the Board of Supervisors and described in the adopted Annual Action Plan. The Annual Action Plan includes a description of prioritized needs, strategies to address the needs, and a project funding submission and evaluation process. This process 22 8
will be used to evaluate all project proposals according to their ability to address the adopted, prioritized needs and other criteria described in the adopted Annual Action Plan. b. Parties hereto agree that Urban County funding will be prohibited for activities in or in support of any UGLG that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. c. Upon approval of the County Board of Supervisors and HUD approval of the CDBG allocations and with the release of said funds, the UGLG may begin implementation of approved activities. Information on the progress of approved activities will be submitted to the County on a monthly or quarterly basis during the program years the activities are being carried out. This information will be included in the Urban County's monitoring reports which are reviewed by HUD during the program year. Projects which fail to meet schedules according to the approved time schedule will be evaluated according to the process detailed in the approved Urban County CDBG Program Guidelines.
11) Areas of Housing Authority Operation.
a. Nothing herein shall affect the rights and obligations of the parties with respect to any agreement which the UGLGs or County may have with the Housing Authority of the County of Monterey (HACM).
12) Services, Equipment and Property; Reimbursement.
a. The County shall provide or be primarily responsible for providing the services, equipment, and other property necessary for the planning, preparation and filing of CDBG documents and for the administration of the grant funds subject to the right of the County to seek reimbursement for actual expenses and costs of furnishing such services, equipment, and property. Subject to the provisions of the application or of the grant award made thereon, all property furnished by County as herein-above described shall belong to County during the term of this Agreement and after its termination.
b. At the termination of the CDBG program, all property and equipment acquired with CDBG funds will be subject to the requirements and conditions 2 CFR Section 200 Subpart D, Property Standards.
13) Program Income.
a. This Section 13 only applies to Program Income generated through activities funded by the Urban County Program.
b. The UGLGs acknowledge that they must continue to maintain separate Program Income records for 1) Program Income generated through State CDBG revolving loan fund programs and 2) for Program Income generated through the Urban County Program. c. Any Program Income generated by Urban County approved projects will be paid to the County except as cited in Section 14 below.
d. Any Program Income UGLGs or the County is authorized to retain may only be used specifically for eligible activities in accordance with the project approved by the Advisory Committee to which the Program Income relates and all CDBG requirements as may apply. e. The County has the responsibility for monitoring and reporting to HUD on the use of any such Program Income; accordingly, UGLGs and County shall provide appropriate record keeping and reporting as may be needed for this purpose.
f. In the event of close-out or change in status of an UGLG, any Program Income that is on hand or received after close-out or change in status shall be paid to the County, except for Program 23 9
Income generated by an approved project and held in a revolving loan fund as cited in Section 14 below.
g. On an annual basis, the UGLGs shall submit to the County written certification that such Program Income has been and shall continue to be used for approved purposes. h. Any Program Income which exceeds one hundred twenty five percent (125%) of the annual allocation at a point in time one hundred twenty (120) days prior to the fiscal year end must be returned to the County and will be added to the fund balance. To the extent possible, any Program Income returned to the County may be reallocated and reissued to the UGLG or County from which it came for new projects.
14) Revolving Loan Fund.
a. This Section 14 only applies to Program Income generated from HCD approved Revolving Loan Funds operated by Units of General Local Government. b. The purpose of this provision is to enable the UGLGs or County to continue a revolving loan program, if established, in the event of close-out or a change in status of the UGLG or County.

Such Program Income shall not be used for any purpose other than that for which it was approved and only for the benefit of low and very low-income households. c. If an UGLG or the County establishes a revolving loan fund project approved by the Urban County Standing Committee such as a first-time home buyer or housing rehabilitation loan program or a Business Assistance or a Micro-Enterprise economic development loan fund, the UGLG or County may request that it retain Program Income for continued use in the revolving loan project.

The request must be approved by the Urban County Standing Committee at the time of approval of the project. The approval to retain Program Income will be for a period not to exceed the three-year HUD approved Urban County funding cycle. The term may be extended for additional three-year periods that correspond to the HUD funding cycles by the Urban County Standing Committee upon request.
d. Eligible activities may be funded only through loans, which, in turn, generate payments to the fund for use in carrying out the same activities.
e. Any Program Income generated by revolving loan funds shall be maintained and used for the activity which generated the Program Income and must meet all existing and subsequent HUD regulations and requirements.
f. The UGLG or County must retain Revolving Loan Fund Program Income in a separate fund from other Urban County Program Income. The UGLG or County’s Revolving Loan Fund cash balance must be held in an interest-bearing account and the interest must be remitted to the County annually. The County, in turn, remits the interest to HUD. g. Regardless of the ability to retain Program Income, one hundred twenty (120) days before the end of any fiscal year, UGLGs or the County must return any Revolving Loan Fund balance to the County which is more than 125% of each UGLG’s or County’s annual allocation. h. Revolving Program Income returned to the County will be added to the fund balance as cited in Section 13 above.
15) Records.
a. UGLGs and County shall maintain appropriate books, records, files, and accounts relating to the receipt and disbursement of the grant funds, including records in accordance with 24 CFR Sec. 570.503 as they relate to the application, acceptance, and use of federal funds for this federally assisted program and any other records imposed by County's contract with HUD. All such books, records, files, and accounts shall be made available for inspection at reasonable times and places by 24 10
authorized representatives of UGLGs, County, and Department of Housing and Urban Development or any other person authorized by the Act or the Regulations. 16) County Disbursement of Funds.
a. The Treasurer-Tax Collector of the County shall receive and have custody of all funds until disbursal of such funds to be made in a manner designated by the County. County shall, by a date no later than fourteen days after receipt of the current year funding money, notify UGLGs of the manner of disbursal of such funds.
17) Contractual Obligations.
a. It is expressly understood and agreed that, as the applicant to HUD, County must take the full responsibility and assume all obligations of an applicant under the Act and that HUD will look only to the County in this regard. However, County assumes no responsibility nor liability towards UGLGs for any failure to include an UGLG in the application because of an UGLG 's failure to supply County with information necessary to prepare and file the application, or because of UGLG's failure to supply County with such information, upon designated dates, or because of UGLG's failure to comply with the Act and the Regulations. 18) Structure of the Agreement
It is expressly understood and agreed:
a. As the applicant to HUD under the Act, County has sole responsibility for enforcement of the Agreement with UGLGs;
b. UGLGs may enforce the Agreement with the County; and c. UGLGs may not enforce the Agreement on other UGLGs.
19) Indemnification.
a. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the UGLGs and County agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the County and UGLGs agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any performance of obligations required by this Agreement, the Act, Application, Regulations or other applicable laws relating to this Agreement delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officer, board members, employees or agents, under or in connection with or arising out of any performance of obligations required by this Agreement, the Act, Application, Regulations or other applicable laws relating to this Agreement delegated to such other parties under this Agreement. 20) Discretionary Actions.
a. Nothing herein contained shall be construed to prohibit the UGLGs or County from exercising its discretion on any legislative quasi-judicial and/or administrative matter (including but not limited to any action involving zoning of General Plan amendments). Nothing herein shall 25 11
compel the UGLGs or County to take any action on any matter save and except as expressly required in this Agreement. It is understood and agreed that, by this Agreement, neither UGLGs nor County commit or delegate the exercise of any of its police powers in any matter whatsoever save and except as expressly set forth in this Agreement. 21) Timeliness.
a. When any action is required hereunder upon request for action on a document or material furnished by either the County to the UGLGs or the UGLGs to the County, said request for action on a document or material shall be furnished at least seven days prior to the date said action is required to allow sufficient time for the County or UGLGs to review and act on said document or material.
b. Time is of the essence in this Agreement.
22) Amendments.
a. This Agreement may be amended from time to time to incorporate new statutory or regulatory changes to the CDBG program. Any such amendment shall be executed by the officials authorized to execute this Agreement.
23) Severability.
a. Should any part, term, provision of this Agreement be judicially determined to be illegal or in conflict with any law of the State of California or any law of the United States, or should any part, term, or provision of this Agreement be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. 24) Section Headings.
a. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. 25) Notices.
a. Any notice, demand, or communication under, or about, this Agreement between the parties may be served by personal service; by electronic transmission; by facsimile; by mailing the same by certified mail, postage prepaid, return receipt requested; or delivered by express delivery service, return receipt requested; or delivered personally to the principal office of the parties as follows:

If to the County:

County of Monterey
Housing & Community Development
Attention: Director
1441 Schilling Place, 2nd Floor, South
Salinas, CA 93901
(831) 755-5390
(831) 755-5398 facsimile
[email protected]
If to the City of Gonzales:

City of Gonzales
Office of the City Manager
Attention: City Manager
PO Box 647
Gonzales, CA 93926
(831) 675-5000
(831) 675-2644 facsimile
[email protected]
If to the City of Marina
City of Marina
Office of the City Manager
211 Hilcrest Ave.

Marina, CA 93933
(831) 884-1224
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(831) 384-9148 facsimile
[email protected]
If to the City of Greenfield
City of Greenfield
Office of the City Manager
Attention: City Manager
PO Box 127
Greenfield, CA 93927
(831) 674-5591
(831) 674-3149 facsimile
[email protected]
If to the City of Sand City
City of Sand City
Office of the City Administrator
Attention: City Administrator
1 Sylvan Park
Sand City, CA 93955
(831) 394-3054
(831) 394-2472 facsimile
[email protected]
b. Notice shall be deemed satisfied within one (1) business day if provided by personal service, by electronic transmission, or by facsimile. Notice shall be deemed satisfied within three (3) business days if provided by certified mail or by express delivery. Either party may change such address by notifying the other party in writing as to such new address as the party may desire used and which address shall constitute the new address for notice, until further written notice.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

SIGNATURES APPEAR ON THE FOLLOWING PAGES
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COUNTY OF MONTEREY
By:

Sonia De La Rosa,
County Administrative Officer
Date: