Cities Index.
Agenda packet

Seaside City Council
June 6, 2024

Document
Agenda packet
Meeting
June 6, 2024
Body
Seaside City Council
Pages
18
Original file
73.2 MB
Text extracted from the city's file for reading and search. Open the original on seasideca.api.civicclerk.com. That file is the official record.

Figure 1 – Example Rate Impact of Adjustment

BACKGROUND
In 2012, the City, participating with other members of the District, issued a competitive request for proposals for collection services and entered into the new agreement with GWR effective July 1, 2015.

The agreement provides for the following, related to the adjustment of rates:

Rates are to be adjusted annually throughout the term of the agreement, using various inflationary indices, actual tonnage, and changes in the tipping fees at the District, unless either the City or GWR request a CBRA.

The City and GWR may mutually agree upon alternative approaches to structuring rates without amendment to the agreement (Section 8.2.D).

During the CBRA review in RP5, a number of issues surrounding the process for setting rates and the resulting rate relationships amongst sectors and materials was identified. As such, the City and GWR have negotiated an amendment to the prescribed methodology for the CBRA and index adjustments so as to not alter rate relationships between service sectors and material types.

Through negotiations of the amendment, as a result of the desire to maintain current rate relationships between sectors and service levels, the City and GWR have prescribed a uniform rate adjustment to be applied to all sectors.

RATE CALCULATION REVIEW
HF&H Scope of Work
HF&H performed this review of the rate request in accordance with Exhibit E1 (for the index-based rate adjustment). These procedures included:

1. Review of the rate request for completeness and compliance with the procedures contained in Exhibit E1 of the Agreement based on the results of the CBRA.

2. Review for mathematical accuracy and logical consistency to determine that the rate request is mathematically correct, that the rows and columns of numbers add down and across as intended, and that the stated assumptions were, in fact, used. Also, to determine that the rate request is Packet Page 353
Managing Tomorrow’s Resources Today
Kirstin Van Gend
May 2, 2024

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internally consistent and that any summary schedules agree to the supporting schedules and worksheets.

3. Verification of the inclusion of the franchise fee calculation in the adjustment.

4. Verifying contract compliance with regard to:

A. The indices used in the adjustment.

B. The tip fees reported for the disposal/processing components of the rates.

C. The use of quarterly-reported tonnage data and allocations among agencies. A detailed audit of tonnage and allocations of tonnage reported by GWR was not a part of this scope of work.

HF&H discussed GWR’s allocation methodology with them and the methodology appears reasonable and consistent with standard practices within the industry.

D. Any changes in governmental fees on the fee component of the rates; and, the accurate application of the resultant percentage changes in the various rate components to the rate schedule approved by the City through the Agreement.

Review of Rate Request
Rate Period 10 Application
HF&H reviewed the rate application for RP10. The results of the calculation of RP10 per methodology of Exhibit E1 of the amendment can be seen in Figure 2 on the following page.

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Managing Tomorrow’s Resources Today
Kirstin Van Gend
May 2, 2024

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Figure 2 - Application of Index-Based Adjustments to RP10 Packet Page 355
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Kirstin Van Gend
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Review of GWR Costs
There are four major components to GWR’s rate application: 1) calculation and application of the inflationary indexes as prescribed in the Agreement; 2) the disposal and/or processing component; 3) the Agency Fees; and, 4) other one-time adjustments.

There are three indexes used in the index adjustment; CPI, fuel index, and labor index. The annual percent change in each of the indices is used to calculate the coming year’s projected cost for the line items to which these indexes are applied.

HF&H has reviewed and GWR has confirmed the accuracy of each of these indexes, and notes that the fuel index remains unchanged, as reported by management staff at the District.

Review of Disposal/Processing Component
Calendar Year 2023 collected tons were used for the RP10 review in accordance with the amendment.

The disposal and processing components also consider the tipping fees charged by the District in order to project anticipated disposal and processing costs at the District. At the time of this writing, District staff has presented no tip fee increases. The following table describes the changes in the City’s disposal and processing costs for each material type based on the tip fees at the District which have been incorporated into our RP10 review.

Figure 3 - Impact of District Tip Fee Changes
Review of Fee Component
HF&H ensured that the fee component of each rate matches the contractual percentage of 15% for franchise fees, remitted to the City by GWR.

Additionally, rate application review costs and other identified District costs totaling $92,660 were added as a one-time adjustment to cover the rate review, franchise management, and other identified District costs such as staff time and public education and outreach.

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Managing Tomorrow’s Resources Today
Kirstin Van Gend
May 2, 2024

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New Rates
Attached hereto is a table of all new rates recommended for RP10 based on the adjustments described in this memo (Attachment B). HF&H recommends adopting these rates by resolution to be effective July 1, 2024.
* * * * *
We would like to express our appreciation to GWR staff for their assistance and cooperation in this process. Should you have any questions, please call me at (925) 977-6959 or rchilton@hfhconsultants.com.

Sincerely,

HF&H CONSULTANTS, LLC
Rob Hilton Dave Hilton
President Senior Project Manager
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Attachment B - Seaside Rates Effective July 1, 2024
Service Level
Curbside 32 Gallon
Curbside 64 Gallon
Curbside 96 Gallon
Low Income Rate
Senior Rate
Notes:

See Exhibit B1 for specific service availability
Vacation hold charge shall equal 75% of normal rate divided by 4, per week.

Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 32-Gallon Cart $28.66 $63.06 $94.58 $126.11 $157.64 $189.17 64-Gallon Cart $57.38 $126.25 $189.37 $252.49 $315.61 $378.74 96-Gallon Cart $86.05 $189.30 $283.95 $378.60 $473.25 $567.91 1-Cubic Yard Bin $113.47 $244.38 $360.51 $455.99 $569.46 $662.55 2-Cubic Yard Bin $241.72 $450.67 $654.57 $856.80 $1,002.14 $1,345.76 3-Cubic Yard Bin $355.19 $651.91 $902.91 $1,271.09 $1,571.60 $1,939.41 4-Cubic Yard Bin $448.01 $855.18 $1,263.12 $1,670.56 $2,077.91 $2,689.33 6-Cubic Yard Bin $649.25 $1,222.73 $1,931.43 $2,356.12 $3,219.20 $3,863.26 8-Cubic Yard Bin $849.86 $1,659.93 $2,350.81 $3,212.92 $4,221.33 $5,209.02 2-Cubic Yard Compactor $299.86 $566.96 $829.00 $1,089.37 $1,292.84 $1,694.61 3-Cubic Yard Compactor $442.41 $826.34 $1,164.54 $1,653.14 $2,048.79 $2,513.14 4-Cubic Yard Compactor $575.86 $1,110.04 $1,644.99 $2,179.46 $2,713.82 $3,456.43 Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64-Gallon Cart $8.61 $18.94 $28.41 $37.87 $47.34 $56.81 96-Gallon Cart $12.91 $28.40 $42.59 $56.79 $70.99 $85.19 1-Cubic Yard Bin $17.02 $36.66 $54.08 $68.40 $85.42 $99.38 2-Cubic Yard Bin $36.26 $67.60 $98.19 $128.52 $150.32 $201.86 3-Cubic Yard Bin $53.28 $97.79 $135.44 $190.66 $235.74 $290.91 4-Cubic Yard Bin $67.20 $128.28 $189.47 $250.58 $311.69 $403.40 6-Cubic Yard Bin $97.39 $183.41 $289.71 $353.42 $482.88 $579.49 8-Cubic Yard Bin $127.48 $248.99 $352.62 $481.94 $633.20 $781.35 2-Cubic Yard Compactor $14.17 $23.42 $31.92 $40.16 $48.16 $69.33 3-Cubic Yard Compactor $20.14 $31.52 $36.04 $59.32 $71.51 $94.00 4-Cubic Yard Compactor $23.50 $40.74 $58.10 $75.39 $92.66 $141.17 Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64-Gallon Cart $43.04 $94.68 $142.03 $189.37 $236.71 $284.05 96-Gallon Cart $64.53 $141.98 $212.96 $283.95 $354.94 $425.93 1-Cubic Yard Bin $85.10 $183.28 $270.38 $341.99 $427.09 $496.91 2-Cubic Yard Bin $181.29 $338.00 $490.93 $642.60 $751.60 $1,009.32 Commercial/Multi-Family Solid Waste Collection Rates
Frequency
Commercial/Multi-Family Recycling Collection Rates
Frequency
Commercial/Multi-Family Food Waste Collection Rates
Included Included
$12.85 Included Included
$26.67 Included Included
Residential Solid Waste Collection Rates
Solid Waste Recycling Organics
$33.34 Included Included
$40.01 Included Included
Frequency
$21.34
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Attachment B - Seaside Rates Effective July 1, 2024
Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64-Gallon Cart $43.04 $94.68 $142.03 $189.37 $236.71 $284.05 96-Gallon Cart $64.53 $141.98 $212.96 $283.95 $354.94 $425.93 1-Cubic Yard Bin $85.10 $183.28 $270.38 $341.99 $427.09 $496.91 2-Cubic Yard Bin $181.29 $338.00 $490.93 $642.60 $751.60 $1,009.32 3-Cubic Yard Bin $262.96 $482.64 $668.47 $941.06 $1,163.54 $1,435.84 4-Cubic Yard Bin $331.69 $633.14 $935.15 $1,236.80 $1,538.39 $1,991.05 6-Cubic Yard Bin $480.68 $905.25 $1,429.94 $1,744.36 $2,383.34 $2,860.17 8-Cubic Yard Bin $629.20 $1,228.93 $1,740.42 $2,378.69 $3,125.27 $3,856.51 Service Level MSW REC FW YT C&D
10 YD $379.82 $379.82 $379.82 $379.82 $379.82
20 YD $550.78 $550.78 $550.78 $550.78 $550.78
30 YD $721.74 $721.74 $721.74 $721.74 $721.74
40 YD $892.70 $892.70 $892.70 $892.70 $892.70
31-40 YD R.O. Compactor $2,405.83 n/a n/a n/a n/a
0-30 YD R.O. Compactor $1,359.24 n/a n/a n/a n/a
Per Ton $90.59 $47.06 $75.29 $55.29 $90.59
Service Sector Charge Per Event*
Cart Rental - All Sizes RES
Cart Replacement RES
Re-Delivery or Re-Start RES
Cart Cleaning RES
Non-Scheduled Collection RES
Difficult to Service Cart COM
Difficult to Service Bin COM
Locking Bin COM
Cart Replacement COM
Cart Cleaning COM
Bin Swap- Cleaning or Repainting COM
Bulky - Recycllabe RES/COM
Bulky - Non Recyclable RES/COM
Bulky - Event RES/MFD
Covered Box RO
Driver Time per Hour RO
Dry Run or Relocation RO
Extra Days RO
*Note: Application of fees shall be as described in Franchise Agreement $35.02
$70.03
$84.04
$35.02
$105.05
$28.01
$35.02
$42.02
$105.05
$154.08
$105.05
$4.20
Commercial/Multi-Family Yard Trimmings Collection Rates Frequency
Additional Service Rates
$4.20
$84.04
$35.02
$35.02
$26.61
$1.40
Roll-Off Collection Rates (Per Pull)
Material
Note: All rates are monthly unless stated otherwise.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.D.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: June 6, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE REGEN

MONTEREY AND ITS MEMBER AGENCIES REGARDING COSTS

OF IMPLEMENTING ORGANIC WASTE RECYCLING LAWS

RECOMMENDATION
Adopt a resolution authorizing the City Manager to sign an amendment to the Memorandum of Understanding with ReGen Monterey for assistance with compliance with SB 1383.

BACKGROUND
The State of California passed legislation, known as Senate Bill 1383, California’s ShortLived Climate Pollutants regulation. The regulation has a significant impact on the City, with the goal of reducing organic material being landfilled by 75% by 2025, compared to a 2014 basis. Key SB 1383 requirements are that all residents and businesses subscribe to an organics recycling service (provided through GreenWaste Recovery in the City), a 20% recovery of edible food by 2025 to direct it to beneficial use and thus prevent it from entering the waste stream, that education and outreach to the community on SB 1383 are conducted, to procure recyclable and recovered organic products, and to monitor compliance and conduct enforcement of SB 1383. Regulations took effect, and local program implementation began on January 1, 2022.

In 2021, the Member Agencies determined that it was in their best interest to coordinate their activities related to this legislation. This coordination is being facilitated by the ReGen’s Technical Advisory Committee (TAC) comprised of staff from each Member Agency, the three haulers in the ReGen’s service area (Haulers), and ReGen.

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Item No. 9.D. Page 2 of 3
The Member Agencies determined that ReGen has the expertise and resources necessary to implement shared activities on the Member Agencies’ behalf and requested that ReGen incur costs to provide these activities. The Member Agencies agreed to reimburse ReGen for proportionate shares of certain designated annual costs incurred by ReGen for these activities under a Memorandum of Understanding (MOU) between the ReGen Monterey (AKA Monterey Regional Waste Management District) and its Member Agencies Regarding Assistance with Compliance with California Senate Bill 1383.

The purpose of the MOU is to provide a structure for the Member Agencies to reimburse ReGen Monterey for SB 1383 related activities it performs on behalf of the Member Agencies. The MOU was voluntarily entered into by the Parties for the purpose of facilitating the implementation of SB 1383. The MOU was adopted by the ReGen Monterey Board on June 18, 2021, it was adopted by the Member Agencies soon thereafter, and it became effective July 1, 2021.

Each year ReGen Monterey staff identifies expected expenses associated with jurisdictional compliance of SB 1383 and compiles those expenses in Exhibit A of the SB1383 Shared Costs MOU. Expenses include items such as program administration, public education, monitoring, reporting and edible food recovery capacity building, program administration and outreach. These expenses are then broken down to proportional percentages per population in Exhibit B of the SB 1383 Shared Costs MOU.

The draft FY 24/25 expenses were first presented to the TAC for review, feedback, and consensus. It was then presented to the ReGen Monterey Board of Directors and Member Agencies’ Councils and Boards and was approved on May 24, 2024.

The amendment to Exhibits A and B of the MOU would supersede exhibits covering previous fiscal years and reflect the FY 24/25 Shared Costs regarding compliance with SB 1383 as approved by the ReGen Monterey Board of Directors on May 24, 2024.

The anticipated amended regional cost (Exhibit A) of this item is $197,412.00, and the cost to the City of Seaside (Exhibit B) is $92,660.00. The increase of $18,107.00 from FY 2023/2024 ($74,553.00) is primarily due to the removal of the reduction from ReGen recycling revenues previously included. This reduction was initially included in FY 21/22 as a courtesy by ReGen to offset SB 1383 cost for the jurisdictions. It has slowly been reduced each year due in part to the CalRecycle grant funding jurisdictions receive for SB 1383 activities. This cost is recovered through the Franchise Fees collected from Greenwaste Recovery.

Seaside has been participating in the ReGen Monterey Technical Advisory Committee (TAC), and it is agreed that it is in the City's best interest to coordinate activities related to this legislation. As ReGen has the expertise and resources necessary to implement some of these activities on a regional basis, it is recommended the City approve this Packet Page 361

Item No. 9.D. Page 3 of 3
amendment to Exhibit A & B of the MOU which amends the SB 1383 Shared Costs among member agencies as approved by the ReGen Monterey Board of Directors.

FISCAL IMPACT
The cost of this item is $92,660.00 which has been incorporated into the 2024/2025 Greenwaste Recovery trash rates and is recovered by the City through Franchise Fees.

ATTACHMENTS

1. Resolution

2. MOU with Revised Exhibits A & B for FY 24/25
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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Meeting Date: 6/6/2024
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE A MEMORANDUM OF

UNDERSTANDING BETWEEN REGEN MONTEREY AND ITS MEMBER AGENCIES

REGARDING ASSISTANCE WITH COMPLIANCE WITH CALIFORNIA SENATE BILL 1383
WHEREAS, The State of California has passed legislation, known as Senate Bill 1383, California’s Short-Lived Climate Pollutants regulation. The regulation will have significant impact on the City, with the goal of reducing organic material being landfilled by 75% by 2025, compared to a 2014 basis; and
WHEREAS, the legislation mandates that the City undertake certain activities around the handling of organic waste materials collected within our jurisdiction. The regulation also requires 20% recovery of edible food by 2025 to direct it to a beneficial use and thus prevent it from entering the waste stream; and WHEREAS, regulations took effect, and local program implementation began, on January 1, 2022; and
WHEREAS, in 2021, the Member Agencies determined that it was in their best interest to coordinate their activities related to this legislation. This coordination is being facilitated by ReGen’s Technical Advisory Committee (TAC) comprised of staff from each Member Agency, the three haulers in the ReGen’s service area (Haulers), and ReGen; and WHEREAS, the Member Agencies determined that ReGen has the expertise and resources necessary to implement shared activities on the Member Agencies’ behalf and requested that ReGen incur costs to provide these activities.; and WHEREAS, the Member Agencies have agreed to reimburse ReGen for proportionate shares of certain designated annual costs incurred by ReGen for these activities under a Memorandum of Understanding (MOU) between the Monterey Regional Waste Management District and its Member Agencies Regarding Assistance with Compliance with California Senate Bill 1383.; and
WHEREAS, the purpose of the MOU is to provide a structure for the Member Agencies to reimburse ReGen for SB 1383 related activities it performs on behalf of the Member Agencies. The MOU was voluntarily entered into by the parties for the purpose of facilitating the implementation of SB 1383. The MOU was adopted by the ReGen Board on June 18, 2021, the Member Agencies soon thereafter, and became effective July 1, 2021; and
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WHEREAS, Seaside has been participating in ReGen Monterey’s Technical Advisory Committee (TAC), and it is agreed that it is in our City's best interest to coordinate activities related to this legislation. As ReGen has the expertise and resources necessary to implement some of these activities on a regional bases; and WHEREAS, on June 16, 2022, the City approved the memorandum of understanding between the Monterey regional waste management district and its member agencies regarding assistance with compliance with California Senate Bill 1383.

WHEREAS, an Amendment to Exhibit A (Detailed Activities & Costs FY 2024-2025) and Exhibit B (Member Agencies' Annual Proportionate Shares & Costs FY 2024-2025) to the MOU was adopted by the ReGen Board on May 24, 2024, the Member Agencies soon thereafter, and will become effective July 1, 2024; and WHEREAS, Exhibit A and Exhibit B amend the activities and costs with the anticipated regional cost of $197,412 and the cost to Seaside ratepayers is $92,660.00.

This cost was included in the 2023/2024 Greenwaste Recovery trash rates.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby direct the City of Seaside City Manager to accept and execute on behalf of the City Council, the Amendment to Exhibit A & B of the Memorandum of Understanding between ReGen Monterey and its member agencies regarding assistance with compliance with California Senate Bill 1383.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 6th day of June 2024 by the following vote:

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

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______________________________
Sheri L. Damon, City Attorney
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1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT AND ITS

MEMBER AGENCIES REGARDING ASSISTANCE WITH COMPLIANCE WITH CALIFORNIA SENATE BILL 1383
This Memorandum of Understanding (“MOU”) is made and entered into as of the date of the signatures set forth below by and between the MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT (“District”, “MRWMD”), a California Garbage and Refuse Disposal District, and its member agencies including the cities of CARMEL-BY-THE-SEA, DEL REY OAKS, MARINA, MONTEREY, PACIFIC GROVE, SAND CITY, and SEASIDE; THE PEBBLE BEACH COMMUNITY SERVICES DISTRICT; and THE COUNTY OF MONTEREY (“Member Agencies”). Collectively these entities shall be known herein as “Parties” or individually as a “Party.”
Recitals
A. The State of California has passed legislation, known as Senate Bill 1383, California’s Short-Lived Climate Pollutants regulation. The regulation will have significant impact on each Member Agency, with the goal of reducing organic material being landfilled by 75% by 2025, compared to a 2014 basis. The legislation mandates that Member Agencies undertake certain activities around the handling of organic waste materials collected within their jurisdictions. The regulation also requires 20% recovery of edible food by 2025 to direct it to a beneficial use and thus prevent it from entering the waste stream. Regulations take effect, and local program implementation will begin, on January 1, 2022.

B. The Member Agencies have determined that it is in their best interest to coordinate their activities related to this legislation. This coordination is being facilitated by the District’s Technical Advisory Committee (TAC) comprised of staff from each Member Agency, the three Haulers in the District service area (Haulers), Salinas Valley Recycles (SVR) and MRWMD.

C. The Member Agencies have further determined that the District has the expertise and resources necessary to implement some of these activities on the Member Agencies’ behalf and have now requested that the District incur costs to provide these activities.

D. The Member Agencies have agreed to reimburse the District for proportionate shares of certain designated annual costs incurred by the District for these activities.

E. The form and content of this MOU have been presented to the TAC, and the TAC has recommended it for approval by the Parties
NOW THEREFORE, in consideration of the mutual benefits to be derived by the District and the Member Agencies, and of the promises contained in this MOU, the Parties agree as Packet Page 366
2 follows:

Section 1. Recitals: The recitals set forth above are incorporated into this MOU.

Section 2. Purpose: The purpose of this MOU is to provide a structure for the Member Agencies to reimburse the District for SB 1383 related activities it performs on behalf of the Member Agencies.

Section 3. Voluntary: This MOU is voluntarily entered into by the Parties for the purpose of facilitating the implementation of SB 1383.

Section 4. Term: This MOU shall become effective on the last day of its execution by a Party and shall remain in effect until terminated by the Parties.

Section 5. Scope of Work, Costs & Cost Sharing: The scope of work, and associated costs, are set out in Exhibit A, entitled Detailed Activities and Costs, attached hereto and incorporated herein. Allocation of such costs to the Member Agencies is set out in Exhibit B, entitled Member Agencies’ Annual Proportionate Shares and Costs, attached hereto and incorporated herein. Exhibit C outlines estimated individual Member Agencies’ allocations related to the Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program (OWR1: 2021-22), attached hereto and incorporated herein. Exhibit D defines the estimated annual procurement requirements of organic material and estimated cost per ton of compost for each Member Agency, attached hereto and incorporated herein.

No later than March 1 of each year, and at such other times as directed by the Parties, the TAC shall meet to consider and, if deemed necessary, modify Exhibits A, B, C, and/or D subject to direction from the governing bodies of each Member Agency to its TAC representative.

Section 6. The District Agrees:
(a) District staff will manage activities as identified in Exhibit A, C, and D which activities include contracting with third party vendors when reasonably necessary and paying those vendors for contracted costs.
(b) Two times per year, on dates to be determined by the TAC, District will invoice Member Agencies for each Member Agency’s proportionate share of costs as shown in Exhibit B with each invoice to be fifty percent (50%) of the Member Agency’s share of costs. (c) Upon award of CalRecycle SB 1383 Local Assistance Grant Program funds, the District will invoice Member Agencies for their full allocation of grant funds as shown in Exhibit C. Four times during the grant term, aligned with dates identified by CalRecycle grant Terms & Conditions, the District shall report to Member Agencies a summary of actual grant expenditures and progress toward grant tasks to date.

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3 (d) District will maintain an accounting of activities and expenses and provide reconciliation of payments annually. Material differences between estimated costs and actual incurred costs will result in either: 1) an adjustment made to the final annual payment for each Member Agency, or 2) such cost difference shall be incorporated into the subsequent year cost allocation.
(e) In year one only, in recognition of expected continuation of improved recycling revenues for the District from recyclable material sales, the District will off-set $140,000 of the costs identified in Exhibit A. This off-set is reflected in the cost allocations set out in Exhibit B for FY 2021-22.

Section 7. The Member Agencies Agree:
(a) To reimburse the District for all expenses incurred by the District under this MOU in accordance with each Member Agency’s proportionate share as shown on Exhibit B, C, and D. (b) To make a full-faith effort to cooperate with one another and with the District to achieve the purposes of this MOU by providing information, reviewing information in a timely manner, and informing their respective administration and governing bodies.

Section 8. Termination. Any Party may terminate its participation in this MOU upon giving written notice to the District no later than April 1 of any calendar year during the term of this MOU. Within ten days following a Party’s termination date, such party shall pay District all charges then due and payable and shall pay when determined any additional charges that shall later come due under the MOU, subject to the limits set out in Exhibits A, B, C, and D.

Section 9. General Provisions.
(a) This MOU is binding and for the benefit of the respective successors, heirs, and assigns of each Party and the District; provided however, no Party may assign its respective rights or obligations under this MOU without the prior written consent of the District. (b) This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.
(c) If any provision of this MOU is determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU.
(d) Waiver by the District or any Party to this MOU of any term, condition, or covenant of this MOU will not constitute a waiver of any other term, condition, or covenant.

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4 Waiver by the District or any Party of any breach of the provisions of this MOU will not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU.
(e) This MOU may be executed in any number of counterparts, each of which is an original but all of which taken together will constitute one and the same instrument, provided, however, that such counterparts have been delivered to all parties to this MOU. (f) All parties acknowledge they have been represented, or have had the opportunity to be represented, by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU will be construed according to its fair language. Any ambiguities will be resolved in a collaborative manner by the District and the Parties and must be rectified by amending this MOU.

IN WITNESS WHEREOF, the District and the Parties have caused this MOU to be executed by their duly authorized representatives as of the date of their respective signatures.

MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
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5 CITY OF CARMEL-BY-THE-SEA
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
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6 CITY OF DEL REY OAKS
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
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7 CITY OF MARINA
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
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8 CITY OF MONTEREY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
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9 CITY OF PACIFIC GROVE
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
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10 SAND CITY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
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11 CITY OF SEASIDE
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
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12 PEBBLE BEACH COMMUNITY SERVICES DISTRICT
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
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13 COUNTY OF MONTEREY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
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14 EXHIBIT A

DETAILED ACTIVITIES & COSTS
FY 2024-2025
Scope of Work
The activities related to the implementation of SB 1383 may include contracting and policy development; public education; materials purchasing and distribution; reporting; contamination monitoring; edible food waste recovery; enforcement; procurement; organics processing; rate setting; cost monitoring; and any other related activities the Parties choose to address.

The District will take the lead producing public education campaigns in concert with the alreadyprovided Hauler and/or Member Agency resources. The Member Agencies will be responsible for production and mailing fees associated with outreach. The District will also contract with a vendor to administer contamination monitoring in the form of curbside lid flipping. The District will also provide CalRecycle reporting services to the Member Agencies. In addition, funds will be allocated to food recovery organizations for procurement of refrigerated holding facilities or transport vehicles to support edible food recovery efforts.

Costs
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15 EXHIBIT A

DETAILED ACTIVITIES & COSTS
FY 2024-2025 (CONTINUED)
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16 EXHIBIT B
MEMBER AGENCIES’ ANNUAL PROPORTIONATE SHARES & COSTS*
FY 2024-2025
*Member Agencies’ proportionate costs subject to adjustment annually in accordance with any change in scope and total costs. Costs “with minimums” will be utilized.

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17 EXHIBIT C
MEMBER AGENCIES’ ESTIMATED ALLOCATION OF CALRECYCLE LOCAL ASSISTANCE GRANT PROGRAM FUNDING (OWR1: 2021-22)**
The Member Agencies of Carmel, Del Rey Oaks, Marina, Monterey, Sand City, Seaside, Pacific Grove, and the Pebble Beach Community Services District (PBCSD) join the Local Assistance Grant Program as a regional collaborative project for the implementation of regulation requirements associated with SB 1383, in coordination with other jurisdictions of the Monterey County region to maximize project impact and cost-effectiveness across the countywide area.

This regional grant-funded project will be coordinated through the two local waste management governmental agencies within Monterey County, Monterey Regional Waste Management (MRWMD), and Salinas Valley Solid Waste Authority (SVSWA).

The Member Agencies, along with each of the MRWMD and SVSWA member agencies are applying individually to this grant program using a unified regional project design, budget and implementation approach. All participating jurisdictions’ individual grant funding will be pooled together and expended in a cooperative manner by their agencies’ respective waste districts, MRWMD and SVSWA. The County of Monterey is applying separately and will manage its budget and project implementation independently, in coordination with broader regional planning efforts.

Based on current regional needs and findings to date related to SB 1383 in Monterey County, the following four major components will comprise the principal focus areas of program expenditures under the proposed regional project approach:
1) Grant Management, Tracking & Reporting
2) Agency Procurement Support
3) Edible Food Recovery Implementation and Capacity Building 4) Organics & Edible Food Recovery Education, Outreach and Technical Assistance Each element will be informed by regional coordination through the established MRWMD and SVSWA Technical Advisory Committee forums, Capacity Planning Assessments and related studies completed or in process throughout the region, and new data and information obtained through program implementation trials, stakeholder feedback and best practices as identified.

All expenditures will be incurred jointly, facilitated through each respective waste agency, and tracked and reported by each jurisdiction, based on the percentage of grant funds received by each agency compared to the full funding received collectively by all participating member agencies. CalRecycle, based on per capita calculations, using the Department of Finance’s January 2021 population statistics, estimates jurisdictions’ proportionate grant allocations. A summary of individual and collective agency grant allocations is presented below as Table 1.

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18 Table 1. Thirteen Agency Collaborative Approach Budget Summary ** Working in coordination with the designated CalRecycle grant manager or other agency representatives as appropriate, the region may adjust these proposed expenditure areas, amounts, or priorities, consistent with grant expenditure eligibility requirements, as needed during the course of the grant term based on the needs of the region.

Agencies Estimated
Funding
% of District
Subtotal
% of Region
Total
Waste
District
Carmel-by-the-Sea $20,000 9% 4% MRWMD
Del Rey Oaks $20,000 9% 4% MRWMD
Marina $29,771 14% 6% MRWMD
Monterey $38,247 18% 7% MRWMD
Pacific Grove $21,398 10% 4% MRWMD
Sand City $20,000 9% 4% MRWMD
Seaside $43,151 20% 8% MRWMD
Pebble Beach Community
Services District
$20,000 9% 4% MRWMD
Subtotal (MRWMD): $212,566 100% 41%
Gonzales $20,000 6% 4% SVSWA
Greenfield $25,157 8% 5% SVSWA
King City $20,665 7% 4% SVSWA
Salinas $211,143 68% 40% SVSWA
Soledad $33,095 11% 6% SVSWA
Subtotal (SVSWA): $310,060 100% 59%
TOTAL (13 Agency Regional
Approach): $522,626 100%
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19 EXHIBIT D
MEMBER AGENCIES’ ESTIMATED PROCURMENT REQUIRMENTS

OF ORGANIC MATERIAL
The list below indicates the annual recovered organic waste product procurement targets for each jurisdiction (city, county, or city and county) that will be in effect from January 1, 2022, through December 31, 2026 per CalRecycle.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: June 6, 2024
SUBJECT: APPROVE A ZONING MAP AMENDMENT TO CHANGE THE
ZONING OF 1020 AUTO CENTER PARKWAY (APN: 011-523-
021) FROM AUTOMOTIVE REGIONAL COMMERCIAL (CA) TO
REGIONAL COMMERCIAL (CRG). THE PROJECT IS
CATEGORICALLY EXEMPT (CLASS 32) FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 15332 OF THE CEQA GUIDELINES (FIRST READING)

RECOMMENDATION
Approve ZMA-24-01 to change the Zoning of 1020 Auto Center Parkway from Automotive Regional Commercial (CA) to Regional Commercial (CRG)

BACKGROUND
1020 Auto Center Parkway (Monterey County Assessor's Parcel Number 011-523-021) (hereafter referred to as the "Property") is an approximately 0.61 acre parcel located at the corner of Del Monte Boulevard and La Salle Avenue. The site includes an existing building and a parking lot (although a portion of the parking lot is located on the adjoining property to the east).

The Property is located within the Automotive Regional Commercial (CA) Zoning District. The properties located immediately across Del Monte Blvd as well as the adjacent property located south of the Property are also located in the CA Zoning District, and are occupied by vehicle sales and repair uses. In contrast, the properties located across La Salle Avenue, as well as the adjacent property located east of the Property, are located in the Regional Commercial (CRG) Zoning District and are occupied by motels and a restaurant. The Property and all surrounding properties are Packet Page 385

Item No. 10.A. Page 2 of 2
located within the Employment land use designation in the current General Plan (adopted May 16, 2024), and were located in the Regional Commercial land use designation under the previous General Plan adopted in 2004.

The Property was previously occupied by Monterey Peninsula Power Sports, which sold motorcycles and All-Terrain Vehicles (ATVs). The Property is currently vacant. The CA Zoning District is highly restrictive, allowing only the sale, rental, or repair of automobiles and similar automotive-related uses. General retail uses are not permitted.

The applicant, Jason Zaremba, has an option to purchase the property and desires to change it into an Ace Hardware store. He has submitted an application to change the zoning of the property from CA to CRG. A hardware store would be a Permitted use in the CRG zoning district.

Staff believes that the proposed Zoning Map Amendment is appropriate. Staff notes that the Property sits on the boundary of the CA and CRG districts (see Attachment 2).

Therefore, changing the Zoning would not result in any uses incompatible with the surrounding area. Further, both Zoning Districts would be consistent with the current and previous General Plan, which envision both automotive and non-automotive commercial uses.

On May 29, 2024, the Planning Commission held a Special Meeting to consider this item. The Planning Commission unanimously recommended that the City Council approve the proposed Zoning Map Amendment.

FISCAL IMPACT
This item is not expected to have any fiscal impact.

ATTACHMENTS

1. Attachment 1 Draft Ordinance Zoning Map

2. Attachment 2 Proposed Zoning Map Amendment
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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1 ORDINANCE NO. _________

AN ORDINANCE OF THE CITY OF SEASIDE APPROVING A ZONING MAP AMENDMENT TO CHANGE THE ZONING OF 1020 AUTO CENTER PARKWAY (ASSESSOR’S PARCEL NUMBER 011-523-021-000) FROM AUTOMOTIVE

REGIONAL COMMERCIAL (CA) TO REGIONAL COMMERCIAL (CRG)
WHEREAS, Monterey County Assessor’s Parcel Number (APN) 011-523-021-000, also known as 1020 Auto Center Parkway, is a parcel of land approximately 0.61 acres in size located at the northwest corner of Del Monte Boulevard and La Salle Avenue (hereafter referred to as the “Property”); and
WHEREAS, the Property is presently identified in the Seaside General Plan, adopted May 16, 2024, as being within the Employment land use designation, and is identified in the Zoning Map as being within the Automotive Regional Commercial (CA) Zoning District; and
WHEREAS, Jason Zaremba has submitted an application for a Zoning Map Amendment to change the Zoning District from the CA District to the Regional Commercial (CRG) Zoning District; and
WHEREAS, the Property is located immediately adjacent to and directly across the street from other parcels located in the CRG Zoning District, and therefore would be compatible with the surrounding uses; and
WHEREAS, both the CA and CRG Zoning Districts are consistent with the current Employment land use designation; and
WHEREAS, the Zoning Map Amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines; and
WHEREAS, on May 29, 2024, the Seaside Planning Commission reviewed the proposed Zoning Map Amendment and recommended that the City Council approve the proposed amendment.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEASIDE:

SECTION 1. The City Council hereby finds and determines the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. The Seaside Zoning Map is hereby amended to change the Zoning District of the Property from Automotive Regional Commercial (CA) to Regional Commercial (CRG).

SECTION 3. The City Council hereby finds the proposed Zoning Map Amendment Categorically Exempt from CEQA pursuant to Section 15332 of the CEQA Guidelines (InFill Development Projects).

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2 SECTION 4. If any provision, section, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 5. This Ordinance shall become effective thirty days following adoption.

INTRODUCED at a regular meeting of the City Council of the City of Seaside, State of California, held on the 6th day of June 2024.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, held on the XX day of XXXXXX 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

Ian N. Oglesby, Mayor
ATTEST:

Dominique L. Davis, City Clerk
APPROVED AS TO FORM:

Packet Page 388
3 Sheri L. Damon,
City Attorney
Packet Page 389
Zoning Map Amendment ZMA-24-01
Existing Zoning Districts and Proposed Change
Sand City
Commercial
Mixed Use
(CMX)
Automotive
Regional
Commercial (CA)
Regional
Commercial (CRG)
Change from
CA to CRG
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Haroon Noori, Administrative Analyst II
DATE: June 6, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING THE 2024-2025 ANNUAL

ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK

GRANT PROGRAM

RECOMMENDATION
Adopt a resolution in order to:

1. Approve the FY2024-2025 Annual Action Plan including the contingency provisions;

2. Authorize the City Manager, or the City Manager’s designee, as the official representative to sign all certifications and assurances, and sub-agent agreements for the use of funds approved in the FY2024-2025 Annual Action Plan; and

3. Authorize the City Manager to submit the FY2024-2025 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) on or before July 5, 2024.

BACKGROUND
Each year, the City of Seaside (City) receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD).

The City announces the availability of CDBG program funds, the terms and conditions of awards, and requirements for the submittal of applications through a Notice of Funding Availability (NOFA). While the City receives CDBG funds on an annual basis, it operates the CDBG program under a two-year application and funding request cycle.

On December 1, 2023, the City issued a biennial Notice of Funding Availability (NOFA) to solicit applications for awards of CDBG funds for fiscal years 2024-2025 and 2025- 2026. The NOFA was also published in the Monterey County Weekly on November 30, 2023. A mandatory pre-proposal conference was also conducted on December 13, 2023, to assist applicants with program regulations and project eligibility questions.

Packet Page 391

Item No. 10.B. Page 2 of 6
In response to the 2024-26 NOFA, the City received 6 public service and 3 capital improvement project applications which were carefully reviewed by staff and the Community Development Advisory Committee (CDAC). Applications were then forwarded to the City Council for further consideration. A summary of the applications received and requested amounts is provided in the table below:

Agency Name Program/Project FY24/25 FY25/26
Greater Victory Temple Afterschool Program 15,000 15,000 Legal Services for Seniors Legal Services for Seniors 15,000 15,000 Meals on Wheels of Monterey
Peninsula
Home Delivered Meals 12,000 12,000
Eden Council for Hope and
Opportunity
Fair Housing Services 13,625 13,625
Gathering for Women -
Monterey
Case Management 15,000 15,000
Girls Inc of the Central Coastal Afterschool Program 15,000 15,000 Public Services Subtotal 85,625 85,625
City of Seaside Engineering
Department
San Pablo Pedestrian Bridge 350,000 350,000
Community Human Services Family Service Center/Casa de
Noche Buena facility
improvements
40,000 40,000
Boys and Girls Clubs of
Monterey County
Seaside Clubhouse
improvements
50,000 50,000
Public Facilities/Infrastructure Subtotal 440,000 440,000 City of Seaside CDBG Administration/Planning 75,000 55,000 GRAND TOTAL 600,625 580,625

DISCUSSION
On April 4, 2024, the City Council considered CDAC’s funding recommendations and approved CDBG funding allocations for fiscal year 2024-25 and fiscal year 2025-26 as follows.

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Item No. 10.B. Page 3 of 6
Agency Name Program/Project FY24/25 FY25/26
Greater Victory Temple Afterschool Program 11,273 10,850 Legal Services for Seniors Legal Services for Seniors 11,273 10,850 Meals on Wheels of Monterey
Peninsula
Home Delivered Meals 11,273 10,850
Eden Council for Hope and
Opportunity
Fair Housing Services 11,273 10,850
Gathering for Women -
Monterey
Case Management 11,273 10,850
Girls Inc of the Central Coastal Afterschool Program 11,273 10,850 Public Services Subtotal 67,635 65,100
City of Seaside Engineering
Department
San Pablo Pedestrian Bridge 340,000 240,000
Community Human Services Family Service Center/Casa de
Noche Buena facility
improvements
40,000 40,000
Boys and Girls Clubs of
Monterey County
Seaside Clubhouse
improvements
50,000 50,000
Public Facilities/Infrastructure Subtotal 430,000 330,000 City of Seaside CDBG Administration/Planning 75,372 38,900 GRAND TOTAL 573,007 434,000
The City Council approved the above allocations based on the following estimated/anticipated amounts of funding.

Anticipated Available Funding Year 1 Year 2
Anticipated CDBG Allocation $346,000 $332,000
Anticipated Program Income $104,900 $102,000
CDBG Funds Available from Previous Years $100,378 -
Program Income Available from Previous Years $21,729 -
FUNDING TOTAL $573,007 $434,000
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Item No. 10.B. Page 4 of 6
At the April 4th meeting, the City Council approved a contingency plan (pursuant to HUD guidance in CDP Notice 2024-01) to proportionally increase or decrease funding allocations in the event of a decrease or increase in the CDBG annual allocation.

On May 8, 2024, HUD released the FY24/25 CDBG Allocations. The City of Seaside now anticipates receiving $327,373 ($21,273 less than projected) in CDBG funds in FY24/25.

Considering the reduced CDBG funding allocation and based on the City Council direction from the April 4th meeting, City staff have revised funding allocations for FY24/25 as follows:

Agency Name Program/Project FY24/25 FY25/26
Greater Victory Temple Afterschool Program 10,800 10,850 Legal Services for Seniors Legal Services for Seniors 10,800 10,850 Meals on Wheels of Monterey
Peninsula
Home Delivered Meals 10,800 10,850
Eden Council for Hope and
Opportunity
Fair Housing Services 10,800 10,850
Gathering for Women -
Monterey
Case Management 10,800 10,850
Girls Inc of the Central Coastal Afterschool Program 10,800 10,850 Public Services Subtotal 64,800 65,100
City of Seaside Engineering
Department
San Pablo Pedestrian Bridge 340,000 240,000
Community Human Services Family Service Center/Casa de
Noche Buena facility
improvements
40,000 40,000
Boys and Girls Clubs of
Monterey County
Seaside Clubhouse
improvements
50,000 50,000
Public Facilities/Infrastructure Subtotal 430,000 330,000 City of Seaside CDBG Administration/Planning 59,580 38,900 GRAND TOTAL 554,380 434,000
CITIZEN PARTICIPATION AND PUBLIC OUTREACH:

On April 4, 2024, the City Council authorized staff to draft the Fiscal Year 2024-2025 Annual Action Plan and to make it available for public review and comment for a period of 30 days. The draft FY2024-25 Annual Action Plan was posted on the CDBG Program Packet Page 394

Item No. 10.B. Page 5 of 6
webpage on April 8, 2024 for public review. A Public Notice (in English and Spanish) regarding the proposed FY2024-25 Annual Action Plan was also circulated in the Monterey County Weekly on April 4, 2024. The City allowed for a 30-day public comment period which began on Monday, April 8, 2024 and ended on Tuesday, May 7, 2024. Any public comments received during the 30-day public review period or at the public hearing will be incorporated into the FY2024-25 Annual Action Plan and submitted to HUD.

The Annual Action Plan represents the City’s formal annual grant application to HUD pursuant to receipt of CDBG funds. Normally, HUD requires submittal of the AAP no later than 45 days prior to the start of the program year, or May 15th of every year.

However, HUD will allow late submission (on or before July 5, 2024) of the APP this year due to the delay in FY2024 appropriations.

ENVIRONMENTAL REVIEW
For purposes of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), budgeting in itself is not a project. Prior to commitment or release of funds for each of the proposed projects, staff will carry out the required environmental reviews or assessments and certify that the review procedures under CEQA, HUD and NEPA regulations have been satisfied for each particular project.

FISCAL IMPACT
HUD allows entitlement grantees to allocate up to 20% of the annual grant and program income toward program administration which may include staff salaries and benefits, legal noticing fees, consultant and other indirect costs.

During the 2022-2024 funding cycle, the City Council allocated approximately $51,000 and $45,000 to CDBG program administration in FY22/23 and FY23/24 respectively.

These amounts represented approximately half the amount the City could have allocated to CDBG program administration. In FY22/23, the City expended approximately $57,000, and is on track to spend a similar amount in the current fiscal year.

City staff anticipates increased program administration costs in FY24/25 due to additional consultant services needed to assist with the planning and development of the Analysis of Impediments to Fair Housing and the next 5-year CDBG Consolidated Plan. In FY24/25, City staff anticipates approximately $75,000 in CDBG program expenditures.

City staff recommends the City Council consider allocating approximately $70,000 in FY24/25 and $54,000 in FY25/26 to CDBG program administration. This will help ensure CDBG program costs are not subsidized by General Fund monies.

Packet Page 395

Item No. 10.B. Page 6 of 6

ATTACHMENTS

1. Resolution - FY2024-25 CDBG Annual Action Plan

2. Exhibit "A" - Draft 2024-2025 Annual Action Plan

3. Assurances - Construction Programs SF-424D

4. Application for Federal Assistance SF-424

5. CDBG Certifications for Entitlement Grantees

6. CPD Notice 2024-01 - FY24-25 Submittal Guidance
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 396
Meeting Date: 6/6/24
Item #: 10.B.

RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE 2024-2025 ANNUAL ACTION PLAN FOR THE

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
WHEREAS, Title 1 of the National Affordable Housing Act requires recipients of Federal funds from the Department of Housing and Urban Development (HUD) to develop a Five -Year Consolidated and related Annual Action Plans; and
WHEREAS, the City of Seaside as a recipient of Community Development Block Grant (CDBG) funds, has an approved 2020-2024 FiveYear Consolidated Plan; and WHEREAS, the City of Seaside operates its CDBG program under a two-year application and funding cycle; and
WHEREAS, on December 1, 2023, the City posted and published a Notice of Funding Availability (NOFA); and
WHEREAS, on December 13, 2023, held a Mandatory CDBG Funding Workshop for the 2024-2026 funding cycle; and
WHEREAS, on January 10, 2024, the City received six public services applications and three public facilities and infrastructure applications; and WHEREAS, on February 8, 2024 and March 6, 2024, the Community Development Advisory Committee (CDAC) convened public meetings to discuss applications and recommend funding allocations to the City Council; and
WHEREAS, on April 4, 2024, the City Council considered the recommendations of CDAC, approved funding allocations for projects and activities for a two-year cycle covering both program years 2024-25 and 2025-26 and authorized staff to draft the 2024-2025 Annual Action Plan and release for public review and comment for a period of 30 days; and WHEREAS, on April 8, 2024, the City posted the draft 2024-2025 Annual Action Plan on the CDBG Program webpage, and on April 4, 2024 circulated a notice of public review and comment; and
WHEREAS, the City allowed for a 30-day public review and comment period from April 8, 2024 to May 7, 2024; and
WHEREAS, the 2024-2025 Annual Action Plan encapsulates the fifth Packet Page 397
Meeting Date: 6/6/24
Item #: 10.B.
year of the 2020-2024 Consolidated Plan and has been prepared to implement the strategies contained in the Five-Year Consolidated Plan; and WHEREAS, on June 6, 2024, the City held a public hearing and approved the 2024-2025 Annual Action Plan; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Seaside that the 2024-2025 Annual Action Plan for the Community Development Block Grant Program covering the designated periods, marked “Exhibit A” and made a part hereof, is hereby approved with authorization to update according to the contingency provisions, and that the City Manager is hereby authorized to sign the Application for Federal Assistance (SF-424), all certifications, assurances and other documents as may be required by HUD at least 45 days before the start of the program year (i.e. on or by July 5, 2024), or as otherwise allowed or required by HUD. The 2024-2025 Seaside City Budget should include the actual allocations as well as any previous year’s CDBG funding still available for expenditure via encumberment.

APPROVED AND ADOPTED by the City Council of the City of Seaside at a regular meeting duly held on the 6
th day of June 2024 by the following vote:

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

Exhibit “A” – Annual Action Plan
Packet Page 398

CITY OF SEASIDE

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
DRAFT 2024-2025 ANNUAL ACTION PLAN
Public Comment Period: April 8– May 7, 2024
Submit Comments to [email protected]
Prepared by:

Community Development Department
440 Harcourt Ave, Seaside, CA 93955
(831) 899-6726
Packet Page 399
FY2024-2025 Annual Action Plan City of Seaside 2
Table of Contents
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ..................................................... 3 PR-05 Lead & Responsible Agencies – 91.200(b) .................................................................. 7 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ............................................................... 8 AP-12 Participation – 91.105, 91.200(c)..............................................................................21 AP-15 Expected Resources – 91.220(c)(1,2)........................................................................44 AP-20 Annual Goals and Objectives ....................................................................................46 AP-35 Projects – 91.220(d)................................................................................................48 AP-38 Project Summary.....................................................................................................49 AP-50 Geographic Distribution – 91.220(f) ..........................................................................54 AP-55 Affordable Housing – 91.220(g)................................................................................55 AP-60 Public Housing – 91.220(h) ......................................................................................56 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................57 AP-75 Barriers to affordable housing – 91.220(j) .................................................................60 AP-85 Other Actions – 91.220(k)........................................................................................61 AP-90 Program Specific Requirements – 91.220(l)(1,2,4)......................................................63 Packet Page 400
FY2024-2025 Annual Action Plan City of Seaside 3
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Seaside is a recipient of federal Community Development Block Grant funding and is a designated Entitlement City. As required under U.S. Department of Housing and Urban Development (HUD) regulations, the City of Seaside has prepared its Fiscal Year 2024-2025 Annual Action Plan for its community development programs (FY24-25 Action Plan). The FY24- 25 Action Plan, which covers the period of July 1, 2024 through June 30, 2025, encapsulates the fifth year of the 2020–2024 Consolidated Plan. The FY24-25 Action Plan for the City of Seaside satisfies federal requirements to receive Community Development Block Grant (CDBG) funds from HUD for Fiscal Year 2024-2025 (FY24-25).

The FY24-25 Action Plan describes the projects and activities that the City of Seaside is proposing to undertake utilizing funds made available by HUD under the CDBG program. The plan also describes community development projects and activities that will be implemented utilizing federal and non-federal funding sources.

In FY24-25, the City anticipates receiving approximately $348,646 in fiscal year 2024-2025 in CDBG funds from the U.S. Department of Housing and Urban Development (HUD). The City has also received $104,900 in program income, which will be available for allocation during FY24-25.

Additionally, the City will have $100,378 in CDBG funds and $21,729 in program available from prior program years.

The CDBG program operates under a two-year funding request cycle. This funding cycle represents the City’s fifth operating year of the 2020-24 Consolidated Plan, and first operating year of the 2025-2029 Consolidated Plan which will be planned and developed in 2024. A Notice of Funding Availability (NOFA) was issued on December 1, 2023, to solicit applications for awards of CDBG funds for fiscal years 2024-2025 and 2025-2026. The NOFA was also published in the Monterey County Weekly on November 30, 2023. A mandatory pre-proposal conference was also conducted on December 13, 2023, to assist applicants with program regulations and project eligibility questions.

In response to the 2024-26 NOFA, the City received 6 public service and 3 public facilities and infrastructure project applications. Following CDBG staff screening of applications, the City’s Community Development Advisory Committee (CDAC) held two (2) separate meetings to review and discuss received applications and recommend funding allocations to the City Council. On April 4, 2024, the City of Seaside City Council met to consider and approve FY24-25 funding allocations as follows:

Public Facilities and Infrastructure
1 Boys and Girls Club Seaside Clubhouse improvements $50,000 2 Community Human Services Family Service Center Improvements $40,000 Packet Page 401
FY2024-2025 Annual Action Plan City of Seaside 4
3 City of Seaside, Engineering
Department
San Pablo Pedestrian Bridge
Reconstruction
$340,000
Subtotal $430,000
Public Services (capped at 15%)
1 Legal Services for Seniors Legal services for seniors $11,273 2 Greater Victory Temple After school tutoring program $11,273 3 Girls Inc of Central Coast Youth services $11,273
4 Meals On Wheels of Monterey Peninsula Home delivered meals program $11,273 5 Gathering for Women Monterey Case management $11,273
6 Eden Council for Hope and Opportunity Fair housing services $11,273 Subtotal $67,635
CDBG Program Planning and Administration (capped at 20%) 1 City of Seaside CDBG Planning and Administration $75,372 Grant Total $573,007

CONTINGENCY PLAN
The City will follow the following contingency plan in the event of a decrease or increase in actual CDBG allocation: all proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.

2. Summarize the objectives and outcomes identified in the Plan The five-year CDBG program objectives identified in the 2020-2024 Consolidated Plan are summarized below. FY24-25 objectives and outcomes are described in the “Annual Goals and Objectives” section of this document.
• Access to community and social services
• Improve accessibility to persons with disabilities
• Provide quality facilities and infrastructure
• Promote beautification
• Assist microbusinesses
• Prevent, prepare for, and respond to the coronavirus pandemic

3. Evaluation of past performance
Each year, the City is required to submit a Consolidated Annual Performance Evaluation Report (CAPER) to HUD, which reports on the activities that were funded with CDBG funds. The CAPER reports the amount spent on each project activity and the number of beneficiaries assisted. The City has submitted the required reports each year, and HUD has accepted the reports each year.

The City of Seaside evaluates past performance and makes adjustments as needed to better serve the needs of the community. Additionally, all projects funded with CDBG funds are subject to annual monitoring to ensure compliance with HUD standards.

Year-end totals are not available for FY23-24; therefore, FY22-23 will be the primary source used to evaluate past performance.

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In FY 2022-23, which began on July 1, 2022 and ended on June 30, 2023, the City of Seaside received $356,647.00 in CDBG allocation and $102,920.00 in program income for a total of $459,567.00. The City also had additional funds carried over from previous program years.

Consistent with the strategic goals and priorities of the 2020-2024 Consolidated Plan and the 2022-23 Annual Action Plan (AAP), the City carefully evaluated and determined its community and housing needs. The City collaborated with local non-profits to carry out various projects and activities, which benefitted over 2,522 low- and moderate-income Seaside residents. Detailed summary of the FY2021-22 activities and accomplishments is included in the FY2022-23 CAPER, which is available at www.ci.seaside.ca.us/CDBG.

4. Summary of Citizen Participation Process and consultation process The City of Seaside has embraced a comprehensive Citizen Participation and consultation process that includes broad participation from the community. At each step in the process, the City ensures that low-and-moderate-income residents, members of minority groups, agencies involved in the provision of services to these populations, and others who are directly impacted by the programs and projects supported by the Consolidated Plan programs are actively involved. The Community and Economic Development Department staff conducted extensive outreach to engage a wide range of agencies, groups, organizations, and residents in the process of developing the 2020-2024 Five-Year Consolidated Plan and the 2024-26 funding cycle. This process included widespread public participation and input through postcards, workshops, community meetings, and public hearings. A comprehensive narrative and timeline of the Citizen Participation and Consultation processes are described in the subsequent sections of the document.

A draft of the FY24-25 Action Plan was publicized and made available for public comment for a 30-day public comment period that began on April 8, 2024 and will conclude on May 7, 2024. A public notice (in English and Spanish) was also circulated in the Monterey County Weekly to inform the public regarding the proposed FY24-25 Action Plan, the corresponding public review period, and City Council public hearing. The City will accept and consider all comments and submit to HUD. A summary of the public comments will be included in this document after the 30-day public review period has concluded.

5. Summary of public comments
This section will be completed once the 30-day public review period has concluded.

6. Summary of comments or views not accepted and the reasons for not accepting them
This section will be completed once the 30-day public review period has concluded.

7. Summary
Each year, the City of Seaside is required to prepare an Annual Action Plan specifying how resources will be allocated to address the priorities established in the Consolidated Plan. The Packet Page 403
FY2024-2025 Annual Action Plan City of Seaside 6
2024-2025 Annual Action Plan addresses three Strategic Plan Goals from the 2020-2024 Consolidated Plan by allocating approximately $573,007 of CDBG funds to projects and activities to be implemented from July 1, 2024 to June 30, 2025.

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Grantee City of Seaside Community Development
Table 1 – Responsible Agencies
Narrative (optional)
The City of Seaside Community Development division serves as the lead agency for the administration of CDBG funds.

Consolidated Plan Public Contact Information
Haroon Noori, Administrative Analyst II
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
(831) 899-6726
[email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City contacts and consults with public agencies, private agencies and city residents to get a better understanding of community needs for the plan year during the development of the FY 2024-25 Action Plan. For the Action Plan, the city consulted with the entities that are identified in the following sections.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of Seaside works collaboratively in all of its housing and community development efforts with other local governments, nonprofits, advocacy groups, and citizens. This collaboration takes place through the City’s cooperation with the Monterey County Continuum of Care (CoC) lead agency Coalition of Homeless Services Providers (CHSP), planning processes such as the City’s Housing Element and Consolidated Plan, and the CoC 5-Year Strategy to End Homelessness.

Additionally, the City consulted a variety of agencies, including local and regional nonprofits, government organizations, faith-based organizations, and other organizations involved in the development of affordable housing, creation of job opportunities for low- and moderate-income residents, and/or provision of services to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. To facilitate this consultation, the City solicited feedback through the following methods:
• Individual stakeholder consultations
• Community meetings
• Public hearings
• Receipt of written comments
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City also intends to strengthen its collaboration with the Coalition of Homeless Services Providers (CHSP), which is the primary nonprofit organization for homeless support in Monterey and San Benito Counties. CHSP is a coalition of 11 service provider agencies for homeless persons, persons with AIDS/HIV, and other persons with special needs. The Coalition is the County’s designated Continuum of Care (CoC) Coordinator.

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actions to expand homeless services and provide supportive housing opportunities to elderly persons, disabled veterans, and other persons with special needs. Some of the specific strategies the City’s Homeless Commission and City staff have implemented include:
 Collaborative engagement with homeless persons during outreach efforts and campaigns to assess needs
o Encampments, Mobile Crisis Response, Vaccine Clinics, Food Distribution Sites  Participation in local and County meetings in which some homeless individuals attend for opportunities to advocate for needs if accessibility is possible The City continues its partnership with the Community Human Services and Gathering for Women, which provide transitional and permanent housing to homeless. Additionally, the City recruited a full time Family & Community Support Practitioner who seeks out homeless individuals and families to provide outreach services, which include connecting clients with immediate resources such as mental health services, general health services, substance abuse services, income services, identification documents and other documents necessary to help homeless persons meet the ultimate goal of finding shelter and housing.

In program year 2024, the City will provide public service funding to Gathering for Women for case management. Gathering for Women provides homeless women with supportive resources and a caring community.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Seaside does not receive ESG funds from HUD. The City relies on the County of Monterey and nonprofit groups to perform these social service functions.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Community Partnership for Youth Agency/Group/Organization Type Services-Children
What section of the Plan was
addressed by Consultation?
Homeless Needs - Families with children
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Community Partnership for Youth (CPY) was
consulted to understand the needs of children
and youth in Seaside. This included an
estimate of the number of youth in need of
services. The City will strive to work with CPY
to make after-school enrichment programs
available for children and youth. CPY has
participated in the CDAC's Community Needs
Workshop and NOFA potential applicant
meetings
2 Agency/Group/Organization Salvation Army Monterey Peninsula Corps Agency/Group/Organization Type Services-Victims of Domestic Violence Services-homeless
Regional organization
What section of the Plan was
addressed by Consultation?
Homelessness Strategy
Homeless Needs - Families with children
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Salvation Army was consulted to
understand the needs of their transitional
housing program in Seaside and services they
provide. This included an estimate of the
number of families in need of services
including financial counseling. The Salvation
Army has participated in the CDAC's
Community Needs Workshop and NOFA
potential applicant meetings. They are a
previous Seaside CDBG subrecipient and did
not apply for funding for the upcoming AAP
cycle.
3 Agency/Group/Organization ACTION COUNCIL OF MONTEREY COUNTY Agency/Group/Organization Type Services-Children
Services-Education
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
Market Analysis
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Action Council of Monterey County/Palenke
Arts program was consulted to understand the
needs of children and youth in Seaside. This
included an estimate of the number of youth in
need of services provided in their multi-cultural
arts programs . The City will strive to work with
Palenke Arts to make after-school enrichment
programs available for children and youth.

Palenke Arts has participated in the CDAC's
Community Needs Workshop and NOFA
potential applicant meetings
4 Agency/Group/Organization Meals on Wheels of the Monterey Peninsula Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Meals on Wheels (MOW) was consulted to
understand the needs of homebound elderly
frail seniors in Seaside. This included an
estimate of the number of youth in need of
services. The City will strive to work with MOW
to make meal delivery programs available for
homebound Seaside residents. MOW has
participated in the CDAC's Community Needs
Workshop and NOFA potential applicant
meetings
5 Agency/Group/Organization Legal Services for Seniors
Agency/Group/Organization Type Services-Elderly Persons Services - Victims
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Legal Services for Seniors (LSS) was consulted
to understand the needs of seniors desiring
legal assistance in Seaside. This included an
estimate of the number of seniors in need of
services. The City will strive to work with LSS
senior legal programs available. LSS has
participated in the CDAC's Community Needs
Workshop and NOFA potential applicant
meetings
6 Agency/Group/Organization Eden Housing for Council for Hope and Opportunity (ECHO)
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Eden Housing Council for Hope and
Opportunity (ECHO) was consulted to
understand the needs of fair housing in
Seaside. This included an estimate of the
number of residents in need of fair housing or
tenant/landlord services. The City will strive to
work with ECHO to make fair housing
programs available. CPY has participated in the
CDAC's Community Needs Workshop and NOFA
potential applicant meetings and Analysis of
Impediments to Fair Housing outreach
sessions.
7 Agency/Group/Organization Girls Inc. of the Central Coast Agency/Group/Organization Type Services-Children
Services-Education
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Girls, Inc. was consulted to understand the
needs of children and youth in Seaside. This
included an estimate of the number of youth in
need of services. The City will strive to work
with Girls, Inc. to make after-school
enrichment programs available for children and
youth. Girls, Inc. has participated in the CDAC's
Community Needs Workshop and NOFA
potential applicant meetings
8 Agency/Group/Organization Greater Victory Temple Church of God in Christ Agency/Group/Organization Type Services-Children
Services-homeless
Services-Education
What section of the Plan was
addressed by Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Greater Victory Temple (GVT) was consulted to
understand the needs of children, and families
in need in Seaside. This included an estimate
of the number of persons in need of services.

The City will strive to work with GVT to make
after-school programs available for youth and
their families including some that may be
experiencing homelessness. GVT has
participated in the CDAC's Community Needs
Workshop and NOFA potential applicant
meetings
9 Agency/Group/Organization The Village Project, Inc.

Agency/Group/Organization Type Services-Children
Services-Education
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Village Project (TVP) was consulted to
understand the needs of children and youth in
Seaside. This included an estimate of the
number of youth in need of services. The City
will strive to work with TVP to make afterschool enrichment programs available for children and youth. TVP has participated in the
CDAC's Community Needs Workshop and NOFA
potential applicant meetings
10 Agency/Group/Organization Boys and Girls Club of Monterey County Agency/Group/Organization Type Services-Children
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Boys and Girls Club was consulted to
understand the needs of children and youth in
Seaside. This included an estimate of the
number of youth in need of services. The City
will strive to work with the Boys and Girls Club
to make programs available for children and
youth and coordinates activities with adjoining
Cutino Park. The Boys and Girls Club has
participated in the CDAC's Community Needs
Workshop and NOFA potential applicant
meetings
11 Agency/Group/Organization Community Human Services
Agency/Group/Organization Type Services-Persons with HIV/AIDS Services-homeless
Services-Health
What section of the Plan was
addressed by Consultation?
Homeless Needs - Families with children
Non-Homeless Special Needs
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Community Human Services (CHS) was
consulted to understand the needs of persons
experiencing substance abuse and
homelessness in Seaside. This included an
estimate of the number of persons in need of
services. The City will strive to work with CHS
to make facilities and programs available for
persons experiencing these special needs. CHS
has participated in the CDAC's Community
Needs Workshop and NOFA potential applicant
meetings
12 Agency/Group/Organization Veterans Transition Center Agency/Group/Organization Type Services-Persons with Disabilities Services-homeless
Regional organization
What section of the Plan was
addressed by Consultation?
Homelessness Needs - Veterans
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Community Partnership for Youth (VTC) was
consulted to understand the needs of veterans
in Seaside. This included an estimate of the
number of veterans in need of services. The
City will strive to work with VTC to make
housing available for homeless veterans. VTC
has participated in the CDAC's Community
Needs Workshop and NOFA potential applicant
meetings.
13 Agency/Group/Organization County of Monterey
Agency/Group/Organization Type Other government - County What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Public Housing Needs
Market Analysis
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The City partnered with Monterey County
(Urban County) to prepare a joint Analysis of
Impediments. Collaboration included
conference calls, meetings and outreach
events.

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14 Agency/Group/Organization City of Salinas
Agency/Group/Organization Type Other government - Local Planning organization
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The City partnered with the City of Salinas to
prepare a joint Analysis of Impediments.

Collaboration included conference calls,
meetings and outreach events.
15 Agency/Group/Organization City of Monterey
Agency/Group/Organization Type Other government - Local Planning organization
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The City partnered with Monterey to prepare a
joint Analysis of Impediments. Collaboration
included conference calls, meetings and
outreach events.
16 Agency/Group/Organization Alliance on Aging
Agency/Group/Organization Type Services-Elderly Persons Regional organization
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Alliance on Aging has participated in CDAC
workshops and indicated a need for services
for seniors.

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17 Agency/Group/Organization SUN STREET CENTERS
Agency/Group/Organization Type Services-Persons with HIV/AIDS Services-homeless
Services-Health
What section of the Plan was
addressed by Consultation?
Homelessness Strategy
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Sun Street Centers has participated in CDAC
workshops and indicated a need for substance
abuse treatment services and associated
homeless/employment challenges.
19 Agency/Group/Organization Monterey Peninsula Unified School District Agency/Group/Organization Type Services-Education
Regional organization
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Monterey Peninsula Unified School District
(MPUSD) was consulted to understand the
needs of persons experiencing educational
challenges in Seaside, particularly with the
adult school. This included an estimate of the
number of persons in need of services. The
City will strive to work with MPUSD to make
facilities and programs available for persons
experiencing these special needs. MPUSD has
participated in the CDAC's Community Needs
Workshop, many Seaside Creates community
outreach events and NOFA potential applicant
meetings
20 Agency/Group/Organization Monterey Peninsula Chamber of Commerce Agency/Group/Organization Type Business Leaders
Business and Civic Leaders
What section of the Plan was
addressed by Consultation?
Economic Development
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Several teams of participants canvassed
Seaside Businesses on November 8, 2019 as
part of the Chamber's Business Walk. The
short in-person survey was able to reach many
businesses at their own facility and check in
with them, finding their needs and promoting
community good will. Many businesses
surveyed were non-English speakers.
21 Agency/Group/Organization Gathering for Women
Agency/Group/Organization Type Services-Victims of Domestic Violence Services-homeless
What section of the Plan was
addressed by Consultation?
Homelessness Strategy
Homeless Needs - Families with children
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Gathering for Women is working with CHS and
the City working toward opening a homeless
shelter in HUD qualified census tract 137.

They have been participating in CDAC activities
.
22 Agency/Group/Organization CASA of Monterey County
Agency/Group/Organization Type Services-Children
Services-Victims of Domestic Violence
Services - Victims
Child Welfare Agency
Regional organization
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
CASA was consulted to understand the needs
of foster youth and advocacy in Seaside. This
included an estimate of the number of persons
in need of services. The City will strive to work
with CASA to make facilities and programs
available for persons experiencing these special
needs. CASA has participated in the CDAC's
Community Needs Workshop and NOFA
potential applicant meetings
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23 Agency/Group/Organization FOOD BANK OF MONTEREY COUNTY Agency/Group/Organization Type Services-Health
Regional organization
What section of the Plan was
addressed by Consultation?
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
The Food Bank of Monterey County not only
serves persons directly, they also work with
many non-profits receiving grant funds. The
City participated in a regional organization tour
of their facility in fall 2019 and has reached out
to them for coordination of food drives since
the inception of the COVID-19 shelter in place
impacts. The City will be coordinating with the
Food Bank with CDBG-CV activity.
24 Agency/Group/Organization Monterey Bay Economic Partnership Agency/Group/Organization Type Housing
Services - Broadband Internet Service
Providers
Services - Narrowing the Digital Divide
Agency - Managing Flood Prone Areas
Agency - Management of Public Land or Water
Resources
Regional organization
Business and Civic Leaders
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Public Housing Needs
Homelessness Strategy
Homelessness Needs - Veterans
Non-Homeless Special Needs
Economic Development
Market Analysis
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How was the
Agency/Group/Organization
consulted and what are the
anticipated outcomes of the
consultation or areas for improved
coordination?
Seaside is a member of the Monterey Bay
Economic Partnership and participates in their
twice yearly regional conferences addressing
housing, water, transportation and technology.

The COVID-19 pandemic has highlighted the
need for broadband improvement and MBEP
created a white paper on the topic.
https://mbep.biz/wpcontent/uploads/2020/04/MBEP-COVID-19- Response_Broadband.pdf The MBEP and
Monterey Peninsula Unified School District
encouraged students to use the mobile Bus
hotspots internet connectivity for digital
learning if connections were not available in
homes in Seaside.

Identify any Agency Types not consulted and provide rationale for not consulting The City of Seaside encourages consultation.

Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap
with the goals of each
plan?
Continuum of Care Leadership Council The "Lead Me Home" 5-Year Plan to End Homelessness
Goals overlaps with the
Seaside Strategic Plan in the
SP-40 Institutional Delivery
Structure and the goal of
Access to Social Services.

Table 3 – Other local / regional / federal planning efforts Narrative (optional)
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting In developing the 2020-2024 Consolidated Plan and processing the 2024-2026 funding cycle applications, the City conducted extensive outreach to ensure broaden citizen participation. The following a schedule of events that led to the adoption of the 2020-2024 Consolidated Plan as well as approval of the 2024-2026 funding cycle applications.  September 2018: Held a community needs session to review the existing plan.  September 2019: Held a public workshop at the Seaside Creates Office to conduct a SWOT analysis, review Opportunity Zones, difficult development areas and individual census tracts.  September 2019: Online survey - 28 stakeholders responded.  October 2019: CDAC met to review the results of the online survey and found the results were statistically significant; however, noted that the results were consistent with the workshop.  November 7, 2019: A presentation agendized for the City Council to review needs recommended by CDAC for interested applicants for the 2020-2022 funding cycle.
 January 2020: The CDAC received online access to review the applications. A meeting was scheduled for February to provide recommendations to Council. Due to unexpected vacancies on the CDAC, in accordance with the Homeless Committee's workplan and the Citizen Participation Plan a CDAC joint meeting with the Homeless Commission considered the applications for funding for recommendations to Council.
 March 11, 2020: The eight citizen volunteers of the joint committee discussed the applications. As in 2018, the deliberations were verbal and conducted in a noticed and recorded public meeting. The agenda packet can be accessed at https://seasideca.civicclerk.com/Web/UserControls/DocPreview.aspx?p=1&aoid=1936. The meeting can be viewed at https://www.youtube.com/watch?v=4uKhXZvupFo&t=12s
 March 19, 2020: Following recommendations from the joint committee, a report was prepared for consideration at City Council on March 19 for direction to staff for items to be included in the Consolidated Plan/AAP. Due to the COVID-19 pandemic, the item was postponed.

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 On April 6, 2020: Seaside submitted a waiver to HUD to extend deadlines for submittal of the CON/AAP per official guidance using the HUD suggested template. The CON/AAP would contain the CDBG-CV funding so a substantial amendment to 2019 AAP would not be necessary.
 May 21, 2020: The Council discussed the recommendations on during a virtual City Council meeting. The video link at https://www.youtube.com/watch?v=K_PVVnWYDkA. Starting at 2:05 through 3:47. Written public comment received by the City Clerk via email was read into the record. CDBG-CV was discussed on the immediately following item 3:47 through 4:31.

Written public comment received by the City Clerk via email was read into the record. These two topics concerning the CDBG program were discussed for a total of 2 hours and 26 minutes during the May 21 virtual City Council meeting.  June 25, 2020: Public notice was printed in the Monterey County Weekly (advance copy online on 6/24 for the Public Hearing of the Consolidated Plan, Annual Action Plan and the amended Citizen Participation Plan). The plans were available for viewing when the notice was posted, although the stated time to start the review period was June 28.  July 2, 2020: Council held a public hearing and approved a resolution to approve all items and authorize the City Manager to sign all forms and certifications to submit to HUD.
 January 7, 2021: The Seaside City Council convened a discussion on the conceptual review of the CDBG-CV3 funds and allocations.
 March 4, 2021: The Seaside City Council held a public hearing to discuss a Substantial Amendment to the 2020-21 Annual Action Plan to add CDBG-CV3 funds.
 March 11, 2021: A public notice was published in the Monterey County Weekly regarding the 2021-2022 Annual Action Plan being available for public review and comment during March 15, 2021 to April 15, 2021.  March 18, 2021: The Seaside City Council approved a Substantial Amendment to the 2020-21 Annual Action Plan to add CDBGCV3 funds.  April 15, 2021: City Council held a public hearing to adopt the FY2021-22 Annual Action Plan  September 16, 2021: The City Council received and approved the FY2020 CAPER  October 21, 2021: The City Council held a public hearing to consider amendments to the Citizen Participation Plan  October 28 - November 29, 2021: The City made its amended Citizen Participation Plan available for public review and comment  December 2, 2021: The City Council held a public hearing to adopt the amended Citizen Participation Plan  December 1, 2021: The City issued a comprehensive NOFA for the FY2022-2024 Funding Cycle  February 10, 2022: CDAC held its first public hearing and received a staff report along with all submitted applications.

Packet Page 420
FY2024-2025 Annual Action Plan City of Seaside 23
 February 16, 2022: CDAC received public service agency presentations as well as from the City of Seaside Engineering department regarding their proposed Cutino Park Improvement project.  February 17, 2022: CDAC received presentations from the remaining public facilities and infrastructure project applicants.  02/18/2022 to 02/24/2022: CDAC members individually evaluated and scored each application using the City’s online CDBG application evaluation tool on www.citydataservices.net. A minimum of 70% score was required to be considered for funding.  March 17, 2022: The City Council held a public hearing to consider the Community Development Advisory Committee’s funding recommendations for fiscal year 2022-23 and fiscal year 2023-24.  March 20, 2023: The City circulated draft FY23-24 Action Plan for a 30-day public review and comment period.  March 30, 2023: The Community Development Advisory Committee considered the FY23-24 Action Plan.  April 20, 2023: The City of Seaside City Council will consider and adopt the draft FY23-24 Action Plan.  December 1, 2023: The City issued a comprehensive NOFA for the FY2024-2026 Funding Cycle  February 8, 2024: CDAC held its first public hearing and received a staff report along with all submitted applications. CDAC also received agency presentations.
 02/8/2024 to 03/6/2024: CDAC members individually evaluated and scored each application using the City’s online CDBG application evaluation tool on www.citydataservices.net. A minimum of 70% score was required to be considered for funding.  March 6, 2024: CDAC convened another meeting to consider and discuss funding allocations for FY24/25 and FY25/26. Due to lack of quorum, CDAC did not adopt a resolution formally recommending funding allocations to the City Council. Instead, the two remaining members of the Committee provided funding recommendations as individual members. Funding recommendations of the two committee members are attached for City Council consideration.  April 4, 2024: The Seaside City Council considered and approved funding allocations for FY24/25.  The City circulated draft FY24-25 Action Plan for a 30-day public review and comment period.

Packet Page 421
FY2024-2025 Annual Action Plan City of Seaside 24
Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
1 Newspaper
Ad
Non-English
Speaking -
Specify
other
language:

Spanish
Nontargeted/br
oad
community
Newspaper ad was placed
on September 5, 2019 for
both the CAPER document
and the September 18,
2019 Community Needs
Workshop. The ad was
placed in both English and
Spanish in the Monterey
County Weekly
over two dozen people
attended the Community
Needs workshop which
included a brainstorming
board/SWOT analysis,
placement of dots and
comments to show how
current needs are met and
future needs in each
census tract
All
participation
was
welcomed.

Packet Page 422
FY2024-2025 Annual Action Plan City of Seaside 25
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
2 Public
Meeting
Minorities
Non-English
Speaking -
Specify
other
language:

Spanish
Persons
with
disabilities
Nontargeted/br
oad
community
Residents of
Public and
Assisted
Housing
Community Needs
workshop held in
September 2018 at
Oldemeyer Center and
2019 at Seaside Creates
downtown satellite office
to review past goals and
set new goals. Interactive
activities included
brainstorming, dots,
consideration of past,
present and future.

Comments were positive
and thoughtful considering
the needs of our diverse
community.

All comments
are
appreciated.

Packet Page 423
FY2024-2025 Annual Action Plan City of Seaside 26
3 Internet
Outreach
Nontargeted/br
oad
community
The City of
Seaside/Seaside Creates
Twitter page highlights
activities of the
Community and Economic
Development teams,
including the CDBG
program. CDAC meetings
are promoted and
reported
In general, comments are
supportive of City's
outreach efforts
https://twitter.com/SeasideC
reates
Packet Page 424
FY2024-2025 Annual Action Plan City of Seaside 27
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
4 Internet
Outreach
Nontargeted/br
oad
community
The City of
Seaside/Seaside Creates
facebook page highlights
activities of the
Community and Economic
Development teams,
including the CDBG
program. CDAC meetings
are promoted and
reported
In general, comments are
supportive of City's
outreach efforts
N/A https://www.facebook.com/
SeasideCreates/?ref=aymt_h
omepage_panel&eid=ARBJZgudXbDNKO7PGrAJm--
2G6ZPbZfG7FR9D2J6swYqZ
QKxboQNT49NRXjh1JlawulZ
pTbFMxdUK24
Packet Page 425
FY2024-2025 Annual Action Plan City of Seaside 28
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
5 Public
Meeting
Minorities
Non-English
Speaking -
Specify
other
language:

Spanish
Persons
with
disabilities
Nontargeted/br
oad
community
Residents of
Public and
Assisted
Housing
Community Development
Advisory Committee
Meetings are held the third
Wednesday of the Month
at 6:30 PM. Due to
openings on the CDAC, a
joint meeting with the
Homeless Commission was
held on 3/11/2020 to
make sub recipient
recommendations to City
Council.

Public comment is
welcomed for all topics at
all meetings.

N/A http://www.ci.seaside.ca.us/
160/CommunityDevelopment-AdvisoryCommittee
Packet Page 426
FY2024-2025 Annual Action Plan City of Seaside 29
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
6 Public
Meeting
Minorities
Non-English
Speaking -
Specify
other
language:

Spanish
Persons
with
disabilities
Nontargeted/br
oad
community
Residents of
Public and
Assisted
Housing
The Seaside City Council
determines the funding for
subrecipients using the
recommendations from
the The Council directs
staff to use the
determination for the
Annual Action Plan, then
holds a Public Hearing on
the AAP. The Council
meeting was a virtual
meeting Zoom/YouTube .

See narrative above for
link to video
Emailed comments were
received by the City Clerk
and read into the record of
the Virtual meeting held
on May 21, 2020 (delayed
due to COVID-19 shelter in
place and Emergency
declarations)
N/A http://www.ci.seaside.ca.us/
129/City-Council-CommitteeAgendas
Packet Page 427
FY2024-2025 Annual Action Plan City of Seaside 30
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
7 Public
Hearing
Minorities
Non-English
Speaking -
Specify
other
language:

Spanish
Persons
with
disabilities
Nontargeted/br
oad
community
Residents of
Public and
Assisted
Housing
A Public Hearing on the
CON/AAP on July 2, 2020.

Council Meetings have
gone to a virtual format
due to COVID_19.

Meetings are conducted
via Zoom and live
streamed on the City's
YouTube Channel
All comments in virtual
meetings must be
submitted via email to the
City Clerk and read into
the record during the
meeting. Staff Report and
agenda may be accessed
in link above. City of
Seaside YouTube channel
is linked below.

N/A https://www.youtube.com/c
hannel/UC1Cu7854Ohtjpr_X
V1tDvRg
Packet Page 428
FY2024-2025 Annual Action Plan City of Seaside 31
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
8 Public
Hearing
Nontargeted/br
oad
community
On March 4, 2021, the City
Council held a public
hearing to consider the
first substantial
amendment to the 2020-
2025 Consolidated Plan
and the 2020-2021 Annual
Action Plan at a regularly
scheduled City Council
meeting.

All comments were
supportive of the
recommended allocation.

Some residents wished the
City would allocate some
funds to rental and other
form of economic
assistance program.

All comments
were received
and accepted.
https://www.youtube.com/w
atch?v=Iy0A09OLjNM
9 Newspaper
Ad
Nontargeted/br
oad
community
Non-English
Speaking -
Specify
other
language:

Spanish
On March 11, 2021, the
City published a notice in
the Monterey County
Weekly regarding the
Substantial Amendment to
the Consolidated Plan and
Annual Action Plan
available for public
comment
No comments were
received.

N/A
Packet Page 429
FY2024-2025 Annual Action Plan City of Seaside 32
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
10 Public
Review
Period
Nontargeted/br
oad
community
Non-English
Speaking -
Specify
other
language:

Spanish
Public review period from
March 12, 2021 to March
18, 2021
No comments were
received.

N/A
11 Public
Hearing
Nontargeted/br
oad
community
On March 18, 2021, the
City Council held a public
hearing to consider the
first substantial
amendment to the 2020-
2025 Consolidated Plan
and the 2020-2021 Annual
Action Plan at a regularly
scheduled City Council
meeting.

No comments were
received.

N/A
Packet Page 430
FY2024-2025 Annual Action Plan City of Seaside 33
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
12 Newspaper
Ad
Nontargeted/br
oad
community
Non-English
Speaking -
Specify
other
language:

Spanish
On March 11, 2021, the
City published a Public
Notice in the Monterey
County Weekly regarding
the draft 2021-2022
Annual Action Plan
available for public
comment
No comments were
received.

N/A
13 Public
Review
Period
Nontargeted/br
oad
community
Non-English
Speaking -
Specify
other
language:

Spanish
Public review period from
March 15, 2021 to April
15, 2021
No comments were
received.

N/A
Packet Page 431
FY2024-2025 Annual Action Plan City of Seaside 34
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
14 Public
Hearing
Nontargeted/br
oad
community
On April 15, 2021, the City
Council held a public
hearing to adopt the 2021-
2022 Annual Action Plan at
a regularly scheduled City
Council meeting.

No comments were
received.

N/A
15 Public
Review
Period
Nontargeted/br
oad
community
On August 26, 2021, the
City published a Public
Notice in the Monterey
County Weekly regarding
the draft 2020-2021
CAFER available for public
comment
No comments were
received.

N/A
16 Public
Hearing
Nontargeted/br
oad
community
September 16, 2021: The
City Council received and
approved the FY2020
CAPER
No comments were
received.

N/A
17 Public
Hearing
Nontargeted/br
oad
community
October 21, 2021: The
City Council held a public
hearing to consider
amendments to the Citizen
Participation Plan
No comments were
received.

N/A
Packet Page 432
FY2024-2025 Annual Action Plan City of Seaside 35
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
18 Newspaper
Ad
Nontargeted/br
oad
community
the City published a Public
Notice in the Monterey
County Weekly regarding
the draft Citizen
Participation Plan for
public comment
No comments were
received.

N/A
19 Public
Review
Period
Nontargeted/br
oad
community
October 28 - November
29, 2021: The City made
its amended Citizen
Participation Plan available
for public review and
comment
No comments were
received.

N/A
20 Document
release
Nontargeted/br
oad
community
December 1, 2021: The
City issued a
comprehensive NOFA for
the FY2022-2024 Funding
Cycle
No comments were
received.

N/A
21 Public
Hearing
Nontargeted/br
oad
community
December 2, 2021: The
City Council held a public
hearing to adopt the
amended Citizen
Participation Plan
No comments were
received.

N/A
Packet Page 433
FY2024-2025 Annual Action Plan City of Seaside 36
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
22 Public
meeting
Nontargeted/br
oad
community
February 10, 2022: CDAC
held its first public hearing
and received a staff report
along with all submitted
applications.

No comments were
received.

N/A
23 Public
meeting
Nontargeted/br
oad
community
February 16, 2022: CDAC
received public service
agency presentations as
well as from the City of
Seaside Engineering
department regarding
their proposed Cutino Park
Improvement project.

No comments were
received.

N/A
24 Public
meeting
Nontargeted/br
oad
community
February 17, 2022: CDAC
received presentations
from the remaining public
facilities and infrastructure
project applicants.

No comments were
received.

N/A
Packet Page 434
FY2024-2025 Annual Action Plan City of Seaside 37
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
25 Public
review
period
Nontargeted/br
oad
community
02/18/2022 to
02/24/2022: CDAC
members individually
evaluated and scored each
application using the City’s
online CDBG application
evaluation tool on
www.citydataservices.net.

A minimum of 70% score
was required to be
considered for funding.

No comments were
received.

N/A
Packet Page 435
FY2024-2025 Annual Action Plan City of Seaside 38
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
26 Public
Hearing
Nontargeted/br
oad
community
02/24/2022: CDAC met to
discuss staff
recommendations. After
careful consideration and
thoughtful deliberation,
CDAC concurred with the
following staff
recommendation and
directed staff to forward
the following funding
recommendations to the
City Council for
consideration and
approval.

One comment was
received from Shari Hasti
regarding the City’s
allocation methodology.

City CDBG staff provided
clarification at the
meeting.

N/A
27 Public
Hearing
Nontargeted/br
oad
community
March 17, 2022: The City
Council held a public
hearing to consider the
Community Development
Advisory Committee’s
funding recommendations
for fiscal year 2022-23 and
fiscal year 2023-24.

One comment received
from one of the CDAC
members. It was stated
that the Committee
enjoyed reviewing the
proposed projects.

N/A
Packet Page 436
FY2024-2025 Annual Action Plan City of Seaside 39
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
28 Newspaper
ad
Nontargeted/br
oad
community
On March 17, 2022, the
City published a Public
Notice in the Monterey
County Weekly regarding
the draft 2022-2023 AAP
available for public
comment
No comments received N/A
29 Public
Review
and
Comment
period
Nontargeted/br
oad
community
March 21 – April 20, 2022:

The City will make the
draft FY2022 AAP available
for public review and
comment. A Notice was
published in the Monterey
County Weekly.

No comments received N/A
30 Public
Hearing
Nontargeted/br
oad
community
On April 21, 2022, the City
Council will hold a public
hearing to adopt the
FY2022-23 AAP
No comments received N/A
Packet Page 437
FY2024-2025 Annual Action Plan City of Seaside 40
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
31 Newspaper
ad
Nontargeted/br
oad
community
On March 16, 2023, the
City published a Public
Notice in the Monterey
County Weekly regarding
the draft 2023-2024 AAP
available for public
comment
No comments received N/A
32 Public
Review
and
Comment
period
Nontargeted/br
oad
community
March 20 – April 18, 2023:

The City will make the
draft FY23-24 AAP
available for public review
and comment. A Notice
was published in the
Monterey County Weekly.

No comments received N/A
33 Public
Hearing
Nontargeted/br
oad
community
On March 30, 2023, the
CDAC will hold a public
hearing to consider the
FY2023-24 AAP
No comments received N/A
Packet Page 438
FY2024-2025 Annual Action Plan City of Seaside 41
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
34 Public
Hearing
Nontargeted/br
oad
community
On April 20, 2023, the City
Council will hold a public
hearing to adopt the
FY2023-24 AAP
No comments received N/A
35 Newspaper
Ad
Nontargeted/br
oad
community
Non-English
Speaking -
Specify
other
language:

Spanish
The NOFA was published
in the Monterey County
Weekly on November 30,
2023.

No comments received N/A
36 Document
release
Nontargeted/br
oad
community
December 1, 2023: The
City issued a
comprehensive NOFA for
the FY2024-2026 Funding
Cycle
No comments were
received.

N/A
Packet Page 439
FY2024-2025 Annual Action Plan City of Seaside 42
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
37 Public
meeting
Nontargeted/br
oad
community
February 8, 2024: CDAC
held its first public hearing
and received a staff report
along with all submitted
applications.

No comments were
received.

N/A
38 Public
meeting
Nontargeted/br
oad
community
March 6, 2024: CDAC held
a public hearing to
consider and recommend
funding allocations to the
City Council
No comments were
received.

N/A
39 Newspaper
Ad
Nontargeted/br
oad
community
Non-English
Speaking -
Specify
other
language:

Spanish
On March 24, 2024, the
City published a notice in
English and Spanish
regarding the April 4, 2024
City Council meeting
No comments received N/A
Packet Page 440
FY2024-2025 Annual Action Plan City of Seaside 43
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments
not accepted
and reasons
URL (If applicable)
40 Public
meeting
Nontargeted/br
oad
community
April 4, 2024, the City
Council held a public
hearing to approve
funding allocations for
FY24/25.

No comments were
received.

N/A
Table 4 – Citizen Participation Outreach
Packet Page 441
FY2024-2025 Annual Action Plan City of Seaside 44
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
In FY24-25, the City anticipates receiving approximately $348,000 in CDBG funds from the U.S. Department of Housing and Urban Development (HUD). The City has also received $104,900 in program income, which will be available for allocation during FY24-25.

Additionally, the City will have $100,378 in CDBG funds and $21,729 in program available from prior program years.

Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 4 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and Planning
Economic Development
Housing
Public Improvements
Public Services 348,000 104,900 $122,107 573,007 -
Prior Year Resources
includes 100,378 in
CDBG funds and
$21,729 in prior year
program income
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The CDBG program has no matching requirement. Applicants for funding are asked to provide financial information in their application to indicate capacity to carry out the activity/project. Applications are submitted on the City Data Services data management portal and the attachments are housed on their server. On occasion, there are projects utilizing a variety of funding sources such as the San Packet Page 442
FY2024-2025 Annual Action Plan City of Seaside 45
Pablo Pedestrian Bridge reconstruction project utilizing a general fund monies. The City is actively pursuing grants and awards for projects not otherwise funded with CDBG monies.

If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City does not anticipate that the sale of publicly owned lands or properties would be used to acquire lands to achieve CDBG goals.

Upgrading of infrastructure including publicly owned roads, sidewalks and public parks may address the needs in the plan particularly to improve accessibility.

Discussion
Faced with reduced resources, the City has made the choice to focus CDBG resources where the need is greatest. The communityidentified areas of need are infrastructure and facilities improvements in low-income areas, including street and park accessibility improvements, and providing essential public services for youth and seniors. Activities such as the development of affordable housing and rental housing subsidy are beyond the scope of available resources. The City of Seaside paid off a Section 108 Loan during the last Consolidated Plan and has no Section 108 funds outstanding.

Packet Page 443
FY2024-2025 Annual Action Plan City of Seaside 46
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Access to
Community and
Social Services
2024 2025 Homeless and
Non-Homeless
Special Needs
Non-Housing
Community
Development
Public Services
City of
Seaside
Qualified
Census Tract
137
Access to
community
services
CDBG:
$67,635
Public service activities other
than Low/Moderate Income
Housing Benefit: 778 Persons
Assisted
2 Improve
accessibility to
persons with
disabilities
2024 2025 Non-Homeless
Special Needs
Non-Housing
Community
Development
City of
Seaside
Improve
accessibility
CDBG:
$340,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 28,955 Persons
Assisted
3 Provide Quality
Facilities and
Infrastructure
2024 2025 Non-Homeless
Special Needs
Non-Housing
Community
Development
City of
Seaside
Provide quality
facilities and
infrastructure
CDBG:
$90,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 1075 Persons Assisted
4 Program
Administration
2024 2025 Planning and
Administration
City of
Seaside,
program
administration
CDBG:
$75,372
Other
Table 6 – Goals Summary
Packet Page 444
FY2024-2025 Annual Action Plan City of Seaside 47
Goal Descriptions
1 Goal Name Access to Community and Social Services
Goal
Description
Seaside's public services component of the CDBG program serves a diverse client base and include provision of a broad range of community and social services including multiple youth enrichment programs, fair housing education, tenant-landlord assistance and counseling, and Meals on Wheels and Legal Services for Seniors.
2 Goal Name Improve accessibility to persons with disabilities Goal
Description
During FY2024-25, the City of Seaside will fund the San Pablo Pedestrian Bridge reconstruction project. 3 Goal Name Provide Quality Facilities and Infrastructure Goal
Description
The CDBG program identifies publicly owned facilities and infrastructure such as, streets, playgrounds, and underground utilities, and buildings owned by non-profits that are open to the public. During 2024-2025, upgrades are scheduled for the Boys and Girls clubhouse and Family Service Center/Casa de Noche Improvements.
4 Goal Name Program planning and administration
Goal
Description
CDBG Program planning and administration. City staff will provide overall management, coordination, and evaluation to the CDBG program, and the project delivery costs associated with bringing projects to completion
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Projects
AP-35 Projects – 91.220(d)
Introduction
As part of the 2024-2025 funding cycle, on April 4, 2024, the Seaside City Council approved the following projects for the FY2024- 2025 Annual Action Plan.

Projects
# Project Name
1 2024 Boys and Girls Club – Seaside Clubhouse parking lot improvement and security upgrades. 2 2024 Community Human Services- Family Service Center Improvements 3 2024 San Pablo Pedestrian Bridge reconstruction (Year 1) 4 2024 Public Services
5 2024 CDBG Planning and Administration
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Given the limited CDBG allocation, it is difficult to address all community needs. Both request for public services and public facilities and infrastructure projects far exceed the available funding. The City has made the choice to focus CDBG resources where the need is greatest. The community-identified areas of need are infrastructure and facilities improvements in low-income areas, including street and park accessibility improvements, and providing essential public services for youth and seniors. Activities such as the development of affordable housing and rental housing subsidy are beyond the scope of available resources.

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AP-38 Project Summary
Project Summary Information
1 Project Name Boys and Girls Club Facility improvements Target Area City of Seaside
Goals Supported Provide Quality Facilities and Infrastructure Needs Addressed Provide quality facilities and infrastructure Funding CDBG: $50,000
Description FY24-25 External lighting and video security: As the Club and adjacent Cutino Park sees an increase in participation following each entity’s improvements, the safety of all participants will be enhanced with improved LED lighting. Additionally, lighting would be added to the back of the building where there is space between the building and Cutino Park. This 102’ stretch requires adding a circuit breaker to the local breaker box and running wire through the walls to each of the new locations. The existing lights include thirty four (34) recessed building lights, five (5) wall mounted lights and eight (8) parking lot pole lights. The additional cameras and upgrade Network Video Recording capacity to 64 cameras, will aide in supporting safety and requests from law enforcement. Total cost is$65,000 Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
475 LMI persons
Location Description 1332 LaSalle Avenue, Seaside, CA
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Planned Activities FY24-25 would see the purchase, retrofit and conversion of lights and fixtures from traditional lights to LED. The existing lights include thirty-four (34) recessed building lights, five (5) wall mounted lights and eight (8) parking lot pole lights. The improvements would also include adding several motion sensor LED lights to specific areas near the back of the Clubhouse.
2 Project Name Community Human Services- Improvements to the Family Service Center Target Area City of Seaside
Qualified Census Tract 137
Goals Supported Provide Quality Facilities and Infrastructure Needs Addressed Provide quality facilities and infrastructure Funding CDBG: $40,000
Description Replace the Family Service Center's plumbing main line from the street to the facility, located in Seaside. There are chronic issues with toilets overflowing 'brown water' into the building, causing costly damage to dry wall, flooring, and cabinets.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
600 LMI persons
Location Description The Family Service Center (FSC) which is located 1178 Broadway Ave is an emergency shelter for homeless women and families with children, both located in Seaside, serve clients that are very low- and low-income residents of Monterey County. The programs offered at the Family Service Centers are designed to serve families who are uninsured or otherwise unable to afford services and care.

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Planned Activities Replace the Family Service Center's plumbing main line from the street to the facility, located in Seaside
3 Project Name San Pablo Pedestrian Bridge Reconstruction (Year 1) Target Area City of Seaside
Qualified Census Tract 137
Goals Supported Improve accessibility to persons with disabilities Provide Quality Facilities and Infrastructure
Needs Addressed Improve accessibility
Provide quality facilities and infrastructure
Funding CDBG: 340,000
Description In 2023 the current bridge, a beloved Seaside landmark, was deemed structurally unsound for pedestrian use. The demolition and reconstruction of the bridge is currently in design.

The demolition of the bridge is schedule to be completed by the end of the 2024/2025 Fiscal Year. The reconstruction of the bridge will not only to reopen a Safe Route to school but will also make the bridge ADA accessible
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
28,955 LMI Seaside residents are estimated to benefit from this project.

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Location Description The San Pablo Pedestrian Bridge is located in census tract 138, block group 1. The 1-mile service area includes census tracts 135, 136, 137, 138, 139, 140, and 141.07 are also included. The percentage of the combined low and moderate-income persons for these census tracts is 53%, see attachment. The bridge is within one mile of residents in the above-listed census tracts. The bridge is used by many in the community as an accessible and safe route to several schools and parks. Not only does it directly connect Lincoln Cunningham Park and Manzanita Stuart Park, but it more broadly is part of a larger parks trail network as well as a path to several schools.

Planned Activities Demolish and reconstruct the San Pablo Pedestrian Bridge. 4 Project Name Public Services
Target Area City of Seaside
Goals Supported Access to Community and Social Services Needs Addressed Access to community services
Funding CDBG: $67,734
Description Public Services activities for Seaside's CDBG program. These activities are capped at 15% of the available grant and program income. All projects are LMC and the sub recipients track demographic and income data. Public Services activities approved by the City Council to be included in the Annual Action Plan include participation by:
 $11,273 - Legal Services for Seniors
 $11,273 - Greater Victory Temple
 $11,273- Girls Inc of Central Coast
 $11,273- Eden Council for Hope and Opportunity
 $11,273- Meals On Wheels of Monterey Peninsula
 $11,273– Gathering for Women
Target Date 6/30/2025
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Estimate the number and
type of families that will
benefit from the proposed
activities
An estimated 778 low and moderate income level persons are expected to benefit from the proposed activities.

Location Description These activities will be located throughout the City of Seaside.

Planned Activities Planned activities include after school programs (including tutoring, self-esteem, mentoring younger students), community meals/after school, legal services for seniors, meals on wheels for homebound, tenant/landlord fair housing services, and case management services for homeless women.
5 Project Name General Administration of Seaside CDBG program Target Area City of Seaside
Goals Supported Access to Community and Social Services Needs Addressed Access to community services
Funding CDBG: $75,372
Description General administration costs to administer the CDBG program. Includes staffing, legal notices, supplies (including outreach meetings and public review documents), data management services and reimbursable overhead costs. Capped per HUD at 20% of Grant and Program income. (21A) PROGRAM ADMIN
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
Not applicable
Location Description City of Seaside
Planned Activities Administration of CDBG program including citizen participation activities.

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The assistance will be directed to low/moderate needs throughout the City of Seaside. Should projects be proposed in HUD Qualified Census Tract 137, they will receive higher priority.

Geographic Distribution
Target Area Percentage of Funds
City of Seaside 74
Qualified Census Tract 137 26
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically All of Seaside is considered a difficult development area by HUD, and Census Tract 137 is an Opportunity Zone and a Qualified Census Tract. Note that census tract is within the City of Seaside, but we are counting that percentage separately so that the total does not exceed 100% Discussion
The City received requests for twice as much funding for public services projects as funding available.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The Community and Economic Development Services staff is charged with the continuing responsibility to forge new partnerships with other public agencies at the federal, state, and local level as well as with private housing developers and nonprofit organizations. Additionally, the City works closely with a diverse group of nonprofit organizations to provide CDBG public service subrecipient funding.

Some of the currently underway housing initiatives and projects are as follows:

Accessory Dwelling Units (ADU) Efforts
The City of Seaside encourages the development of Accessory Dwelling Units (ADUs) in existing residential neighborhoods. Building ADUs is seen as a way to increase the City’s housing supply, aid is addressing the current housing crisis, and assist existing homeowners by providing an avenue for additional rental income.

To encourage ADU development, the City Council has removed some ADU building permit fees, streamlined the plan check process and set aside a water allocation to be provided exclusively to ADU applicants. In 2023, 23 ADUs were issued building permits, 111 ADUs were finaled.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 0
Special-Needs 0
Total 0
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 0
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Discussion
There continues to be a need for housing units for extremely low-, very low- and low- income households. In response, the City will continue to explore opportunities with regional public service providers, local nonprofit housing developers, and neighboring jurisdictions for the development of new housing units in the region.

AP-60 Public Housing – 91.220(h)
Introduction
The primary public organization for affordable housing and supportive services in the City is the Housing Authority of the County of Monterey (HACM), a public housing authority whose mission is to develop and operate affordable housing and implement supportive programs. The Housing Authority manages a Section 8 Housing Choice Voucher (HCV) program and Family Self Sufficiency programs. Both programs are essential in meeting Seaside’s housing needs.

Actions planned during the next year to address the needs to public housing As of June 30, 2016, HACM has converted all public housing units countywide into Project-Based Rental Assistance. The City will coordinate with the Leadership Council to implement the “Lead Me Home” 10 Year Plan to End Homelessness.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
The Family Self Sufficiency Program is designed to help families become financially independent of cash aid assistance by obtaining employment. Successful participating families are rewarded with a savings account that is established by HACM. Additionally the HACM's commitment to the program participants is solidified by the HACM collaborating with a variety of local service providers that are equally interested in helping families reach their goal of self-sufficiency.

Services may include career counseling, financial literacy, parenting skills and homeownership preparation
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
HACM is not identified as "troubled."
Discussion
The Housing Authority of Monterey County, the cities of Salinas, Monterey and Seaside and the Packet Page 454
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County of Monterey prepared an Analysis of Impediments approved in 2019.

AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City of Seaside works with regional homeless assistance coordination to reduce homelessness. The lead agency is the Monterey County Department of Social Services (DSS).

Two local collaborative efforts are the Coalition of Homeless Services Providers (Homeless Coalition) and Leadership Council (CoC governing body). These organizations are directly responsible for funding and program decisions for Monterey County and the City of Seaside.

The City has established a Homeless Commission to devise strategies and priority actions to expand homeless services and provide supportive housing opportunities to elderly persons, disabled veterans, and other persons with special needs. Some of the specific strategies the City’s Homeless Commission and City staff have implemented include:
• Collaborative engagement with homeless persons during outreach efforts and campaigns to assess needs
o Encampments, Mobile Crisis Response, Vaccine Clinics, Food Distribution Sites
• Participation in local and County meetings in which some homeless individuals attend for opportunities to advocate for needs if accessibility is possible Additionally, the City recruited a full time Family & Community Support Practitioner who seeks out homeless individuals and families to provide outreach services, which include connecting clients with immediate resources such as mental health services, general health services, substance abuse services, income services, identification documents and other documents necessary to help homeless persons meet the ultimate goal of finding shelter and housing.

The City also intends to strengthen its collaboration with the Coalition of Homeless Services Providers (CHSP), which is the primary nonprofit organization for homeless support in Monterey and San Benito Counties. CHSP is a coalition of 11 service provider agencies for homeless persons, persons with AIDS/HIV, and other persons with special needs. The Coalition is the County’s designated Continuum of Care (CoC) Coordinator.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City will closely coordinate with Monterey County and the Leadership Council CoC to reach out to homeless persons. As described in the "Lead Me Home" 10 Year Plan to End Homelessness, Packet Page 455
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these entities will: collaborate to develop referral agreement between outreach workers and other housing and service providers and designate priority access to housing and treatment slots for clients engaged by outreach workers, develop a centralized information and referral system, streamline referrals and improve service coordination, partner hospitals with existing services to establish respite care centers and detoxification facilities, enhance coordination with mainstream benefits programs. In these efforts, the City will act as an information and referral resource for participating housing and homeless service providers to facilitate agreements and partnerships.

Seaside participated in Analysis of Impediments outreach efforts through an MOU with the Cities of Salinas and Monterey, Monterey County and the Housing Authority of Monterey County to further find out the needs of the entire community and is currently exploring HEAP funding possibilities to address homeless concerns and open a shelter.

Addressing the emergency shelter and transitional housing needs of homeless persons
In FY2020-21, Gathering for Women and Community Human Services opened Case De Noche Buena, a shelter in HUD Qualified Census Tract 137. The City will provide public service funding to Gathering for Women for case management services.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of Seaside continues to collaborate with and rely on a vast network of public and nonprofit agencies in the Continuum of Care (CoC) system to provide a range of housing options and services. The CoC system strives to provide and expand housing opportunities for the homeless and formerly homeless, through emergency shelters, transitional housing, supportive housing, and permanent housing. Outreach, assessment, and case management services are also offered through this network to assist the homeless in transitioning to permanent housing.

In the City of Seaside, transitional housing services are available in Seaside through the Salvation Army. This agency has not applied for CDBG funding for the current cycle.

Additionally, in 2020, Gathering for Women and Community Human Services opened Case De Noche Buena, a shelter in HUD Qualified Census Tract 137 in the City of Seaside. The majority of the funding for the Case De Noche Buena was through HEAP. Case De Noche Buena is the first homeless shelter specifically for women and families with children on the Monterey Peninsula.

The shelter is initially able to accommodate 15-18 people, depending on the number and ages of children. This number is expected to double to 30-36 once COVID-19 social distancing guidelines Packet Page 456
FY2024-2025 Annual Action Plan City of Seaside 59
have been eased. Casa de Noche Buena offers shelter, meals and a variety of supportive services designed to lead to permanent housing.

Community Human Services (CHS) which receive CDBG funding from the City of Seaside, offer housing services.

CHS’s Genesis House is a state-licensed, residential substance abuse treatment program for adults 18 years of age and older. The co-ed program offers 28 beds for stays of 3 to 6 months. The perinatal program offers 8 beds for stays of 6 to 10 months. Children ages 0 to 5 may live with their mothers in treatment. Genesis House is accredited by CARF International.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City will support projects and programs and give proposed programs and improvements that prevent homelessness higher priority. In addition, the City will promote these strategies outlined in the "Lead Me Home" plan: integration of services at the system level; enhancement and integration of services at the client level; improving access to mainstream benefits; launch Employment First (job training); strengthen job development capacity and on-site support; economic development opportunities that will create new jobs for homeless or formerly homeless persons; plan for stability prior to release from incarceration; implement alternatives to arrest and incarceration; create universal healthcare discharge policies and transition aged-out foster youth to housing and income stability.

Discussion
Many seniors, even homeowners, face financial challenges due to limited incomes. Senior households, especially those on limited incomes, need affordable housing. Seniors also face housing challenges related to physical disabilities. Many of the disabilities are age related, including declining mobility and self-care issues that interfere with their ability to remain independent. Seniors have a variety of housing options, including:
• Independent living – seniors reside in their home or apartment with little support or care • Assisted living facilities – senior maintains a level of independence, residing in an apartment, and receives varied levels of support and assistance such as light housekeeping, meals, transportation, and/or medication
• Residential care facilities – typically a smaller licensed facility, often with 6 or fewer residents, that provides services similar to those provided by assisted living facilities • Intermediate care or skilled nursing facilities – a licensed facility that provides a higher, Packet Page 457
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continuous level of professional care
Although a variety of housing options are available to seniors, and all housing options are available in Seaside, facilities providing supportive services and a higher level of care are expensive. Most affordable senior housing is classified as independent living and does not provide supportive services. Lower-income seniors cannot afford to take advantage of many of the housing options and consequently remain in independent living situations struggling with self-care issues. The Monterey County Department of Social Services provides a Senior Information, Referral and Assistance hotline, which is initial point of contact for people seeking information about senior services. The program specializes in information related to the needs of seniors and people with disabilities. Legal Services for Seniors provides a variety of low cost legal assistance.

AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City’s General Plan Housing Element has recently been updated in 2024 and systemically analyzes and addresses barriers to affordable housing. These include governmental, nongovernmental, and environmental constraints. That analysis leads to policies and programs to address these constraints. Please find more detailed information on affordable housing in the City’s Housing Element on the City of Seaside website and at www.seaside2040.com.

The City has undertaken a number of actions to reduce potential barriers and constraints to affordable housing and housing for special needs populations. These actions include identifying funds in support of affordable housing development and offering fee reductions, regulatory incentives, density incentives, and the operation of a home rehabilitation and repair program, as well as several other options. Details of these actions can be found in the City’s 2023–2031 Housing Element. The Housing Element includes a thorough analysis of governmental and regulatory barriers to affordable housing. The City has been aggressive in pursuing affordable housing development opportunities and has mitigated regulatory barriers as effectively as possible.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment In order to produce affordable housing, the City has an inclusionary housing ordinance. The ordinance requires that for all new developments, at least 20 percent of new units constructed must be restricted for occupancy by moderate, low or very low income households. For further information, refer to Chapter 17.31, Affordable Housing Requirements, of the Seaside Code of Ordinances at the following on the City of Seaside website.

To expedite project facilitation and provide internal support to project applicants, the City has Packet Page 458
FY2024-2025 Annual Action Plan City of Seaside 61
also established a planning permit review process. When required, permit review takes place before any necessary building permits or business licenses are applied for and are intended to ensure that new development is compatible with surrounding neighborhoods and planned future development.

Discussion:

AP-85 Other Actions – 91.220(k)
Introduction:

This section describes the City's actions to address underserved needs, maintain affordable housing, reduce lead based paint hazards, reduce poverty, develop institutional structure, and enhance public-private coordination.

Actions planned to address obstacles to meeting underserved needs Use CDBG funds targeted to public facilities and infrastructure to make ADA accessibility improvements. Use CDBG funds targeted to public services to support organizations that assisted underserved populations.

During the program year, the City will work with several organizations that focus on increasing self-sufficiency among lower-income populations. These organizations included the Legal Services for Seniors, which provides a legal services pertaining to housing, health, and finances for elderly residents; drug rehabilitation provided by Community Human Services. Services to help youth start off on the right path include Community Partnership for Youth, Boys and Girls Club of Monterey County, The Village Project, Girls, Inc. and ECHO fair housing services. CDBG funded projects include Section 3 policies to help reduce the number of poverty level families.

Housing programs have been limited as a result of a lack of resources and staffing available to the City. The city does not plan to revive façade improvement programs for homeowners or small businesses in the plan year. The City plans to support the ”Lead Me Home” Plan in its efforts to build an affordable housing pipeline and coordination with HACM in rehabilitating and upgrading affordable housing units.

The Coalition’s participation in HUD's Homeless Assistance Programs will pay for the development, rehabilitation, or leasing of housing for homeless persons and also for supportive services for those persons. In addition to applying for funding for the previously listed emergency and transitional housing, most all of which offer supportive services, the Coalition also assisted numerous non-profit and other agencies in applying for funding through the Homeless Assistance Packet Page 459
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portion of HUD’s program to provide supportive and self-sufficiency services.

These supportive and self-sufficiency services include educational and vocational services which focus on social, living, interpersonal, study and job skills. Linkage to other services and services providers is also provided. In many of the housing projects, Monterey County Behavioral Health provides case coordination and representative payees. Additional services provided in some facilities include reintegration, full case management, life skills, and substance abuse counseling.

The City is actively encouraging the building of Accessory Dwelling Units as a means of increasing the housing stock in an affordable manner.

The City of Seaside will continue to support public and non-profit agencies in utilizing programs that assist homeless persons to make the transition to permanent housing and independent living through maintaining these existing supportive services. New development on the former Fort Ord lands will have a 20% affordable housing requirement per the Fort Ord Reuse Plan.

As part of the Consolidated Plan, the City identified several obstacles to meeting needs that are particularly difficult to achieve in the City. Below are some of the actions the City is taking to overcome the obstacles:
• Increase development, preservation, and rehabilitation of affordable housing for lowincome and special needs households. • Provide assistance for the homeless and those at risk of becoming homeless through collaborations with other agencies.
• Provided assistance to low-income and special needs households. • Provided public facilities improvements to strengthen neighborhood revitalization. • Cooperate with, and provide assistance to, for-profit and non-profit developers to facilitate construction of housing units through new housing development. • Provided rental and utility assistance to hundreds of LMI Seaside households through the Rental Assistance Program, which is funded through Monterey County and United Way’s SB91 Emergency Rental Assistance Program (ERAP).

The City also continued to address the lack of funding for the needs identified in the Consolidated Plan by rigorously managing HUD CPD funds through a citizen engagement process, monitoring, and providing technical assistance to subrecipients, while also pursuing new funding sources.

Actions planned to reduce lead-based paint hazards
The City will mitigate lead based paint through public facilities improvements, and educate participants on the hazards of lead based paint. In addition, all rehabilitation contracts for public facilities or other rehabilitation projects funded through the City include provisions for work necessary to eliminate any existing lead based paint hazards on applicable surfaces. If lead hazards are discovered in a residential or a commercial building, the agency responsible for Packet Page 460
FY2024-2025 Annual Action Plan City of Seaside 63
abatement would be the Monterey Bay Air Resources District.

Brochures bringing awareness to the lead based paint danger are available at the Seaside Creates satellite office and on the City Website.

Actions planned to reduce the number of poverty-level families Public services help the recipients of services save funds that may have been spent otherwise (such as food for homebound seniors, legal services, tutoring or childcare for youth, tenantlandlord assistance, etc).

Actions planned to develop institutional structure
The City will continue to use CDBG Administration funds to implement the Consolidated Plan and Annual Action Plans, address the Analysis of Impediments to Fair Housing, complete annual CAPER reports, and comply with HUD regulations. The City will also continue to support institutions that provide housing and services for low income populations with CDBG Public Services funds, and by providing other forms of support available to the City.

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to support regional planning efforts such as the Leadership Council CoC and the “Lead Me Home” 5 Year Strategy to End Homelessness as well as joining forces with the other CDBG recipient agencies in Monterey County for an analysis of impediments.

Discussion:

The 2024-2026 application cycle increased the number of applicants for funding and the variety of projects and services offered to be provided. The requests far exceeded the funding levels expected.

Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

The City of Seaside CDBG program is focused on low/moderate income persons and the large response to the Notice of Funding Availability serves to illustrate the need for funding to serve Packet Page 461
FY2024-2025 Annual Action Plan City of Seaside 64
this population.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income.

Specify the years covered that include this Annual Action Plan. 95% Packet Page 462
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www.hud.gov espanol.hud.gov
Special Attention of:

All CPD Division Directors
HUD Field Offices
HUD Regional Offices
All CDBG Grantees
All HOME Participating Jurisdictions
All HTF Grantees
All ESG-Grantees
All HOPWA (Formula)-Grantees
NOTICE: CPD-24-01
Issued: January 16, 2024
Expires: August 2024
Cross Reference: 24 CFR Part 91
Subject: Guidance on Submitting Consolidated Plans and Annual Action Plans for Fiscal Year (FY) 2024
Purpose:

The purpose of this Notice is to instruct all Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Housing Trust Fund (HTF), Emergency Solutions Grants (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) formula grantees on the timing of submission of FY 2024 Consolidated Plans and Action Plans. Grantees and HOME participating jurisdictions (PJs) should not submit their Plans until the actual grant amounts have been determined and announced by HUD. In addition, this Notice provides:

1. Instructions to grantees/PJs under each of the above programs regarding the application of a waiver and CPD program flexibility to meet the consolidated planning citizen participation requirements for the submission of FY 2024 Consolidated Plans and Action Plans;

2. Instructions to grantees/PJs under each of these programs regarding costs incurred prior to execution of a grant agreement; and

3. Information for Entitlement CDBG grantees and HOME PJs about waivers being made available to certain grantees/participating jurisdictions to assist in the implementation of the pre-award costs instructions.

These provisions apply equally to grantees’ three- to five-year Consolidated Plans as well as to annual Action Plans (either as a stand-alone document or as a component of the overall Consolidated Plan submission).

Packet Page 465
2 Notes regarding applicability:

This Notice uses the term “grantee” generically, to also include HOME PJs, except where the term appears in discussions explicitly limited to one of the other covered funding programs.

Provisions of this Notice covering the Entitlement CDBG program also apply to Insular Area grantees and CDBG non-entitlement county grantees in Hawaii, as the Entitlement CDBG program regulations also apply to their CDBG funds.

Background:

Pursuant to 24 CFR 91.15(a)(1), each grantee should submit its Consolidated Plan to HUD at least 45 days before the start of its program year. The earliest date on which HUD will accept a Consolidated Plan or Action Plan submission for FY 2024 funding is November 15, 2023; and the latest submission deadline is August 16, 2024. Once a fiscal year’s appropriation is enacted, HUD needs time to compute grantees’ allocation amounts for the programs covered by the Consolidated Plan.

According to 24 CFR 91.500(a), a Plan will be deemed approved 45 days after HUD receives the Plan, unless HUD notifies the jurisdiction before that date that the Plan is disapproved.

In past years, HUD typically did not disapprove a Plan solely because it was based on estimated allocation amounts. As a result, a Plan submitted by a grantee before its allocation amounts were announced typically received automatic approval, even though the Plan did not list the grantee’s actual allocation amounts.

This practice resulted in significant additional work for both HUD and grantees. After the actual allocation amounts were announced, a grantee had to submit a revised, re-signed SF-424 form listing the actual allocation amounts for each of its grants. In many cases, the grantee had to make additional changes to amend its Plan to reflect its actual allocation amounts, which may have triggered a substantial amendment under 24 CFR 91.505, depending on the grantee’s citizen participation plan process. For FY 2024, HUD will not execute a grant agreement with a grantee until HUD has received a Plan (or an amended Plan) which incorporates the actual allocation amounts a grantee is to receive for FY 2024. Any Plan submitted without the actual allocation amount(s) or before the date of the allocation announcement will be disapproved by HUD and returned to the grantee.

Procedures for Submission of FY 2024 Consolidated Plans and Action Plans by Grantees with Early Program Year Start Dates:

HUD is issuing the following procedures to govern the submission and review of Consolidated Plans and Action Plans for FY 2024 funding prior to computation of FY 2024 allocation amounts. These procedures will apply to any grantee whose normal Consolidated Plan/Action Plan submission deadline (45 days before the start of the program year) falls either before, or less than 60 days after, the date HUD announces FY 2024 allocation amounts for CDBG, ESG, HOME and HOPWA funding. (See Section II. for a discussion of the timing of HTF allocations.)
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3 To date, Congress has not passed HUD’s FY 2024 appropriation, and the date this appropriation will be made is unknown.

Note: These procedures will not apply to grantees whose normal Consolidated Plan/Action Plan submission deadline is more than 60 days after the HUD announcement of FY 2024 allocation amounts; those grantees should have sufficient time to revise their Plans to match actual allocation amounts prior to the due date for their Plan.

I. Submission Dates for FY 2024 Consolidated Plans/Action Plans for CDBG, ESG,

HOME, HOPWA
Grantees are advised not to submit their Consolidated Plan/Action Plan until after the FY 2024 allocations have been announced. Grantees due to submit a new three- to five-year Consolidated Plan in FY 2024 should refrain from submitting the overall Consolidated Plan as well as the FY 2024 Action Plan contained within the overall document. HUD cannot complete its review of the overall Consolidated Plan components independent of the current year’s Action Plan component. Once HUD informs grantees of their FY 2024 funding allocation amounts, each grantee should, prior to submission, ensure that the actual FY 2024 allocation amounts are reflected in the form SF-424, in the description of resources and objectives, and in the description of activities to be undertaken (or, for states, the method of distribution). It may be necessary for a grantee to revise its Action Plan before submission to HUD.

A grantee whose normal Consolidated Plan/Action Plan submission deadline is less than 60 days from the date that HUD announces FY 2024 allocation amounts may delay submission of its Consolidated Plan or Action Plan to HUD until 60 days after the date allocations are announced.

This delay will give a grantee time to revise its Action Plan to incorporate actual allocation amounts, and to conduct any additional citizen participation, if necessary.

For example, if HUD were to announce the FY 2024 allocation amounts to grantees on February 23, 2024:
 For grantees with January 1 - April 1 program year start dates, their normal plan submission date would have been before the date that HUD announced allocation amounts. These grantees would be able to postpone submission of their Consolidated Plan/Action Plan until April 23, 2024.
 For grantees with May 1- June 1 program year start dates, their normal Plan submission date would be later than 60 days after HUD’s announcement of allocation amounts. These grantees would also be able to postpone submission of their Consolidated Plan/Action Plan until April 23, 2024.
 Grantees with July 1 - October 1 program year start dates would have more than 60 days between the date of announcement of allocations and the normal submission deadline for their Consolidated Plan/Action Plan. These grantees would be expected to submit their Plan on time.

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4 The regulations, at 24 CFR 91.15(a)(1), state that “...each jurisdiction should submit its Consolidated Plan at least 45 days before the start of its program year.” HUD has determined that it is not necessary to waive this provision in order to implement the procedures in this Notice for FY 2024 Action Plans. This provision does not prohibit a grantee from submitting a Plan in the eCon Planning Suite after that time. It is not necessary for an affected grantee to request an exception to its normal Action Plan submission date under 24 CFR 91.15(a)(1), nor is it necessary for a field office to grant an exception to the Action Plan submission deadlines, under 24 CFR 91.20, in order to implement the procedures in this Notice.

Under no circumstances, however, may a Consolidated Plan/Action Plan be submitted to HUD later than August 16, 2024. Failure to submit an Action Plan for FY 2024 by August 16, 2024, will result in the automatic loss of FY 2024 CDBG funds to the grantee. This requirement is established by statute, and HUD cannot waive the August 16 submission deadline. Funding under other CPD formula programs is not subject to this deadline but, since virtually all CPD formula grantees receive CDBG funding, the CDBG submission requirement effectively establishes the deadline for submission of Action Plans.

II. Submission Process for the Housing Trust Fund (HTF) Program HTF is an affordable housing production program to increase and preserve the supply of decent, safe, and sanitary affordable housing for extremely low-income and very low-income families. (See 24 CFR Part 93). HTF is a formula grant program for States, as defined in 24 CFR

93.2. The HTF regulation at 24 CFR 93.100 requires each State to include its HTF allocation plan in its Consolidated Plan or annual Action Plan, in accordance with 24 CFR Part 91. The regulation at 24 CFR 91.320(k)(5) provides the requirements for the HTF allocation plan, including the requirement that the plan describe the method for the distribution of the HTF funds and establish the application requirements and criteria for selecting applications. Further, pursuant to 24 CFR

91.220(l)(5), a local jurisdiction that receives a subgrant of HTF funds from the HTF grantee must include a HTF allocation plan in its annual Action Plan. The local jurisdiction’s HTF allocation plan must describe the distribution of the HTF funds and establish the application requirements and criteria for the selection of applications submitted by eligible recipients that meet the local jurisdiction's priority housing needs. Due to the timing of the publication of HTF allocations and the selection process of HTF grantees, the local jurisdiction may need to amend its annual Action Plan to include a HTF allocation plan.

The timing of the HTF allocations is different from other CPD formula programs (CDBG, HOME, HOPWA, and ESG) because the source of funding is through mandatory set-aside amounts from the Federal National Mortgage Association (“Fannie Mae”) and Federal Home Loan Mortgage Corporation (“Freddie Mac”) rather than Federal appropriations. The earliest HUD expects to publish the HTF allocations is April 2024. If HTF allocations are not published before a State submits its Consolidated Plan/Action Plan, a State may submit its Consolidated Plan/Action Plan for the other CPD formula programs, then submit its HTF allocation plan as a substantial amendment to its annual Action Plan after the HTF allocations are published.

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5 III. HUD Review of Consolidated Plans/Action Plans
HUD will review a Consolidated Plan/Action Plan in accordance with 24 CFR 91.500(b).

The 45-day review period will begin whenever the eCon Planning Suite submission or original executed SF-424, certifications and applicable assurances (i.e., the SF-424D) are received by the field office, whichever is later. HUD will disapprove as substantially incomplete any Consolidated Plan or Action Plan covering FY 2024 funding that does not reflect actual CDBG, HOME, ESG and HOPWA allocation amounts on the form SF-424(s), in the description of resources and objectives, and in the description of activities to be undertaken (or, for states, the method of distribution). A grantee whose Action Plan is disapproved for this reason is advised to resubmit a revised Plan after HUD has announced the actual FY 2024 allocation amounts, and after the grantee has incorporated the actual allocation amounts into its Plan. The HTF allocation must be included if the HTF allocations are published before the grantee submits its Consolidated Plan or Action Plan. (See Section II.).
24 CFR 91.500(b) states that HUD may disapprove a Plan or a portion of a Plan if it is inconsistent with the purpose of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12703), if it is substantially incomplete, or, in the case of a CDBG certification under §91.225(a) and (b) or §91.325(a) and (b), if it is not satisfactory to the Secretary in accordance with §570.304, §570.429(g), or §570.485(c). The following are examples provided in §91.500(b) of substantially incomplete Plans:
(1) A Plan developed without the required citizen participation or the required consultation;
(2) A Plan that fails to satisfy all the required elements in 24 CFR Part 91, as reflected in the eCon Planning Suite. This includes when the grantee has not provided a final statement of community development objectives and the projected use of funds; (3) A Plan for which a certification is rejected by HUD as inaccurate, after HUD has inspected the evidence and provided due notice and opportunity for comment; and (4) A Plan without a description of the manner in which the unit of general local government or state will provide financial or other assistance to a public housing agency if the public housing agency is designated by HUD as “troubled.” 24 CFR 91.500(d) states that “(t)he jurisdiction may revise or resubmit a Plan within 45 days after the first notification of disapproval.” HUD has determined that it is not necessary to waive this provision in order to implement the procedures in this Notice for FY 2024 Consolidated Plans/Action Plans. This provision does not prohibit a grantee whose application was disapproved from re-submitting a Plan after that time period.
24 CFR 91.105(c), 91.115(c) and 91.505 require a grantee to comply with citizen participation requirements when it undertakes a substantial amendment to an approved Plan. A Plan that has been disapproved by HUD is, by definition, not an approved Plan. When a grantee’s Plan is disapproved by HUD, the Consolidated Plan regulations do not require a grantee to undertake further citizen participation on the changes the grantee makes before re-submitting the Plan. A major exception to this, however, would be if the reason for disapproval involved the grantee’s Packet Page 469
6 failure to fulfill citizen participation requirements. 24 CFR 91.500(b) identifies a plan that was developed without the required citizen participation or the required consultation as an example of a consolidated plan that is considered substantially incomplete. However, as noted in this Notice, there are circumstances in which a grantee may need to make major revisions to a disapproved Plan, which could trigger further citizen participation efforts. A grantee with a disapproved Plan should review its citizen participation plan and local policies to determine whether it will need to conduct further citizen participation as a result of the changes it makes to incorporate actual allocation amounts into its Plan, prior to re-submission of the revised Plan.

IV. Development of Proposed Action Plans and Citizen Participation During the Interim The consultation requirements outlined at 24 CFR 91.100 require grantees to consult with organizations that represent protected class members, as well as those that enforce fair housing laws and public housing authorities. A grantee has several options regarding fulfilling its citizen participation obligations while waiting for HUD to announce FY 2024 allocation amounts:
a. A grantee may conduct citizen participation on its draft Plan (with estimated funding amounts) according to its normal timetable and citizen participation procedures.

HUD cautions grantees that the expedited citizen participation procedures detailed in Federal Register Notice FR-6218-N-01, Program Rules, Waivers, and Alternative Requirements Under the CARES Act for Community Development Block Grant Program Coronavirus Response Grants, Fiscal Year 2019 and 2020 Community Development Block Grants, and for Other Formula Programs, and elsewhere are no longer available. Citizens must be given 30 days to comment on the FY 2024 Consolidated Plans, Action Plans and substantial amendments to those Plans.

A grantee pursuing this option should make clear that the funding levels shown in the draft Plan are estimated amounts. In addition, the grantee should include “contingency provision” language in its Action Plan which explains how it will adjust its proposed Plan to match its actual allocation amounts, once actual amounts become known. By including such contingency language, a grantee can avoid the need to make significant revisions to its Plan (beyond incorporating the final allocation amounts into the Plan and the SF-424 form). The grantee may also avoid the potential need to conduct additional citizen participation on a Plan that has to be significantly revised in order to reflect actual allocation amounts.

Examples of contingency provisions include:
 A Plan could state that all proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.  A grantee could express its budget in terms of percentages of the allocation to be budgeted to each planned activity, along with the grantee’s current estimate of how many dollars that equates to for each activity. [For example, regardless of what the final allocation amounts are, the United Interfaith Street Outreach Program will receive 22 percent (currently estimated to be approximately $38,000) of the grantee’s total ESG allocation, and the Tenant-Based Rental Assistance activity will receive 10 percent (currently estimated to be Packet Page 470
7 about $68,750) of the HOME allocation.]
 A Plan could state that any increase or decrease in funding to match actual allocation amounts will be applied to one or more specific activities (e.g., any increase or decrease relative to the grantee’s estimated allocation amount will be applied to the single-family housing rehabilitation grant program).
 A Plan could list its proposed activities in priority order and indicate that the East Side Sidewalk Replacement activity listed in the plan is a “backup” activity that will be funded only if sufficient CDBG funding exists; or conversely, if the grantee’s actual allocation is less than estimated, the East Side Sidewalk Replacement activity will not be funded in FY 2024.
 A Plan could state that, should the actual allocation amount exceed the grantee’s estimate, the grantee will increase the Uptown Sewer Separation activity budget and will extend the service area block-by-block along the 600-900 blocks of Cherry Street, based on the amount of additional funding available.

A grantee may include these or other comparable provisions singly or in any combination to meet its needs. A grantee may adopt a different contingency approach for each of the programs covered by this Notice (CDBG, ESG, HOME, HOPWA and HTF). b. Alternatively, a grantee may prepare a proposed Action Plan according to its normal timetable, but wait until actual allocation amounts are known before undertaking citizen participation actions. Once allocation amounts are announced by HUD, the grantee will need to update relevant sections of its Plan (such as the listings of resources and objectives, and the description of activities or the state’s method of distribution) to reflect actual allocation amounts before conducting citizen participation. All grantees intending to incur pre-award costs under the programs covered by this Notice should be aware that this option will not be available to them, as citizen participation requirements must be met before pre-award costs are incurred. (See Section V. below.) HUD has developed these procedures to minimize disruption to grantees and to minimize duplication of effort by grantees. A grantee that does not follow either option a. or b. above (i.e., the grantee undertakes citizen participation according to its normal timetable, based solely on estimated funding levels, and the Plan does not contain any contingency language on how the final Plan will be adjusted to match actual allocation amounts) runs the risk of increasing its own work obligations and costs. The grantee will still be required to update its Plan to incorporate actual allocation amounts before submission to HUD. Depending on the requirements contained within the grantee’s citizen participation plan, the grantee may need to undertake additional publication and citizen participation processes based on the difference between its actual allocation amounts and the estimated amounts in its proposed Action Plan, and based on how the grantee plans to adjust its proposed activities in order to match its actual allocation amounts. Local policies and procedures may also require the grantee to obtain re-approval of the revised Plan from its legislative body or authorizing officials.

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8 A draft Plan that has not yet been submitted to HUD is not an approved Plan. A draft Plan must be revised in accordance with the grantee’s citizen participation requirements, which may not be the same as a grantee’s citizen participation requirements for a substantial amendment to an approved Plan. A grantee that delays its Plan submission should review its citizen participation plan and local policies to determine whether it will need to conduct further citizen participation as a result of the changes it makes to incorporate actual allocation amounts into its Plan, prior to its submission.

States and Entitlement communities that also administer CDBG disaster recovery (CDBGDR) and CDBG mitigation (CDBG-MIT) grants are advised to consult the applicable Federal Register notices that require the incorporation of these grants into Consolidated Plans within a specified period following the award of these grants. Grantees should consult guidance on this process here: https://www.hud.gov/program_offices/comm_planning/cdbg-dr/news/consolidatedplan-updates-2022-02.

V. Pre-Award Costs
A. General Provisions Applicable to All Consolidated Plan Programs Special attention must be paid to situations in which a grantee wishes to incur costs prior to grant award. For example, under certain programs, a grantee may want to execute annual renewals of agreements with social service providers in order to prevent interruption of social services. The annual performance cycle of these agreements might normally begin after the grantee’s official program year start date but, under this Notice the grantee cannot even submit its Action Plan until after the date that the agreements need to be executed. Thus, the timing instructions in this Notice may cause some program costs to be classified as pre-award costs where they would otherwise not have been.

The government-wide Uniform Administrative Requirements, Cost Principles and Audit Requirements regulation, at 2 CFR Part 200, contains language concerning agency approval of preaward costs. The language at 2 CFR 200.458 applies to any program that does not have its own separate provisions concerning authorization of pre-award costs:
§ 200.458. Pre-award costs. Pre-award costs are those incurred prior to the effective date of the Federal award or subaward directly pursuant to the negotiation and in anticipation of the Federal award where such costs are necessary for efficient and timely performance of the scope of work.

Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the Federal award and only with the written approval of the Federal awarding agency. If charged to the award, these costs must be charged to the initial budget period of the award, unless otherwise specified by the Federal awarding agency or pass-through entity.

The ESG, HOPWA and HTF program regulations do not contain program-specific language establishing pre-award cost requirements for those programs; the CDBG and HOME program regulations do contain pre-award cost requirements unique to those programs. (However, the HOME requirements apply only to certain types of pre-award costs.) The following guidance applies to all five programs. Additionally, guidance unique to each separate program is provided Packet Page 472
9 below.

The 24 CFR Part 91 Consolidated Plan regulations make distinctions between “a proposed Plan” and “a Plan.” Most notably, 24 CFR 91.105(b) and 91.115(b) describe the citizen participation requirements for a grantee’s proposed Plan. For purposes of this Notice regarding preaward costs, HUD considers a grantee’s Plan to have moved from being “a proposed Plan” to being “a Plan” once a grantee has completed the publication, public hearing and public comment requirements at 24 CFR 91.105(b)(2), (3) and (4) or 91.115(b)(2), (3) and (4), and has developed its written summary of comments received pursuant to 24 CFR 91.105(b)(5) or 91.115(b)(5).

To minimize additional workload on grantees and HUD field offices, this Notice establishes the following procedures implementing the 2 CFR 200.458 requirements cited above. This Notice provides conditional HUD approval of pre-award costs, contingent on the availability, requirements, and authorized uses of FY 2024 appropriations, if and when the following actions have been completed and documented by the grantee:

1. The grantee documents that the costs incurred prior to grant award are necessary for efficient and timely performance of the activity in question.

2. The grantee documents that the costs are for eligible activities under the regulations for the applicable funding program;

3. The grantee documents that it has complied with all other requirements for pre-award costs under the regulations for the applicable funding program or as described below;

4. The activity for which costs will be incurred is included in a Consolidated Plan/Action Plan;

5. The grantee documents completion of its citizen participation process by including in its files a written, dated summary of citizen participation comments received on its Plan, pursuant to 24 CFR 91.105(b)(5) or 91.115(b)(5) as applicable; For CDBG, HOME, ESG, and HOPWA grantees, before committing to use funds to reimburse each pre-award cost, the recipient must either make a written determination that the preaward cost is for an activity that is exempt from environmental review or categorically excluded and not subject to review under related environmental laws and authorities under 24 CFR Part 58 or verify that the applicable environmental review has been completed and a Request for Release of Funds has been approved in accordance with 24 CFR Part 58, if applicable. Environmental regulations at 24 CFR 58.22 prohibit recipients and any other participant in the development process from committing HUD funds to a project until the environmental compliance review process has been successfully completed and until receipt of the Authority to Use Grant Funds, if applicable. In addition, until the environmental compliance review process has been successfully completed and until receipt of the Authority to Use Grant Funds, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity or project if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives.

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10 If the grantee’s files contain all other necessary documentation supporting the costs (described below for each program), the date of HUD approval for pre-award costs is the date of the written summary of citizen participation comments, or the grantee’s program year start date, whichever is later.

Note: Pre-award costs are incurred at the grantee’s own risk because reimbursement is contingent upon the availability of appropriated funds for FY 2024 in addition to the applicable conditions in this Notice. Any commitments or expenditures incurred by the grantee in excess of the funds provided by the grant and authorized under the applicable FY 2024 appropriations law would be the responsibility of the grantee to pay out of non-federal funds.

B. Specific Provisions: Entitlement CDBG Program
The Entitlement CDBG program regulations specify, at 24 CFR 570.200(h), the situations under which a grantee may be reimbursed for costs incurred prior to the effective date of its grant agreement. The provisions of this Notice will affect how grantees comply with the pre-award cost reimbursement requirements.

1. 24 CFR 570.200(h) defines the effective date of a grantee’s agreement as the grantee’s program year start date or the date that the Consolidated Plan/Action Plan is received by HUD (whichever is later). Under the provisions of this Notice, a grantee’s Plan may not be submitted to (and thus received by) HUD until several months after the grantee’s program year start date. This may negatively affect grantees’ ability to incur pre-award costs.

Therefore, to assist affected grantees with pre-award costs, HUD has waived 24 CFR 570.200(h) in accordance with the attached memorandum (ATTACHMENT) to allow the effective date of a grantee’s FY 2024 grant agreement to be the earlier of the grantee’s program year start date or the date that the Consolidated Plan/Action Plan (with actual allocation amounts) is received by HUD. This waiver is applicable to any Entitlement CDBG grantee seeking to incur pre-award costs, whose Action Plan submission is delayed past the normal submission date in accordance with the terms of this Notice. An affected community applying this waiver shall document in writing the conditions giving rise to the need to use this waiver and maintain the documentation for HUD’s review. Grantees’ authority to make use of this waiver is only in effect until August 16, 2024, as that is the last date that a grantee may submit its FY 2024 Action Plan.

2. 24 CFR 570.200(h)(1)(i) requires that the activity for which the costs will be incurred must be included in a Consolidated Plan/Action Plan prior to the costs being incurred; grantee compliance with steps 4 and 5 under the general pre-award cost provisions stated in paragraph V.A. above will meet that requirement. However, grantees must also comply with §570.200(h)(1)(ii), which further specifies that the Plan must advise citizens of the extent to which the pre-award costs will affect future grants. CDBG grantees intending to incur pre-award costs are cautioned that option b. described in Section IV above is not likely to be a feasible alternative for them. HUD advises any Packet Page 474
11 Entitlement CDBG grantee intending to incur pre-award costs to follow the process described in Section IV. a. above; in doing so, the grantee will need to ensure that it has met the citizen participation and notification requirements above.

3. Pursuant to §570.200(h)(1)(iii) and §570.604, the costs and corresponding activities must comply with the environmental review requirements at 24 CFR Part 58.

C. Specific Provisions: HOME Program
The HOME regulations specify situations under which a grantee may be reimbursed for costs incurred prior to the effective date of its grant agreement. The provisions of this Notice will affect how grantees comply with the pre-award cost reimbursement requirements.

1. 24 CFR 92.212(b) defines the effective date for incurring administrative and planning costs to be charged to the HOME allocation as the beginning of the PJ’s consolidated program year or the date that the Consolidated Plan is received by HUD (whichever is later). In order to account for the delay in Federal appropriations, this Notice allows impacted PJs to postpone the submission of their Action Plans until several months after their program year start dates. This may negatively affect a PJ’s ability to incur planning and administrative pre-award costs. Therefore, HUD has waived 24 CFR 92.212(b) to the extent necessary to permit eligible pre-award costs to be incurred as of the beginning of the program year or the date the consolidated plan describing the HOME allocation to which the costs will be charged is received by HUD, whichever is earlier.

2. Attachment A contains the HUD memorandum authorizing this waiver. This waiver is applicable to any HOME PJ seeking to incur pre-award administrative and planning costs, whose Action Plan submission is delayed past the normal submission date because of the delayed enactment of FY 2024 appropriations for the Department. An affected PJ applying this waiver shall document in writing the conditions giving rise to the need to use this waiver and maintain the documentation for HUD’s review. A PJ’s authority to make use of this waiver is only in effect until August 16, 2024, as that is the last date that a grantee may submit its FY 2024 Action Plan.

3. Pursuant to 24 CFR 92.212(a) and 24 CFR 92.352, the costs and corresponding activities must comply with HOME requirements, including the environmental review requirements at 24 CFR Part 58.

D. Additional Provisions: ESG Program
An ESG grantee may be reimbursed for costs incurred before the Period of Performance of its FY 2024 grant, subject to the general conditions described in Section V.A., above, plus the following conditions:

1. The costs and corresponding activities must comply with the ESG Program regulations at 24 CFR Part 576.

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12 2. The costs and corresponding activities must comply with environmental review requirements. In accordance with these requirements and section 100261(3) of the MAP-21 Act, 24 CFR 576.407(d) does not apply. Recipients assume environmental review responsibilities under 24 CFR Part 58.

E. Additional Provisions: HOPWA Program
A HOPWA formula grantee may be reimbursed for costs incurred before the Period of Performance of its FY 2024 grant, subject to the general conditions described in Section V.A., above, plus the following conditions:

1. The costs are incurred for eligible activities undertaken in accordance with HOPWA program regulations at 24 CFR Part 574.

2. The costs and corresponding activities must comply with environmental review requirements at 24 CFR 574.510 and 24 CFR Part 58.

F. Additional Provisions: HTF Program
HTF grantees may be reimbursed for pre-award costs permitted under 2 CFR 200.458 for planning activities and preparation of the HTF allocation plan. Eligible pre-award costs may include the cost of public hearings, consultations, and publication of public notices, as well as developing program guidelines. Such costs must be necessary for efficient and timely performance of the HTF program. Pre-award costs may not exceed five percent of the minimum statutory allocation amount of $3 million. The costs and corresponding activities must comply with all HTF requirements, including environmental review requirements at 24 CFR 93.301(f).

VI. Applicability of This Notice to Future Years
This Notice applies only to Consolidated Plans/Action Plans submitted for FY 2024 funding. HUD anticipates revising the Consolidated Plan regulations (and other related regulations) to explicitly include, as a basis for disapproval of a Plan, that a Plan does not contain and reflect a grantee’s actual allocation amount. For further information on potential rulemaking in this area, see HUD’s June 3, 2015, Federal Register Notice (80 FR 31538). That document solicited public comments on possible amendments to the Consolidated Plan regulations and the CDBG Entitlement regulations to effect such a change. See Sections II.B.1., II.B.2 and II.B.7 of the Notice, pages 31544 and 31546. (Please note, however, that the public comment period for that Federal Register Notice has closed.)
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13 For further information:

Grantees with questions concerning this Notice should direct their inquiries to their local HUD Field Office Community Planning and Development Division. Field Offices should direct their questions to the following individuals at the applicable Headquarters program office:

For the Office of Block Grant Assistance, Gloria Coates at [email protected] for the Entitlement CDBG program or Robert Peterson at [email protected] for the State CDBG program;
for the Office of Affordable Housing Programs, Jessica Suimanjaya at [email protected] or Diane Thompson at [email protected]; for the Office of Special Needs Assistance Programs, Karen Deblasio at [email protected]; and
for the Office of HIV/AIDS Housing at Jeffrey Kiemen [email protected] or [email protected]

ATTACHMENT
Availability of Waivers of Community Planning and Development Grant Program Requirements to Facilitate the Ability to Incur Pre-Award Costs in FY 2024 Packet Page 477
* * U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT l II I WASHINGTON, DC 204 10?000

PRINCIPAL DEPUTY ASSISTANT SECRETARY
FOR COLflINITY PLANNING AND DEVELOPMENT
MEMORANDUM FOR: All Community Planning and Development
Field Office Division Directors
//l/ 13
FROM: Marion McFadden, Principal Deputy Assistant Secretary, D SUBJECT: Availability of a Waiver of Community Planning and Development Grant Program Requirements to Facilitate the Ability to Incur Pre-Award Costs in FY 2024
PURPOSE:

This memorandum explains the availability of waivers of certain regulatory requirements associated with two Community Planning and Development (CPD) grantprograms to facilitate the continuation of eligible activities and ongoing planning and administrative costs due to a delay by HUD in the receipt of annual appropriations for FY 2024.

This memorandum covers the following CPD programs:
• Community Development Block Grant (CDBG), and
• HOME Investment Partnerships (HOME)
BACKGROUND:

HUD is issuing procedures to govern the submission and review of action plans for FY 2024 funding prior to the enactment of a FY 2024 appropriation bill. Grantees are advised not to submit a consolidated plan or action plan until the FY 2024 formula allocations have been announced. However, an action plan must be submitted to HUD no later than August 16, 2024.

The delay in the receipt of annual appropriations by HUD and implementation of these procedures for FY 2024 may have negative consequences for CDBG and HOME grantees thatintend to incur eligible costs prior to the award of FY 2024 funding. Some activities might otherwise be interrupted, and grantees might not otherwise be able to use CDBG or HOME funds for planning and administrative costs of administering their programs. www.hud.gov espanol.hud.gov
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2 NOTIFICATION PROCESS:

This waiver will apply to any Entitlement, Insular or Hawaii non-entitlement CDBG grantee and to any HOME participating jurisdiction whose program year start date for FY 2024 funding occurs during the period starting January 1, 2024, and ending October 1, 2024, or 60 days after HUD announcement of FY 2024 allocation amounts for formula program funding(whichever comes first). This waiver is available for use by any applicable CDBG grantee or HOME participating jurisdiction whose action plan submission is delayed past the normal submission date because of delayed enactment of FY 2024 appropriations for the Department.

Any affected grantee taking advantage of this waiver shall document in writing the conditionsgiving rise to the need to use this waiver and shall maintain such documentation for HUD’s review. This waiver authority is only in effect until August 16, 2024.WAIVER AUTHORITY:

Without this waiver, some activities might be interrupted while implementing these procedures. In addition, grantees might not otherwise be able to use CDBG and HOME fundsfor ongoing planning and administrative costs of administering their programs. To addresscommunities’ needs and to ensure that programs can continue without disturbance, I find that good cause exists pursuant to 24 CFR 5.110 to waive the CPD program regulatory requirements set forth below.

WAIVER AVAThABIIJTY:

1. Pre-award Costs
Requirement: For CDBG, the effective date of the grant agreement is the program year start date or the date that the consolidated plan is received by HUD, whichever is later.

These dates determine when a grantee may incur pre-award costs. For HOME,eligible administrative and planning costs may be incurred as of the beginning ofthe program year or the date the consolidated plan describing the HOME allocation to which the costs will be charged is received by HUD, whichever is later.

Citations: 24 CFR 570.200(h) (Entitlement CDBG program, the Insular Areas CDBG program, and for grants to non-entitlement counties in Hawaii) and 24 CFR 92.2 12(b) (HOME participating jurisdictions)
Explanation: The waiver of 24 CFR 570.200(h) will allow a grantee to treat the effective date of the grant agreement as the program year start date or the date that the consolidated plan/action plan (with actual allocation amounts) is received by HUD, whichever is earlier. HUD waives 24 CFR 92.2 12(b) to the extentnecessary to permit eligible administrative and planning pre-award costs to be incurred as of the beginning of the program year or the date the consolidatedplan describing the HOME allocation to which the costs will be charged isreceived by HUD, whichever is earlier.

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Justification: HUD recognizes that some activities may be interrupted, and grantees and participating jurisdictions might not otherwise be able to use CDBG and HOME funds for eligible pre-award costs without this waiver.

Applicability: This waiver is in effect until August 16, 2024, and is transmitted with the “Guidance on Submitting Consolidated Plans and Annual Action Plans for Fiscal Year (FY) 2024.”
Finally, I want to express my appreciation for your efforts to support the timely and effective use of CPD funds. Thank you.
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CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that:

Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing.

Uniform Relocation Act and Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs.

Anti-Lobbying --To the best of the jurisdiction's knowledge and belief:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and

3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations.

Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction’s consolidated plan.

Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 75.

Signature of Authorized Official Date
Title
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Specific Community Development Block Grant Certifications The Entitlement Community certifies that:

Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105.

Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (i.e., the development of viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570.

Following a Plan -- It is following a current consolidated plan that has been approved by HUD.

Use of Funds -- It has complied with the following criteria:

1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDBG Certification).

2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) _________________________[a period specified by the grantee of one, two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period.

3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements.

However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds.

In addition, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.

Excessive Force -- It has adopted and is enforcing:

1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and

2. 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 its jurisdiction.

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Compliance with Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations.

Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R.

Compliance with Laws -- It will comply with applicable laws.

Signature of Authorized Official Date
Title
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OPTIONAL Community Development Block Grant Certification Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified in 24 CFR 570.208(c):

The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBGassisted activities which are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs.

Signature of Authorized Official Date
Title
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Specific HOME Certifications
The HOME participating jurisdiction certifies that:

Tenant Based Rental Assistance -- If it plans to provide tenant-based rental assistance, the tenant-based rental assistance is an essential element of its consolidated plan.

Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR §§92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in §92.214.

Subsidy layering -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature of Authorized Official Date
Title
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Emergency Solutions Grants Certifications
The Emergency Solutions Grants Program recipient certifies that:

Major rehabilitation/conversion/renovation – If an emergency shelter’s rehabilitation costs exceed 75 percent of the value of the building before rehabilitation, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation.

If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion.

In all other cases where ESG funds are used for renovation, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation.

Essential Services and Operating Costs – In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter, the recipient will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure, so long the recipient serves the same type of persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or persons in the same geographic area.

Renovation – Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary.

Supportive Services – The recipient will assist homeless individuals in obtaining permanent housing, appropriate supportive services (including medical and mental health treatment, victim services, counseling, supervision, and other services essential for achieving independent living), and other Federal State, local, and private assistance available for these individuals.

Matching Funds – The recipient will obtain matching amounts required under 24 CFR 576.201.

Confidentiality – The recipient has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter.

Homeless Persons Involvement – To the maximum extent practicable, the recipient will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, in providing services assisted under the ESG program, and in providing services for occupants of facilities assisted under the program.

Consolidated Plan – All activities the recipient undertakes with assistance under ESG are consistent with its consolidated plan.

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Discharge Policy – The recipient will establish and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons.

Signature of Authorized Official Date
Title
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Housing Opportunities for Persons With AIDS Certifications The HOPWA grantee certifies that:

Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources.

Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the consolidated plan:

1. For a period of not less than 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility,

2. For a period of not less than 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure.

Signature of Authorized Official Date
Title
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APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION:

Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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