HomeMy WebLinkAbout15 - Community Development Block Grant - 2022-2023 Annual Action PlanQ �EwPpRT
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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
April 26, 2022
Agenda Item No. 15
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Lauren Wooding Whitlinger, Real Property Administrator,
Iwooding@newportbeachca.gov
PHONE: 949-644-3236
TITLE: Resolution No. 2022-26: Community Development Block Grant —
2022-2023 Annual Action Plan
ABSTRACT:
Each year, in compliance with the U.S. Department of Housing and Urban Development
(HUD) regulations, the City of Newport Beach (City) prepares a grant application in the
form of an Action Plan outlining how Community Development Block Grant (CDBG) funds
will be used in the community. The plan implements strategies adopted in the City's 2020-
2024 Consolidated Plan, and the 2022-2023 Action Plan will allocate approximately
$391,662 of CDBG funds to specific programs and projects. For the City Council's
consideration are the specific programs and funding proposed for fiscal year 2022-2023.
RECOMMENDATION:
a) Conduct a public hearing to receive comments on the Annual Action Plan;
b) Find the approval of the 2022-2023 Annual Action Plan exempt from the National
Environmental Policy Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34;
c) Find the approval of the 2022-2023 Annual Action Plan exempt from the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and Section 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly;
d) Adopt Resolution No. 2022-26, A Resolution of the City Council of the City of Newport
Beach, California, Approving the 2022-2023 Annual Action Plan for Allocation of the
Federal Community Development Block Grant Program Funds for Fiscal Year 2022-
2023; and
15-1
Resolution No. 2022-26: Community Development Block Grant —
2022-2023 Annual Action Plan
April 26, 2022
Page 2
e) Authorize the City Manager to:
i. Proportionally adjust appropriations to specific programs and projects as
necessary to conform with the final 2022-2023 formula grant allocation of
CDBG funds from HUD if the appropriation is more or less than $391,662;
ii. Submit the 2022-2023 Annual Action Plan to HUD;
iii. Execute the 2022-2023 CDBG Program Grant Agreement and all related
documents on behalf of the City of Newport Beach;
iv. Execute all sub -recipient agreements with the non-profit organizations
receiving allocations of CDBG funds in the 2022-2023 Action Plan; and
V. Authorize the Community Development Director, or his designee, to be the
official representative of the City of Newport Beach, administer the 2022-2023
Annual Action Plan and submit required environmental documentation to HUD
for CDBG projects.
DISCUSSION:
The City receives a formula grant allocation of CDBG funds each year from the federal
government, a program run by HUD. The objective of the CDBG program is to develop
viable urban communities by providing decent housing and a suitable living environment,
and by expanding economic opportunities, principally for low- and moderate -income
persons. CDBG is authorized under Title I of the Housing and Community Development
Act of 1974. CDBG funds may be used for a wide variety of programs, services and
facilities improvements, including but not limited to:
■ Community and senior services
■ Fair housing enforcement and landlord/ tenant mediation
■ Homeless prevention and domestic violence programs
■ Public facilities and infrastructure improvements
■ Disabled (ADA) accessibility improvements
■ Housing programs
■ Section 108 loan payments
Since July 1, 1989, the City of Newport Beach has received total direct allocation of
approximately $14.8 million of CDBG funds from HUD with annual allocations ranging
from a low of $319,676 in 2017, to a high of $534,000 in 1995. The 2022-2023 formula
grant allocation is anticipated to be approximately $391,662.
According to CDBG regulations, the City may spend up to 20 percent of the annual
formula grant allocation of CDBG funds for program administration and 15 percent for
community services such as senior meal delivery, senior services or homeless prevention
programs. The remaining amount of funding may be used for projects such as street and
sidewalk improvements, disabled accessibility improvements, public facilities
improvements such as the construction or rehabilitation of park and recreational facilities
provided the projects meet applicable CDBG regulations and national objectives.
15-2
Resolution No. 2022-26: Community Development Block Grant —
2022-2023 Annual Action Plan
April 26, 2022
Page 3
Each year, the City uses a portion of the funds reserved for program administration to
comply with Fair Housing Act requirements and make fair housing enforcement and
landlord/tenant mediation services available to the community. These services have been
provided free of cost to Newport Beach residents by the Fair Housing Foundation since
2011.
On January 15, 2022, the City published a Notice of Funding Availability (NOFA) in the
Daily Pilot newspaper and City website, to announce the availability of CDBG funds and
solicit proposals from tax-exempt, nonprofit organizations that provide eligible CDBG
services or projects that benefit Newport Beach residents.
In response to the NOFA, four nonprofit organizations submitted applications for CDBG
grants. In consideration of the funding available, the amount of funding requested, past
performance, anticipated benefit to Newport Beach residents, and City priorities, staff
recommends program/project funding levels in the Action Plan as follows:
Category
Requested Recommended
Public Services subject to 15% grant cap)
Limit of $58,749
Age Well Senior Services: Home Delivered Meals
$30,000
$30,000
Families Forward: Housing Program
$20,000
$16,000
Newport Beach: City Motel Voucher Program
$0
$12,749
Administration (subject to 20% grant cap)
Limit of $78,332
CDBG Program Administration
$66,332
$66,332
Fair Housing Foundation: Fair Housing Services
$12,000
$12,000
Fair Housing Council of OC
$11,250
$0
Capital Projects
$254,581
Section 108 Loan Repayment
$210,548
$210,548
Homeless Shelter: Modifications to Shelter (Costa
Mesa)
$0
$44,033
Homeless Shelter: Modifications to Shelter (Costa
Mesa) (*carry forward from prior fiscal years)
$0
$55,967
Total
$350,130
$447,629
The Action Plan, found in the draft resolution (Attachment A), describes each program. In
consideration of the amount of public service funding available and the amount of public
service funding requested, staff did not recommend funding the new fair housing services
provider, Fair Housing Council of Orange County, because there was not a significant
advantage to changing service providers, the current vendor provides high quality
services to residents of Newport Beach, and the past level of performance of the existing
service provider was a key factor considered by the staff committee tasked with reviewing
applications and formulating funding recommendations for City Council consideration.
Historically, the existing service provider has successfully accomplished its annual
performance goals.
15-3
Resolution No. 2022-26: Community Development Block Grant –
2022-2023 Annual Action Plan
April 26, 2022
Page 4
With the proposed funding levels shown in the table above, Age Well Senior Services
plans to serve approximately 100 Newport Beach residents during the 2022-2023 fiscal
year; the agency's focus on serving meals to homebound senior citizens, who make up
approximately 24 percent of Newport Beach's population, was especially critical during
the COVID-19 pandemic. Families Forward plans to serve approximately 15 unduplicated
Newport Beach residents with the proposed funding level and will provide services to
families to address homelessness. Staff also recommends allocating funding to
supplement the City's motel voucher program - part of the City's ongoing efforts to
address homelessness – for which funding will provide approximately 10 individuals with
short-term lodging while working to address their long-term housing and service needs.
Lastly, under the Capital Projects category, with a payment of $210,548 in August 2022,
the Section 108 Loan will be fully repaid. Staff also recommends $100,000 be allocated
to the City's financial obligations related to modification and improvements at the
temporary homeless bridge shelter in Costa Mesa. The proposed amount includes
$48,497 in unspent funds carried forward from the 2021-2022 fiscal year, $44,033 in
2022-2023 Capital Project funding, and $7,470 in prior years' funding. No modifications
or improvements to the shelter have been required yet. The $100,000 allocation for the
bridge shelter may be carried forward if not spent during this planning period. Each of
the programs/projects recommended above are contemplated within the Strategic Plan
priorities of the 2020-2024 Consolidated Plan.
On March 26, 2022, staff published a notice in the Daily Pilot informing the general public
that the City of Newport Beach had prepared the Draft 2022-2023 Annual Action Plan.
The notice also indicated the plan would be available for review and comment until April
26, 2022. The public has been provided an opportunity to provide oral and/or written
comments on the proposed activities included in the Draft 2022-2023 Annual Action Plan.
At the time this report was prepared, no public comments had been received. Additionally,
the current Citizen Participation Plan requires that a public hearing be held to receive
testimony from interested residents or parties regarding the Action Plan. The April 26,
2022, public hearing fulfills this requirement.
CARES Act Funding Update
Under the 2020 federal stimulus plan — Coronavirus Aid, Relief, and Economic Security
Act (CARES Act), the City received two additional CDBG funding allocations from HUD
totaling $960,403. Under a Substantial Amendment to the 2020-2021 Annual Action Plan,
an economic development grant program was approved by City Council in July 2020.
Considering the economic impacts resulting from the COVID-19 global pandemic, and
the financial hardships felt by many small businesses in Newport Beach, the economic
development grant program issued $5,000-10,000 grants to eligible small businesses that
meet the low- and moderate -income guidelines from HUD. The program reviewed almost
200 applications against HUD's rigorous eligibility requirements and 31 businesses
successfully provided the necessary documentation and received funding totaling
$182,500.
15-4
Resolution No. 2022-26: Community Development Block Grant —
2022-2023 Annual Action Plan
April 26, 2022
Page 5
The balance of the CARES Act funds was allocated under a Second Substantial
Amendment to the 2020-2021 Annual Action Plan, approved by City Council in July 2021,
to fund activities related to preventing and responding to homelessness. A contract with
Mind OC for the Be Well OC Mobile Crisis Response Team Program was approved by
City Council in September 2021, and the program began in late February 2022.
FISCAL IMPACT:
This item provides for City Council approval of the use of an estimated $391,662 of CDBG
funds for the 2022-2023 fiscal year, to be adjusted by the City Manager as necessary to
conform with the final 2022-2023 formula grant allocation from HUD. The costs
associated with staff management of the CDBG program are approximately $17,000 per
year and is funded within the CDBG administrative costs.
ENVIRONMENTAL REVIEW:
The development of required plans and allocation of CDBG program funds is an
administrative activity exempt under 24 CFR Part 58, Section 58.34 of the National
Environmental Policy Act of 1969 (NEPA), as amended.
Staff recommends the City Council find the adoption of the 2022-2023 Annual Action Plan
is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
NOTICING:
In accordance with HUD requirements for a 30 -day public review and comment period,
notice of the public hearing was published in the Daily Pilot on March 26, 2022. Notice
was also sent to each of the applicants requesting funding and emailed to all parties that
signed up to receive email notifications from the Planning Division and General News.
Further, the agenda item has been noticed according to the Brown Act (72 hours in
advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Resolution No. 2022-26 (2022-2023 Annual Action Plan included)
15-5
Attachment A
Resolution No. 2022-26
15-6
RESOLUTION NO. 2022- 26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING THE
2022-2023 ANNUAL ACTION PLAN FOR ALLOCATION
OF THE FEDERAL COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FUNDS FOR FISCAL YEAR
2022-2023
WHEREAS, the City of Newport Beach ("City") participates in the United States
Department of Housing and Urban Development's ("HUD") Community Development
Block Grant ("CDBG") program;
WHEREAS, HUD requires the City to prepare a Five -Year Consolidated Plan and
Citizen Participation Plan outlining the use of CDBG funds, strategic vision for housing
and community development in the City, and receipt of community input regarding the
expenditure of CDBG funds;
WHEREAS, HUD also requires the City to prepare an Annual Action Plan for the
appropriation of the CDBG annual grant and other available grant funds for the fiscal year;
WHEREAS, on May 12, 2020, the City Council adopted Resolution No. 2020-51
approving the current 2020-2024 Consolidated Plan and Citizen Participation Plan;
WHEREAS, the City anticipates receiving approximately $391,662.00 in grant
funds for Fiscal Year 2022-2023;
WHEREAS, on January 15, 2022, in accordance with Section G.1(b) of the Citizen
Participation Plan, a Notice of Funding Availability was published in the Daily Pilot
newspaper and sent to known non-profit community organizations currently operating
within the City requesting proposals to provide public services to low- and moderate -
income residents and fair housing services to all residents of the community;
WHEREAS, the City received two (2) proposals to provide public services and two
(2) proposals to provide fair housing services;
WHEREAS, in accordance with applicable sections of 24 Code of Federal
Regulations (CFR) Part 91, the City prepared a draft 2022-2023 Annual Action Plan
that appropriates the anticipated Fiscal Year 2022-2023 grant funding to various
programs and projects consistent with the 2020-2024 Consolidated Plan and HUD
requirements;
15-7
Resolution No. 2022 -
Page 2 of 3
WHEREAS, on March 26, 2022, a public notice was published in the Daily Pilot
newspaper that the draft 2022-2023 Annual Action Plan would be available for public
review and comment from March 26, 2022 to April 26, 2022; and
WHEREAS, on April 26, 2022, a public hearing was held by the City Council in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California,
regarding the draft 2022-2023 Annual Action Plan. A notice of time, place and purpose of
the public hearing was given in accordance with California Government Code Section
54950 et seq. ("Ralph M. Brown Act") and 24 Code of Federal Regulations Part 91.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve the 2022-2023 Annual Action
Plan attached as Exhibit "A" to this resolution, which is incorporated herein by reference.
Section 2: The City Council authorizes the City Manager, or his/her designee,
to: 1) proportionally adjust appropriations to specific programs and projects as necessary
to conform with the final 2022-2023 formula grant allocation of CDBG funds from HUD if
the appropriation is more or less than $391,662.00; 2) submit the 2022-2023 Annual Action
Plan to HUD; 3) execute the Fiscal Year 2022-2023 CDBG Program Grant Agreement
and all related documents on behalf of the City; 4) execute all subrecipient agreements
with the nonprofit organizations receiving allocations of CDBG funds in the 2022-2023
Annual Action Plan; and 5) authorize the Community Development Department Director,
or his/her designee, to be the official representative of the City, to administer the 2022-
2023 Annual Action Plan and to submit required environmental documentation to HUD
for CDBG projects.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
15-8
Resolution No. 2022 -
Page 3 of 3
Section 5: The City Council finds that the development of required plans and
allocation of CDBG program funds is exempt from the National Environmental Policy Act
of 1969 ("NEPA") under 24 CFR Part 58, Section 58.34 as it is an administrative activity
and will not have a physical impact or result in physical changes to the environment.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 26th day of April, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit A — 2022-2023 Annual Action Plan
15-9
Exhibit A
DRAFT
15-10
Table of Contents
Tableof Contents..............................................................................................................................................................2
AP -15 Expected Resources — 91.220(c)(1,2)............................................................................................................... 3
AP -20 Annual Goals and Objectives.............................................................................................................................5
AP -35 Projects — 91.220(d).............................................................................................................................................8
AP -38 Project Summary...................................................................................................................................................9
AP -50 Geographic Distribution — 91.220(f)...............................................................................................................12
AP -55 Affordable Housing — 91.220(g).......................................................................................................................13
AP -60 Public Housing — 91.220(h)...............................................................................................................................15
AP -65 Homeless and Other Special Needs Activities — 91.220(i)........................................................................17
AP -75 Barriers to affordable housing — 91.220(1).....................................................................................................22
AP -85 Other Actions — 91.220(k)................................................................................................................................25
AP -90 Program Specific Requirements-91.220(1)(1,2,4)......................................................................................28
Tables:
Table56 — Anticipated Resources................................................................................................................................. 3
Table57 - Goals Summary............................................................................................................................................... 5
Table58 - Goals Description.......................................................................................................................................... 7
Table59 - Project Information....................................................................................................................................... 8
Table60 - Geographic Priority Areas.........................................................................................................................12
Table 61 - One Year Goals for Affordable Housing by Support Requirements................................................14
Table 62 - One Year Goals for Affordable Housing by Support Type................................................................14
Newport Beach 2022-2023 Action Plan
15-11
2022-2023 Action Plan
AP -15 Expected Resources - 91.220(c)(1,2)
Introduction
For program year 2022-2023, the City anticipates receiving $391,662 of Community Development Block Grant
(CDBG) funds from HUD. The City anticipates the availability of approximately $2.07 million of CDBG
resources during the five-year period beginning July 1, 2020 and ending June 30, 2025.
Explain how federal funds will leverage those additional resources (private, state and
local funds), including a description of how matching requirements will be satisfied
Depending on the financing structure of a given activity, it may be advantageous for the City to use CDBG
funds to leverage appropriate state, local, and private resources, including but not limited to those listed below.
State Resources
• State Low -Income Housing Tax Credit Program
• Building Equity and Growth in Neighborhoods Program (BEGIN)
• CalHome Program
Newport Beach 2022-2023 Action Plan
15-12
• Multifamily Housing Program (MHP)
• Housing Related Parks Grant
• CaIHFA Single and Multi -Family Program
• Mental Health Service Act (MHSA) Funding
Local Resources
• Orange County Housing & Finance Agency (OCHFA) Funding
• Southern California Home Financing Authority (SCHFA) Funding
• Orange County Continuum of Care Program
• Orange County Housing Authority (OCHA) Programs
Private Resources
• Federal Home Loan Bank Affordable Housing Program (AHP)
• Community Reinvestment Act Programs
• United Way Funding
• Private Contributions
• Public -Private Partnerships
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to
address the needs identified in the plan
Newport Beach will comply with new State requirements under AB 1486 and AB 1255 to inventory and
support developers to access and utilize surplus municipal and state land for the construction of affordable
housing. If such sites are identified, the City will consider the use of CDBG or other resources to assist with
site preparation. At the point of developing this Action Plan, the City does not have any publicly owned land
that can be used to support the development of affordable housing within the City of Newport Beach.
Matching Requirements
The City of Newport Beach does not receive HOME Investment Partnerships funds as part of its entitlement
allocation. The amountof matching is therefore not applicable for the 2022-2023 Annual Action Plan.
Discussion
Assuming continued level funding of the CDBG programs, the City expects to utilize approximately $2.07
million of CDBG funds during the five-year period beginning July I, 2020 and ending June 30, 2025 to achieve
the goals of the Strategic Plan.
Newport Beach 2022-2023 Action Plan
15-13
AP -20 Annual Goals and Objectives
Goals Summary Information
Table 57 - Goals Summary
Newport Beach 2022-2023 Action Plan
15-14
Sort
Start
End
Geographic
-.
Order
.di
..
ar
Year
-•.
Area
&��
Adclresse*�.
•
Inclicat
I
Program
2022
2023
Program
Citywide
All
CDBG:
N/A
Administration
Administration
$66,332
2
Fair Housing
2022
2023
Affordable
Citywide
Ensure equal
CDBG:
Other:
Services
Housing
access to
$12,000
125 Persons
housing
Assisted
opportunities
3
Public Services
2022
2023
Non -Housing
Citywide
Provide
CDBG:
Public service
Community
public
$30,000
activities other
Development
services for
than
low- and
Low/Moderate
moderate-
Income
income
Housing
residents
Benefit:
100 Persons
Assisted
4
Homeless
2022
2023
Homeless
Citywide
Prevent and
CDBG:
Homelessness
Services
eliminate
$28,749
Prevention:
homelessness
25 Persons
Assisted
Newport Beach 2022-2023 Action Plan
15-14
Newport Beach 2022-2023 Action Plan
15-15
Sort
Start
End
Geographic
-.
•
.. -
66
-•.
Addressed
a
• utcome
Indicator
5
Public Facilities
LAL�N"_
2022
2023
Non -Housing
Citywide
Improve
k�
CDBG:
Public Facility
and
Community
public
$310,548
or
Infrastructure
Development
facilities and
(carry-
Infrastructure
Improvements
infrastructure
over)
Activities
other than
Address
Low/Moderate
material
Income
barriers to
Housing
accessibility
Benefit:
Other: I
(Section 108
Loan)
Modification to
Shelter: 1
6
Economic
2022
2023
Non -Housing
Citywide
Economic
CDBG:
Economic
Development
Community
Development
$0
activities:
Assistance
Development
0 Businesses
Assisted
Newport Beach 2022-2023 Action Plan
15-15
Goal Descriptions
I
Goal Name
Program Administration
Goal
Efficient and cost-effective implementation of CDBG program.
Description
2
Goal Name
Fair Housing Services
Goal
Affirmatively further fair housing choice through the provision of fair housing education,
Description
counseling, anti -discrimination, and landlord -tenant mediation services. The CDBG
Administration activity funding for five years is also represented under this goal.
3
Goal Name
Public Services
Goal
Provide public services for low- and moderate -income residents including senior citizens,
Description
families and youth including but not limited to those concerned with food, essential
services, transportation, health, recreation, and employment.
4
Goal Name
Homeless Services
Goal
Provide funding to community-based organizations who offer critical services for
Description
homeless and other special needs populations as determined via a competitive
application.
5
Goal Name
Public Facilities and Infrastructure Improvements
Goal
Based on need and available resources and results of the 2020-2024 Consolidated Plan
Description
Needs Assessment Survey, the improvement of public facilities and infrastructure owned
and operated by the City of Newport Beach is rated as a high priority need for CDBG
funds. In addition, Section 108 Loan Repayment and Shelter improvements are included
under this goal.
6
Goal Name
Economic Development Assistance
Goal
Provide technical assistance and additional support to small and micro businesses in the
Description
City of Newport Beach to provide job support and fulfill economic needs of low- and
moderate -income residents.
Table 58 — Goal Description
Newport Beach 2022-2023 Action Plan
15-16
AP -35 Projects - 91.220(d)
Introduction
To address the high priority needs identified in the Strategic Plan, the City of Newport Beach will invest CDBG
funds in projects that develop provide fair housing services, provide services to low- and moderate -income
residents, prevent homelessness and strengthen economic opportunities. Together, these projects will address
the needs of low- and moderate -income Newport Beach residents.
The Fair Housing Services project will provide fair housing assistance to an estimated 125 moderate -income
people, the Public Services project will provide assistance to an estimated 100 presumed low-income elderly
people, the Homeless Services project will provide services to an estimated 25 presumed low-income people.
Table 59 - Project Information
#
Project Name
I
Program Administration
2
Fair Housing Services
3
Public Services
4
Homeless Services
5
Public Facilities and Infrastructure
Improvements
Describe the reasons for allocation priorities and any obstacles to addressing
underserved needs
Based on the Strategic Plan, the City is allocating a majority of its non -administrative CDBG funds for program
years 2020-2024 to projects and activities that benefit low- and moderate -income people throughout the City.
The primary obstacles to meeting the underserved needs of low- and moderate -income people include lack of
funding from federal, state, and other local sources and the high cost of housing that is not affordable to low-
income residents. To address these obstacles, the City is investing CDBG funds through the 2022-2023 Action
Plan in projects that provide public services to low- and moderate -income people and projects that prevent
homelessness for the low- and moderate -income residents of Newport Beach.
Newport Beach 2022-2023 Action Plan
15-17
AP -38 Project Summary
Project Summary Information
I
Project Name
Program Administration
Target Area
Citywide
Goals Supported
All
Needs Addressed
All
Funding
CDBG: $66,332
Description
Effective and cost-efficient implementation of the CDBG program.
Target Date
6/30/23
Estimate the number and type offamilies
that will benefit from the proposed
activities
N/A
Location Description
Citywide
Planned Activities
Program Administration: $66,332
2
Project Name
Fair Housing Services
Target Area
Citywide
Goals Supported
Fair Housing Services
Needs Addressed
Ensure equal access to housing opportunities
Funding
CDBG: $12,000
Description
Affirmatively further fair housing choice through the provision of
fair housing education, counseling, anti -discrimination and landlord -
tenant mediation services.
Target Date
6/30/2023
Estimatethe numberand typeoffamilies
that will benefit from the proposed
activities
Approximately 125 people will benefit from the proposed activity.
Location Description
Citywide.
LPlanned
Activities
Fair Housing Services: (125 people) $12,000
Newport Beach 2022-2023 Action Plan
15-18
3
Project Name
Public Services
Target Area
Citywide
Goals Supported
Public Services
Needs Addressed
Provide public services for low- and moderate -income residents
Funding
CDBG: $30,000
Description
Provide public services for low- and moderate -income residents.
Target Date
6/30/2023
Estimate the number and typeoffamilies
that will benefit from the proposed
activities
Approximately 100 people will benefit from the proposed
activities.
Location Description
Citywide.
Planned Activities
Age Well Senior Services: Home Delivered Meals (100 people)
$30,000
4
Project Name
Homeless Services
Target Area
Citywide
Goals Supported
Homeless Services
Needs Addressed
Prevent and eliminate homelessness
Funding
CDBG: $28,749
Description
Provide funding to community-based organizations who offer
critical services for homeless and other special needs populations
as determined via a competitive application.
Target Date
6/30/2023
Estimate the number and type of
families that will benefit from the
proposed activities
Approximately 25 people will benefit from the proposed activities.
Location Description
Citywide.
Newport Beach 2022-2023 Action Plan
to]
15-19
Newport Beach 2022-2023 Action Plan
15-20
Planned Activities
City Motel Voucher Program (10 people) $12,749
Families Forward: (15 people) $16,000
5
Project Name
Public Facilities and Infrastructure Improvements
Target Area
Citywide
Goals Supported
Public Facilities and Infrastructure Improvements
Needs Addressed
Address material barriers to accessibility and improve public
facilities and infrastructure
Funding
CDBG: $310,548
Description
Section 108 Debt Service and Modifications to Shelter.
Target Date
6/30/2023
Estimate the number and type of
families that will benefit from the
proposed activities
Other: I
Modifications to Shelter: I
Location Description
Citywide
Planned Activities
Section 108 Loan Repayment - $210,548
Shelter - $100,000
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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
Based on evaluation of CPD Maps data, there are no areas within the City exhibiting a greater level of need
for affordable housing or services for low- and moderate -income residents and there were no areas of the
City containing minority concentrations; therefore, no geographic priorities were established within the
Consolidated Plan and allocation priorities will be driven by citywide need. All CDBG funds will be directed
toward activities benefitting low- and moderate -income residents citywide.
The only exception to this approach would be for CDBG projects that are qualified on a low- and moderate -
income area basis where a specific proportion of the residents within the service area must be low- and
moderate -income residents.
Geographic Area
Table 60 - Geographic Priority Areas
Citywide Newport Beach will allocate resources across the
City based on need and eligibility
Rationale for the priorities for allocating investments geographically
The City's investments in Fair Housing Services, Public Services and Homelessness Prevention Services projects
are based on a citywide geography because individuals in need of these services may live anywhere within the
jurisdiction—particularly services for seniors and homeless individuals.
Discussion
Based on the Strategic Plan, the City is allocating 100 percent of its non -administrative CDBG funds for program
year 2022-2023 to projects and activities that benefit low- and moderate -income people.
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AP -SS Affordable Housing - 91.220(g)
Introduction
The City of Newport Beach will look at using non-CDBG local, state, and federal funding sources to develop
new housing units. Preservation of the physical and functional integrity of existing housing units occupied by
low- and moderate -income households is a cost-effective way to invest limited non-CDBG resources to retain
existing housing units that are already affordable to low- and moderate -income households in the community.
Additionally, rehabilitation will assist in resolving housing problems that residents face throughout Newport
Beach. Addressing substandard housing conditions through housing preservation activities ensures that all
economic segments of the community have the opportunity to live in decent housing that meets local standards.
Expand the Supply of Affordable Housing
Based on evaluation of 201 1-2015 ACS and CHAS data, there is a need for additional rental housing units
affordable for households earning less than 50 percent of AMI. Of the households earning 0-80 percent of
AMI, 8,943 are cost burdened households — meaning households paying more than 30 percent of their income
for housing. Additionally, 6,614 of the cost burdened households are considered severely cost burdened
households — meaning that they pay more than 50 percent of their income for housing. Of the 4,410 severely
cost burdened households, 3,580 are renters. Of those severely cost burdened renter households, 3,320
households earn less than 50 percent of AMI and are considered the most at risk of becoming homeless. The
City will continue to use its Affordable Housing Trust Fund and other available options under the State Density
Bonus law to create additional affordable housing. The City is also currently working to update its General
Plan Housing Element for the 6t" Cycle Regional Housing Needs Assessment (RHNA) allocation, which is
4,845 new housing units. Of that number, 70 percent are required to be affordable to very -low, low- and
moderate -income households. In order to accommodate that requirement, the City is exploring new
policies to encourage production of affordable housing in the 2021-2029 planning period.
Preserve the Supply of Affordable Housing
As the City's housing stock ages, a growing percentage of housing units may need rehabilitation to allow them
to remain safe and habitable. The situation is of particular concern for low- and moderate -income homeowners
who are generally not in a financial position to properly maintain their homes.
The age and condition of Newport Beach's housing stock is an important indicator of potential rehabilitation
needs. Commonly, housing over 15 years of age will exhibit deficiencies in terms of paint, weatherization,
heating / air-conditioning systems, hot water heaters and finish plumbing fixtures. Housing over 30 years of age
will typically some form of major rehabilitation, such as roof replacement, foundation work and plumbing
systems. According to CHAS data showing the year that housing units were built categorized by owner and
renter tenure:
Newport Beach 2022-2023 Action Plan
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• 5,680 or 27 percent of the 20,920 owner -occupied housing units built between 15 and 34 years ago
(built between 1980 and 1999).
• 11,905 or 57 percent of the 20,920 owner -occupied housing units in Newport Beach were built 34
or more years ago (built prior to 1980).
• 4,745 or 28 percent of the 17, 160 renter -occupied housing units in Newport Beach were built
between 15 and 34 years ago (built between 1980 and 1999).
• 10,930 or 63 percent of the 17,160 renter -occupied housing units in Newport Beach were built 34
or more years ago (built prior to 1980).
Preservation of the physical and functional integrity of existing housing units occupied by low- and moderate -
income households is a cost-effective way to invest limited resources to retain existing housing units that are
already affordable to low- and moderate -income households in the community. Addressing substandard
housing conditions through housing preservation activities ensures that all economic segments of the
community have the opportunity to live in decent housing that meets local standards.
Table 62 - One Year Goals for Affordable Housing by Support Type
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
Discussion
The Strategic Plan identifies a high priority need to expand the supply of affordable housing. However, the City will use
other funding sources and methods to create affordable housing opportunities such as the Affordable Housing Trust
Fund and the State Density Bonus law. As mentioned previously, the City is also exploring new affordable housing
policies as part of its Housing Element update that would encourage the production of new affordable units.
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AP -60 Public Housing - 91.220(h)
Introduction
The Newport Beach Housing Authority does not administer Section 8 and does not own HUD Public Housing.
Newport Beach is within the service area of the Orange County Housing Authority (OCHA) for the purposes
of Section 8 and Public Housing. The data presented in the tables below is for Newport Beach and the narrative
responses address the needs for the entire county, with specific references to the City of Newport Beach.
Actions planned during the next year to address the needs to public housing.
In the upcoming five years, OCHA's goals are
• Apply for additional housing assistance funding and programs that may become available.
• Explore the use of Project -Based Housing Choice Vouchers or other housing funds to promote the
construction or acquisition activities that will result in additional units or developments that will serve
special needs populations.
• Ensure consistent quality of assisted housing services by maintaining high performer status in Section
Eight Management Assessment Program (SEMAP) scores.
• Promote Family Self -Sufficiency incentives and homeownership opportunities for Housing Choice
Voucher participants in partnership with local programs and related service providers.
• Expand assisted housing choices by conducting outreach efforts to increase the number of property
owners and their participation in housing assistance programs.
• Identify and utilize technology to enhance operational effectiveness and efficiency in delivery of
housing assistance services.
Actions to encourage public housing residents to become more involved in management and participate in
homeownership.
OCHA supports resident councils and actively seeks input from PHA residents on the management and
implementation of OCHA policies and procedures.
Housing prices in Orange County are so high that homeownership opportunities are limited for OCHA
residents. On a limited basis, OCHA has partnered with Habitat for Humanity to provide two affordable
homeownership units, but these types of efforts are limited.
OCHA also manages a Housing Choice Voucher Homeownership Program that it markets to all OCHA
program tenants.
Newport Beach 2022-2023 Action Plan
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If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other
assistance
Not applicable. OCHA is designated as a High Performing PHA.
Discussion
Newport Beach continues to support OCHA in effective administration of its limited affordable housing
resources. The City also continues to work with OCHA to include the residents with Section 8 Housing Choice
Vouchers in the federally funded programs administered by the City, including any homeownership programs.
Newport Beach 2022-2023 Action Plan
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AP -6S Homeless and Other Special Needs Activities - 91.220(i)
Introduction
The City will invest CDBG funds during the 2022-2023 program year to address high priority needs identified
in the 2020-2024 Consolidated Plan including preventing homelessness and providing public services to
homeless populations.
Homelessness Prevention Services
The Point In Time is a biennial count of people experiencing homelessness on a given night that takes place
during the last ten days in January. The count provides vital information that helps the County better understand
homelessness in the community and guides the way the County and its partners respond to homelessness in
Orange County.
The County of Orange is among several Continuums of Care (CoC) in Southern California that have been
approved by the U.S. Department of Housing and Urban Development to reschedule the 2022 Point In Time
to the last 10 days of February due to the impacts of COVID-19.
The County of Orange and Orange County Continuum of Care conducted the sheltered count the night of
Monday, February 21, 2022, and the unsheltered count starting the morning of Tuesday, February 22 through
Thursday, February 24. It is expected to provide the first apples -to -apples comparison with the 2019 count,
when the county changed its methodology to do what officials said at the time was a broader, more thorough
assessment. In counts prior to 2019, teams only collected data from a few hundred people and extrapolated
from that; in the 2019 count, more than 2,200 people filled out the survey. Along with asking people where
they most often sleep, the survey asks about health issues people are facing, was there a cause, such as fleeing
domestic abuse, that led to their homelessness, and where in Orange County do they spend most of their time.
The results may indicate whether the past few years of work — building emergency shelters and, to a lesser
extent, expanding services and adding permanent housing for the homeless — have been a success, a failure or
a wash. While the data from the point -in -time count — which includes a 33 -question survey for those willing to
answer — will take time to process, local governments and nonprofits that provide services and shelter to the
county's homeless population are eager for the information. The 2022 Point In Time Count Full Report is
anticipated to be completed in Summer 2022.
According to the results of the most recent data available from the bi-annual Point -In -Time Homeless Count
(PIT Count) held on January 22, 2019, on any given night in Newport Beach, approximately 64 people are
homeless. To address incidences of homelessness in Newport Beach and to prevent extremely -low income
Newport Beach families from becoming homeless, the City places a high priority on programs that work to
prevent homelessness or rapidly assist homeless individuals living in the community. To address this need, the
City will support CDBG public service activities that help prevent homelessness and that provide a structured
path to stable housing for individuals and families who become homeless.
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Services for Residents with Special Needs
Analysis of available data and consultation with organizations providing services for special needs populations
revealed a need for a range of additional services including, but not limited to, those concerned with domestic
violence, human trafficking, mental disabilities, physical disabilities, developmental disabilities, substance
abuse/alcoholism and HIV/AIDS that may be addressed by non-profit organizations. Non-profit organizations
currently exist to fulfill some of these needs of individuals. Organizations such as Human Options, an Orange
County -based non-profit that provides assistance to individuals experiencing domestic violence. Laura's House
provides emergency shelter to women and children fleeing domestic violence situations. Radiant Health Centers
provides services for those with HIV/AIDS such as free HIV and Hepatitis C testing.
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
To reach out to unsheltered homeless persons and assess their individual needs for the purpose of connecting
them with available emergency shelter and transitional housing resources, the City of Newport Beach, through
its Planning Division will provide information and referrals — primarily to 2-1-1 Orange County. Additionally,
to reduce and end homelessness, the City of Newport Beach will provide CDBG public service funds to the
following activities:
• Families Forward: Housing Program (15 people)
• Newport Beach Motel Voucher Program (10 people)
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Addressing the emergency shelter and transitional housing needs of homeless persons
The City has taken a number of steps to address this very complex issue. City staff and City Net, a contractor
that assists with community outreach and case management services, work in collaboration to engage these
individuals and connect them with services such as emergency housing, mental and health care, benefits
counseling and a variety of other community-based programs and services. It is not uncommon for individuals
to be resistant to engagement at first. The more successful interventions are built upon a pattern of consistent
engagement and building trust so that the individual will be in a position to accept the assistance that will lead
to a lasting solution to their homelessness.
The City has a dedicated, full-time police officer and a homeless coordinator who focus on the issue of
homelessness. The Homeless Liaison Officer works closely with the County of Orange Health Care Agency's
case management staff and City Net to provide homeless outreach services. The uniqueness of each homeless
individual's situation requires an individual approach. Due to the fact that each individual's needs are different,
City staff works with the homeless individuals on a case-by-case basis.
It is important to understand that individuals are often resistant to seeing case workers or police officers
assigned to work with those experiencing homelessness. Multiple visits may be required before gaining a
person's trust in a way that opens a conversation about solutions. That is why, in addition to the full-time officer,
the City has contracted with City Net to provide homeless outreach services. Street outreach services seeks
to connect unsheltered homeless individuals with emergency shelter, housing, critical services, healthcare, or
urgent, non -facility -based care.
Newport Beach has entered a partnership with the City of Costa Mesa for shelter beds at the Costa Mesa
Bridge Shelter, which opened in Spring 2021. In addition to temporary housing, the Bridge Shelter provides case
workers who assist homeless individuals with addiction and mental health counseling, job searches, and accessing
permanent housing.
Cities and counties are obligated to follow state laws, federal laws and court rulings that define the parameters
of what can and cannot be done when addressing the impacts of homelessness. Newport Beach, along with the
rest of the cities in Orange County, must follow and comply with those laws and court rulings.
In September 2018, the United States Ninth Circuit Court of Appeals ruled that as long as there is no option
for sleeping indoors, the government cannot criminalize individuals experiencing homelessness from sleeping
outdoors on public property. As a result, the federal judge overseeing Orange County's homeless issues was
asked to block cities from enforcing anti -camping laws if the city does not have an adequate, alternative sleeping
location for individuals experiencing homelessness, such as a shelter bed or other housing.
To address the emergency shelter and transitional housing needs of homeless persons, the City supports the
Families Forward Housing Program that provides transitional housing, counseling, and case management to
families at risk of homelessness. Each year, Families Forward serves approximately 12 additional unduplicated
Newport Beach 2022-2023 Action Plan
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people because of CDBG funding. In addition, the City will support a City -run motel voucher program to assist
10 homeless individuals.
Other organizations in the Continuum of Care (CoC) addressing the emergency shelter and transitional housing
needs of homeless persons include City Net, Orange Coast Interfaith Shelter, Orange County Rescue Mission
and WISEPlace.
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.
To address the needs of homeless families, families with children, veterans and their families, the City supports
the Families Forward Housing Program, which provides transitional housing, counseling, and case management
to families at risk of homelessness. Each year, Families Forward serves approximately 12 unduplicated Newport
Beach residents through its transitional housing program. When paired with financial counseling, career
coaching and otheravailable case management services, Families Forward makes certain that families are ready
to succeed in theirtransition to permanent housing.
In addition, Trellis International is a local non-profit organization which provides volunteer opportunities
for individuals experiencing homelessness or housing insecurity to learn and/or rebuild job skills and a path
toward stable employment and housing. Through volunteer projects managed by Trellis' Community
Impact Team (CIT), participants develop and refine job skills needed to reenter the job market and remain
employed. The projects in Newport Beach may include cleanup of beaches, hiking trails, parking lots, piers
and other public areas, graffiti removal, vegetation trimming and removal, and more.
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 Orange County CoC Ten Year Plan to End Homelessness included a goal to establish countywide
protocols and procedures to prevent people from being discharged from public and private institutions of care
into homelessness that will help decrease the number of persons being discharged into homelessness. The
CoC is seeking improve coordination among publicly and privately funded institutions of care and local service
agencies in the County of Orange in order to decrease the number of persons being discharged into
homelessness annually.
City Net is an organization that coordinates outreach among homeless service providers in the county with
vulnerable homeless neighbors. City Net collects data for a Homeless Services Dashboard Report with frequent
Newport Beach 2022-2023 Action Plan
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meetings on how to improve public services that enables organizations in Newport Beach to better coordinate
their efforts and leverage key synergies.
Preventing and ending homelessness is a HUD priority addressed nationally through coordination of regional
strategies carried out locally by government agencies and a wide variety of community-based organizations and
faith -based groups. Consistent with this approach, the City of Newport Beach supports the efforts of Orange
County Continuum of Care (CoC) and its member organizations that address homelessness throughout
Orange County. In alignment with this strategy, the City will use CDBG funds to support local service providers
with programs to prevent homelessness and to expand the supply of affordable housing in Newport Beach
for low- and moderate -income residents.
Discussion
The City of Newport Beach considers ending and preventing homelessness a high priority and will support
CDBG public service activities that help prevent homelessness and that provide a structured path to stable
housing for individuals and families who become homeless.
A new mobile crisis intervention program to address mental health issues in the community is up and
running in Newport Beach. The Be Well OC Mobile Crisis Response Team is working closely with City's
public safety departments to address mental health challenges among the City's homeless population, as
well as resid I ents and visitors who may be experiencing a mental health crisis.
Under the Be Well OC program, Newport Beach now has a dedicated two -person team of experienced
crisis counselors working 12 hours a day, 7 days a week. The team responds to mental health calls for
service to the Police Department's non -emergency or 911 call lines. Individuals may be transported to Be
Well OC's local crisis center, or a detox facility or shelter, as needed. The service provides direct mental
health intervention and will reduce the need for police and emergency medical services in these cases.
The Be Well OC program supplements and augments the City's current efforts to address homelessness, which
include a shelter partnership with the City of Costa Mesa, and the pilot program with Trellis International providing
volunteer opportunities for individuals experiencing homelessness to learn and/or rebuild job skills and a path
toward stable employment and housing.
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AP -75 Barriers to affordable housing - 91.220(j)
Introduction:
A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development
or rehabilitation of affordable housing, such as land use controls, property taxes, state prevailing wage
requirements, environmental protection, cost of land and availability of monetary resources. Barriers to
affordable housing are distinguished from impediments to fair housing choice in the sense that barriers are
lawful and impediments to fair housing choice are usually unlawful.
Based on information gathered during community meetings, the Consolidated Plan Needs Assessment Survey,
the 2014-2021 Housing Element and market analysis, the primary barriers to affordable housing in Newport
Beach are housing affordability and the lack of monetary resources necessary to develop and sustain affordable
housing. The two barriers are related in the sense that demand for affordable housing exceeds the supply and
insufficient resources are available to increase the supply of affordable housing to meet demand.
For low- and moderate -income households, finding and maintaining decent affordable housing is difficult due
to the high cost of housing in Newport Beach and throughout the region in general. Over 20 percent of the
City's 38,075 households experience a cost burden or severe cost burden, meaning that they pay more than 30
or 50 percent of their income for housing, respectively. Consistent with available data, responses to the
2020-2024 Consolidated Plan Needs Assessment Survey indicate a high need for additional affordable housing
in Newport Beach.
Actions 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 the development of the 2021-2029 Housing Element, the City evaluated significant public policies affecting
affordable housing. The Housing Element identifies and analyzes the Citys existing and projected housing needs. The Housing
Element contains a detailed outline and work program of the City's goals, policies, and quantified objectives for the
preservation, improvement, and development of housing for a sustainable future. This includes timelines for the City to
accomplish each identified action within the Housing Plan.
As is common in many communities, a variety of constraints affect the provisions and opportunities for adequate housing in
the City of Newport Beach. Housing constraints consist of both governmental constraints, including but not limited to land
use controls, development fees and permitting fees, development standards, building codes and permitting processes; as well
as, nongovernmental or marl<et constraints, including but not limited to land costs, construction costs, and availability of
finances. Combined, these factors create barriers to availability and affordability of new housing, especially for lower and
moderate -income households.
Newport Beach 2022-2023 Action Plan
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On February 8, 2022, the Newport Beach City Council adopted an update to its Housing Element for the 2021-2029 planning
cycle in response to the 6th Cycle Regional Housing Needs Assessment (RHNA) allocation of 4,845 new housing units for
Newport Beach. On February I I , 2022, the City submitted the adopted update to the State Department of Housing and
Community Development (HCD) for a mandatory 60 -day review.
Discussion:
To address housing affordability and the lack of monetary resources for affordable housing, the City's goals,
policies, and programs will be aimed at providing additional housing opportunities, removing governmental
constraints to affordable housing, improving the condition of existing housing, and providing equal housing
opportunities for all residents. These goals, policies, and programs further the City's overall housing policy goal
to encourage a more diverse, sustainable, and balanced community through implementation of strategies and
programs that will result in economically and socially diversified housing choices that preserve and enhance the
special character of Newport Beach.
The City of Newport Beach has identified the following housing goals as part of this Housing Element
Update:
Housing Goal #1: Provision of adequate sites to accommodate projected housing unit growth needs
identified by the 2021-2029 RHNA.
Housing Goal #2: Quality residential development and the preservation, conservation, and appropriate
redevelopment of housing stock.
Housing Goal #3: A variety of housing types, designs, and opportunities for all social and economic
segments.
Housing Goal #4: Housing opportunities for as many renter- and owner -occupied households as possible
in response to the market demand and RHNA obligations for housing in the City.
Housing Goal #5: Preservation of the City's housing stock for extremely low-, very low-, low-, and
moderate -income households.
Housing Goal #6: Housing opportunities for special needs populations.
Housing Goal #7: Equal housing opportunities in the City for all people.
Housing Goal #8: Effective and responsive housing programs and policies.
The goals listed above are described in further detail in the Housing Plan.
As directed by the recently adopted 2021-2029 General Plan Housing Element, the City is developing an
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inclusionary housing program that would require developers to provide a minimum percentage of lower- and
moderate -income dwelling units within new residential developments. The City is considering several policies,
regulations, and incentives to help achieve the Regional Housing Needs Assessment (RHNA) allocation of 4,845
new housing units that the City must plan for over the next 8 years. Of the total RHNA, about 71% must be
planned to accommodate moderate- and lower-income households.
Newport Beach 2022-2023 Action Plan
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AP -85 Other Actions - 91.220(k)
Introduction:
In the implementation of the 2022-2023 Annual Action Plan, the City will invest CDBG resources to address
obstacles to meeting underserved needs, reduce the number of poverty -level families, develop institutional
structure and enhance coordination between public and private social service agencies.
Actions planned to address obstacles to meeting underserved needs
The primary obstacles to meeting the underserved needs of low- and moderate -income people include lack of
funding from federal, state, and other local sources, and the high cost of housing that is not affordable to low-
income people. To address these obstacles, the City is investing CDBG funds through the 2022-2023 Action
Plan in projects that provide assistance to those with special needs, projects that prevent homelessness, and
strengthen economic opportunities for low- and moderate -income residents. To address underserved needs,
the City is allocating 100 percent of its non -administrative CDBG investments for program year 2022-2023 to
projects and activities that benefit low- and moderate -income people or people presumed under HUD
regulations to be low- and moderate -income.
Actions planned to foster and maintain affordable housing
In the implementation of the 2022-2023 Annual Action Plan, the City will continue to look at alternate funding
sources and programs to preserve and maintain existing affordable housing such as the County's Residential
Rehabilitation Program.
Actions planned to reduce lead-based paint hazards
The City of Newport Beach does not currently implement a Residential Rehabilitation Program, however if
they are to implement such a program in the future, the City will disseminate brochures provided by the U.S.
Environmental Protection Agency to all applicants as part of the transmittal of the program application. Any
unit receiving assistance through the program that was built prior to January 1, 1978 will be tested for lead-
based paint. If lead-based paint is present, appropriate abatement procedures are implemented as part of the
rehabilitation contract consistent with the requirements of 24 CFR Part 35.
Actions planned to reduce the number of poverty -level families
The implementation of activities funded with other non-CDBG federal, state and local resources will support
the City's effort in reducing the number of poverty -level families by:
• Supporting activities that expand the supply of housing that is affordable to low- and moderate -
income households, including investment of the City's Housing Trust Fund resources and using the
State Density Bonus law to incentivize the development of additional affordable housing units;
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• Supporting a continuum of housing and public service programs to prevent and eliminate
homelessness;
• Supporting housing preservation programs that ensure low income households have a safe, decent
and appropriate place to live; and
• Supporting public services through various nonprofits funded by CDBG that serve the community's
youth, seniors, families and those with special needs.
In addition to these local efforts, mainstream state and federal resources also contribute to reducing the number
of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start
provide a pathway out of poverty for families who are ready to pursue employment and educational
opportunities. Additionally in California, the primary programs that assist families in poverty are CaIWORKs,
CalFresh (formerly food stamps) and Medi -Cal. Together, these programs provide individuals and families with
employment assistance, subsidy for food, medical care, childcare and cash payments to meet basic needs such
as housing, nutrition and transportation. Other services are available to assist persons suffering from substance
abuse, domestic violence and mental illness.
Actions planned to develop institutional structure
The institutional delivery system in Newport Beach is high -functioning and collaborative — particularly the
relationship between local government and the nonprofit sector comprised of a network of capable
community-based organizations that are delivering a full range of services to residents. Organizations such as
City Net coordinate housing support groups to increase coordination and leverage key synergies to improve
resident outcomes. Affordable housing development and preservation activities will be carried out by the
Planning Division of the Community Development Department in partnership with other agencies. Public
service activities will be carried out by nonprofit organizations to achieve the Strategic Plan goals. The Planning
Division and the Engineering Department will work together with contractors to implement public facility
improvement projects.
One of the keyways the City is developing and expanding institutional structure to meet underserved needs is
by funding a wide variety of services targeted to seniors, special needs populations and individuals or families at
risk of homelessness with CDBG public service grants.
Actions planned to enhance coordination between public and private housing and social service agencies
To enhance coordination between public and private housing and social service agencies, the City will continue
consulting with and inviting the participation of a wide variety of agencies and organizations involved in the
delivery of housing and supportive services to low- and moderate -income residents in Newport Beach.
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Discussion
In the implementation of the 2020-2024 Consolidated Plan, the City will invest CDBG resources to address
obstacles to meeting underserved needs, reduce the number of poverty -level families, develop institutional
structure and enhance coordination between public and private social service agencies.
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AP -90 Program Specific Requirements - 91.220(1)(1,2,4)
Introduction:
In the implementation of programs and activities under the 2022-2023 Annual Action Plan, the City of Newport
Beach will follow all HUD regulations concerning the use of program income, forms of investment, overall low -
and moderate -income benefit for the CDBG program.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(1)(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.
100.00%
Newport Beach 2022-2023 Action Plan
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Discussion:
In the implementation of programs and activities under the 2022-2023 Annual Action Plan, the City of Newport
Beach will follow all HUD regulations concerning the use of program income, forms of investment, overall low -
and moderate -income benefit for the CDBG program.
Newport Beach 2022-2023 Action Plan
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2022/2023 ANNUAL ACTION PLAN
JULY I, 2022 THROUGH JUNE 30, 2023
APPENDIX A
Citizen Participation
15-39
City of Newport Beach Notice of Funding Availability (NOFA)
Inviting Applications for the Community Development
Block Grant (CDBG) Program for Fiscal Year 2022-2023
APPLICATIONS DUE FEBRUARY 18, 2022
The Federal Housing and Community Development Act of 1974, as amended,
provides Community Development Block Grant (CDBG) funds to the City of
Newport Beach for projects that promote the development of viable urban
communities by providing decent housing, suitable living environments, and
expanded economic opportunities, particularly for low- and moderate -income
persons. The City anticipates receiving an allocation of approximately $391,662
and may use up to 15% of the allocation to provide public services.
NOTICE IS HEREBY GIVEN that the City of Newport Beach is currently accepting
applications from non-profit organizations requesting funds to provide public
services to low- and moderate -income residents. Prioritization will be given to
organizations that demonstrate the capacity to implement the program in
accordance with the requirements established by the United States Department of
Housing and Urban Development (HUD), and whose services will help revitalize
neighborhoods, promote economic development, and improve community facilities
and services in Newport Beach. Additional information about the City's prior years'
strategic plans and performance reports are available for viewing online at:
http://www.newportbeachca.gov/CDBGreports.
ELIGIBLE APPLICATIONS: Applications must demonstrate that the service to be
provided will principally benefit persons of low- and moderate -income (households
earning less than 80% of Orange County's median income). Examples of eligible
services include housing and/or support programs for victims of domestic violence,
abused children/youth, the disabled, seniors, or the homeless. Additionally,
services addressing unemployment, inadequate healthcare, crime prevention, or
substance abuse rehabilitation are eligible. Again, all programs must benefit
persons of low -and moderate -incomes. Applications will also be accepted from
organizations seeking to provide fair housing and landlord -tenant services in
accordance with HUD requirements.
DEADLINE: All interested applicants must complete and submit an application,
available at http://www.newportbeachca.gov/CDBGapplication. Applications will
be accepted until 2:00 p.m. on Friday, February 18, 2022, at the City of Newport
each, Community Development Department located at 100 Civic Center Drive,
Newport Beach, CA 92660.
Questions regarding this NOFA should be directed to Priscila Davila, CDBG
Consultant at (562) 673-3388.
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NOTICE OF PUBLIC HEARING AND 30 -DAY PUBLIC REVIEW
FOR THE CITY OF NEWPORT BEACH
2022-2023 DRAFT ACTION PLAN
NOTICE IS HEREBY GIVEN that on Tuesday, April 26, 2022, at 4:00 p.m., or soon thereafter as the matter shall be heard, a
public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of
the City of Newport Beach will receive public comments and consider the following:
2022-2023 Draft Action Plan for the upcoming fiscal year beginning July 1, 2022 and ending June 30, 2023. The Action
Plan is a grant application to the U.S. Department of Housing and Urban Development (HUD) for the third of five fiscal years
covered by the City's current 2020-2024 Consolidated Plan. The Action Plan will appropriate Community Development
Block Grant (CDBG) funding of approximately $391,662, to specific activities for the 2022-2023 fiscal year to address
Strategic Plan goals included in the Five -Year Consolidated Plan.
NOTICE IS HEREBY FURTHER GIVEN that the publication of this notice commences a minimum 30 -day public review
period as required under Federal Regulation 24 CFR 91.105(b)(2) and the City's Citizen Participation Plan. This public
review and comment period begin March 26, 2022 and run through April 26, 2022. The public is invited to submit written
comments on the draft document to the Community Development Department no later than 2:00 p.m. on April 26, 2022.
Copies of the 2022-2023 Draft Action Plan will be available for public review on the City's website at
http://www.newportbeachca.gov/CDBGreports and at the following locations:
City Clerk's Office
Community Development Department
Central Library
100 Civic Center Drive
100 Civic Center Drive
1000 Avocado Ave
Newport Beach, CA, 92660
Newport Beach, CA, 926660
Newport Beach, CA 92660
949 644-3005
949 644-3200
949 717-3800
NOTICE IS HEREBY FURTHER GIVEN that the approval of the 2022-2023 Action Plan categorically exempt pursuant to
Section 15301, of the California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment.
ACCESSIBILITY TO MEETINGS AND DOCUMENTS
It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with
Disabilities Act (ADA) of 1990 and the ADA Amendment Act of 2008, the Fair Housing Act, and the Architectural Barriers
Act in all respects. If you require public documents in an accessible format, the City will make reasonable efforts to
accommodate your request. If you require a disability -related accommodation to attend or participate in a hearing or
meeting, including auxiliary aids or services, please contact the City Clerk's Office at least 72 hours prior to the meeting at
(949) 644-3005.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you
may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City,
at, or prior to, the public hearing. The application may be continued to a specific future meeting date, and if such an action
occurs additional public notice of the continuance will not be provided. Individuals not able to attend the meeting may contact
the City Clerk or access the City's website after the meeting to review the action on this application.
Questions and written comments may be addressed to Lauren Wooding Whitlinger, Real Property Administrator at
100 Civic Center Drive, Newport Beach, CA 92660. You may also call Ms. Wooding Whitlinger at (949) 644-3236 with any
questions concerning this notice.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach
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2022/2023 ANNUAL ACTION PLAN
JULY I, 2022 THROUGH JUNE 30, 2023
SF 424 Forms and Certifications
15-42
View Burden Statement
OMB Number: 4040-0004
Expiration Date: 12/31/2022
Application for Federal Assistance SF -424
* 1. Type of Submission:
❑ Preapplication
® Application
❑ Changed/Corrected Application
2. Type of Application: ' If Revision, select appropriate letter(s):
® New
❑ Continuation * Other (Specify):
❑ Revision
* 3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier:
5b. Federal Award Identifier:
B22 -MC -06-0546
CA62454
State Use Only:
6. Date Received by State:
7. State Application Identifier:
8. APPLICANT INFORMATION:
*a. Legal Name: City of Newport Beach
* b. Employer/Taxpayer Identification Number (EIN/TIN):
* c. Organizational DUNS:
0607524820000
95-6000751
d. Address:
* Street1:
100 Civic Center Drive
Street2:
* City:
County/Parish:
Newport Beach
Orange
* State:
CA: California
Province:
*Country:
USA: UNITED STATES
* Zip / Postal Code:
92660-3267
e. Organizational Unit:
Department Name:
Division Name:
Community Development
f. Name and contact information of person to be contacted on matters involving this application:
Prefix:
Ms
First Name:
Lauren
Middle Name:
*Last Name:
Wooding-whitlinger
Suffix:
Title: Real Property Administrator
Organizational Affiliation:
* Telephone Number: (949) 644-3236 Fax Number:
*Email: lwooding@newportbeachca.gov
15-43
Application for Federal Assistance SF -424
* 9. Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:
U.S. Department of Housing and Urban Development
11. Catalog of Federal Domestic Assistance Number:
14-218
CFDA Title:
Community Development Block Grant (CDBG)/Entitlement Grants
* 12. Funding Opportunity Number:
N/A
* Title:
N/A
13. Competition Identification Number:
N/A
Title:
N/A
14. Areas Affected by Project (Cities, Counties, States, etc.):
Add Attachment Delete Attachment View Attachmer
* 15. Descriptive Title of Applicant's Project:
Application for CDBG Funds: Administration and funding of eligible programs/activities.
Attach supporting documents as specified in agency instructions.
Add Attachments Delete Attachments View Attachments
15-44
Application for Federal Assistance SF-424
16. Congressional Districts Of:
* a. Applicant 48th * b. Program/Project 4g
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment Delete Attachment View Attachment
17. Proposed Project:
* a. Start Date: 07/01/2022 * b. End Date: 06/30/2023
18. Estimated Funding ($):
* a. Federal
* b. Applicant
* c. State
* d. Local
* e. Other
* f. Program Income
*g.TOTAL
391, 662.00
391,662.00
* 19. Is Application Subject to Review By State Under Executive Order 12372 Process?
❑ a. This application was made available to the State under the Executive Order 12372 Process for review on
❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review.
® c. Program is not covered by E.O. 12372.
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.)
❑ Yes ® No
If "Yes", provide explanation and attach
Add Attachment Delete Attachment L.V,ew Attachment
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may
subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
® ** I AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: IMS. * First Name: Grace
Middle Name: K.
* Last Name: Leung
Suffix:
* Title: City Manager
* Telephone Number: 949-644-3001 Fax Number:
*Email: gleung@newportbeachca.gov
* Signature of Authorized Representative:
* Date Signed:
15-45
11. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is
acquired as a result of Federal and federally -assisted
programs. These requirements apply to all interests in real
property acquired for project purposes regardless of
Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C.
§§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333) regarding labor standards for federally -assisted
construction subagreements.
14. Will comply with flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973
(P.L. 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance
with EO 11988; (e) assurance of project consistency
with the approved State management program
developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) implementation
Plans under Section 176(c) of the Clean Air Act of
1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
20. Will comply with the requirements of Section 106(g) of
the Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub -recipient from (1) Engaging in severe
forms of trafficking in persons during the period of time
that the award is in effect (2) Procuring a commercial
sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the
award or subawards under the award.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
City Manager
APPLICANT ORGANIZATION
DATE SUBMITTED
City of Newport Beach
SF -424D (Rev. 7-97) Back
15-46
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
City Manager
Title
15-47
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) 2022-2023 [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
City Manager
Title
15-49
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 CDBG-
assisted 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
City Manager
Title
15-50
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.
15-51