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HomeMy WebLinkAbout2022-26 - Approving the 2022-2023 Annual Action Plan for Allocation of the Federal Community Development Block Grant Program Funds for Fiscal Year 2022-2023RESOLUTION 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; Resolution No. 2022-26 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. Resolution No. 2022-26 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. ATTEST: W1 1 I ' FAmil , W"e,WE "111 a P" F BrownLeilani 1. City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aarbn C. Harp City Attorney f\GV III Mayor Attachment(s): Exhibit A — 2022-2023 Annual Action Plan STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2022-26 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 26th day of April, 2022; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None ABSENT: Council Member Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 271h day of April, 2022. ocdmrj 1 *4h� Leilani I. Brown City Clerk Newport Beach, California