HomeMy WebLinkAboutC-4068(C) - Community Development Block Grant (CDBG) Public Services Agreement FY 10-11CDBG PUBLIC SERVICES AGREEMENT
Between the City of Newport Beach and Fair Housing Council of
Orange County
THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement ") is entered into this 1st
day of July, 2010, by and between the City of Newport Beach ( "City "), a Municipal
corporation and Charter City of the State of California, and FAIR HOUSING COUNCIL
OF ORANGE COUNTY, a California nonprofit public benefit Corporation
( "Subrecipient "), and is made with reference to the following facts:
RECITALS
A. City has entered into various funding agreements with the United States
Department of Housing and Urban Development ( "HUD "), which agreements
provide funds ( "CDBG Funds ") to the City under the Federal Housing and
Community Development Act of 1974 (42 U.S.C. § 5301 et seq.), as amended
from time to time (the "Act "), and the regulations promulgated thereunder (Code
of Federal Regulations, Title 24, Volume 3, 24 C.F.R. § 570 et seq.)
( "Regulations ").
B. Subrecipient has applied to City for CDBG Funds to aid in the cost of
Subrecipient's operation of its FAIR HOUSING SERVICES, which provides Fair
Housing education, counseling, and enforcement services to low and moderate
income residents (the "Program ").
C. The Program is eligible for a grant of CDBG Funds and the City desires to assist
in the operation of the Program by granting CDBG Funds to the Subrecipient to
pay for a portion of those costs incurred in operating the Program, permitted by
the Act and the Regulations on terms and conditions more particularly set forth
herein.
D. On April 27, 2010, the City Council approved the issuance of CDBG Funds, in an
amount not to exceed ELEVEN THOUSAND ONE HUNDRED EIGHTY -FIVE
DOLLARS AND 00/100 ($11,185.00), to Subrecipient for these services.
NOW, THEREFORE, in consideration of performance by the parties of the promises,
covenants and conditions herein contained, the parties hereto agree as follows:
1. Subrecipient's Services.
A. Statement of Services. Subrecipient shall utilize City's CDBG Funds to
provide the services outlined in the Scope of Services, attached hereto as
Exhibit "A" and incorporated herein by this reference. Subrecipient agrees
that the Scope of Services contains an accurate estimate of the number
of people to be assisted during the 2010 -2011 Fiscal Year.
B. Schedule for Completion. Subrecipient shall provide its services under
this Agreement for a 12 -month period commencing July 1, 2010 and
ending June 30, 2011.
C. Standard of Care. As a material inducement to City to enter into this
Agreement, Subrecipient hereby represents and warrants that it has the
expertise and experience necessary to perform the services as set forth in
the Scope of Services according to the standards employed by other
professionals engaged in this type of work.
D. Budget. Subrecipient represents that it shall perform the services as set
forth in the Scope of Services pursuant to the "Proposed Budget' included
in the Scope of Services.
E. Subrecipient represents that the Proposed Budget includes only allowable
costs and an accurate analysis of costs acceptable under the CDBG
Program pursuant to the Regulations (24 C.F.R. § 570.502(b)), which
includes requirements for compliance with OMB Circular No. A -122, "Cost
Principles for Non - Profit Organizations" or OMB Circular No. A -21, "Cost
Principles for Educational Institutions," as applicable and certain
Attachments to OMB Circular No. A -110 with subparts A, B, C, D and
Appendix A. These items shall be in sufficient detail to provide a sound
basis for the City to effectively monitor performance under this
Agreement.
2. Term of Agreement.
This Agreement is effective from July 1, 2010 through June 30, 2011, unless
earlier terminated pursuant to Section 16.
3. Compensation.
A. Upon compliance with the reporting requirements outlined in Section 6
below, City shall reimburse Subrecipient an amount not to exceed
ELEVEN THOUSAND ONE HUNDRED EIGHTY -FIVE DOLLARS 001100
($11,185.00), which shall constitute full and complete reimbursement for
the implementation of this Agreement for the entire award year from July
1, 2010 through June 30, 2011. The parties understand and agree that
such reimbursement, if any, shall be conditioned upon receipt of such
funds by City from HUD and shall not be a charge on any other funds of
City. Payment shall be made in equal quarterly installments upon approval
by City of the quarterly reports as required by Section 6 below. The
quarterly installment payments shall be submitted by October 15, 2010,
January 15, 2011, April 15, 2011, and July 15, 2011. City shall pay such
installment payments within thirty (30) days after receipt of the quarterly
reports, provided City is satisfied that such expenses were incurred within
the scope of this Agreement and that Subrecipient is in compliance with
the terms and conditions of this Agreement.
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B. In the event Subrecipient is in default under the terms of this Agreement,
City shall have no obligation to continue reimbursing Subrecipient for any
work performed after the date of default.
4. Compliance with Laws.
Subrecipient agrees to comply with the following federal, state and City
requirements in the performance of this Agreement:
A. Executive Order 11246 (as amended by Executive Orders 11375 and
12086 (1978)) and implementing regulations at Title 41 C.F.R. Chapter
60, which requires that during the performance of this Agreement,
Subrecipient agrees not to discriminate against any employee orapplicant
for employment because of race, religion, sex, color or national origin.
Subrecipient shall consider all applicants without regard to their race,
religion, sex, or national origin with respect to the following without
limitation: employment, upgrading, demotion, or transfer: recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship.
Subrecipient agrees to post in conspicuous places, available to
employees and employment applicants, notices setting forth the
provisions of this nondiscrimination clause.
B. In its solicitations or advertisements for employees, Subrecipient shall
state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
C. The restrictions against discrimination as required by Executive Order
11063, as amended by Executive Order 12259 and implementing
regulations at Title 24 C.F.R. Part 107.
D. Title VI of the Civil Rights Act of 1964, and Section 109 of the Housing
and Community Development Act of 1974, which provides that no person
shall, on the grounds of race, color, national origin or sex, be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial
assistance.
E. Section 504 of the Rehabilitation Act of 1973 (Pub. L. No. 93 -112), as
amended, and implementing regulations.
F. The Age Discrimination Act of 1975 (Pub. L. No. 94 -135), as amended,
and implementing regulations.
G. The relocation requirements of Title II and the acquisition requirements of
Title III of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970, as amended (Title 24 C.F.R. Part 42).
H. The restrictions prohibiting use of funds for the benefit of a religious
organization or activity as set forth in Title 24 C.F.R. Part 570.2000).
The labor standard requirements as set forth in Title 24 C.F.R. Part 570,
Subpart K and HUD regulations issued to implement and requirements.
The Program Income requirements as set forth in Title 24 C.F.R. Parts
570.504(c) and 570.503(b)(8).
K. The Subrecipient is to carry out each activity in compliance with all
Federal laws and regulations described in 24 C.F.R. Part 570, Subpart K,
except that the Subrecipient does not assume the City's environmental
responsibilities described at 24 C.F.R. Part 570.604; nor does the
Subrecipient assume the City's responsibility for initiating the review
process under the provisions of 24 C.F.R. Part 52.
L. The flood insurance purchase requirement of Section 102(a) of the Flood
Disaster Protection Act of 1978 (Pub. L. No. 93 -234).
M. The regulations, policies, guidelines and requirements of Title 24 C.F.R.
Part 570; the "Common Rule," Title 24 C.F.R. Part 85 and Subpart J;
OMB Circular Nos. A -102, Revised, A -87, A -110 and A -122 as they relate
to the acceptance and use of federal funds under the federally- assisted
program.
N. Title VII of the Civil Rights Act of 1968 (Pub. L. No. 90 -284) as amended.
O. The Lead -based paint requirements of Title 24 C.F.R. Part 35 issued
pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §
4801 et seq.).
P. Maintain property inventory system to numerically identify HUD purchased
property and document its acquisition date as is set forth in OMB Circular
A -110 Attachment N Property Management Standard 6d.
Q. Such other City, County, State, or Federal laws, rules, and regulations,
executive orders or similar requirements which might be applicable.
R. City will use federal funds to pay Subrecipient for the services to be
performed under this Agreement. Title 31 U.S.C. Section 1352 prohibits
any recipient or subrecipient of federal funding from using such funds to
influence or attempt to influence an officer or employee of any federal
agency, a Member of Congress or an officer or employee of Congress, or
any 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 of, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
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S. Every person who requests or receives a federal contract, grant, loan or
cooperative agreement from a federal agency or receives or requests
from a federal agency a commitment that would provide for the United
States to insure or guarantee a loan must file with that agency a written
declaration and certify that he or she has not made and will not make any
prohibited expenditure. Further, any person who requires or receives from
a person referred to above, a subcontract under a federal contract, a
subgrant or contract under a federal grant, a contract or subcontract to
carry out any purpose for which a particular federal loan is made, or
contract under a federal cooperative agreement, is required to file a
written declaration with the person who received the federal contract,
grant, loan or commitment to insure or guarantee a loan.
T. Subrecipient receives no program income as defined in Title 24 C.F.R.
Part 570.500(a).
U. Subrecipient shall comply with applicable uniform administrative
requirements as described in Title 24 C.F.R. Part 85.22 and OMB Circular
A -87 and A -122 and Title 24 C.F.R. Part 570.502.
V. This Agreement is subject to and incorporates the terms of the Housing
and Community Development Act of 1974, as amended; Title 24 C.F.R.,
Part 570; City's CDBG Program Guidelines; and all amendments or
successor regulations or guidelines thereto.
5. Financial Records.
Subrecipient shall keep records of all federal funds received from City under the terms
and conditions of this Agreement and of all costs and expenses related to the program
in accordance with the provisions contained in the Federal Office of Management and
Budget Circular A -110 with its subparts and appendix. The Subrecipient shall maintain
these records and reports to assist the City in maintaining its record - keeping
requirements for the duration of the Agreement and for five (5) years after the
termination or expiration of this Agreement. All federal funds received by subrecipient
from City pursuant to this Agreement shall be maintained separate and apart from any
other funds of Subrecipient or of any principal or member of Subrecipient in an account
in a banking or savings and loan institution. No costs shall be invoiced / billed except for
expenditures authorized in the Scope of Services. The itemized costs shall be sufficient
detail to provide a sound basis for the City to effectively monitor costs under the
Agreement. Subrecipient also agrees to use the Payment requests /Invoice Forms as
provided by the City.
6. Reporting Requirements.
Subrecipient agrees to provide the City with a written quarterly summary and an
unduplicated count of persons and /or families benefiting by the Subrecipient's Program
on or before the 15th day of the following months: October 2010, January 2011, April
2011, and July 2011, setting forth its activities for the previous quarter. The quarterly
report shall contain, without limitation, the ethnic group, income level, female head of
household status, and other data as may be requested by City, of each person assisted
and the result of such assistance. If Subrecipient fails to do so, City may withhold funds
until the required written quarterly reports are received. In addition to the quarterly
report, Subrecipient shall, on or before July 15, 2011, furnish City with a summary of
Subrecipient's activities for the fiscal year commencing July 1, 2010.
Such summary shall include the following:
(i) Documentation of the income level of persons and /or families
participating in or benefiting by the Subrecipient's Program.
(ii) Ethnic and Head of Household data, consistent with HUD's
Grantee Performance Report requirements.
(iii) Additional information such as new pamphlets, copies of
newspaper articles, or brief reports on any special
accomplishments during the year.
7. Inspection of Records.
Subrecipient shall make available performance, financial and all other records pertaining
to each project or business activity that is funded by CDBG funds under this Agreement
for inspection and audit by the City or HUD's representatives, upon request, at any time
during the term of this Agreement and during a period of 5 years thereafter. All such
books.and records shall be maintained by Subrecipient at a location in Orange County.
Failure of Subrecipient to comply with the requirements of this section shall constitute a
material breach for which City may terminate or suspend this Agreement. This section
shall survive the expiration or termination of this Agreement.
A. The City and the United States Government and /or their representatives
shall have access for purposes of monitoring, auditing, and examining
Subrecipient's activities and performance, to books, documents, and
papers, and the right to examine records of Subrecipient's subcontractors,
bookkeepers, and accountants, employees, and participants in regard to
said program.
B. The City and the United States Government and /or their representative
shall also schedule on -site monitoring at their discretion. Monitoring
activities may also include, but are not limited to, questioning employees
and participants in said program and entering any premises or any site in
which any of the services or activities funded hereunder are conducted or
in which any of the records of Subrecipients are kept. Nothing herein shall
be construed to require access to any privileged or confidential
information as set forth in federal or state law.
C. In the event Subrecipient does not make the above - referenced
documents available at the location where services are provided,
Subrecipient agrees to pay all necessary and reasonable expenses
incurred by the City in conducting any audit at the location where the
records and books of account are maintained.
8. Audit Exceptions.
Subrecipient agrees that in the event the Program established hereunder is subjected to
audit exceptions by appropriate state and federal audit agencies, Subrecipient shall be
responsible for complying with such exceptions and for paying City the full amount of
City's liability to the funding agency resulting from such audit exceptions.
9. Subcontracts.
City shall approve all subcontracts in writing. Any subcontracts entered into by
Subrecipient for services rendered toward completion of Subrecipient's portion of this
Agreement shall be for Subrecipient's benefit alone and, as such, shall be its
responsibility with no liability resting with City. Subrecipient agrees to provide City, within
10 business days of execution of this Agreement, a list of all subcontractors to be used
in connection with Subrecipient's services hereunder.
10. Status as Independent Contractor.
Subrecipient is, and shall at all times remain as to City, a wholly independent contractor.
Subrecipient shall have no power to incur any debt, obligation or liability on behalf of
City or otherwise act on behalf of City as an agent. Neither City nor any of its agents
shall have control over the conduct of Subrecipient or any of Subrecipient's employees,
except as set forth in this Agreement. Subrecipient shall not, at any time, or in any
manner, represent that it or any of its agents or employees are in any manner
employees of City. Subrecipient shall fully comply with the worker's compensation law
regarding Subrecipient and Subrecipient's employees. Subrecipient further agrees to
indemnify and hold City harmless from any failure of Subrecipient to comply with the
worker's compensation law.
11. Conflict of Interest.
Subrecipient, its agents and employees shall comply with applicable federal, state and
local laws and regulations governing conflict of interest. Subrecipient covenants that it
presently has no interest and shall not acquire any interest, direct or indirect, that may
be affected by the services to be performed by Subrecipient under this Agreement, or
that would conflict in any manner with the performance of its services hereunder.
Subrecipient further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Subrecipient shall avoid
the appearance of having any interest that would conflict in any manner with the
performance of its services pursuant to this Agreement. Subrecipient agrees not to
accept any employment or representation during the term of this Agreement that is or
may likely make Subrecipient "financially interested" (as provided in California
Government Code sections 1090 and 87100) in any decision made by City on any
matter in connection with which Subrecipient has been retained pursuant to this
Agreement.
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12. Warranty and Representation of Non - Collusion.
No official, officer, or employee of the City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of the City participate in any
decision relating to this Agreement which may affect his /her financial interest or the
financial interest of any corporation, partnership, or association in which (s)he is directly
or indirectly interested, or in violation of any interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any State
or municipal statute or regulation. The determination of "financial interest" shall be
consistent with State laws and shall not include interest found to be "remote" or "non
interest" pursuant to California Government Code Sections 1091 and 1091.5.
Subre6pient warrants and represents that (s)he /it has not paid or given, and will not pay
or give, to any third party including, but not limited to, any City official, officer, or
employee, any money, consideration, or other thing of value as a result or consequence
of obtaining or being awarded this Agreement. Subrecipient further warrants and
represents that (s)he /it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of
value to any third party including, but not limited to, any City official, officer, or
employee, as a result or consequence of obtaining or being awarded any agreement.
Subrecipient is aware of and understands that any such act(s), omission(s) or other
conduct resulting in the payment of money, consideration, or other thing of value will
render this Agreement void and of no force or effect.
Subrecipient's Initials Ld
13. Indemnification.
To the fullest extent permitted by law, Subrecipient shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties ") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this Agreement,
any Work performed or Services provided under this Agreement including, without
limitation, defects in workmanship or materials or Subrecipient's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Subrecipient, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Subrecipient
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Subrecipient.
14. Insurance.
Without limiting Subrecipient's indemnification of City, and prior to commencement of
Work, Subrecipient shall obtain, provide and maintain at its own expense during the
term of this Agreement, policies of insurance of the type and amounts described below
and in a form satisfactory to City.
A. Proof of Insurance. Subrecipient shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Subrecipient shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Subrecipient, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Subrecipient's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements.
Workers' Compensation Coverage. Subrecipient shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Subrecipient's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Subrecipient shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Subrecipient shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City,
its officers, agents, employees and volunteers.
ii. General Liability Coverage. Subrecipient shall maintain
commercial general liability insurance in an amount not less than
one million dollars ($1,000,000) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
blanket contractual liability.
iii. Automobile Liability Coverage. Subrecipient shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Subrecipient arising out of or in connection
with Work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in
an amount not less than one million dollars ($1,000,000) combined
single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage.
Subrecipient shall maintain professional liability insurance that
covers the Services to be performed in connection with this
Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following
provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Subrecipient or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Subrecipient hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Subrecipient acknowledges
and agrees that any actual or alleged failure on the part of the City
to inform Subrecipient of non - compliance with any requirement
imposes no additional obligations on the City nor does it waive any
rights hereunder.
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iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended
by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type.
iv. Notice of Cancellation. Subrecipient agrees to oblige its
insurance agent or broker and insurers to provide to City with thirty
(30) days notice of cancellation (except for nonpayment for which
ten (10) days notice is required) or nonrenewal of coverage for
each required coverage.
E. Timely Notice of Claims. Subrecipient shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Subrecipient's performance under this Agreement.
F. Additional Insurance. Subrecipient shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
16. Cooperation.
In the event any claim or action is brought against City relating to Subrecipient's
services under this Agreement, Subrecipient shall render any reasonable assistance
and cooperation that City might require.
16. Termination.
A. This Agreement may be terminated at any time by either party without
cause upon thirty (30) day written notice to the other party. City may
immediately terminate this Agreement upon the termination, suspension,
discontinuation or substantial reduction in CDBG funding for this
Agreement activity or if for any reason the timely completion of
Subrecipient's services is rendered improbable, infeasible or impossible.
Additionally, City may terminate this Agreement upon seven (7) day
written notice if City determines in its sole discretion that such action is
necessary to respond to an earthquake, fire or other act of God. In such
event, Subrecipient shall be compensated for all services rendered and all
necessarily incurred costs performed in good faith in accordance with the
terms of this Agreement that have not been previously reimbursed, to the
date of such termination, limited to the extent CDBG funds are available.
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B. In accordance with Title 24 C.F.R. Part 85.43, suspension or termination
may occur if Subrecipient materially fails to comply with any term of the
award.
C. If the funding source demands reimbursement for prior payments to
Subrecipient due to Subrecipient's failure to comply with any applicable
term of this Agreement, regulation or statute, Subrecipient shall reimburse
City in the amount of such disallowed payments.
D. The award may be terminated for convenience in accordance with Title 24
C.F.R. Part 85.44.
E. Upon expiration of this Agreement, Subrecipient shall transfer to City any
funds paid pursuant to this Agreement that are on hand at the time of
expiration and any accounts receivable attributable to the use of such
funds.
17. Reversion of Assets.
A. Upon the termination or expiration of the term of this Agreement,
Subrecipient shall comply with Title 24 C.F.R. Part 570.503(b)(8) and
transfer to the City any CDBG funds on hand at the time of such
termination or expiration and any accounts receivable attributable to the
use of CDBG funds. Any real property under the Subrecipient's control
that was acquired or improved in whole or in part with CDBG funds in
excess of twenty -five thousand dollars ($25,000.00) shall either be: (a)
Used to meet one of the national objectives stated in Title 24 C.F.R. Part
570.901 until five (5) years after termination or expiration of this
Agreement; or (b) disposed of in a manner that results in the City's being
reimbursed in the amount of the current fair - market value of the property
less any portion of the value attributable to expenditures of non -CDBG
funds for acquisition of, or improvement to, the property. Reimbursement
to the City shall not be required if the property is disposed of more than
five (5) years after the termination or expiration of this Agreement..
Subrecipient shall not dispose of any real or personal property acquired in
full or in part with CDBG funds through sale, use or relocation without the
expressed and prior written permission of the City.
18. Lobbying.
A. No Federal appropriated funds shall be paid, by or on behalf of the
undersigned, 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
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cooperative agreement.
B. 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, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
C. The undersigned shall require that the language of this 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.
19. Notices
Any notices, bills, invoices, or reports required by this Agreement shall be deemed
received on (a) the day of delivery if delivered by hand during the receiving party's
regular business hours or by facsimile before or during the receiving party's regular
business hours; or (b) on the second business day following deposit in the United States
mail, postage prepaid, to the addresses below, or to such other addresses as the
parties may, from time to time, designate in writing pursuant to the provisions of this
section.
City:
City of Newport Beach
Attn: Kathlyn Bowden, Economic Dev. Coordinator
Planning Department
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Subrecipient:
FAIR HOUSING COUNCIL OF ORANGE COUNTY
Attn: Denise Y. Cato, Chief Operations Officer
201 S. Broadway
Santa Ana, CA 92701
20. Non - Discrimination and Equal Employment Opportunity.
In the performance of this Agreement, Subrecipient shall not discriminate against any
employee, subcontractor or employment applicant because of race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition or sexual orientation. Subrecipient will take affirmative action to
ensure that employees are treated without regard to their race, color, creed, religion,
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sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition or sexual orientation.
21. Conditions for Religious Organizations:
If Subrecipient represents that it is, or may be deemed to be, a religious or
denominational institution or organization or an organization operated for religious
purposes which is supervised or controlled by or in connection with a religious or
denominational institution or organization, Subrecipient agrees that, in connection with
such public services:
A. It will not discriminate against any employee or applicant for employment
on the basis of religion and will not limit employment or give preference in
employment to persons on the basis or religion;
B. It will not discriminate against any person applying for such public services
on the basis of religion and will not limit such services or give preference
to persons on the basis or religion;
C. It will provide no religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such public services;
D. The portion of a facility used to provide public services assisted in whole
or in part under this Agreement shall contain no sectarian or religious
symbols or decorations; and
E. The funds received under this Agreement shall not be used to construct,
rehabilitate, or restore any facility which is owned by the Subrecipient and
in which the public services are to be provided; Provided that, minor
repairs may be made if such repairs (1) are directly related to the public
services, (2) are located in a structure used elusively for nonreligious
purposes, and (3) constitute in dollar terms only a minor portion of the
CDBG expenditure for the public services.
F. Subrecipient shall comply with all applicable conditions of Title 24 C.F.R.
Part 570.503(b)(6) prescribed by HUD for the use of CDBG funds by
religious organizations if Subrecipient is a religious organization.
22. Assignment and Subcontracting.
Subrecipient shall not assign, transfer, or subcontract any interest in this Agreement or
the performance of any of Subrecipient's obligations hereunder, whether by assignment
or notation, without the prior written consent of City, and any attempt by Subrecipient to
so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder
shall be void and of no effect.
14
23. Code of Conduct.
Subrecipient agrees that no officer, employee, agent or assign of City having direct or
indirect control of federal funds granted to the City shall serve as an officer of
Subrecipient. Further, any conflict or potential conflict of interest of any officer of
Subrecipient shall be fully disclosed prior to the execution of this Agreement and shall
be attached to and become a part hereof.
24. Drug Free Workplace.
Subrecipient shall comply with the Drug -Free Workplace Act, and shall make a good
faith effort to continue to maintain a drug -free workplace, including establishing a drug -
free awareness program to inform employees about the dangers of drug abuse and the
Subrecipient's policy and penalties for drug abuse violations occurring in the workplace.
25. Non - Waiver of Terms. Rights and Remedies.
Waiver by either party of any of the conditions of performance under this Agreement
shall not be a waiver of any other condition of performance under this Agreement. In no
event shall the making by City of any payment to Subrecipient constitute or be
construed as a waiver by City of any breach of covenant, or any default that may then
exist on the part of Subrecipient, and the making of any such payment by City shall in
no way impair or prejudice any right or remedy available to City with regard to such
breach or default.
26. Laws Governing This Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California, and all applicable federal statutes and regulations as amended. Any
action brought relating to this Agreement shall be adjudicated in a court of competent
jurisdiction in the County of Orange.
27. Validity.
If any portion of this Agreement is held by a court or arbitrator of competent jurisdiction
to be invalid, void and unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
28. Entire Agreement.
This Agreement, and any other documents incorporated herein by specific reference,
represents the entire and integrated agreement between City and Subrecipient.
ThisAgreement supersedes all prior oral or written negotiations, representations or
agreements. This Agreement may not be amended, nor any provision or breach hereof
waived, except in a writing signed by the parties and approved by the City Attorney that
expressly refers to this Agreement.
29. Conflicts or Inconsistencies.
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
15
Agreement shall govern.
30. No Attorneys' Fees.
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorneys' fees.
[SIGNATURES ON NEXT PAGE]
16
IN WITNESS WHEREOF, the City and Subrecipient have executed this Agreement as
of the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
B:3n 2v
Leonie Mulvihill,
Assistant City Attorney
City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Keith Curry,
Mayor
SUBRECIPIENT:
Fair Housing Council of Orange County
4s��By: JBy;
Leilani rown,
City Clerk
Exhibit A: Scope of Services
Prir
J`
6
('Financial Officer)
Title:
Print Name:
[END OF SIGNATURES]
17
Exhibit A
19
CITY OF NEWPORT BEACH CDBG
°��,FOK�• "- Exhibit A: Fair Housing
Project: Fair Housing Education, Counseling & Enforcement
Organization: Fair Housing Council of Orange County
Description:
This project will provide fair housing education, counseling, and enforcement services to current or potential
Newport Beach residents, coupled with landlord /tenant counseling services. These services impact and benefit
target CDBG areas and the City's extremely -lowto moderate income population. They help counteract unlawful
housing discrimination and assist CDBG target areas in reducing blight. Fair Housing provides the opportunity
for landlords and tenants to correct wrongful housing policies or behavior. It is estimated that, in Newport Beach,
this program will address 2 allegations of housing discrimination that result in the opening of a case file, and will
address approximately 215 landlord /tenant disputes, issues or concerns.
�EligibilityM ,
,i ��
�PF?rgYe
c
ce
�FuR�g
21D
HUD Matrix Code:
CDBG
$11,185
Fair Housing Activities
Eligibility Citation:
570.206
HOME
$0
National Objective:
N/A
ESG
$0
2 Households
Accomplishment
(Discrimination)
Goal:
198 Households
HOPWA
$0
(Landlord/Tenant)
Start Date:
07/01/2010
Other:
$6,115
End Date:
06/30/2011
Total:
$17,300
ocatian�/ Slice ea
/.Bene„,f�iciarie
� i to.e�: B `'��
x
Fair Housing Council of Orange County
201 S. Broadway
Santa Ana, CA 92701
Available to all Newport Beach residents
David Levy
Development Director
Phone: 714 -569 -0823 ext.204
19
Exhibit A: Page 2 of 3
Special Provisions
The following are special provisions that are required as a condition of receiving Community Development Block Grant (CDBG)
funds. Failure to comply with these requirements may lead to possible findings, a breach of the agreement, and /or the repayment of
the funds received under this agreement.
In the Special Provisions section, the term "Operating Department" shall refer to the City Department that is responsible for the
oversight of the project. The term "Operating Agency" or "Subrecipient" shall refer to the Community Based Organization (non-
profit) that is receiving CDBG funds. The term "CDBG Program Staff' shall refer to the Director of Recreation and Community
Services.
Subrecipient Agreement/Consultation Services:
The Operating Department/Agency shall execute a professional services agreement with each consultant/contractor prior to incurring
any costs or distributing any CDBG funds, in compliance with federal contractual requirements.
Program Income:
The Operating Agency will track and report all program income generated from the use of CDBG funds, as defined in 24 CFR, Part
85.25 of the Common Rule. Program income is defined as gross income received by the sub - grantee or sub - recipient directly
generated by a grant- supported activity, or earned only as a result of the grant agreement. Program income includes, but is not limited
to: 1) Fees and donations collected from participants on public service programs; 2) Applicable bid fees from construction or
rehabilitation activities; 3) Principal and interest collections 4) on loans made with CDBG funds; 5) Fees from the use or rental of
real or personal property; and 6) Proceeds from the disposition of property purchased or improved with CDBG funds. Program
income must be recorded as revenues in the CDBG cost center of the Operating Department /Agency's General Ledger. If applicable
and upon receiving approval from the City, the program income maybe used for payment of other eligible- project expenditures that
are not paid with CDBG funds. Otherwise, the funds must be remitted to the City-accompanied-by the Return Funds Transmittal form
within 30 days of receipt.
Retention of Financial Records:
The Operating Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the
expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper
accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be
limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records
documenting procurement of goods and services; 3) Contracts for goods or services; 4) Lease or Rental Agreements; 5) Invoices; 6)
Billing Statements; 7) Cancelled Checks; 8) Timecards signed by employees and supervisors; 9) Personnel Authorization Records;
10) Payroll Registers; 11) Payroll Tax Records; 12) Bank Statements; 13) Bank Reconciliations; and 14) Documentation to support
the allocation of costs.
Payroll and Attendance Records:
The Operating Department/Agency must maintain payroll and time attendance records signed by the employee and approved by the
supervisor. Time distribution records must reflect total work time on a daily basis by program and /or funding source, as applicable.
Payroll and Attendance Records II:
The Operating Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the
expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper
accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be
limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records
documenting procurement of goods and services; 3) Contracts for goods or services; 3) Lease or Rental Agreements; 4) Invoices; 5)
Billing Statements; 6) Cancel led Checks; 7) Timecards signed by employees and supervisors; 8) Personnel Authorization Records; 9)
Payroll Registers; 10) Payroll Tax Records; 11) Bank Statements; 12) Bank Reconciliations; and 13) Documentation to support the
allocation of costs.
20
Exhibit A: Page 3 of 3
By signing below, I acknowledge that I have read and understand all of the special conditions listed above.
Furthermore, I acknowledge that if I fail to comply with the conditions listed, the U.S. Department of Housing and
Urban Development (HUD) and/or the City may require the repayment of the funds received and/or forfeit receiving
future Community Development Block Grant (CDBG) funds.
21
Date
CITY OF NEWPORT BEACH AP 2,1 ?mn
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
April 27, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department e`D�P
Kathlyn Bowden, Economic Development Coordinator
949 -644 -3230/ kbowden(o)citv.newport- beach.ca.us
SUBJECT: Community Development Block Grant Fiscal Year 2010 -2011 One -
Year Action Plan
ISSUE:
The U.S. Department of Housing and Urban Development (HUD) requires the
City of Newport Beach to complete a One -Year Action Plan to receive funds
under the Community Development Block Grant (CDBG) program. The One -
Year Action Plan (Action Plan) is a component of the City's Five -Year
Consolidated Plan (2010 -2014 Consolidated Plan) to be approved under a
separate Council action at this meeting. The One -Year Action Plan document
serves as the annual application for CDBG funding. The City's Action Plan
contains a list of activities the City will assist with CDBG funds during the
upcoming 2010 -2011 fiscal year. The City's entitlement grant amount for this
year is $385,189.
RECOMMENDATION:
1. Hold a public hearing to receive comments on the 2010 -2011 CDBG
Action Plan; and
2. Approve the 2010 -2011 CDBG Action Plan; and
3. Adopt Resolution No. 2010- _ authorizing the City Manager to submit
the FY 2010 -2011 application for CDBG funds and One -Year Action Plan
to HUD, with any modifications to project allocations necessary to conform
the allocations to HUD's final 2010 -2011 CDBG grant allocations and
currently unallocated funds in the City's account with HUD, and
authorizing the City Manager to execute the FY 2010 -2011 CDBG
Program Grant Agreement and all related documents on behalf of the City.
f 106 -
9V)lb
i
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 2
`DISCUS"510N:
The City of Newport Beach's 2010 -2011 Five -Year Consolidated Plan proposes a
strategic vision for housing and community development in the City. The plan
ensures that citizens within the community have an overview of Newport Beach's
housing and community development issues; the annual goals, objectives, and
actions proposed to address the City's needs; and the specific projects proposed
to carry out those goals and objectives.
According to HUD regulations, the City must also submit an Annual Action Plan,
at ,least 45 days prior to the beginning of each program year. The City of
Newport Beach operates on a fiscal year from July 15t through June 30th
Citizen Participation
In accordance with the Citizen Participation Plan, on March 20, 2010, staff
published a notice in the Daily Pilot informing the general public that the City of
Newport. Beach_ had. prepared. the. Draft 2010 -2011 Action Flan and that such
would be available for review and comment until April 27, 2010. The public was
provided an opportunity to provide oral and /or written comments on the One -Year
Action Plan and the proposed activities. To date, no public comments have been
received.
In addition, the Citizen Participation Plan requires that a public hearing be held to
receive testimony from interested residents or parties regarding the One -Year
Action Plan. Tonight's public hearing fulfills the requirements for the public
hearing.
Funding Strategies
The Consolidated Plan serves as the basis of funding strategies for the five year
period (2010 -2014) covering the Consolidated Plan. The One -Year Action Plan
is the implementation component of the Five -Year Consolidated Plan. In
accordance with HUD requirements, the One -Year Action Plan is submitted to
HUD as an annual report outlining the proposed use of CDBG funds prior to the
beginning of the Program Year. It describes how the City will utilize the new
CDBG funds to undertake programs and projects that will help the City meet the
goals and objectives identified in the Strategic Plan chapter of the Consolidated
Plan. The 2010 -2011 Action Plan is the first One -Year Action Plan submitted
under the new 2010 -2014 Consolidated Plan.
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 3
The City has the option to fund fair housing services as part of the public service
grants (subject to the 15% maximum allocation) or as part of the general
administration funds (subject to the 20% maximum allocation). In order to make
more funds available for public service projects, the City has elected to use
administration funds to pay for these services.
Notice of Fundina Availabili
On December 12, 2009, the City published a Notice of Funding Availability
(NOFA) in the Daily Pilot newspaper 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. The City also
made the application available on the City's website and mailed notices to
agencies who received funds in the current Fiscal Year and other agencies who
had expressed interest in receiving funds.
In response to the NOFA, six (6) public service providers submitted applications
for CDBG grants- for - Fiscal -Year 2010 -2011, requesting a total of $106,500. In
addition, one (1) public facilities rehabilitation project application was submitted
by the CDM Community Aquatics Facilities Foundation requesting $43,950, and
the City's Planning Department submitted an application for a Utility Assessment
District Connection Grant Program for low- income owner- occupants for $50,000.
Following is a summary of the CDBG Grant Applications and staff
recommendations to the City Council.
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 4
Summary of Applications
The following information includes a brief description of the CDBG Grant
Applications Received:
Program/Proiect Amount Requested
Human Options $20,000
Human Options Community Resource Center provides services for battered
women and their children. They provide safety, short- and long -term shelter and
transitional housing, crisis intervention, individual and group counseling,
supportive services, legal advocacy and specialized treatment options for adults
and children. Human Options also provides 52 -week batterer's treatment groups
for the abuser - serving approximately 160 -180 individuals (75% men and 25%
women) annually. In addition, the community education and violence prevention
program presents to children and youth, from kindergarten through high school
and college. Human Options estimates serving 30 unduplicated Newport Beach
residents.
(Meets Funding Strategy: Special Needs Strategy 1)
Age Well Senior Services — Home - Delivered Meal Program $28,500
South County Senior Services, Inc (SCSS) officially became Age Well Senior
Services on January 4, 2010. Age Well Senior Services will provide home -
delivered meals to homebound senior citizens (aged 60 years or older) who are
unable to prepare meals from themselves due to age, illness, or disability.
Participants will receive three (3) subsidized daily meals Monday through Friday.
Age Well Senior Services, Inc program estimates serving 145 unduplicated
Newport Beach residents.
(Meets Funding Strategy: Senior Services Strategy 1)
Serving People in Need (SPIN) $15,000
The SPIN Substance Abuse Recovery Program (SARP) provides access to
recovery programs to homeless and low- income individuals who cannot afford it
otherwise. SPIN pays for rent in a recovery home with which SPIN works while
the client seeks employment. Case management includes counseling, and
supplemental services focused on employment, medical assistance, and legal
assistance. Funds will be used for case management, shelter costs, and
operational costs. SPIN estimates serving 8 unduplicated Newport Beach
residents and 250 Orange County residents overall.
(Meets Funding Strategy: Special Needs Strategy 1)
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 5
Families Forward. $15,000
The Families Forward Transitional Housing Program (THP) transitions struggling
families from crisis to stability and self sufficiency. THP has five primary goals,
each of which supports the program's overarching goal of achieving familial self
sufficiency. Goals for the program include: families in need will be linked with
appropriate supporting resources, anxiety and levels of depression will decrease,
families will increase key life skills, families will increase their annual income,
families will be able to secure and maintain housing. Families Forward estimates
serving 135 unduplicated Newport Beach residents and Orange County residents
combined overall.
(Meets Funding Strategy: Homeless Strategy 1)
Share Our Selves Medical and Dental Clinics $25,000
This program will provide primary/urgent care on a daily walk -in basis, chronic
care, and specialty care by appointment to uninsured Orange County residents
and patients in the County MSI Program. In addition, SOS provides bridge
medical care to patients who qualify for medical insurance programs and are
waiting to be placed in an appropriate medical home or who will not qualify but
who reside far from SOS and therefore need to establish a medical home closer
to home. Full scope primary care /urgent care clinics are committed to true open
access for those lacking a more traditional medical home. SOS anticipates
assisting, 275 low- and moderate - income Newport Beach residents.
(Meets Funding Strategy: Public Services 1)
American Lung Association Senior Lung Health Program $8,000
This program will offer "The Best Things in Life are: Breathing and Lunch" series
offering four quarterly workshops throughout the year for senior residents. Each
workshop brings essential lung health tools and information directly to seniors
and empowers them to make healthy life choices to manage and improve their
_lung health. The ALA also involves various public and private partners and
agencies to educate and serve the elderly population. ALA anticipates serving
120 Newport Beach seniors.
(Meets Funding Strategy: Senior Services 1)
Fair Housing Council of Orange County $14,880
The Fair Housing Council of Orange County (FHCOC) will provide fair housing
education, counseling, and enforcement services to current or potential Newport
Beach residents, coupled with landlord /tenant counseling services. These
services impact and benefit target CDBG areas and the City's extremely -low to
moderate income population. They help counteract unlawful housing
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 6
discrimination and assist CDBG target areas in reducing blight. FHCOC
facilitates the opportunity for landlords and tenants to correct wrongful housing
policies or behavior. It is estimated that, in Newport Beach, this program will
address 2 allegations of housing discrimination that result in the opening of a
case file, and address about 780 landlord /tenant disputes, issues or concerns
arising from about 215 unduplicated households.
(Meets Funding Strategy: Housing Strategy 2)
CDM Community Aquatics Facilities Foundation $43,950
The first three phases of the renovation project to update and upgrade the
aquatics center located on campus of Corona del Mar High School, known as the
Marian Bergeson Aquatics Center, have been completed. The fourth phase of
the renovation will upgrade the existing 20 year old restrooms and showers to
comply with current ADA requirements. The proposed renovation will maximize
access to all components of the MBAC. The fourth (4"') phase includes the
removal of barriers to disabled access to ensure that the facility is readily and
easily accessible to, and serves the needs of, the very broad and diverse client
base which uses MBAC. This project will benefit disabled low- and moderate -
income eligible residents throughout the City by providing an ADA complaint,
accessible, and world -class aquatics complex.
(Meets Funding Strategy: Special Needs 1)
City of Newport Beach — Utility Assessment Dist. Grant Program $50,000
The City is concerned about the impact on low- and moderate - income owner -
occupants located within proposed utility undergrounding Assessment Districts in
the City of Newport Beach. In order to reduce the financial burden of an
Assessment District, the City proposes a grant program to cover a portion of the
cost of utility hook -ups to income - qualified owner - occupants within the District(s).
Households that cannot afford to pay for the necessary hook -ups after utilities
have been undergrounded could potentially be left without electricity, thereby
creating a health and safety concern for residents. With CDBG funds, the City
expects to assist 10 or more low- and moderate - income owner- occupants with
utility hook -ups to the new underground utilities to be installed as part of the
assessment district(s).
(Meets Funding Strategy: Housing Strategy 2)
Summary of Programs /Projects not subject to the NOFA
The following information includes a brief description of the CDBG
Programs /Projects that are recommended to the City Council that were not
subject to the NOFA.
FY 2010 -2011 CDBG'One -Year Action Plan
April 27, 2010
Page 7
Amount Requested
City of Newport Beach — Section 108 Loan Repayment $199,346
Funds for this activity will be used to repay the City's Section 108 Loan. The loan
was used to partially fund public improvements to the Balboa Target Area totaling
$8 million. The scope of work includes the Balboa Village Pedestrian and
Streetscape Plan, Street Improvements to Balboa Boulevard, Pier Parking Lot,
Pier Plaza and Lot A connecting access to Main Street.
City of Newport Beach — CDBG Administration $60,000
The CDBG Administration program will pay for City staff salaries and consultant
fees to administer the CDBG program, prepare required reports, monitor sub -
recipients, prepare the 2009 -2010 CAPER, the 2011 -2012 Action Plan, and
ensure overall program compliance with the applicable federal regulations.
The 2010 -2011 Draft Action Plan
The 2010 -2011 Annual Action Plan will delineate the first (1S) year of the 2010-
2014 Five -Year Consolidated Plan. The Action Plan contains Federal, State, and
Local programs available to meet many of the Funding Strategies identified
above. For fiscal year 2010 -2011, the City of Newport Beach will receive
$385,189 in Community Development Block Grant (CDBG) funds. Attached for
City Council consideration is a draft copy of the 2010 -2011 Annual Action Plan,
including all projects and activities that staff recommends funding for FY 2010-
2011.
Draft copies of the plan have been made available to the public at the City of
Newport Beach Planning Department, City Clerk's office and the Central Newport
Library. The public review and comment period commenced on March 20, 2010
and continued through April 27, 2010. The deadline for submitting the City's
Action Plan to HUD is May 15, 2010.
Fundina Rationale
CDBG regulations limit the amount of funding that can be used for public service
activities to fifteen percent (15 %) of the program year's entitlement grant.
Additionally, no more than twenty percent (20 %) of the program year's grant may
be obligated for planning and administrative costs. The remaining amount (65 %)
can then be allocated to support other projects.
I
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 8
2010 -2011 CDBG Entitlement $385,189
Unallocated CDBG Funds (Prior Year) $5,149
CDBG Program Income $0
All other forms of CDBG $0
TOTAL $390,338
Taking into consideration the level of funding available, the amount of funding
requested, past performance and proposed accomplishments, anticipated benefit
to Newport Beach residents, and City priorities, staff recommends that the City
Council approve CDBG funds for the following activities:
Given the level of funding available, the amount of funding requested, past
performance and proposed accomplishments, anticipated benefit to Newport
Beach residents, and City priorities, staff did not recommend funding for the CDM
1 This funding level is higher than the original $32,938 included in the Public Review draft of the
Action Plan. The additional funds are available as a result of the release of the final CDBG
allocations from HUD subsequent to the publication of the Public Review draft of the Action Plan.
The additional funds allow the City to fully fund the Utility Assessment District Grant Program.
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 9
Community Aquatics Facilities Foundation and the American Lung Association
Senior Lung Health Program.
The CDM Community Aquatics Foundation request for funding to assist a portion
of the 0 phase of their public facilities renovation, specifically ADA
Improvements to the restrooms and showers, meets the Consolidated Plan
Funding Strategy objective to assist persons with Special Needs. However, the
City's 2010 -2014 Consolidated Plan has identified a Housing Strategy to promote
the development, preservation and retention of affordable housing. This is a new
strategy that was not included in prior Consolidated Plans that staff believes has
the potential for a greater impact in the community than assisting with funding for
restroom facilities and showers in one (1) public facility. In prior years, the City
has used its CDBG funds available for capital improvement projects to make
ADA modifications to City sidewalks through the installation of curb ramps. The
Utility Assessment District Grant Program provides Newport Beach with the
opportunity to demonstrate to HUD that the City is committed to the preservation
of its housing stock — particularly housing occupied by longtime residents who are
now. on fixed incomes who are not able to afford to pay the necessary costs
bome by homeowners in a utility assessment district. While the CDM
Community Aquatics Foundation's request does meet an identified Funding
Strategy, staff believes that CDBG funds will make a greater impact as
recommended in the table above.
Further, staff does not recommend partially funding both capital improvement
proposals due to the administrative burden associated with these projects.
Based on past experience administering the CDBG program, capital
improvement and housing programs require a high level of administrative
oversight. Staff does not recommend funding more than one (1) capital
improvement project in a given fiscal year to ensure that the City can dedicate
sufficient administrative resources to the oversight of the selected capital
improvement project in order to guarantee 4-successful and HUD - compliant
outcome.
The American Lung Association Senior Lung Health Program request for funding
to offer an informational lunch series and quarterly workshops for an estimated
120 Newport Beach senior residents concerning lung health would conform to
the Consolidated Plan Funding Strategy of Senior Services; however, staff
believes that this Funding Strategy is better fulfilled by existing programs funded
through CDBG and other local sources to provide home - delivered meals to an
anticipated 145 low- income seniors, most of whom are unable to provide for their
own basic nutrition due to lack of mobility, disability, health and income concerns.
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 10
ENVIRONMENTAL REVIEW:
Not subject to CEQA, as the activity is not a project, as defined in Section
15378(b)(4).
PUBLIC NOTICE:
Notice of the public hearing was published in the Daily Pilot on March 14, 2009.
FUNDING AVAILABILITY:
HUD released its final CDBG allocation for the 2010 -2011 Fiscal Year
subsequent to the release of the Public Review Draft of the 2010 -2011 Action
Plan. The City will receive a 2010 -2011 allocation of $385,189 in CDBG Funds.
Prepared by:
thlyn Bowde ICP
conomic Developmenf Coordinator
Submitted by:
Sharon. Wood
Assistant City Manager
Attachments: Draft One -Year Action Plan and Resolution
CITY COUNCIL RESOLUTIONNO.2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING THE ANNUAL ACTION PLAN WHICH IS PART OF
THE CONSOLIDATED PLAN, AND THE PROJECTED USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FOR FY 2010 -2011, AND
SUPERCEDING ALL PREVIOUS RESOLUTIONS WHICH ARE
INCONSISTENT THEREWITH.
WHEREAS, the City of Newport Beach participates in the Department of Housing and
Urban Development's Community Development Block Grant (CDBG); and
WHEREAS, the City of Newport Beach anticipates receiving $385,189 in CDBG funds
for fiscal year 2010 -2011; and
WHEREAS, on August 26, 2009, the City of Newport Beach's Planning Department
conducted a Community Meeting with Newport Beach residents and community based
organizations to evaluate the current level of services offered and to identify any new community
needs; and
WHEREAS, the Department of Housing and Urban Development (HUD) requires the
City to prepare a 5 -year "Consolidated Plan" document for the CDBG program and the 2010 -
2014 Consolidated Plan was adopted by the City Council on April 27, 2010; and
WHEREAS, the Annual Plan is an integral part of the Consolidated Plan; and
WHEREAS, on December 12, 2009, the City published a Notice of Funding Availability
(NOFA) in the Daily Pilot newspaper to announce the availability of CDBG funds and solicit
proposals for tax- exempt nonprofit organizations that provide eligible CDBG services or projects
that benefit Newport Beach; and
WHEREAS, on March 20, 2010, the City published a public notice in the Daily Pilot
newspaper indicating that the draft Action Plan would be available to the public for review and
comment from March 20, 2010 to April 27, 2010; and
WHEREAS, on April 27, 2010, the City Council approved the draft Action Plan and
budget, including amendments to respond to the comments that are presented at the hearing; and
WHEREAS, the City Council has considered the community needs, priorities, and
strategies set forth in the Consolidated Plan and the Housing Element of the General Plan and
concludes the proposed allocation of $385,189 in fiscal year 2010 -2011 CDBG funds is
consistent with the Consolidated Plan and Housing Element; and
WHEREAS, pursuant to Section 15378 of the State CEQA Guidelines, the proposed
project is exempt from the requirements of CEQA.
NOW, THEREFORE, the City Council of the City of Newport Beach DOES HEREBY
RESOLVE as follows:
SECTION 1. The Action Plan outlining the City's housing and community development
needs, priorities and strategies for FY 2010 -2011 is hereby adopted, and the City Council DOES
HEREBY AUTHORIZE the City Manager to be the official representative of the City of
Newport Beach to submit the Action Plan and certification required to HUD, including any
modifications to allocations necessary to conform the allocations to HUD's final 2010 -2011
CDBG grant allocations and currently unallocated funds in the City's account with HUD..
SECTION 2. That the City Council DOES HEREBY AUTHORIZE the City Manager, or
his/her designee, to execute the FY 2010 -2011 CDBG Program Grant Agreement and all related
documents on behalf of the City.
SECTION 3. That the City Council DOES HEREBY AUTHORIZE the Economic
Development Coordinator of the Planning Department, or his/her designee, to be the official
representative of the City of Newport Beach to submit required environmental documentation for
CDBG projects.
PASSED. AND ADOPTED by the City Council of the City of Newport Beach at a regular
meeting held on the 27th day of April 2010.
MAYOR OF THE CITY OF NEWPORT BEACH
attest:
`CITY CLERK OF THE CITY OF NEWPORT BEACH
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF NEWPORT BEACH )
I, LEILANI BROWN, City Clerk of the City of Newport Beach, HEREBY DO CERTIFY
that the foregoing resolution was duly adopted at a regular meeting of the City Council of the
City of Newport Beach, held on the 27th day of April 2010.
AYES: COUNCILMEMBERS:
►j
r ?.
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
1
i�
CITY CLERK OF THE CITY OF NEWPORT BEACH
3
)a-)
TABLE OF CONTENTS
1. Executive Summary 1 -1
Overview of the Consolidated Planning Process
Strategic Planning Table
2. Strategic Plan 2 -1
Introduction
Local Objectives
HUD - Specified Objectives
3. Available Resources 3 -1
Federal Resources
State and Local Resources
Other Resources
4. Distribution of Resources 4 -1
Distribution Among Priority Need
Geographic Distribution
CDBG Eligible Area Map
5. Program Year Activities 5 -1
Summary
Project Tables
Appendices
A. SF -424 and Certifications
B. Project Summaries (CPMP Strategies)
C. Proof of Public Notices and Public Comments
D. Map (Newport Beach Eligible Areas)
E. Action Plan Checklist
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011
REVISED 04/19110
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IF NEWPORT BEACH ANNUAL ACTION PLAN
ROGRAM YEAR 2010 -2011
pter 1. EXECUTIVE SUMMARY
I/,
EXECUTIVE SUMMARY
Overview of Consolidated Plan Process
Each year, the City of Newport Beach receives Community Development Block Grant
(CDBG) funds from the U.S. Department of Housing and Urban Development (HUD).
These funds are used to benefit the low- and moderate - income residents of the City by:
• Providing decent housing;
• Providing a suitable living environment; and
• Expanding economic opportunities.
The City develops a Consolidated Plan every five (5) years to ensure that the funds are
used to meet the most urgent community needs. The City developed a community
needs assessment as part of the 2010 -2014 Consolidated Plan. The needs assessment
includes quantitative and statistical research, resident survey results, and input from
local non - profits and service agencies. Based on the needs assessment, the City
compiled a list of goals and objectives to meet the community's needs in a Strategic
Plan. The objectives address housing, homeless, and other community development
needs. A summary of the current strategic plan is included in this Plan. Together, the
community needs assessment and the Strategic Plan form the Consolidated Plan.
In accordance with HUD requirements, the One -Year Action Plan will be submitted to
HUD at least 45 days prior to the beginning of the 2010 -2011 Program Year.
One -Year Action Plan for 2010 -2011 Program Year
The City's Economic Development Division is responsible for developing the annual
action plan and administering the programs included in the plan. This department made
efforts to include all community stakeholders in the development of the action plan.
Appendix "C° has copies of the public notices and a summary of all public comments
received.
This is the One -Year Action Plan for program year 2010 -2011, a component of the
2010 -2014 Consolidated Plan. It describes how the City will utilize the new HUD grant
funds and other available resources to undertake programs and projects that will help
the City meet the goals and objectives outlined in the Consolidated Plan.
For the 2010 -2011 Program Year, which starts July 1, 2010 and ends June 30, 2011,
the City of Newport Beach will receive $385,189 in CDBG Funds. The City will allocate
these funds to the following programs:
2010 -2011 CDBG Entitlement
$385,189
Unallocated CDBG Funds (Prior Year)
$5,149
CDBG Program Income
$0
All other forms of CDBG
$0
TOTAL
$390,338
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -1
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1. EXECUTIVE SUMMARY
Use of CDBG Funds
'Project budget amount $60,773 plus Unallocated CDBG Funds $5,149.
Request for Proposals
The City published a Notice of Funding Availability (NOFA) on December 12, 2009 in
the Daily Pilot newspaper. The City also made the CDBG application available on the
City website and mailed applications to agencies receiving funds in the current year as
well as those that had expressed interest. Agencies were given until January 20, 2010
to submit proposals. In response, six (6) public service providers, one (1) housing
provider, one (1) non - profit community service provider, and one (1) City Department
submitted applications for CDBG grants for Fiscal Year 2010 -2011. The following
organizations were involved in this process:
• Age Well Senior Services
• American Lung Association
• Fair Housing Council of Orange County
• Families Forward
• Human Options
• Serving People In Need
• Share Our Selves
• CDM Community Aquatics Facilities Foundation
• City of Newport Beach — Economic Development Division
Citizen Participation
The draft One -Year Action Plan was made available to the general public for a period of
30 days prior to holding the City Council public hearing in order to provide residents or
agencies the opportunity to review the recommendation for funding. In compliance with
the City's approved Citizen Participation Plan and CDBG implementing regulation 24
CFR 92 -105, a Public Notice was published to solicit public comments from interested
CITY OF NEWPORT BEACN ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1.2
REVISE, 04/19/10
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1. EXECUTIVE SUMMARY
citizens and to consider and approve the City's 2010 -2011 One -Year Action Plan. The
ublic hearin comment eriod ran from March 20, 2010 to April 27, 2010.
As a prerequisite to submitting its Annual Action Plan, the City's Citizen Participation
Plan and CDBG implementing regulation require that a public hearing be held to allow
citizens and public service agencies an opportunity to express their views concerning
the use of said funds Said ublic hearin was held on April 27, 2010 before the C',
Council. F NO
Agencies in attendance were given an opportunity to
present their ro ram and make a formal request for the funding of their program.
There is from the public on the 2010 -2011 Action Plan.
The City is committed to the participation of minorities, non - English speaking persons,
and persons with disabilities in the Consolidated Plan process. Wherever a significant
number of extremely low- and low- income persons speak and read a primary language
other than English, translation services at all public hearings are provided in such
language if translation services are available and are requested in advance at least 72
hours prior to the public meeting.
Consultation
in addition to the NOFA and the mailed applications, the City met with the Planning
Department to determine needs and strategies within the City's organization.
2010 -2011 CDBG Allocations
The table below illustrates how the City will use the 2010 -2011 CDBG allocation to meet
the HUD - mandated priority need categories: .
The following tables provide a summary of the strategies identified in the 2010 -2014
Consolidated Plan as they relate to the proposed activities for the 2010 -2011 Action
Plan:
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -3
REVISED 04/19110
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1. EXECUTIVE SUMMARY
HOUSING
Affordability /Decent
Affordable Housing
Acquisition of Affordability
Covenants on Rental Properties Housing Units 34 0
(North Newport Center &Santa
Barbara Condominiums)
Construction of Multi- Family
Affordable Housing Units 68 0
Housing Units
(Airport Area Conexant)
GITy OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011
REVISED 04119/10
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1. EXECUTIVE SUMMARY
SENIOR SERVICES
SPECIAL NEEDS /NON- HOMELESS
Battered and Abused Spousal
Programs
Food & Essential Services
Referral and Case Management People 35 7
Services
Employment Training and
Accessibility / Suitable placement for persons with
Living Environments Disabilities
Upgrade Public Facilities with I Public Facilities I 2 0
ments
ADA Improve
Substance Abuse Rehabilitation I People I 40 I 8
Services
CITY OF NEWPORT BEACH ANNUAL. ACTION. PLAN FOR PROORAM YEAR 2010 -2011 PAGE 1 -5
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1. EXECUTIVE SUMMARY
HOMELESS AND HIV /AIDS
Homeless Prevention Programs
Transitional Housing
Emergency Shelter to Victims of
Accessibility If Suitable Domestic Violence
Living Environments People
Transitional Housing and Support
Services for Victims of Domestic
Violence
Case Management and Other
Services
PUBLIC SERVICES
Accessibility If Suitable
Living Environments
General Public Service Programs
Employment and Other Training
Programs
Food and Essential Services
Family Services
Health Services
Youth Services
500 1 100
People 1 500 1 100
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -6
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1. EXECUTIVE SUMMARY
PUBLIC FACILITIES
Sustainability / Suitable ]Section 108 Loan Repayment — I Public Facilities I 5 I 1
Living Environments I Balboa Village Improvements
CDBG funds for the 2010 -2011 program year will be allocated among the following
national HUD outcomes for the three HUD objectives:
Improved Availability and /or Accessibility of Decent Affordable Housing is achieved
through the City's CDBG investment in fair housing activities such as education,
landlord /tenant counseling, and legal action with the Fair Housing Council. In addition,
the City's housing rehabilitation program also increases the Availability and /or
Accessibility of Decent Affordable Housing for its residents. The Utility Assessment
District Grant program will assist low- and moderate - income households to cover a
portion of the cost of utility hook -ups and can also correct certain health and safety
issues. In the 2010 -2011 program year, the following projects will result in an increase
in the accessibility of 207 low /moderate - income households:
• Fair Housing Services
• City of Newport Beach — Utility Assessment District Grant Program
Increased Availability and /or Accessibility of Suitable Living Environments is
accomplished as the City contributes CDBG funds to five (5) programs that provide an
array of services from emergency and transitional services to home - delivered nutritious
-CITY OF NEWPORT BEACH ANNUAL. ACTION PLAN FOR PROGRAM YEAR 2010 -2011 P
RE VISEO 04/19/10
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i
1. EXECUTIVE SUMMARY
meals to homebound seniors. These programs will increase the suitable living
environment of 315 low /moderate income persons:
• Age Well Senior Services — Home Delivered Meals
• Families Forward — Transitional Housing Program
• Human Options — Community Resource Center
• Serving People in Need (SPIN) — Substance Abuse Treatment
• Share Our Selves — SOS Free Medical and Dental Clinics
Increasing the Availability and /or Accessibility of Economic Opportunities is an on -going
endeavor as the City continues to eliminate blight, improve deteriorated properties and
preserve the community infrastructure in order to provide economic empowerment in
Balboa Village. The improvements in Balboa Village ultimately improve economic
opportunities for low- income persons and increase the range of housing options and
related services for persons with special needs. During the 2010 -2011 program year,
the City will use a portion of the CDBG funds to pay the debt on a prior CDBG loan that
was the catalyst to improve the Balboa Village area:
City of Newport Beach — Section 1.08 Loan Repayment
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -8
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CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 2. STRATEGIC PLAN
n C
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2. STRATEGIC PLAN
Overview
The following is a summary of the Five -Year Strategic Plan and how the activities
proposed for the upcoming program year will work toward achieving the goals included
in the Strategic Plan. The full version of the Strategic Plan is in the City's 2010 -2014
Consolidated Plan and can be obtained from the City's Economic Development
Division.
The strategic plan goals are divided between Newport Beach program objectives and
HUD - specified objectives. The Newport Beach program goals were developed based on
the specific needs found within the community. The HUD - specified goals are mandated
by the federal government and designed to meet common needs found in communities
throughout the country. An activity may appear more than once given that some local
and federal goals overlap. All activities proposed for the 2010 -2011 program year will
strive to serve low- and moderate - income persons or households. No activities will seek
eligibility under the "urgent need" national objective.
Newport Beach Program Objectives
Housing Funding Priorities and Strategies:
1. Increase supply of housing units affordable to moderate - income households
through new construction.
2. Increase acquisition of affordability covenants on rental properties.
.3. Maintain existing level of Section 8 housing vouchers and rent - restricted units
within the City.
4. Increase housing rehabilitation to prevent deterioration of property and
maintain affordable decent housing.
5. Ensure universal access to fair housing choice within the city.
Senior Services Funding Priorities and Strategies:
1. Increase and improve supportive services to elderly residents through senior
programs.
Special Needs /Non- Homeless Funding Priorities and Strategies:
1. Increase accessibility of persons with disabilities to public facilities.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -1
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2. STRATEGIC PLAN
2. Increase supportive services for battered and abused persons due to
domestic violence.
3. Increase supportive services for persons suffering from substance abuse.
Homeless and HIV /AIDS Funding Priorities and Strategies:
1. Preserve the supply of emergency and transitional housing.
2. Improve services for homeless persons and prevent those at -risk of becoming
homeless from losing their housing.
3. Improve services for women and children who are homeless because of
domestic violence.
4. Improve quality of life for persons living with HIV /AIDS.
5. Increase case management and other services.
Public Services
1. Increase accessibility to general public services for the purpose of creating
suitable living environments.
2. Increase availability of employment and other training programs.
3. Improve accessibility of food and essential services for the well -being of
individuals.
4. Increase accessibility to family and health services for the purpose of creating
suitable living environments.
Public Facilities
1. Sustain local public facilities for the purpose of maintaining suitable living
environments.
2. Preserve community infrastructure in order to provide economic
empowerment in targeted neighborhoods.
HUD- Specified Program Objectives
1. Address Obstacles to Meeting Needs
2. Foster and Maintain Affordable Housing
3. Remove Barriers to Affordable Housing
4. Reduce Poverty
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 - 2011 . PAGE
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2. STRATEGIC PLAN
5. Develop Institutional Structure
6. Enhance Service Delivery
7. Address Threat of Lead Paint
8. Improve Public Housing
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010.2011 PAGE 233
REVISED 04119/10
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2. STRATEGIC PLAN
Newport Beach Program Objectives: Housing
1. Increase the supply of newly constructed affordable housing units to
moderate - income households
As stated in the Newport Beach Housing Element, the City's goal is to preserve and
increase housing affordability. The City has set a target of adding 68 housing units at
Airport Area Conexant in the Consolidated Plan. This goal will be met towards the
end of the 5 -year period.
2. Increase acquisition of affordability covenants on rental properties
The City has set a target of adding 34 affordable housing units in the Consolidated
Plan. The City will acquire covenants on rental properties for the purpose of
increased affordable rental units at North Newport Center and Santa Barbara
Condominiums.
3. Maintain current level of Section 8 Voucher and Rent - Restricted units supply
Section 8 vouchers are rental assistance payments to owners of private market rate
units on behalf of very low- income tenants. This program allows the users to find
their own housing which best suits their needs. Currently, the County has
approximately 120 vouchers within the Newport Beach City boundary at any given
point in time. The City will continue to support this county administered program and
promote the increase of vouchers in the City. In addition, the City continues with the
on -going rent - restricted units totaling approximately 323.
4. Maintain decent affordable housing through housing rehabilitation and utility
connection programs
The City will prevent deterioration of property and improve the existing conditions for
the purpose of creating decent affordable housing through housing rehabilitation and
utility connection programs. The City has set a goal of 21 owner - occupied housing
units to be rehabilitated through the Utility Assessment District Grant program in the
consolidated plan. The City has planned to meet a goal of 7 owner - occupied housing
units for the 2010 -2011 program year.
City of Newport Beach Utility Assessment District Grant Program $65,922
5. Ensure universal access to fair housing
The City is committed to ensuring the right to housing for all of its residents. Fair
housing activities undertaken this year will be carried out by the Fair Housing
Council of Orange County and will include conflict resolution, landlord /tenant
counseling and investigation /prosecution of discrimination complaints. The City will
also partner with other local jurisdictions and the Fair Housing Council of Orange
County to update the regional Analysis of Impediments to Fair Housing (AI).
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -.2011 PAGE 2-4
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2. STRATEGIC PLAN
The Fair Housing Council provides services above what is typically considered
housing discrimination. In the coming year, the organization will address
discrimination in the following areas:
• Lending Practices: While data and study has not shown discrimination in lending,
efforts have not been proactive.
• Insuring Practices: Some insurance companies may be targeting certain zip
codes for higher rates of denial or different terms and conditions for insurance
coverage.
• Outreach and Education: A lack of a standard in the fair housing education
system may leave gaps in communities. In addition, some immigrant populations
may not be aware of the right to fair housing.
• Public Policies /Programs: A lack of coordination among cities in the region in
regards to their planning activities may have an adverse effect on fair housing
efforts on a regional basis.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011
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2. STRATEGIC PLAN
Newport Beach Program Objectives: Senior Services, Special Needs /Non-
Homeless and Public Services
The City's Consolidated Plan must describe the needs of persons who are not
homeless but who require supportive housing. These "special need" populations
include elderly, frail elderly, persons with disabilities (mental, physical,
developmental), persons with alcohol or other drug addiction, and public housing
residents.
1. Increase accessibility to public facilities
The City will continue to provide funding for ADA Sidewalk Improvements to public
facilities throughout the City to ensure accessibility to residents with disabilities. In
the upcoming program years, the City will allocate CDBG funds for such
improvements. The City set a goal of improving ADA access to two public facilities in
the consolidated plan.
2. Improve support services to elderly residents
Seniors are the largest and fastest growing "special need" population in Newport
Beach. The City will provide support to seniors to enable them to remain
independent. In the upcoming program year, the City will provide CDBG funding to
Age Well Senior Services, Inc. to manage and administer the Hoag Hospital Mobile
Meals Program. This program delivers nutritious meals to Newport Beach residents
who are homebound due to age, disability, or illness. This service allows seniors
who may otherwise become institutionalized remain in their homes and maintain
their self - sufficiency.
In the 2010 -2011 program year the City has recommended funding for the following
activity to help address the special needs of persons in and around Newport Beach:
• Age Well Senior Services Home Delivered Meals Program $20,000
3. improve support services to those with substance addictions
Persons suffering from substance addictions are a target population of the City's
Anti - Poverty Strategy. Once a person has begun the recovery process, there is a
higher chance they will become self - sufficient. In the upcoming program year, the
City will continue to support the efforts of Serving People In Need (SPIN) by funding
their Substance Abuse Rehabilitation Program for low- and moderate - income clients.
The program includes one month of room and board, counseling, and supplemental
services focused on employment, medical assistance, and legal assistance.
In the 2010 -2011 program year the City has recommended funding for the following
activity to help address the special needs of persons in and around Newport Beach:
• Serving People In Need Substance Abuse Rehabilitation Program $10,000
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2-9
REVISE, 04/18/10
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2. STRATEGIC PLAN
4. Assist battered women and children
Domestic violence may not be as visible in Newport Beach as in surrounding
communities, but the City still views people with special needs as an important issue
that is a high priority to be addressed.
In the 2010 -2011 program year, the City has recommended funding for the following
activity to help address the special needs of persons in and around Newport Beach:
• Human Options Community Resources Center
$4,600
5. Provide and improve public services to contribute to the well -being of families
and neighborhoods
The City will continue its efforts to provide and improve public services to its
residents. The City has identified a need for health services assistance to persons
who cannot afford medical and dental insurances. This upcoming year the City has
recommended, funding for Share -Our Selves, a non - profit organization that provides
primary/urgent care on a daily walk -in basis, chronic care, and specialty care by
appointment to uninsured Orange. County residents and patients in the County MSI
Program. This activity will provide a service to persons in need of medical and
dental care.
In the 2010 -2011 program year, the City has recommended funding for the following
activity to help address needed public services in and around Newport Beach:
• Share Our Selves SOS Free Medical and Dental Clinics $9,000
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -7
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2. STRATEGIC PLAN
Newport Beach Program Objectives: Homeless
1. Preserve the supply of emergency and transitional housing
While no emergency shelter or transitional housing facilities are located within
Newport Beach, the provision of shelter is a priority for the City. The City will work
with agencies in surrounding areas to address homelessness. In FY 2010 -2011 the
City will fund the following activities to meet this goal:
Families Forward Transitional Housing Program
2. Assist homeless and prevent those "at- risk" of becoming homeless
$10,000
Part of the City's Anti - Poverty Strategy is to assist those 'sat- risks' of losing their self -
sufficiency and becoming more dependent on public services. The City will fund the
following projects in FY 2010 -2011 to meet this goal:
• Families Forward Transitional Housing Program
3. Assist homeless battered women and children
$10,000
Homelessness may not be as visible in Newport Beach as in surrounding
communities, but the City still views homelessness as an important issue that is a
high priority to be addressed. The City will continue to work with its partner agencies
within the Orange County Continuum of Care to best meet the needs of homeless
persons and those at risk of homelessness.
In the 2010 -2011 program year, the City has recommended funding for the following
activities to help address the public service needs of homeless persons in and
around Newport Beach:
• Human Options Community Resources Center
• Families Forward Transitional Housing Program
4. Improve support services to HIVIAIDS population.
$4,600
$10,000
In prior years, the City has worked with Mercy House's transitional housing program
for adults living with HIV or AIDS, the only project of its kind in Orange County.
Mercy House administers the project. In prior years, the City has provided funding
to provide staff salaries and program supplies at Emmanuel House, Joseph House,
and Regina House. While the City will not be providing CDBG funds to support this
public service because these organizations did not apply for funding, the City will
continue to support the efforts of these providers in assuring Newport Beach adults
living with HIV or AIDS are being served.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011
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7 2
2. STRATEGIC PLAN
Newport Beach Program Objectives: Community Development
1. Sustain public facilities to eliminate blight, blighting influences, and prevent
the deterioration of property.
The City has completed the work detailed in the Balboa Village Pedestrian and
Streetscape Improvement Plan. CDBG funds were used to secure a Section 108
loan, which was used in conjunction with City parking funds to fund the
improvements. The City expects the project to stimulate private economic
investment in the area. In other CDBG Target areas, the City will rely on code
enforcement activities to identify deterioration in its early stages.
City of Newport Beach Section 108 Loan Repayment $199,346
2. Preserve community infrastructure to provide economic empowerment in
targeted neighborhoods
In FY 2010 -2011, the City will use CDBG to repay the loan used for the Balboa
Village Pedestrian and Streetscape improvements and provide other funding
sources to fund code "enforcement officers to identify deterioration in its early stages.
• City of Newport Beach Section 108 Loan Repayment $199,346
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 "'PAGE 2.9
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2. STRATEGIC PLAN
HUD - Specified Program Objectives
1. Address Obstacles to Meeting Needs
The housing and community development process is lengthy and complex. A wide
range of obstacles often hamper new development. HUD asks local governments to
formulate a plan to mitigate these obstacles. The City has identified the lack of
developable sites, high land costs and limited funding as obstacles to affordable
housing. Other obstacles in non - housing community development include NIMBY-
ism (Not in My Backyard), lack of organizational capacity, and lack of available
funding.
In response, the City has adopted policies to overcome some of these obstacles. In
regard to affordable housing, the City encourages affordable housing production by
providing density bonuses to interested developers and through the inclusionary
zoning requirements. The City will work closely with affordable housing developers
to expedite the permitting process in order to cut costs.
In regard to non - housing obstacles, the City will facilitate community involvement to
increase understanding of community needs and the possible solutions to meet
those needs. The City will maintain close partnerships with service providers and
other community development professionals to identify and correct issues such as
lack of capacity and resources.
2. Foster and Maintain Affordable Housing
As stated above, the City has identified the lack of developable sites, high land costs
and limited funding as obstacles to producing affordable housing. However, within
the Newport Beach Sphere of Influence, there may be additional options for future
residential development. The Bay Knolls and Santa Ana Heights areas were
annexed by the City in 2006. As a result of the annexation, the City will explore
opportunities for increasing the City's affordable housing supply in these areas.
Toward the end of the 2010 -2014 Consolidated Plan cycle, additional affordable
units will be created. The City continues to monitor and enforce affordability
covenants on affordable housing projects throughout the City. This includes not only
housing units developed with federal funds, but also all units with an affordability
covenant in place.
3. Remove Barriers to Affordable Housing
The City will continue to implement the following procedures and programs:
Monitor all regulations, ordinances, departmental processing procedures, and
residential development fees to ensure these requirements do not excessively
constrain affordable residential development.
CITY OF NEWPORT BEACH. ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -10
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2. STRATEGIC PLAN
• Continue to offer density bonus incentives for the development of affordable
housing pursuant to state density bonus requirements and the City's General
Plan Housing Element.
Partner with the Fair Housing Council of Orange County to provide tenant and
landlord counseling to provide fair housing opportunities for Newport Beach
residents.
4. Reduce Poverty
Almost all of the City's funded programs are aimed at helping a family or individual
increase or maintain their self - sufficiency. For example, the Age Well Senior
Services' Mobile Meals Project supports self - sufficiency of seniors and persons with
disabilities.
In the 2010 -2011 program year, the City will fund the following activities that will
directly contribute to reduction of poverty levels in Newport Beach:
• Age Well Senior Services Home Delivered Meals $20,000
• Human Options Community Resources Center $4,600
• Serving People In Need (SPIN) Substance Abuse Rehabilitation $10,000
• Families Forward Transitional Housing Program $10,000
5. Develop Institutional Structure
The City relies heavily on its community partners in order to provide needed services
to area residents. Unfortunately, the City receives a relatively small allocation of
federal funds, of which only 15 percent can be provided to social service
organizations for the provision of services. City staff will work with organizations that
do not receive federal funds and provide a Certification of Consistency if the
proposed project reflects the goals and objectives of the City's adopted Consolidated
Plan.
6. Enhance Service Delivery (Including Monitoring)
The City continues to refine its internal procedures and build, its relationships with
partner agencies in order to provide the highest level of. service to the targeted
populations.
The City will also make efforts to ensure a high level of service from its sub -
recipients to further the current Five -Year Consolidated Plan and the One Year
Action Plan. These efforts start at the beginning of the program year with a technical
assistance meeting that covers program requirements, such as record keeping,
invoicing, and procurement. Throughout the program year, the City will review
payment requests and progress reports to ensure program compliance and provide
technical assistance when needed. It is the City's goal to provide on -site monitoring
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2D11 PAGE 2 -11
REVISED 04119/10
At
2. STRATEGIC PLAN
to every sub - recipient at least once during the program year. The goal of the
monitoring is to ensure program compliance and improve the level of service.
In regard to capital expenditures, the City will ensure that procurements and project
administration comply with all federal, state, and local regulations, including
environmental review, prevailing wage requirements, and Section 3 requirements.
Long -term monitoring of capital expenditure projects is maintained through quarterly,
semi - annual and annual sub - recipient reports. The reporting requirements are
clearly defined in the applicable capital expenditure agreement and explained to
sub - recipients prior to the implementation of the agreement. The reports vary
according to the type of capital expenditure project such as housing and facilities.
Included in the agreement are other conditions including property standards, on -site
inspections, and funding requirements. Many of the capital expenditure agreements
for housing related activities contain affordability covenants to ensure the units are
made affordable through the period of affordability, made available to and occupied
by the target population, and appropriate size /type for the respective households.
The City reviews the reports submitted by capital expenditure sub - recipients to
ensure compliance of long -term capital expenditure projects. Additionally, the City
has annual site - inspections to ascertain compliance with housing codes and other
conditions of the capital expenditure agreement. Sub - recipients who are not in
compliance are put on a work out plan and monitored more frequently until the
project is in compliance with the applicable conditions and requirements specified in
the agreement.
7. Address Threat of Lead -Based Paint
Most cities that administer a residential rehabilitation program can make great
strides toward reducing the threat of lead -based paint in its housing stock. However,
the City does have a residential rehabilitation program so it must find other ways to
address lead -based paint hazards. In the upcoming year the City will take the
following actions:
• Work with agencies in a collaborative effort to secure funding and provide low-
cost training to testing and abatement contractors and workers.
• Monitor the lead- poisoning data maintained by the Orange County Department of
Health Services.
Educate residents on the health hazards of lead -based paint through the use of
brochures and encourage screening children for elevated blood -lead levels.
8. Improve Public Housing
As stated in the fourth local housing goal in the above section, the City will assist the
Orange County Housing Authority (OCHA) to maximize the use of Section 8 funds
and other resources within Newport Beach. There are currently thirty-one (31)
OCHA participating jurisdictions, including Newport Beach. Representatives from the
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -12
REVISED 04/19/10 - -
n I
2. STRATEGIC PLAN
participating jurisdictions meet at a minimum quarterly, often times monthly, to form
the Cities Advisory Committee to assist the Orange County Board of Supervisors
and the OCHA staff in accomplishing public housing goals. Newport Beach attends
the meetings regularly and provides input on the OCHA Annual Plan and
Administrative Plans. Although there are currently no public housing units in Newport
Beach, the City is committed to assisting OCHA in expanding affordable housing
opportunities within the City limits for Section 8 Voucher recipients and ensuring
OCHA goals are consistent with the City's Consolidated Plan and Housing Element.
9. Discharge Planning & Ending Chronic Homelessness
The Orange County Housing and Community Services Department (HCS) and the
Orange County Partnership are two of three lead agencies that facilitate the year
round Continuum of Care planning activities, including coordination of discharge
planning services throughout Orange County and other actions steps to end chronic
homelessness. Under the direction of HCS, the OC Partnership exists to develop a
countywide system that nurtures and strengthens the emergency shelter network
system by removing homeless persons from the streets to more viable living
accommodations. It also aims to build a program that offers homeless persons the
opportunity to reintegrate as contributing members of the community.
A major component of this effort is to coordinate how persons from various
institutions are discharged so that people aren't released into homelessness or
unsuitable living environments. HCS and the OC Partnership will work with
hospitals, homeless service providers, mental health institutions, public safety, and
others to develop discharge policies that help alleviate homelessness and not
contribute to the problem. The City will participate in the development and
implementation of the policies.
HUD defines a chronic homeless person as an unaccompanied homeless individual
with a disabling condition who has either been continuously homeless for a year or
more, or has had a least four episodes of homelessness in the past three years.
The City will continue working with the OC Partnership and HCS to implement the
following action steps, as part of the countywide effort to end chronic homelessness,
including:
Singe point of entry application which streamlines the entry process for homeless
persons into the countywide continuum of care system. The common application
makes it easier for homeless persons, especially the chronic homeless, to
access services.
Homeless court program which enables chronic homeless persons to resolve
outstanding legal issues on the condition of enrollment in substance recovery
programs, mental health treatment, supportive services, and /or shelter /housing
programs.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2.13
REVISED 04/19/10
%Aa
o Discharge planning as previously mentioned which ensures chronic homeless
leaving County jails or approved medical centers are not released into non-
suitable living situations. The discharge plan also links chronic homeless persons
to appropriate substance abuse, mental health treatment and housing services.
Orange County client management information system (CMIS), a countywide
database that enables providers to share information to coordinate services for
chronic homeless and homeless who are dually diagnosed. CMIS also helps
identify chronic homeless so that providers can tailor supportive services to meet
individual needs. The system reduces intake and processing time for those
homeless persons who frequently utilize services in the countywide continuum of
care.
Society of Saint Vincent DePaul's Emergency Shelter Grant (ESG) funds which
provide case management and supportive services to hard to reach chronic
homeless who utilize the Winter Amory Program. Homeless persons are linked
to transitional housing, permanent supportive housing, and/or supportive
services..
Development of a counlywide single point of access to mainstream funding
application forms that will make it easier for homeless persons and providers to
access financial resources to respond to homelessness.
• Quarterly meetings of the Continuum of Care Forum where providers and
funders can maintain dialogue on ways to improve the continuum of care for
homeless persons throughout Orange County.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PACE 2.14
REVISED 04/19110
the iI
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 3. AVAILABLE RESOURCES
A
3. AVAILABLE RESOURCES
Federal Resources
The City received a total of $385,189 in CDBG funds for the 2010 -2011 program
year. This year there are no carry over funds from prior years. In total, the City has
$390,338 for the 2010 -2011 program year.
A—u, allow
ON
2010-2011 CDBG Entitlement
21
Unallocated CDBG Funds
CDBG Program Inoome
All other forms of C
In addition, Section 8 Housing Vouchers and certificates will be available to Newport
Beach residents through the Orange County Housing Authority.
State and Local Resources
The City will continue to provide support, such as subsidies, general funds and fee
waivers, to activities that help meet the objectives specified in the Strategic Plan.
Other Resources
The City has been warded CDBG -R and Energy Efficiency and Conservation Block
Grant (EECBG) funds under the American Recovery and Reinvestment Act (ARRA).
It is difficult to estimate the amount of other resources that are available for
affordable housing and community development projects in Newport Beach. Over
the next program year, the City may pursue the following available funding sources:
• Workforce Housing Grant
• BEGIN Funds
• California Housing Finance Agency (CHFA) Multi - Family Rental Housing
Program
• CHFA Home Mortgage Purchase Program
• California Housing Rehabilitation Program -Owner Component
• Low Income Housing Tax Credits
III Local Housing Trust Fund Program
• Tax Exempt Housing Revenue Bond
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 3 -1
REVISED 04/18/10
III
........ ..._ ................. .
. .
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 4. DISTRIBUTION OF RESOURCES
., n
4. DISTRIBUTION OF RESOURCES
Distribution among Priority Needs
The funding available under the Consolidated Plan may be used to meet a wide variety
of needs. The City established local priority needs based on the housing market
analysis and other research conducted as part of the 2010 -2014 Consolidated Plan.
The goals listed in the Strategic Plan section of this document are the result of that
research. The City gives priority to projects and programs that will pursue the goals
listed in the strategic plan.
Geographic Distribution
All CDBG funded public service activities will be available to Newport Beach residents
citywide based on income and other eligibility criteria. These activities cater specifically
to low- and moderate - income residents or to groups presumed to be of low- and
moderate- income instead of residents in a specific area.
Public Facility improvement activities will be targeted to the Balboa Peninsula area or to
an area designated as an eligible CDBG Target Area (see CDBG Target Area Map).
Projects that serve an identified geographic area, such as parks, facilities, community
centers and street improvements, are eligible for CDBG funding based on the
percentage of low- and moderate - income residents living in the service area. In most
communities, the threshold is 51 percent. However, some communities, such as
Newport Beach, have no or very few areas that meet this threshold. For these grantees,
the CDBG law authorizes an alternate method to determine a lower threshold. The
Balboa Peninsula is one of the few areas in Newport Beach that is eligible for CDBG
assistance under this alternate calculation of eligibility. Please refer to the map on the
following page for more details on the areas that will benefit from Public Facilities
Improvements.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 4 -1
REVISED 04/1.8110
,it) I
.ld
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 5. PROGRAM YEAR ACTIVITIES
.Ii.
I
5. PROGRAM YEAR ACTIVITIES
2010 -2011 Program Year Sources of Funds
ID Fund Source Amount
2010 -2011 CDBG Entitlement U.S. Dept of HUD $385,189
Unallocated Funds U.S. Dept of HUD $5,149
TOTAL SOURCES $390,338
2010 -2011 Program Year Uses of Funds
ID Organization Program /Project Funded Amount
Age Well Senior Services
Fair Housing Council
Families Forward
Human Options
Serving People In Need
Share Our Selves
City of Newport Beach
City of Newport Beach
City of Newport Beach
TOTAL USES
Home Delivered Meals
$20,000
Fair Housing Services
$11,185
Transitional Housing Program
$10,000
Community Resources Center
$4,600
Substance Abuse Rehabilitation
$10,000
SOS Free Medical and Dental Clinics
$9,000
Utility Assessment District Grant
$65,922'
108 Loan Repayment
$199,346
CDBG Administration
$60,285
'Project budget amount $60,773 plus Unallocated CDBG Funds $5,149.
$390,338
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 5 -1
REVISED 04/18110 -
110
etxrvo :K., n.a Grantee Name: City of Newport Beach
ro e
liNnm:
It..M o 2E #; 12010-01
uoc code: ICA62454 NEWPORT BEACH
Th1S pr9jea Will
prUVide for the owr.all administration of the GDBG Program, t0 Include:
preparation and, submission of the AnnUal Action Plan and the QAPE2, 1DIS data input, provision.
of tedin7ta1 assistance;' monitoring of all projects, and gverailfiscal management
iamtiom
Ory
3300 N twpoor[BeaN
E:VPM1rt Blvd.
$elECi 000[
'
NeWpoO Bsarh, tA9 ?656 - '.
Pl
Explanation:
Extunted Completion pate:
The goal of the City's CDOGpml am 19 ro provide decent haosmg. housing':.
'03089'
o ,m . itebWwing envimniaehtarul econpmicopponumtY`fo[ all
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2010 -2011 Action Plan Revised 04 -19 -30
1112
Grantee Name: City of Newport Beach
Pro'oot Hamc
tFair Housing Cou7e6 O.C.: Fair
Housing Services
Description;
I lIDaSPmjovt*: 2010 -02
JUDSCM. CA62454NEWPDRT BEACH
The project wig
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and enforcement services to
current or potent
ial.Newport Beach residents, coupled
with landlord /tenant counseling
services. These services Impact
and bene0t target CDBG areas And the extremely, -low td
moderate income population.
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.....
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Select one:
IN'aO''fi61'as°n *^^A
201 Soum Broadway
Sanm Ara, CA92TDL
-' E.,Iarmc
m
Ex oma l Completion Date: Low
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resources
to address
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«me
that
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�0[seM Houirg
improves
housing choice, ensures decent housing and more
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suitable,
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2010 -2011 Action Plan Revised 04 -19 -10
AM, i
2010-2011 Action Plan Revised 04 -19 -10
<vnr.r.....n Gtantee Name: City of Newport Beach
Pro' Kama: Fariiil'res Forward: TPatt"si6onaltlousin Pro Cain
Dmorition: j1DMSPjmAm
2010 -04
lucGcmio ICA62454 NEWPORT BEACH
The Travispmai Hoon0:pfegmm
ay,5lsts homeless, fam"Its; gregaln5W 110 and self syfffgima(;tile tar'Qs;
population i4 homefass fmnilles
with dafdrCh. The prdgmm
irdvidot [3seinatla0efisent and S ppootive
sery cts W households residing
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Pori pd6ldn pf the satary;ofapse
mnt. '
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Famlpas PpnTErd
___. ._..
9221 wine 0610.
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Irv1Ae. CA92s3S
Expeduxl completion Uata:
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SUPPI Ofemergeney an6�jaa�sR+onahiNts.;361
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2010-2011 Action Plan Revised 04 -19 -10
"I
- Grantee Name: City of Newport Beach
Projact Name: A e :Well Dior Services: Home lDelivered! Is
D 'an: IDIS Pro'ect 0: 2010 -OS
uos COdr. CA62454 NEWPORT BEACH
Ageytell Senfar Services will Provide home -delivered meals tb homebound senior c(DZens (62 t.
Years or older} who are nanble to prepare meals for Shemselves d0e,'.to age, Iliness,otdisabdity.
C15BG (hods will be used to
pa My far ayortfo , of the salary of home - deliverd meal staff.
Location:
Age wdt
Too, f4ml, Suite
eb El Riled, to 2000
Select Dn¢:
6
Laguna 4Vwds, CA 9263)
Explanation:
acted co leeon Date:
Homebound seniors often have difficulty pmpanng nutnt dusly, appmpnate"
ao /201I
meals for I hemeAvAs
Home dehvemd nutntlous meals enables homebound_
seniors to remain in their homes, avoid being nSdtuburajIZ2d, and treatCS'
OVaell Noreia9
a moresyllable living
environment
'b$IThdeUwgFANgnment :.
Natl9na1LN8echve Citation: IMC 570.298(a)(310)(A)
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2010 -2011 Action Plan Revised 04 -19 -10
--- _- Grantee Name: City of Newport Beach
Select one:
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2010 -2011 Action Plan Revised 04 -19 -10
( I
Grantee Name: City of Newport Beach
'ad Maine: Share 'Our Selves. 505: SOS Free:Med -rcal and Dental Clime"':.
Dent 'xo ID35 Project x: 2030 -0]
umacade: ICA62454 NEW PORT BEACH
Share Our Selves will provide pnmary/urgent care on a daily walk -m basis, 0punic care, and' syeaalty are '
byappointment to umsureb Orange County:residerds and patients In the County MSI"mm In addRlon,
SOS prb'i les badge medical tale to patients who qualify
far mediaHmurdnoe programs and are WalBng t0;.
11 bd plOced m an appno"te medical home or who will not
qualtIy but who resMe far hem S05 'and therefore'
need t0 esta6lisha medical home dosertu)iome. Full scOpelpnmary raretprgent care china is a
ppmmipnFlit ty true Open . acc ss for those lacking a more iradibonal mediiml: pgme.
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iasW MC53. GA BX6 #7
- E%PlanMiom-
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National; oboedlVe Otawn: 1.11C 510.208(a)(2)(j)(e)
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2010 -2011 Action Man Revised 04 -19 -30
P'.-4
Grantee Name: City of Newport Beach
Pro'ect Na e.
ISecUsurn lo8 Loan Re ¢lot
De!9 ¢om
loss Pro'at #: 2o1D -d8
: :ups Codes CA62454 NEN/PORT BEACH
Eonds.i4iD be Used
to repay the SUS Loan. The loan was usedor tune
gry'A Area tat bridu ha ealboa
ImproVemments to the Target area tgialing $8 million. The scope of work indades the 9514za Village
stapes
Petlestrian and BVeeLUape Pan, Street Improvementr to
Balboa Blvd., Pier Parking Lot, %erNaza, antl hot A',
connecting axes to Main Street.
Lo ®Uon:
LNA- Census Trott 62sdd.1
Select one:
'
E.,lamoian:
ExpestM Coco lotion Date
TaMeted areas within Balboa Village wevedetohat'ng. To eliiminate the
61 301 01a
bllght,:bllghting Influences and prevent further detonation „(be City iaed :
tegory -
CDBG
funds to make necessary Improvements to the target areas The
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2010 -2013 Action Plan Revised 04 -19 -10
!_e I
2010 -2011 ACtlnn Plan ReWsed 04 -19 -10
t-7.i
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDICES
r-1
t
J
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDIX A:
SF -424 AND CERTIFICATIONS
r''la
SF 424
The SF 424 is part of the CPMP Annual Action Plan. SF 424 form
fields are included in this document. Grantee information is linked
from the 1CPMP.xls document of the CPMP tool.
Complete the fillable fields (blue cells) in the table below. The other items are pre - filled with values from the
SF 424
Page 1
Version 2.0
I-r,
1.r.,�4 +�_�
Process?
Is the applicant delinquent on any federal del
"Yes' please include an additional document
Economic Development Coordinator lPhone: (949) 644 -3230 ]Fax: (949) 644 -3250 1
�bowden @city.newport- beach.ca.us ".ci.newport- beach.ca.us
SF 424
Page 2 Version 2.0
QA'.{O,tENTQp yA
CPMP Non -State Grantee
Certifications
c g DEW -0 Many elements of this document may be completed
electronically, however a signature must be manually applied and the
document must be submitted in paper form to the Field Office.
NON -STATE GOVERNMENT 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, which
.means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and
maintain records reflecting that analysis and actions in this regard.
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, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential
antidisplacement and relocation assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity assisted with funding
under the CDBG or HOME programs.
Drug Free Workplace -- It will or will continue to provide a drug -free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
Possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug -free awareness program to inform employees about -
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given
a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee will -
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
S. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4(b), with respect to any employee who is so convicted -
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
CPMP Non -State Grantee Certifications 1 Version 2.0
f.,1
City of Newport Beach
Anti - Lobbying -- To the best of the jurisdiction's knowledge and belief:
8. 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;
9. 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
10. 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 CDBG, HOME, ESG, and HOPWA
funds are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
Signature /Authorized Official Date
David Kiff
Name
City Manager
Title
3300 Newport Boulevard
Address
Newport Beach CA 92663
City/State /Zip
949 644 -3000
Telephone Number
CPMP Non -State Grantee Certifications 2 Version 2.0
1 . F)
City of Newport Beach
Specific CDBG 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 housing and community development plan identifies
community development and housing needs and specifies both short-term and long -term community
development objectives that provide decent housing, expand economic opportunities primarily for persons
of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it
certifies that 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 activities which the grantee certifies are designed to meet
other community development needs having a 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);
12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during
program year(s) 2D-02, 2008 2009, (a period specified by the grantee consisting 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;
13. 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.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds. Also, 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:
14. 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
15. 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;
CPMP Non -State Grantee Certifications
Version 2.0
! -(I. I
City of Newport Beach
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 USC 2000d), the Fair Housing Act (42 USC
3601 - 3619), and implementing regulations.
Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of
part 35, subparts A, B, 3, K and R, of title 24;
Compliance with Laws -- It will comply with applicable laws.
Signature /Authorized Official Date
David Kiff
Name
city Mana er
Title
3300 Newport Boulevard
Address
Newport Beach CA 92663
City /State /Zip
949 644 -3000
Telephone Number
CPMP Non -State Grantee Certifications 4 Version 2.0
irt1
City of Newport Beach
APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug -Free Workplace Requirements
Lobbying Certification
This certification is a material representation of fad 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.
Drug -Free Workplace Certification
1. By signing and /or submitting this application or grant agreement, the grantee is providing the
certification.
2. The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the grantee knowingly rendered a false certification,
or otherwise violates the requirements of the Drug -Free Workplace Ad, HUD, in addition to any other
remedies available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the grantee does not identify
the workplaces at the time of application, or upon award, if there is no application, the grantee must
keep the identity of the workplace(s) on file in its office and make the information available for
Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's
drug -free workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles
of a mass transit authority or State highway department while in operation, State employees in each
local unemployment office, performers in concert halls or radio stations).
S. If the workplace identified to the agency changes during the performance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question (see
paragraph three).
6. The grantee may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant: Place of Performance (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here. The certification with regard to the
drug -free workplace is required by 24 CFR part 21.
Place Name
Street
City
County
state
zip
Newport Beach City Hall
3300 Newport Blvd
Newport Beach
Orange
CA
92663
Definitions of terms in the Non - procurement Suspension and Debarment common rule and Drug -Free
Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the
following definitions from these rules: "Controlled substance" means a controlled substance in
Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through
1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of the
Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal
criminal statute involving the manufacture, distribution, dispensing, use, or possession of any
CPMP Non -State Grantee Certifications 5 Version 2.0
:.e
City of Newport Beach
controlled substance; "Employee" means the employee of a grantee directly engaged in the
performance of work under a grant, including:
All "direct charge" employees;
all "indirect charge" employees unless their impact or involvement is insignificant to the
performance of the grant; and
a. temporary personnel and consultants who are directly engaged in the performance of work under
the grant and who are on the grantee's payroll. This definition does not include workers not on
the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement;
consultants or independent contractors not on the grantee's payroll; or employees of
subrecipients or subcontractors in covered workplaces).
Note that by signing these certifications, certain documents must completed, in use, and on file for
verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3. Anti - displacement and Relocation Plan
Signature /Authorized Official
David Kiff
Name,
City manager
Title
3300 Newport Boulevard
Address
Newport Beach CA 92663
City/State /Zip
949 644 -3000
Telephone Number
CPMP Non -State Grantee Certifications 6
Date
Version 2.0
I i.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDIX 6:
PROJECT SUMMARIES (CPMP EXCEL TABLES)
I .-I
City of Newport Beach CPMP Version 2.0
HOUSING
6-Year Strategy: Preserve and improve the existing housing stock and ensure equal access
Summary of Specific Annual Objectives
Specific Obj. Outcome/Objective
0
Sources of Funds Performance Indicators
Year
Expected
Actual
Percent
Specific Annual Objectives
Number
Number
Completed
MOM
0%
IMO
W
2011
d00
0%
k'
U
H in Units
2012
0%
2013
400
00/10
2014
400
0%
. . .........
MULTI-YEAR GOAL
7.1% 2009
0
0%
2010
0%
2011,.:
.�
... 5
0%
prop e_A. n.
pray financial assi ftrb for
ypus {ng Units
2012
7
3
00/(
DH-1 (1)
fill,
repair�reumwvon�an cl:�: ................
2013:,—,
S
0
0Y
P :mo eT
;
d
201
0%
MULTI -YEAR GOAL
0
0%
2ir
2010
0%
S lit,
eh ov ch
2011
0%
P� I
2012F:::
.. .. ........
0%
00/(
0%
MULTI-YEARGOAL
0
0%
2010-2014 Consolidated Plan Strategies and Specific Annual Objetives Appendix "B"
I
City of Newport Beach CPMP version 2.0
HOUSING
5 -Year Strategy: Expand the supply of affordable rental and homeownership housing opportunities
2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives
Appendix "B"
City of Newport Beach CPMP Version 2.0
SENIOR SERVICES
5-Year Strategy: Provide quality supportive services so elderly residents can live as independently as possible
Summary of Specific Annual Objectives
Specific Obj.
Outcome/Objective
Sources of Funds
Performance Indicators
Year
Expected
Actual
Percent
#
Number
Number
Completed
Specific Annual Objectives
0%
2011
1po,
0%
2012
100
00/6
SL-1 (1)
Infoti %iatl[trantRferiat,uen+ices
2013
�,l 1 1.00
0%
—20-14
77777t &
0%
MULTI-YEAR GOAL
goo
0
2010-2014 Consolidated Plan Strategies and Specific Annual Objectives
Appendix "B"
City of Newport Beach
SPECIAL NEEDS /NON- HOMELESS
5 -Year Strategy: Help persons with special needs live as independently as possible
nmary OT
flc Obj.
aR
SL-1 (2)
Annual uoiecun
Outcome/Objective
CPMP Version 2.0
Sources of Funds I Performance Indicators I Year I Expected I Actual I Percent I
Number Number Completed
2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives
Appendix "B"
City of Newport Beach CPMP Version 2.0
HOMELESS AND HIV /AIDS
6-Year Strategy: Support a continuum of services in support of the City's and County's effort to end homeless and
assist in improving the quality of life for persons with HIV /AIDS
Summary of Specific Annual Objectives
Specific Obj. Outcome/Objective
9
Sources of Funds
Performance Indicators
Year
Expected
Actual
Percent
Specific Annual Objectives
Number
Number
Completed
.... . . ..... .
PSeN Wzymy 0eMSr9AF1C1yA.h 2f"fr rTSlttonaC r
i"Services
2010
0%
111 -Mh HTVA DS -,0,.E$6rw
ivin r y Ter.
.......
epp#, n$. Sgt -r s bf: !1,-,
0
2011
TO
0%1
.,M.
A$& [essnr tlsraugh:
WoditYless %PreYentjori PrDgrarris
OFe
P ONI
2012
1:00::
0%
SL-1 (3)
7tad drarral Wausirrg ,
2013
100
0%
MTV%[ =011H,
6US
'd Support & 1W
-.q
Viatirls Of D n
2014
!60,
0%
On4 MOna g e all"a hd:OtN6r erviCet .
....
MULTI-YEAR GOAL
500
............. .............
0
0.0%
2010-2014 Consolidated Plan Strategies and Specific Annual Objectives
Appendix "B"
City of Newport Beach
PUBLIC SERVICES
5 -Year Strategy: Contribute to the well -being of individuals, families, and neighborhoods
.1UMMaly CIT
Specific Obj.
#
Annual upiec
Outcome /Objective
CPMP Version 2.0
Sources of Funds Performance Indicators I Year I Expected ( Actual I Percent
111 I
III Number Number Completed
2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B"
t
:J
F+POY717 f2fiTLF`IfYiI I FbL°SS7k+IL"fi3s?ihYzrDw
,G
-' M
4
2010,
':
0%
8ft{>ipttt�'BfdtehcoTf q�rgon tYu�htgh
2011
.'..`•
'
iDO
0%
@K @rdl�UIfI1CbCtrAtt*d
?1pt1 €Y €hei 7i{n)Ar9rfst 4
v
E�edple
2012
YAO
.
0 %
SL -1 (4)
�UtSd dRd ESSX'tttlalarvi
2013
-'.
10
0%
F�dilly�cs
,
77777=
7777=
+llt)1 uPtliFi2s
2014
130
00/(
MULTI -YEAR GOAL;
6
0
0.0%
2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B"
t
:J
City of Newport Beach CPnP version 2.0
PUBLIC FACILITIES
5 -Year Strategy: Provide access to local public facilities that contribute to community and neighborhood development
.l. Ummary Or speclrlc Annual vojecrlves
Specific Outcome /Objective Expected Actual Percent
Pec # Sources of Funds Performance indicators Year
1 Specific Annual Obiectives Number Number Completed
201
SL -3 (1)
2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B"
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDIX C:
PROOF OF PUBLIC NOTICES AND
PUBLIC COMMENTS
.-7 f'
City of Newport Beach Notice of Funding Availability (NOFA)
Inviting Applications for the Community Development
Block Grant (CDBG) Program For Fiscal Year 2010 -2011
APPLICATIONS WILL BE AVAILABLE DECEMBER 12TH, 2009 THROUGH JANUARY
20th. 2010
The Federal Housing and Community Development Act of 1974, as amended, provides
Federal 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 of Newport
Beach anticipates receiving approximately $370,000 in CDBG funds for fiscal year
2010 -2011.
NOTICE IS HEREBY GIVEN that the City of Newport Beach is currently accepting applications for eligible
public services. The application may be used by non -profit organizations to request funding or by Newport
Beach residents to suggest that the City or other organization undertake a new program. A general
description of eligible public services is summarized below.
ELIGIBLE PUBLIGSERVICES: Above all, applications must demonstrate that the service will principally
benefit persons of low- and moderate- income (households earning less than 80% of Orange County's
median income). Types of eligible services include but are not limited to homeless assistance,
employment services substance abuse recovery, senior services, at -risk youth programs, crime
prevention, legal services, and services for the disabled.
DEADLINE: All interested service providers must complete an application package,
available at www .newoortbeachca.govlindex.asox ?pane =1126 or the City of Newport
Beach, Economic Development Division, 3300 Newport Blvd., Newport Beach.
Additionally, applications can be obtained by contacting Kathlyn Bowden at (949) 644-
3230. Completed applications will be accepted until 12:00 p.m. on Wednesday,
January 20, 2010 at the City of Newport Beach, Economic Development Division.
Questions regarding this NOFA should be directed to Kathlyn Bowden, Economic Development
Coordinator for City of Newport Beach at (949) 644 -3230.
i
i
APPLICATIONS WILL BE AVAILABLE B DECEMBER 12th,
2009 THROUGH JANUARY 2fth, 2010
The Federal Housing and Community Development Act of 1974, as amended, provides
Federal Community Development Block Grant (CDBC) 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 of
Newport Beach anticipates' receiving approximately $370,000 in CD✓9Gi funds for
fiscal year2010.2011.
NOTICE IS HEREBY GIVEN that the City of Newport Beach Is currently accepting
applications for eligible public services: The application may be used by non -profit
organizations to request funding or by Newport Beach residents to suggest that the
City or other organization undertake a new Program. A general description of eligible
public services is summarized below.
Ei.IMBLE PUBLIC SERVICES, Above all, applications must demonstrate that
theservice, will principally benefit persons of low- and moderate-income (households
eaming less than 80% of Grange County's median income). Types of eligible services
include but are not limited to homeless assistance, employment services, substance
abuse recovery; senior services, at -risk youth programs, crime prevention, legal
services, and services for the disabled.
OEAULlNE. All Interested service providers must complete an application package,
available at va ia.govl[r dex es#sx ?ggage t5?6 or the City atNewport
Beach, Economic Development Division, 3300 Newport Blvd„ Newport Beach.
Additionally, applications can be obtained by contacting Kathlyn Bowden at (949)
644 -9230. Completed applications vain be accepted until 12:00 p.m. on Wednesday,
January 20, 2010 at the City of Newport Beach, Economic Development Division.
Questions regarding this NOFA should be directed to Kathlyn Bowden; Economic
Development Coordinator for City of Newport Beach at (949) 644-3230.
r,a
,A
Authorimed to Publish - Advertisements of all kinds including public notices by
Meree of the Superior Court of Orange County, Calilbroia.Number A -6214,
Svpletnber 29.1961, and A -2483-1 June 11., 190,
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
? ss-
COUNTY OF ORANGE ?
I am a Clt!Zen of the United States and a
resident of the County aforesaid; 1 am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter, I am a principal clerk of the
{NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general .
circulation, printed and published in the
'City of Costa Mesa,. County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
foNowing dates'
December 12,, 2009
I declare, under penalty of perjury, that
.the foregoing is true and correct,
Executed on December 16, 2009 at.
Costa Mesa, California.
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Signatu
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CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDIX D:
MAP (NEWPORT BEACH ELIGIBLE AREAS)
rn
I
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDIX E:
ACTION PLAN CHECKLIST
I
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In
2010 -2011 Action Plan Checklist
Grantee: CITY OF NEWPORT BEACH
ACTION PLAN (91.220)
1. Has the Standard 424 Form for the applicable programs been included with the correct dollar
allocation and signed by the appropriate official?
Yes No Page /s
2. Is the DUNS number listed?
Yes No Pages /s
RESOURCES
1. Did the grantee describe how HOME and /or ESG matching requirements will be satisfied?
Yes No Page /s
ACTIVITIES 91.220(D)
1. Does the action plan contain a summary of priorities and specific annual during the program
year?
Yes No Verification found on pagels
Note: The jurisdiction should use summary of annual objectives as identified in the
Consolidated Plan.
2. Do the proposed activities correspond to the priority needs identified /local specific objectives
listed in the Consolidated Plan?
Yes No Verification found on page /s
Note: The jurisdiction should use summary of annual objectives as identified in the
Consolidated Plan.
3. Are the proposed activities identified in sufficient detail, including the number and type of families
that will benefit from the proposed activities and locations, so that citizens know the degree to
which they may be affected?
Yes No Verification found on pagels
4. Are activities proposed eligible and meet program service targets [if not identify on attachment]?
Yes No Verification found on pagels
1. Has the grantee exceeded the 20% administrative cap for CDBG?
Yes No NIA
2. Has the grantee exceeded the 15% Public Service cap for CDBG?
Yes No NIA
3. Has the grantee exceeded the 10% Administrative cap for HOME?
Yes No NIA
4. Has the grantee exceeded the 15% CHDO set -aside for HOME?
Yes No N/A
5. Has the grantee exceeded the 30% Essential Services cap for ESG?
Yes No NIA
6. Has the grantee exceeded the30% Homeless Prevention cap for ESG?
Yes No NIA
7. Has the grantee exceeded the 10% Operations cap for ESG?
Yes No NIA
14 .
8. Has the grantee exceeded the 5% Admin. Cap for ESG?
Yes No NIA
9. Has the grantee exceeded the 3% administrative cap for HOPWA or the 7% Administrative cap
by project sponsors under HOPWA?
Yes No N/A
GEOGRAPHIC DISTRIBUTION 91.220(f)
1. Did the grantee include a narrative, maps, or table that identify the geographic areas in which it
will direct assistance?
Yes No Verification found on page /s
2. Does the grantee provide a description of the areas, including areas of minority concentration, in
which it will direct funds?
Yes No Verification found on page /s
3. Does the grantee provide the rationale for the priorities for allocating investment geographically
for each program, including within the metropolitan area (or a State's service area) for the
HOPWA program?
Yes No NIA
4. Did the grantee estimate the percentage of funds it plans to dedicate to target areas?
Yes No
AFFORDABLE HOUSING GOALS 91.220(8)
1. Does the action plan specify one -year goals for the number of homeless, non- homeless, and
special needs households to be provided affordable housing units using funds made available to
the jurisdiction?
Yes No Verification found on page /s
Note: The jurisdiction should use housing summary of goals as identified in the
Consolidated Plan.
2. Does the action plan specify one -year goals for the number of households to be provided
affordable housing units through activities that provide rental assistance, production of new units,
rehabilitation of existing units, or acquisition of existing units using funds made available to the
jurisdiction?
Yes No Verification found on page /s
Note: The jurisdiction should use housing summary of goals as indicted in the
Consolidated Plan.
PUBLIC HOUSING 91.220(h)
Does the action plan include actions that address the following, if applicable:
Yes No NIA
• Needs of public housing,
• Public housing improvements and resident initiatives, assist troubled public housing
agencies.
HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES 91.22001
1. Have homeless prevention activities been proposed?
Yes No Verification found on page /s
2. Have emergency shelter, transitional housing, programs to assist in the transition to permanent
housing and independent living been proposed?
Yes No Verification found on page /s
�I.
1
l
3. Are supportive housing activities being undertaken to address the priority housing needs of
persons who are not homeless (elderly, frail elderly, persons with disabilities, person with HIV /
AIDS, person with alcohol or other substance abuse problems)?
Yes No Verification found on page /s
4. Have specific action steps to end chronic homeless been identified?
Yes No Verification found on page /s
A. CDBG
a) Does the total amount of funds allocated equal the amount of the grant plus program
income and carryover funds? Yes No
b) Does the action plan identify the amount of CDBG funds that will be used for activities
that benefit persons of low- and moderate- income? Yes No
B. HOME NIA
a) Did grantee (PJ) describe other forms of investments?
Yes No NIA
If grantee (PJ) plans to use HOME funds for homebuyers, did they state the guidelines or
resale or recapture, as required in 92.254?
b) If grantee (PJ) plans to use HOME funds to refinance existing debt secured by
multifamily housing that is being rehabilitated with HOME founds, did they state its
refinancing guidelines required under 24CFR 92.206 (b)?
Yes No NIA
c) Resale Provisions — For homeownership activities, did the participating jurisdiction must
describe its resale or recapture guidelines that ensure the affordability of units acquired
with HOME funds? See 24 CFR 92.254 (a)(4).
Yes No NIA
d) HOME Tenant -Based Rental Assistance — Did the participating jurisdiction describe the
local market conditions that led to the use of HOME funds for tenant based rental
assistance program?
Yes No NIA
If the tenant based rental assistance program is targeted to or provided a preference for
special needs group must be identified in the Consolidated Plan as having an aument
need and show the preference is needed to narrow the gap in benefits and services
received by this population.
e) if a participating jurisdiction intends to use forms of investments other than those
described in 24 CFR 92.205(b), did the jurisdiction describe these forms of investment?
Yesfi Not '-
f) Did the jurisdiction describe the policy and procedures it will follow to affirmatively market
housing containing five or more HOME - assisted units?
Yest Not
g) Did the jurisdiction describe actions taken to establish and oversee a minority outreach
program within its jurisdiction to ensure inclusion, to the maximum extent possible, of
minority and woman, and entities owned by minorities and woman, including without
limitation, real estate firms, construction firms, appraisal firms, managements firms,
financial institutions, investment banking firms, underwriters, accountants, and providers
of legal services, in all contracts, entered into by the participating jurisdiction with such
/A
persons or entities, public and private, in order to facilitate the activities of the
participating jurisdiction to provide affordable housing under the HOME program or any
other Federal housing law applicable to such jurisdiction?
YesT NOT
h) If a jurisdiction intends to use HOME funds to refinance existing debt secured by
multifamily housing that is rehabilitated with HOME funds, did it state its financing
guidelines required under 24 CFR 92.206(b)?
Yes) Nof
C. AMERICAN DREAM DOWNPAYMENT INITIATIVE NIA
a) If the jurisdiction planned to use American Dream Downpayment Initiative (ADDI) funds to
increase access to homeownership, did it provide the following information:
1. Description of the planned use of ADDI funds?
YesT NOT
2. Plan for conducting targeted outreach to residents and tenants of public and manufactured
housing and to other families assisted by public housing agencies, for the purposes of ensuring
that the ADDI funds are used to provide downpayment assistance for such residents, tenants,
and families?
Yes No
3. A description of the actions to be taken to ensure the suitability of families receiving ADDI funds
to undertake and maintain homeownership, such as provision of housing counseling to
homebuyers?
YesT NOT
D. HOPWA N/A
a) Does the action plan specify on -year goals for the number of low- income households to be
provided affordable housing using HOPWA funds for short-term ret, mortgage, and utility
payments to prevent homelessness; tenant -based rental assistance, units provided in
housing facilities operated with HOPWA funds?
YesT NOT Verification found on page /s
b) Does the action plan identify the method for selecting project sponsors (including providing
full access to grassroots faith -based and other community organizations)?
YesT NOT
MONITORNG 91.230
1. Does the grantee describe the standards and procedures that it will use to monitor activities
carried out in furtherance of the plan?
Yes No Verification found on page /s
2. Does the plan describe actions to be taken by the grantee to monitor its performance in meeting
its goals and objectives set forth in its Consolidated Plan?
Yes No Verification found on page /s
3. Does the plan describe steps/ actions being taken to insure compliance with program
requirements, including requirements involving the timeliness of expenditures?
Yes No Verification found on page /s
Note: It timeliness of expenditures is and issue, please make sure the grant award letter
includes language regarding appropriate actions the grantee should take to remedy this
problem.
nr
4. Does the plan describe steps /actions it will use to ensure long -term compliance with housing
codes, including any actions or on -site inspections it plans to undertake during the program year?
Yes No Verification found on page /s
5. Does the plan describe actions to be taken by the grantee to monitor its sub - recipients, (including
sponsors or administering agents)?
Yes No Verification found on page /s
I have reviewed the Action Plan and have found that either all regulatory requirements have met, or that
omissions or incomplete items have been identified on an attachment [attached]. I have updated GMP to
include the dates of this assessment and have pasted a copy of my attachment into the summary Notes
tab of the Plan Review and Assessment module [copy attached].
Reviewed By:
Program Manager:
Date:
Date:
R/
NOTICE OF PUBLIC HEARING AND P`!IEW
FOR THE CITY OF NEWPORT BE.
DRAFT FIVE -YEAR CONSOLIDATED PLAN (2010- 2014),
ONE -YEAR ACTION PLAN (2010 -2011)
CITIZEN PARTICIPATION PLAN (2010 -2014)
7v
NOTICE IS HEREBY GIVEN that the City of Newport Beach has prepared its draft Five -Year Consolidated Plan (2010- 2014),
One -Year Action Plan (2010 -2011) and Citizen Participation Plan. The publication of this notice is the beginning of the 30 -day
public review period required under Federal Regulation 21 CFR 91.105 (b) (2). The public review and written comment period
begins March 20, 2010 and runs through April 27, 2010.
NOTICE IS HEREBY FURTHER GIVEN that the Five -Year Consolidated Plan, One -year Action Plan and Citizen Participation
Plan will be presented to the City Council for approval on following date:
DATE: April 27, 2010 NT2AL ���A2y
TIME: 7:00 P.M. lY f I`-i1 `�J
LOCATION: City Counci ambers loon AvvcAob AU`6NUm�
3300 portB rd, Newport Beach, CaliforniaAAvifo(27
At this meeting, the City Council will receive public comment on the draft Five-Year Consolidated Plan 2010- 2014), One -Year
Action Plan (2010 -2011) and Citizen Participation Plan that is to be submitted to the U.S. Department of Housing and Urban
Development (HUD).
The Consolidated Plan is a grant application to the Department of Housing and Urban Development (HUD). The plan
establishes a framework of housing and community development priorities for Newport Beach, aides in identifying and sets the
foundation for projects and programs to help local low- and moderate - income communities solve their problems, meet their
needs, and achieve their goals. The Action Plan then appropriates the funding to specific programs and projects for a given
year. The Action Plan will appropriate Community Development Block Grant (CDBG) funding to specific programs and
projects for the 2010 -2011 fiscal year. The City anticipates receiving approximately $1.8 million in federal housing and
community development funds over the next 5 years. The Citizen Participation Plan is a document that details the City's policy
on public review and participation in the decision- making process regarding the Consolidated Planning Process in accordance
with the Consolidated Plan implementing regulation 24 CFR 91.105.
PUBLIC COMMENT
Copies of the latest drafts of these documents will be available for public review at the following locations:
City Clerk's Office
3300 Newport Blvd.
Newport Beach, CA 92663
Planning Department
3300 Newport Blvd.
Newport Beach, CA 92663
City of Newport Beach — Central Library
1000 Avocado Avenue
Newport Beach, CA 92660
The public is invited to submit written comments on the housing, community and economic development needs and proposed
projects as articulated in the draft Consolidated Plan, One -Year Action Plan, and Citizen Participation Plan. All comments
relatives to the draft documents mentioned above should be submitted to the Newport Beach Planning Department no later
than 4:00 p.m. on April 27, 2010.
Questions and written comments regarding the draft Five -Year Consolidated Plan, One -Year Action Plan and Citizen
Participation Plan may be addressed to Kathlyn Bowden, AICP at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach,
CA 92658 -8915. You may also call (949) 6443230 with any questions concerning the above documents.
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 48 hours prior to the meeting at (949) 644 -3005.
a
r
it ' I. Brown, MMC
City Clerk -
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number A -6214,
September 29, 1961, and A -24831 June al, 1963. RECEIVED
PROOF OF PUBLICATI d iAR 26 Aq `'09N0FORTHECITYOFNEWPORTBEACH
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wucsn rxnu�mxuw.rwiyw rray.-q.
' NOTICE IS HEREBY GIVEN that the City of Newp
STATE OF CALIFORNIA) CITY OF ORT
3EA ch has prepared Its draft Five -Year Consolida
n (2010 - 2014) -, One -Year Action Plan (2010 -20'.
..S.
"and Citizen Participation Plan. The publication
this notice is the beginning of the 30-day pul
COUNTY OF ORANGE )
review period required under Fede al Regulation
CFR 91.105 (b) (2). The puhlic review and writ
comment period begins March 20, 2010 and n
ough April 27, 2010.
OTICE IS HEREBY FURTHER GIVEN that
I am a Citizen.of the United States and a
nd Year Consolidated Plan, One-year Action F
and Citizen Participation Plan will ea presented
resident of the County aforesaid; I am
he City April 27, 2010prpval on following date:
DATE: April ZO10
over the age of eighteen ears and not a
9 9 Y
P.M.
- ' TIME: 7:00 :M
LOCATION: City Council Chambers, 3300 Newt
Beach, California
party to or interested in the below entitled
oulevard, Newport
this meeting, the City _Council will receive pin
omment on the draft Five -Year Consolidated F
matter. I am a principal clerk of the
1 2010-2014),
izen 01 rti One -Year Action Plan (20102011)
i Participation D Plan that is be submil
NEWPORT BEACH - COSTA MESA
si Or
n the U.S. HUD). of Housing and Or
the Department
evelopment(HUD).
DAILY PILOT, a newspaper of general
CKGROUND- '
Jhe Consolidated Plan is a grant application to
Department of Housing and Urban Develops
circulation, printed and published in the
(HUD). The plan establishes a framework of hon .
and community development priorities for Newl
City of Costa Mesa, County of Orange,
Beach, aides in identifying and sets the founda
for projects and programs to help local tow -
State of California, and that attached
moderate- income communities solve their probli
meet their needs and achieve their goals. The Ac
Notice is a true and complete c0
p pY as
Pla@ .then appropriates the funding to ape
programs and projects for a given year. The At
Plan will. appropriate Community Development B
was printed and published on the
Grant for t funding to specific programs
projects for fiscal year:,The
following dates.
cei ng app011
anticipates dap ho receiving community $1.8 development 11
federal housing and community tleuelo h
'next
over the 5 years: The Citizen P th p;
City's
Plan is a document that details the City's pi
public review and participation in the ilea
n
March 20 2010
making process regarding the Consolidated Plan
m
Process in __ accordance ti H r the Consolidated
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on March 22, 2010 at
Costa Mesa,, California.
Signature
s of the latest drafts .. of these documents
available for, public review at the follow
ons
City Clerk's Office
3300 Newport Blvd.
Newport Beach, CA 92663
Planning Department
3300 Newport Blvd.
Newport Beach, CA 92663
City of. Man - Central Library:
la Avocado Avenue
Newport Beach, CA 92660
public is invited to submit written comma
he housing, community and economic devel
needs and proposed projects as articulatec
draft Consolidated Plan, One -Year Action P
Caren Particination Plan. All comments relati
idted to the Newport Beach Planning Del
ter than 40 p.m. on April 27, 2010. ,
fare and written comments regarding 0
Year Consolidated Plan, One -Year Achi
Citizen Participation Plan may be addle
lyn Bowden, AICP at 3300 Newport Bo
Box 1768, Newport Beach, CA 9265SM
also call (949) 644 -3230 with any 'q
erning the above documents.
ESSIBUTY TO MEETINGS MD 00CUME1
the objective of the City- to comply with
of the Rehabilitation Act of 1973, as a
Americans with Disabli ias Act (ADA)
the ADA Amendment Act of 2008, t
;ing.Act, and the Architectural Barriers
aspects. R you require public document
ssible format, the City will make rei
is to accommodate your request. If you
lisability- related accommodation to all
cipate in a hearing or: meeting, including''
or services, please contact the City Clerk
east 48 hours prior to the e
3005.
Letani I. Brov
C
!shed Newport Beach /Costa Mass Da