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HomeMy WebLinkAboutC-4362 - Community Development Block Grant (CDBG) Public Services Agreement FY 09-10, FY 10-11, FY 11-12CDBG PUBLIC SERVICES AGREEMENT . Between the City of Newport Beach and Families Forward THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement ") is entered into this 15, day of July, 2011, by and between the City of Newport Beach ( "City'), a Municipal corporation and Charter City of the State of California, and, FAMILIES FORWARD, 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 TRANSITIONAL HOUSING PROGRAM, which assists struggling families' transitions from crisis to stability and self sufficiency (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 26, 2011, the City Council approved the issuance of CDBG Funds, in an amount not to exceed EIGHT THOUSAND FOUR HUNDRED SIX DOLLARS AND 001100 ($8,406.00), 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 2011 -2012 Fiscal Year. B. Schedule for Completion. Subrecipient shall provide its services under this Agreement for a 12 -month period commencing July 1, 2011 and ending June 30, 2012. 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, 2011 through June 30, 2012, 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 EIGHT THOUSAND FOUR HUNDRED SIX DOLLARS 00/100 ($8,406.00), which shall constitute full and complete reimbursement for the implementation of this Agreement for the entire award year from July 1, 2011 through June 30, 2012. 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 10, 2011, January 10, 2012, April 10, 2012, and July 10, 2012. 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. 2 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 or applicant 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. J. 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. Ig 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 10th day of the following months: October 2011, January 2012, April 2012, and July 2012, 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 10, 2012, furnish City with a summary of Subrecipient's activities for the fiscal year commencing July 1, 2011. 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. 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. Subrecipient 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 result'g�g in the payment of money, consideration, or other thing of value will render thih Agreement void and of no force or effect. r I Subrecipient's Initials 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' 0 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. 10 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. 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. 1s. 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. 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 11 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 cooperative agreement. 12 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: Subrecipient: City of Newport Beach Attn: Kimberly Brandt, AICP Director of Community Development Community Development Department 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Families Forward Attn: Margie Wakeham, Executive Director 9221 Irvine Blvd. Irvine, CA 92618 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, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical 13 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. Assianment and Subcontractin 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. 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 [Ell 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. Drua 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. Riahts 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 Agreement shall govern. 15 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 : qW !I Leonie Mulvihill, 11 Assistant City Attorney A&T City of Newport Beach 111,41L` ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: c-,,-_�"n Dave if City Manager SUBRECIPIENT: Families Forward By: By. � C Leilani Brown, L (C City Clerk Title: 4� InX 'Ai 1 FWD Exhibit A: Scope of Services Print Name M By: (Finanjeial Officer) Title: n T r) I L d' Print Name: [END OF SIGNATURES] 17 Exhibit A ' CITY OF NEWPORT BEACH CDBG Exhibit A: Transitional Housing Program Project: Transitional Housing Program Organization: Families Forward Description: 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 programs overarching goal of achieving familial self-sufficiency. The target population is homeless families with children who stay up to two years and are required to pay up to 30 percent of their income for rent. Goals for the program include: linking families in need with appropriate supporting resources, decreasing anxiety and levels of depression, increasing key life skills, increasing annual income and securing housing. CDBG funds will be used to pay for a portion of the salary of a case manager. Eligibility Approved Funding HUD Matrix Code: 03T CDBG $10,000 Operation of Shelter Costs Eligibility Citation: 570.201(e) HOME $0 National Objective: Low Mod Clientele ESG $0 570.208(a)(2)(i)(A) Accomplishment Goal: 100 Persons HOPWA $0 Start Date: 07/01/2010 Other: $1,109,907 End Date: 06/30/2011 Total: $1,119,907 Location / Service Area / Beneficiaries: Administered By: Families Forward 9221 Irvine Blvd. Available to clientele throughout City Irvine, CA 92618 Help the homeless? Yes Help persons with HIV / AIDS? No Help persons with Special Needs? No Anna Noble Grants & Communications Manager Phone: 949-716-2727 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. h1 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 may be 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 forn 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 finding source, as applicable. Payroll and Attendance Records II: The Operating Department/Agency shall maintain during the tern 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) Cancelled 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 ifI 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 ofthe funds received and/or forfeit receiving ture Community Development Block Grant (CDBG) funds. & f Marcie ak am Date 21 �EWPOgT = CITY OF NE _ PRT REACH City Council Staff Report Agenda Item No. 11 April 26, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Dana Smith, Assistant City Manager 949 - 644 -3002, dsmith(cDnewportbeachca.gov PREPARED BY: James Campbell, Acting Planning Director APPROVED: 4�a c—UL4n TITLE: Community Development Block Grant, Fiscal Year 2011 -2012 Action Plan ABSTRACT: The U.S. Department of Housing and Urban Development (HUD) requires the City of Newport Beach to complete an Action Plan each year to receive funds under the Community Development Block Grant (CDBG) program. The Action Plan is a component of the City's Five -Year Consolidated Plan (2010 -2014 Consolidated Plan) Adopted April 27, 2010. The Action Plan document serves as the annual application for CDBG funding. The 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 estimated to be $385,189. RECOMMENDATION: 1. Hold a public hearing to receive comments on the 2011 -2012 CDBG Action Plan; and 2. Approve the 2011 -2012 CDBG Action Plan; and 3. Adopt Resolution No. 2011- _ adopting the 2011 -2012 Action Plan and authorizing the City Manager to: a. Submit the Action Plan to HUD, with any modifications to project allocations necessary to conform the allocations to HUD's final 2011 -2012 CDBG grant allocations and currently unallocated funds in the City's account with HUD; 1 Community Development Block Grant, Fiscal Year 2011 -2012 Action Plan April 26, 2011 Page 2 b. Execute the FY 2011 -2012 CDBG Program Grant Agreement and all related documents on behalf of the City; c. Execute subrecipient agreements with the not - for - profit organizations receiving allocations of CDBG finds in the Action Plan; Execute a one -year contract extension with LDM Associates, Inc. (Year 2 of 3), in an amount not to exceed $60,000 to administer the CDBG program and to monitor Affordable Housing Covenants; and e. Authorize the Community Development Director, or his/her designee to be the official representative of the City of Newport Beach to submit required environmental documentation for CDBG projects. FUNDING REQUIREMENTS: There is no fiscal impact to the General Fund related to this item. This item provides for City Council approval of the use of anticipated CDBG funds for the 2011 -2012 program year. DISCUSSION: 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 1st through June 30th. On March 26, 2011, staff published a notice in the Daily Pilot informing the general public that the City of Newport Beach had prepared the Draft 2011 -2012 Action Plan and that such would be available for review and comment until April 26, 2011. The public was provided an opportunity to provide oral and /or written comments on the Action Plan and the proposed activities. To date, no public comments have been received. Additionally, the Citizen Participation Plan requires that a public hearing be held to receive testimony from interested residents or parties regarding the 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 Action Plan is the implementation component of the Five -Year Consolidated Plan. In accordance with HUD requirements, the 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 2 Community Development Block Grant, Fiscal Year 2011 -2012 Action Plan April 26, 2011 Page 3 Consolidated Plan. The 2011 -2012 Action Plan is the second One -Year Action Plan submitted under the 2010 -2014 Consolidated Plan. On December 11, 2010, 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 response to the NOFA, seven (7) not - for - profit organizations submitted applications for CDBG grants for Fiscal Year 2011 -2012, requesting a total of $142,440. The Public Works Department also submitted an application for capital improvements, requesting $250,000. The following table summarizes staff recommendations for program /project funding to the City Council: PUBLIC SERVICES 15% Statutory Ca Age Well Senior Services— Home Delivered Meals Program $ 22,000 Families Forward — Transitional Housing Program $ 10,000 Human Options — Community Resource Center $ 4,600 Serving People in Need — Substance Abuse Rehab Program $ 11,000 Share Our Selves — SOS Free Medical and Dental Clinics $ 10,178 SUBTOTAL $ 57,778 CAPITAL IMPROVEMENTS 65 %0 of Grant City of Newport Beach — 108 Loan Repayment $ 201,654 City of Newport Beach — Utility Assessment District Grant Program $ 0 *City of Newport Beach — Sidewalk, Curb and Gutter Improvements $ 48,720 SUBTOTAL $ 250,374 PROGRAM ADMINISTRATION 20% Statutory Ca *City of Newport Beach — Program Administration $ 65,037 Fair Housing Services $ 12,000 SUBTOTAL $ 77,037 TOTAL $ 385,189 'Budget reductions will be proportional amongst Public Service Projects. Reductions to Capital Improvements and Program Administration shall be taken from those ac tivities marked with an asterisk (). 2Budget of $65,922 for Utility Assessment District Grant Program will be carried over from 2010 -2011. 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 Families Forward Homeless Prevention Program. This was a new program proposal that was not funded in the prior 3 Community Development Block Grant, Fiscal Year 2011 -2012 Action Plan April 26, 2011 Page 4 year. Staff did, however, recommend funding for the Families Forward Transitional Housing Program. Staff did not recommend funding for the Fair Housing Council of Orange County (FHCOC) citing concerns about their lack of responsiveness to repeated staff requests for information and required documents over the past two (2) program years as well as a general lack of professionalism. In lieu of funding FHCOC, staff recommends funding the proposal from the Fair Housing Foundation to provide the HUD - required fair housing services. It should be noted that although the Fair Housing Foundation is headquartered in Long Beach (FHCOC is in Santa Ana), FHF is currently under contract to the nearby Cities of Mission Viejo, San Juan Capistrano, and Tustin as well as neighboring Costa Mesa. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Action Plan includes funding for the construction /reconstruction of sidewalk ramps within public rights -of -way consistent with the American with Disabilities Act. These minor improvements involve negligible or no expansion of the existing sidewalks and will improve public access to the disabled. NOTICING: In accordance with HUD requirements for a 30 -day public review and comment period, notice of the public hearing was published in the Daily Pilot on March 26, 2011. Further, the agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: James Campbell Mnarwe•mhum., cmawu �wtewh.wWMn90eWmnmt •kampuiw�...w��e.xnaaaw+. o -F1o1I Je I1 .1. James Campbell Acting Planning Director Attachments: A. Draft Resolution B. Draft 2011 -2012 Action Plan 4 Draft Resolution 5 Page Intentionally Blank 0 CITY COUNCIL RESOLUTION NO. 2011- 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 2011 -2012, 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 2011 -2012; 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 Action Plan is an integral part of the Consolidated Plan; and WHEREAS, on December 11, 2010, 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 26, 2011, 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 26, 2011 to April 26, 2011; 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 2011 -2012 CDBG funds is consistent with the Consolidated Plan and Housing Element; and WHEREAS, the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Action Plan includes funding for the construction/reconstruction of sidewalk ramps within public rights -of -way consistent with the N American with Disabilities Act. These minor improvements involve negligible or no expansion of the existing sidewalks and will improve public access to the disabled. 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 2011 -2012 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 program or project allocations necessary to conform the allocations to HUD's final 2011 -2012 CDBG grant allocations and currently unallocated funds in the City's account with HUD, as further described in the Action Plan. SECTION 2. That the City Council DOES HEREBY AUTHORIZE the City Manager, or his/her designee, to execute the FY 2011 -2012 CDBG Program Grant Agreement and all related documents on behalf of the City. SECTION 3. That the City Council DOES HEREBY AUTHORIZE the City Manager, or his /her designee, to execute Subrecipient Agreements with the not - for - profit organizations receiving allocations of CDBG funds in the Action Plan. SECTION 4. That the City Council DOES HEREBY AUTHORIZE the City Manager, or his/her designee, to execute a contract extension with LDM Associates, Inc., in an amount not to exceed $60,000 to administer the CDBG program and to monitor Affordable Housing Covenants under the direction of the Community Development Department. SECTION 5. That the City Council DOES 14EREBY AUTHORIZE the Acting Planning Director, 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 26th day of April 2011. MAYOR OF THE CITY OF NEWPORT BEACH attest: CITY CLERK OF THE CITY OF NEWPORT BEACH F 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 26th day of April 2011. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK OF THE CITY OF NEWPORT BEACH 3 I Page Intentionally Blank 10 Draft 2011 -2012 Action Plan 11 Page Intentionally Blank 12 2s This Page Intentionally Left Blank -4 TABLE OF CONTENTS 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 Amongst Priority Needs 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 DRAFT 3/26/2011 115 This Page Intentionally Left Blank 10 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 Chapter 1. EXECUTIVE SUMMARY 1j 1. 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, 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 Annual Action Plan will be submitted to HUD at least 45 days prior to the beginning of the 2011 -2012 Program Year. Annual Action Plan for 2011 -2012 Program Year The City's Community Development Department is responsible for developing the Action Plan and administering the programs included in the plan. The 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. The Annual Action Plan for program year 2011 -2012 is 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 2011 -2012 Program Year, which starts July 1, 2011 and ends June 30, 2012, the City of Newport Beach will not receive its actual formula grant allocation amount until after the statutory submittal deadline for the Action Plan. The actual allocation will not be available until HUD releases the formula grant allocation subsequent to receiving the final appropriation of funds from Congress and the President. Since the City is required by statute to submit its Action Plan 45 days prior to the beginning of the program year, funding allocations to programs and projects in this Action Plan are based on the prior year allocation of $385,189. Since HUD anticipates reductions in the CDBG program, the Community Development Department will reduce program and project budgets administratively, after receiving the final allocation of CDBG funds from HUD. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 PAGE 1.1 0 RAFT 3126/2011 EXECUTIVE SUMMARY The sources and proposed uses of funds for 2011 -2012 are as follows: SOURCE AMOUNT 2011 -2012 CDBG Entitlement $ 385,189 Unallocated CDBG Funds (Prior Year) s 0 CDBG Program Income S 0 All other forms of CDBG S 0 TOTAL $ 385,189 Use of CDBG Funds' PUBLIC SERVICES (15% Statutory Cap) Age Well Senior Services — Home Delivered Meals Program $ 22,000 Families Forward — Transitional Housing Program s 10,000 Human Options — Community Resource Center S 4,600 Serving People in Need — Substance Abuse Rehab Program $ 11,000 Share Our Selves — SOS Free Medical and Dental Clinics $ 10,178 SUBTOTAL $ 57,778 CAPITAL IMPROVEMENTS (65% of Grant) City of Newport Beach — 108 Loan Repayment $ 201,654 City of Newport Beach — Utility Assessment District Grant Program $ 02 *City of Newport Beach — Sidewalk, Curb and Gutter Improvements $ 48,720 SUBTOTAL $ 250,374 PROGRAM ADMINISTRATION (20% Statutory Cap) *City of Newport Beach — Program Administration $ 65,037 Fair Housing Services $ 12,000 SUBTOTAL $ 77,037 TOTAL $ 385,189 'Budget reductions will be proportional amongst Public Service Projects. Reductions to Capital Improvements and Program Administration shall be taken from those activities marked with an asterisk ( *). 2Budget of $65,922 for Utility Assessment District Grant Program will be carried over from 2010 -2011. Request for Proposals The City published a Notice of Funding Availability (NOFA) on December 11, 2010 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 19, 2011 to submit proposals. In response, five (5) public service providers, two (2) fair housing providers, and one (1) City Department submitted applications for CDBG grants for Fiscal Year 2011 -2012. The following organizations were involved in this process: • Age Well Senior Services • Fair Housing Council of Orange County • Fair Housing Foundation • Families Forward CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 PAGE 1 -2 DRAFT 3/2512011 IN 1. EXECUTIVE SUMMARY • Human Options • Serving People In Need • Share Our Selves C City of Newport Beach — Public Works Department Citizen Participation The Draft 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 citizens and to consider and approve the City's 2011 -2012 Action Plan. The public hearing comment period ran from March 26, 2011 to April 26, 2011. [Insert comments received]. As a prerequisite to submitting the 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 public hearing was held on April 26, 2011 before the City Council. 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 Community Development Department to determine Community Development needs. 2011 -2012 CDBG Allocations The table below illustrates how the City will use the 2011 -2012 CDBG allocation to meet the HUD - mandated priority need categories: HUD PRIORITY NEED CATEGORIES 2011 -2012 FUNDING. 2011.2012 PERCENTAGE Senior Services $ 22,000 6% Special Needs /Nan- Homeless $ 15,600 4% Homeless and HIV /AIDS $ 10,000 3% Public Services $ 10,178 3% Public Facilities /Infrastructure $ 250,374 65% Housing & Fair Housing Services $ 12,000 3% Administration $ 65,037 17% CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 20 11 -20 12 PAGE 1 -3 DRAFT 3/26/2011 20 1. EXECUTIVE SUMMARY 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 2011 -2012 Action Plan: HOUSING 5 -Year Strategy: Expand the supply of affordable rental and homeownership housing opportunities Outcome /Objective Planned Activities Performance Five -Year 2011 Statements Section 8 Housing Choice Indicator Goals Acquisition of Affordability Housing Units 2,000 400 Covenants on Rental Properties Housing Units 34 0 Housing Rehabilitation Programs (North Newport Center & Santa Accessibility / Decent Affordable Housing Barbara Condominiums) Housing Units 21 5 Affordability /Decent Utility Connection Programs Fair Housing Program People 1,000 200 Affordable Housing Construction of Multi- Family Affordable Housing Units 68 0 Housing Units (Airport Area Conexant) 5 -Year Strategy: Preserve and improve the existing housing stock and ensure equal access Outcome /Objective Statements Planned Activities Performance Indicator Five -Year Goals 2011 Section 8 Housing Choice Voucher and Rent - Restricted Housing Units 2,000 400 Units Housing Rehabilitation Programs Accessibility / Decent Affordable Housing Housing Units 21 5 Utility Connection Programs Fair Housing Program People 1,000 200 CITY OF NEWPORT BEACH ANNUM ACTION PLAN FOR PROGRAM YEAR 2011 -2012 PAGE 1.4 DRAFT 3/2612011 21 1. EXECUTIVE SUMMARY SENIOR SERVICES 5 -Year Strategy: Provide quality supportive services so elderly residents can live as independently as possible i Outcome /Objective Planned Activities Performance Five -Year 2011 Statements Statements Indicator Goals 1 i General Senior Programs Battered and Abused Spousal Information and Referral Programs Accessibility /Suitable Programs People 500 100 Living Environments Referral and Case Management People 35 7 Food and Essential Services Services Senior Transportation Services Employment Training and SPECIAL NEEDS /NON- HOMELESS 5 -Year Strategy: Help persons with special needs live as independently as possible Outcome /Objective Planned Activities Performance Five -Year 2011 Statements Indicator Goals i 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 Public Facilities 2 1 ADA Improvements Substance Abuse Rehabilitation people 40 8 Services CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 PAGE 1 -5 DRAFT 3/2612011 22 1. EXECUTIVE SUMMARY HOMELESS AND HIV /AIDS 5 -Year Strategy: Support a continuum of services in support of the City's and County's effort to end homeless and improve the quality of life for persons living with HIV /AIDS Outcome /Objective Planned Activities Performance Five -Year 2011 Statements Indicator Goals i Homeless Prevention Programs Transitional Housing Emergency Shelter to Victims of Accessibility / Suitable Domestic Violence people 500 100 Living Environments People 500 100 Transitional Housing and Support Services for Victims of Domestic Violence Case Management and Other Services PUBLIC SERVICES 5 -Year Strategy: Contribute to the well -being of individuals, families, and neighborhoods Outcome /Objective Planned Activities Performance Five -Year 2011 j Statements Indicator Goals i General Public Service Programs Employment and Other Training Programs Accessibility / Suitable Food and Essential Services people 500 100 Living Environments Family Services Health Services Youth Services CITY OF NEWPORT REACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 PAGE 1 -6 ORAPT 3126/2011 23 1. EXECUTIVE SUMMARY PUBLIC FACILITIES 5 -Year Strategy: Provide access to local public facilities that contribute to community and neighborhood development Outcome /Objective Planned Activities Performance Five -Year 2011 Statements Indicator Goals 45% Sustainability / Suitable Section 108 Loan Repayment — public Facilities 5 1 Living Environments Balboa Village Improvements CDBG funds for 2011 -2012 will be allocated amongst the following national HUD outcomes for the three (3) HUD objectives: HUD OBJECTIVES HUD OUTCOMES AVAILABILITY / ACCESSIBILITY AFFORDABILITY SUSTAINABILITY Provide Decent Affordable Housing 3% - Create Suitable Living Environments 45% 52% Create Economic Opportunities - - - 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 Foundation. In addition, the City's 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 2011 -2012 program year, the following projects will result in an increase in the accessibility of 205 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 six (6) programs that provide an array of services from emergency and transitional services to home - delivered nutritious 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 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 PAGE 1 -7 DRAFT 3/26/2011 24 . EXECUTIVE SUMMARY • 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 6 Sidewalk, Curb and Gutter Improvements 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 2011 -2012 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: e City of Newport Beach — Section 108 Loan Repayment CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 PAGE 1 -3 DRAFT 3126!2011 25 This Page Intentionally Left Blank 20 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 Chapter 2. STRATEGIC PLAN 27 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 Community Development Department. 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 2011 -2012 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. 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. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2-1 DRAFT 3/26/2011 22 2. STRATEGIC PLAN 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 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 2 -2 DRAFT 3126/2011 W1 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 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 5 owner - occupied housing units for the 2011 -2012 program year. Funds shown below are carry-over funds from the 2010 -2011 fiscal 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 fair housing for all of its residents. Fair housing activities undertaken this year will be carried out by the Fair Housing Foundation and will include conflict resolution, landlord /tenant counseling and investigation /prosecution of discrimination complaints. A comprehensive education and outreach program will also be implemented to ensure that residents, potential residents, landlords, real estate brokers and agents all have access to critical information needed to ensure fair housing choice throughout Newport Beach. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2.011 DRAFT 312612011 30 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 2011 -2012 program year, the City has allocated CDBG funds for such improvements. The City set a goal of improving ADA access to two public facilities in the consolidated plan. Y City of Newport Beach Sidewalk, Curb and Gutter Improvements $48,720 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 2011 -2012 program year the City has recommended funding for the following activity to help address the special needs of persons in and around Newport Beach: O Age Well Senior Services Home Delivered Meals Program $22,000 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 2011 -2012 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 $11,000 ITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 RAFT 9126/2011 3i 2. STRATEGIC FLAN 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 2011 -2012 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 2011 -2012 program year, the City has recommended funding for the following activity to help address needed public services in and around Newport Beach: 6 Share Our Selves SOS Free Medical and Dental Clinics $10,178 Newport Beach Program Objectives: Homeless 1. Preserve the supply of emergency and transitional housing While no emergency shelter or transitional housing facilities Newport Beach, the provision of shelter is a priority for the City. with agencies in surrounding areas to address homelessness. In City will fund the following activities to meet this goal: C Families Forward Transitional Housing Program are located within The City will work FY 2011 -2012 the 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 "at- risk" of losing their self - sufficiency and becoming more dependent on public services. The City will fund the following projects in FY 2011 -2012 to meet this goal: c Families Forward Transitional Housing Program $10,000 3. Assist homeless battered women and children 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 CITY OF NEWPORT BEACH ANNUAL AOT ION PLAN FOR PROGRAM YEAR 2010.2091 PAGE 26 GRAFT 3126/2011 32. 2. STRATEGIC PLAN 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 2011 -2012 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 HIV /AIDS 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 PAGE 2 -7 DRAFT 3/2612011 33 2. STRATEGIC FLAN 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. o City of Newport Beach Section 108 Loan Repayment $201,654 2. Preserve community infrastructure to provide economic empowerment in targeted neighborhoods In FY 2011 -2012, 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. C City of Newport Beach Section 108 Loan Repayment $201,654 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. With respect 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. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010.2011 PAGE 2 -8 CRAFT 3/2612011 S4 2. STRATEGIC PLAN 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: C _ Monitor all regulations, ordinances, departmental processing procedures, and residential development fees to ensure these requirements do not excessively constrain affordable residential development. C 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 Foundation 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 2011 -2012 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 $22,000 • Human Options Community Resources Center $4,600 • Serving People In Need (SPIN) Substance Abuse Rehabilitation $11,000 • Families Forward Transitional Housing Program $10,000 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 201 0-2 011 PAGE DRAFT 312612011 35 2. STRATEGIC PLAN 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 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. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2.10 DRAFT 3/26/2011 so 2. STRATEGIC PLAN 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 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 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010.2011 PAGE 2 -11 DRAFT 7126/2011 37 2. STRATEGIC PLAN 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. 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. A 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 countywide 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. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 242 DRAFT 3/26/2011 38 2. STRATEGIC PLAN 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 PAGE 2 -13 DRAFT 3/26/2011 39. This Page Intentionally Left Blank 40 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 Chapter 3. AVAILABLE RESOURCES 41 3. AVAILABLE RESOURCES Federal Resources The City received a total of $385,189 in CDBG funds for the 2011 -2012 program year. This year there are no carry over funds from prior years. In total, the City has $385,189 for the 2011 -2012 program year. SOURCE AMOUNT 2011 -2012 CDBG Entitlement $ 385,189 Unallocated CDBG Funds $ 0 CDBG Program Income $ 0 All other forms of CDBG $ 0 TOTAL $ 385,189 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 In prior years, the City received 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 • Local Housing Trust Fund Program • Tax Exempt Housing Revenue Bond ITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 PAGE 3 -1 RAFT 312612011 42 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 Chapter 4. DISTRIBUTION OF RESOURCES 43 4. DISTRIBUTION OF RESOURCES Distribution Amongst 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 in Appendix D for more details on the areas that will benefit from Public Facilities Improvements. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 20102011 PAGE 4.1 DRAFT 3/26/2011 44 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR.PROGRAM YEAR 2011 -2012 Chaoter 5. PROGRAM YEAR ACTIVITIES 45 5. PROGRAM YEAR ACTIVITIES 2011 -2012 Program Year Sources of Funds ID Fund Source Amount 2011 -2012 CDBG Entitlement U.S. Dept of HUD $385,189 Unallocated Funds U.S. Dept of HUD $ 0 TOTAL SOURCES $385,189 2011 -2012 Program Year Uses of Funds ID Organization Program /Project Funded Amount Age Well Senior Services Fair Housing Foundation 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 $ 22,000 Fair Housing Services $ 12,000 Transitional Housing Program $ 10,000 Community Resources Center $ 4,600 Substance Abuse Rehabilitation $ 11,000 SOS Free Medical and Dental Clinics $ 10,178 Utility Assessment District Grant $ 0' 108 Loan Repayment $201,654 CDBG Administration $ 65,037 $385,189 'Carry -over funds from 2010 -2011 will be used to implement this project. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010.2011 PAGE 5.1 DRAFT 312612011 4 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR.2011 -2012 APPENDICES 4,7�- This Page Intentionally Left Blank MA CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR-2011-2012 APPENDIX A: SF -424 AND CERTIFICATIONS 49 ?:�r,1EN7Op O 11 fill * NG e 98AAr p�E�O 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. gG - - -1 - 11 Complete the fillable fields (blue cells) in the table below. The other items are pre -filled with values from the Grantee Information Wdrksheet. Date Submitted 513 -2011 [B- 11 -MC06 -0546 Type of Submission Date Received by state tate Identifier [Application �re-application Date Received by HUD Federal Identifier I❑ Construction JEl construction ® Non Construction Non Construction Applicant Information City of Newport Beach UOG Code: CA62454 NEWPORT BEACH 300 Newport Boulevard DUNS # 060752482 Organizational Unit: Newport Beach - California Department: 2658 -8919 ICountry U.S.A. Division: Economic Develooment Division Employer Identification Number (EIN): County: Orange 5- 600075 lProgram Year Start Date (MM/DD): 07/1 Applicant Type: Specify Other Type if necessary: Local Government: City Pro ram Fundino U.S. Department of Housing and Urban Develo men atalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding - Community Development Block Grant 14.218 Entitlement Grant DBG Project Titles FY 2011 -2012 Action Plan Description of Areas Affected by CDBG Project(s) 14.218 Community Development Block Grant DBG Grant Amount $385,189 $Additional HUD Grant(s) Describe Leveraged 0 Additional Federal Funds Leveraged $0 dditonal State Funds Leveraged $0 Locally Leveraged Funds $0 rantee Funds Leveraged. $0 Anticipated Program Income $0 ther (Describe) N/A Total Funds Leveraged for CDBG -based Project(s) $0 Home Investment Partnerships Program 14.239 HOME HOME Project Titles N/A Description of Areas Affected by HOME Project(s) HOME Grant Amount $Additional HUD Grant(s) Levera ed Describe dditional Federal Funds Leveraged dditional State Funds Leveraged Locally Leveraged Funds $Grantee Funds Leveraged SF 424 Page 1 Version 2.0 50 nticipated Program Income $0 ther (Describe) (Total Funds Leveraged for HOME -based Project(s) lousing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles N/A Description of Areas Affected by HOPWA Project(s) HOPWA Grant Amount $Additional HUD Grant(s) Levera ed Describe Additional Federal Funds Leveraged $Additional State Funds Leveraged Locally Leveraged Funds $Grantee Funds Leveraged nlicipated Program Income Other (Describe) Total Funds Leveraged for HOPWA -based Project(s) Emergency Shelter Grants Program 14.231 ESG SG Project Titles N/A Description of Areas Affected by ESG Project(s) ESG Grant Amount Additional HUD Grant(s) Leveraged Describe Additional Federal Funds Leveraged Additional State Funds Leveraged Locally Leveraged Funds $Grantee Funds Leveraged Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG -based Project(s) Congressional Districts of: 48 Is application subject to review by state Executive Order 12372 Process? Applicant Districts 48 1 Pro ect Districts 48 Is the applicant delinquent on any federal debt? If 'Yes' please include an additional document explaining the situation. ❑ Yes This application was made available to the state ED 12372 process for review on DATE ®No Program is not covered by ED 12372 El ®No N/A Program has not been selected by the state for review Person to be contacted regarding this application James I Campbell cting Planning Director Phone: (949) 644 -3228 Fax: (949) 644 -3250 Campbell @newportbeachca.gov newportbeachca.gov Signature of Authorized Representative (David Kiff, City Manager) Date Signed SF 424 Page 2 Version 2.0 152 P.�ppc NT�F4 �welli�l1* "� CPMP Non -State Grantee %� 11111111 �� Certifications ge4ne 0cf�`oQ 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. ❑ Thiss certification does not apply. N This certification is applicable. 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; 5. 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 52 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 David Kiff Name City Manager Title 3300 Newport Boulevard Address Newport Beach CA 92658 City /State /Zip 949 644 -3000 Telephone Number Date CPMP Non -State Grantee Certifications 2 Version 2.0 53 City of Newport Beach ❑ This certification does not apply. This certification is applicable. 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 Cl 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) 2010, 2011 , 2012, (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 3 Version 2.0 .S4 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 David Kiff Name City Manager Title 3300 Newport Boulevard Address Newport Beach CA 92658 City /State /Zip 949 644 -3000 Telephone Number Date CPMP Non -State Grantee Certifications 4 Version 2.0 1515 City of Newport Beach ❑ This certification does not apply. ® This certification is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 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 Act, 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). 5. 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 i 3300 Newport Blvd i Newport Beach i Orange CA 92658 i i i i Definitions of terms in the Nonprocurement 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: " Contmlled 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 Version 2.0 SG 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 92658 City /State /Zip 949 644 -3000 Telephone Number CPMP Non -State Grantee Certifications Date Version 2.0 This Page Intentionally Left Blank m CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 APPENDIX B: PROJECT SUMMARIES (CPMP EXCEL TABLES) 159 �moxa Grantee Name: City of Newport Beach Pro e¢ Name: CDBG Administration Desdi tiara: tors Pre'ed v: 2011 -01 UOG COde: ICA62454 NEWPORT BEACH This project will provide for the overall administration of the CDBG Program, t0 include: preparation and submission of the Annual Action Plan and the CAPER, IDIS data input, provision of technical assistance, monitoring of all projects, and overall fiscal management. motion: Proom, .Nab Car Otvd Newport Beahh 3300 Manw, Bhd. Newport Seam. CA 92658 Select one: i PNnM,%oranl4rstln vt Et[planaUOm E a cam lesion Date: The goal of the City's CDEG program Is to pmv:de decent housmh, housing choice, suitable living environment and economic coporunity for all residents, businesses and visitors. Staff responsible for CDBG adminntration work towards these endeavtas. 6/30/3013 1Ob,. oa Cup,, O asaa Lbmq Osu~d¢ Lrmg Briuwaent 0 ,DncowPgmM spedruichysichowl __- 0almme Cauo on6 pAw�znayA®een OAmhdaWnr OsaaaPDOmn 1 iiq:oe uc svim ra bwAwd hma pass 2.1 I° 31 I° _ C q m h TyM; I v Pro esdtl NIA ,�:�. Tyle: I v Pro os¢O I UnJ Pro ram Year 9 co iate Program Year 1 uMerwo cam Ids m L — o 'c pmpepl, Type: v Pro punt MIA pnmmy. Ty,ii v Pra a dl underwa Program Year 5 tom Ids Pro tam Year 2 Undo. CPm law 0. ° a A PL Type: ° Pro used Atwao. Type: I. Pra used Until— Con Plan Period cam Into Pro ram Year 3 underwa tom Ids Proposed Outcome Performance Measure Actual Outcome Ar s to decent Lousing and Suipbl¢.III, ¢nvlronman National Obje a ve: WA See indmdud COBG Pmlett 2]A General Pm3ram Admin'otnatbn 520206 v MaNZ OWa Mainz CWes v MdNZ fti3a v M.%C v I MaaMOds yPond E m 0 d Was v Pro oadd Amt $60,285 rune bpne: I v Pro osed Amn Actual Amount Actual pniouM yyi¢¢; v 11 Pro hosed Amt. Fund Saurte:. I v Pro osed Amt. Aduol Amount Actual Amount Gacmd-Tyye: L° Pro osed Units Adtgl Units NA N A pQOmpLTyce: (e Pm osed Units wdual units P®wn. Tyye: ° Proposed units A ®nqL lyre: I v Pro pas-1 Units Ad. Units AGUaf Units n U Y RA®mpLT' 0 A. CDEG I v Pro osed Amt. 465.032 Fwd sci I v Pro .Seri Amt. Atnral wmeunt Adual Amoum FuW Shuns: I v Pm osdl Amt. FWd 591ne: Ira Pro aSes, and. Actual Amount .1 Amaurrt v units MIA / yy Type: Iv I Pro osM Units Actual units MIA Actual Units pmnryi. Tyye: v Units Ahdhdty ; Iv i Finhoseni Units Actual units Actual units m yn:W _ ° u o 0 m� I W I Pry area am. - io d shwa: 1W Pro osed Amt. Actual 4mouM Actual wmoum �¢n.: I v Pro osed Amt. Fwd Swu: I v Proxdea Amt. pdual Amount I Adual Amount HIm¢L YPe Iv sm som Unite �Tyce: Iv 1proposao units ArtuL U.- Actual units rumuq. Type Iv Pm. UrdL A®:{i iR:¢: I° Pro Actual Urui6 wdual Units is y E sh 0 ZDOG Iv Pry ozM AmL Fwd Swrt¢: Iv Pro osed Am t A <uel Amaum Actual Amou Rho Souse: v Pro serf AmG Fwd 6wm: I v Pro Am Actual Amaum A¢v:v ie: v Phopti.ail Unib prmiM. TpY: Iv Actual Uni ts nits IA� p®npL Type: v ant Unity ausznpL TyyC: Iv nts nits m E q Ou D d mCCi I v Pm osed.Amt puhJ yu:a: I v P osed wnn. Actual Amount Achral Amount GIM1e+ I° heed Amu. R d Sou.: I v P osed Artn. Aduel Amourn Actual pmvurl{ A®unpt lype v ozad Urrits p ®nNl, Type; ° Pm osed Units Aduol units Aduel Wits Aimmp Pro o�Unit. pnpnl, p Pn osd1 Unie Adaal units I Actual units WE Grantee Name: City of Newport Beach Pro'.. Mama: Fair Housing Services cola wo as a: 2011 -02 lued cod.: ICA62454 NEWPORT BFAC The pmjac[ will pr=de fair housing education, counseling, and enforcement services to current or petenual Newport Beach residents, coupled with landlord /tenant Counseling services. These seines impact and benefit target CDBG areas and the extremely-low w moderate income population. Loradom I n': " .atom cat - Fair xa:s:m rnvHatb:1 ado. tArq edam sne, U9090) Select one: Ida �45��ra Low- income and UW81 needs persons OREn nave limuddl resources td address any landlorv/ tenant wmams, or ocher muss then affect theu- hodandg. Pmwding a.. to fair housing semc s improves heiaing Charm. assures. decent hooting and a more suitable Innng emmonmam. erpeam cam ration A.,. SM.12 mroweoswr O bean lamq O>ixxLACy- �++e+ =win.. woo'- tdAat�M ,rs�.�r.r o—Ao 21 3 I� m vote 1 tl 200 m Am I. a.d Prooram Year 1 Pro ram Year a e – t .mire - zoo of xae I- ae rzm Year 2 ram Year 5 umer..a e a PI a Con Plan Pend Pro osed Outcome formance Measure Actual Outcome M prwlemq dean[ ea rdair. M1wvna Ocomve:N /A OH-1 RVailabilddAccessili[Y vp"I llouA P.oe (,;,m bow mnaap MadIIIl Maw caa: cm� 1- uM.R.cm- Maok G'Nr9 I. MA. CO]¢ > qpt e d man I. P_opoaen Amt Aag sr t L era a..e came: Actualq Acm q ram rate: 1 Pro —Al Ann l AM s�iaa P aea Amc mount qRuai• Pa4e . An o..e Unll. .yanpl. type: I naee Uruts ua Vma AChOd Units rc .Type: I• Pro .-d U,115 4[wnd type I. Pro axed Unm Act—I Vnlb ac Uwl UNts YA¢valAmounl mof P_ coact a.d Amt. st2000 Rxd m I- Pb — d!came. uai • gaual Nm nzad gml. 5583.]59 Fuca Saar - see Arm. —.Am • p t I. Pro osed Uniu Wo ymny4 rn,c I • Pr sod Unftspj aml unit/ e� a :yam I • Prono. dl a 'b e®:,y rrse 1 • Proposed dons aeval unib Acm i Yrtib m91 coad ',,,.A And. Fw sneer: I .-d Ann. Amral Amount uai Am � rw saaa: I— —d Amt. I A[tual Pm Amur Amwm I .Aa:: Peye I. 0.a awd Wtits %Tr..' 1.Prooamd VnNS^ etuat UNb ¢val Units P.o oa.d. fm:µ T n c 1- etoo —d V.ib Actual unib acc-d Unib P n > m6t d � 1- no oA.a AmL ere saAS 1 • i P.n oam AmL I al4neunt veal Amer ca 1• Pro o.m Amt. rw sm.a: I � i Pro 1 Amal,m a nl Real Amount Pmda I• ro o.m o:db A®rp.rroe I� Pr000aad umm uai Ynib anal Vnib fmn }Tiye' I� Pm osod VNb M Type: L-11-- nz.d Unlb uai Ynlu uai Vnib u r m 4 toed 1114.e ...A.1 ArIL gaual A uai A mim .Pro o..d Amt. rtn snRe - ssaAmL u.l Am not [foal Am al Peye 1- Pro ozod Unlb Anomllyle: I Unib uai UnVe A.,! an, .0. Td A: fPl ... -d unib pc¢s:iW. ryye: eee Vnib A—.1 unib rnal tmHA 01 __ Grantee Name: City of Newport Beach Pry en xama: Human O bons: Common' Rrsseurce Center oescdvaan: Io[s Pro ea e: 2o11 -O3 VOG Code: (ZA62454 NEWPORT BEACH This pmjea will provide a wide variety of counseling and educational programs to help victims and their family members deal with the effects of domestic violence. CDBG funds will be used to pay for a portion of the salaries of staff who provide counseling and case management services. Location: __ _ _ —. — Orlon NceL.Cu ugo "' Communlry Rowans Center 5590 T.W. Rode Imne. C4 92620 Select one: IBeh Serer Uplaaatlon: expected Cam etlon pate' Victims of domestic violence who flee their dWser often new confider rcl ,urnort services and housing. Marry victims flee an abusive Mths [ion without the resources (Fold, doming, etc.) necessary to soo0on themselves. This ran often lea. m homelessness. N.,oml Objwdve Cratlon: LNC M.208(a)(2)(i)(A) 6!30(1012 IwA. 0 pempllp9n Oa SU�xc vAl9 Grvianmr O Emmne� ay _ etlfla0 'eNVe. OYtwme Utegwrle5 OAmretmavro� ,mnn ❑PftoNaLYlty ❑sitainattry 11 Lrolow, mviesfm uAnW Lyn. pawls ZI - 3 — U E 01 Fe.pk Pra oaed 2 of Peopt v P.. eeee Pr taco Year 1 uneerwa coo rote Pronoun Year 4 Unaerwa coo leas i U — a E o E of hook U ram Year 2 Pre Waco 2 of Rapk Iv Pr am Year 5 or Paw ua Unit—, Underwa cam lea I cw as u` aEerw of rtwc J- j Pro Ha gT I. Po eua I am Year 3 I Con Plan Penod a .m co Ine Prop cased Outcome Performance Measure Actual Outcome accocabdity W&P, all of oea.ng smtaue In., errvlmnmem tral 11 Avadirwityf stunt, 05G aam'N coal Amur 50cusa 00201(.) U wa.v CO]6 J GSG aana'al and AWae slmsg 5702ruci Mdhd CWn Ma ,CWx IMa. cdl6 A Y A C[BG v !E- P. Amt $4,600 rW 5aa¢; I v IIP ry oaed Arm. Anual Amount Anual Amount Cac v Proposed Arm. 5<OB.698 ruW 5oa¢; I. liPr000sed Ann. Actual Amount Anual Amount O"'A Vnits 2 ual Units Actual Unib oaed Unib Anil TPA: I -. Pro aaeA Vnib ..'Units to dA.I.T osea Amt 54.600 - - Paul $op¢: . Pro pace Amt aal Ameum Anu.l Armum coca Amt 5426.931 Faro 5w1C - Pm voce.. tual Amount Anual Amount 01 Propk v Pia osea Units J ruccu LType.: v Pro claw Units Actual Unib Actual Units wP v Pro .A-1 Unlb ArmnPl. Tx: I v Pro —d Unlb aoual U.I. Actual Unit4 m A n e1 6 Coat I v Pro oaed Amt roe SwF¢: I v Pra coff Actual Amount Anual way I - Prw d Amt nua, Spy R: 1 • Pro —Actual Amvum Anual of hryk Iv Pre nave U.I. Af01Sl Tlye: Iv Pro 1Unib Anual Units I Acvlal Vnib Aom At}TG Iv Pra aaM Units A®mL TWw: Ie Pra osea Units Actual Unib Acwal Vnlu 0 d E Oi O� cil v Pre mea Amt Flats 5av¢: I v I Pm .d Ant Actual Amount Actual Amount Gay v Pm oaed Amt A, Am,: I v Proposed Am. Actual Amount Actual Amount of PLOpk v Pro cam unia AI$npl, TyFC; - vro eserl unua Actual Units Actual Units Acmnol. Toe: v Pro clod Units Acmnpl. Toe: v Pre coed U.N. Actual Wits Actml Unlla b arwpr 4 o 0 (CqG v Pro oaed... rpq Scum: a Pro osea Arm. A[tYdl ArMUnt ..our .—or, I- Pro mm Mm. rrrdSaPhol I- or. '—d amL Actual Amoam Anna Amount Ol Perak v Proposed Units Am1p. TV'e: I. v.o area unity MYaI Wib a[tu.l uMIS amor. type: I- Pro oaed umta wl Ate, ; I- . U Pm aaee U.I. Actual Acbal C orli'vovela Grantee Name: City of Newport Beach Prdemxame: Families Farward: Transitional Housing P ram Desai de I loll Pra eR d: 2011.0a Uoe code CA62 ?5A NEWPORT BEACH The Tansidonal Housing program assists homeless families to regain stability and self sufficiency. The target population is homeless families with children. The program provides case management and supportive services to households residing in Families Forward transit tonal housing units. CDBG funds will be lase to pay for a Pramen or me salary of a Mae manager. Lovtion: pri.rin, .Need Yffi _ Fears 5 FonvaN 9221 Imme Blvd. Irvine, CA 92618 Select one: PuoIt parades Explanation: Ex ec ee coin lotion Dote: Provide needed services for low/mod Income persons by preserving the supply of emergency and transitional units and those at risk of homeleness. National Objective Citation: L C 570.208(a)(2)(i)(A) 6/30/2012 aeve n O ovaeor house, Susuble Irving End:mrmnr O Become opportunity Specific (0ectivan Octmmece"mins O+awa�vtn /A�sihilPf OABRdabnly ❑s®caanav 111nueae the number R MreYss persons moms, tit. peimnent hosing 21 Inaroe esv.iretpr twemm IrMf! paean I 3I I• R o p1Ng5o prapesed 100 al fade I• proposed Program Year 3 umawa Pro ram Year A underway cam let" co lion, 100 d L y= P I I at aside Pm o SOO Pry zed Pr ram Year 2 uM cmindidua Pr ram Year 5 urNVwa coin loo n °u aundowa Aamat Type: I• Proposed A®nal.Tra: proposed P ram Year 3 CPmplao Con Plan Period uedawp complete Proposed Outcome Performance Measure Actual Outcome Aoero,l :llty her the WmoX Of Rea0ng notable living environment People $bl Availabilly /AcrSlEllly 05 Puble s,rvRS(GmeraO 570.201(e) �Maub fAda Matrix coda FNUIV CN6 Matra Codes 1.1 mum CMa I O ,y u A ad 6 cam Iv proposed! Amt. 10000 Pura Swne: . Pro osed Amn. Actual Amount Actual Ampum Auer . Pro moan I Sl 104 907 qnp 5un6': I. proposed Amt. Actual Amowt Actual Amount OI Feded . Pro aaed Urdb too a®mp, Typa I Proposed uN15 Actual Units Actual UNb Aral Typo: I• P- .— VNtz A®npl Tops I. Proposed Units AGUW Unia ,RUN Units q E an ° s COBB I. Pro Amt Ave S 10.000 FW S - I. Pro on Amt. e] Actual Amount Actual Amount Pop sane: I.I vra Arm. S1.OA3.610 gaip yo¢.: I. Proposed Amt. ,RUN amaurrt Actual Amount al Pape Ie proppeop, units 300' A®tpL Type 1. pro units Actual units ARUM units A� q. TyS". proposed units Aoorat Type: �. Proposed units Aaua units ARmI Unia no £ E on a y mm . lPr. oaedaml. FPM sAim: I. Pro osep, Arm. Actual Amount gRml Amount eve,sems v Pm and Amt. Fund saiKe: . Proposed Amt. Actual Amount Actual Amount Ol Pape . Pro osetl Units A¢om moil. Type: . Pro osed Unite A,tuN Units ARUaI Units Aacmpl. Type: . Pro osed Unib Armmpl. Type: . Proposed Units neural Units Actual unit. Q rRi E m s, (pg0 . Pro o.eJ And. Ford spore I. Proposed! Amt. noose Amount Actual Amount giipr . proposed! Amt (yrq $WRG: I. Proposed Amt. ARUaI Amount A.1 Amount pi¢ . Proposed Units p®tip, type; a Pro UNi. Ached Units Actual Wtia Ar>.ddL Train nia ranis Adp Ga Type • Pm Units Ao 1 Units n m P ` a y cost . Proposed Amt Fiord saaez I• Proposed Arm. Actual Amowt ARUaI Annunt Diripf . pm arm amt Furor sorts u Proposed Arnt ARUN Am.rm[ Actual Amm ou pl pgxye I. pro ouM VNIS gmxriat type I. Pre do units pRUW UNt9 gctu.1 Anits A®mp, type; . Proposed Units q¢gtgl type . Pm osed UrriK Appeal Units ARUaI Unit. 03 _ Grantee Name: City of Newport Beach vro'ca xame: A e Well Senior Services: Home Delivered Meals Desai lion: (Ors P 'e6 A: 2011 -0$ uoo Cade: ICA62454 NEWPORT BEACH Age Well Senior Services will provide home - delivered meals to homebound senior citizens (62 years or older) who are uanble to prepare meals for themselves due to age, illness, or disability. COBS fiends will be used m pay for a portion of the salary of home- deliverd meal staff. Women. Prierm, Need eat -. Age well Senor Son ,the 24300 D Tom Read, suite 2000 L,..P woods, CA 92632 Select one: IPi°�$0Y105 exPlmudorc ez eaed completion Data:- Homebound serens often have difficulty prepanng nututmusly appropriate meals for themselves. Home delivered nutritious meals enables hamebodnd seniors to mmam In Nee homes, avoxl being .=.tiorahzed, and creates a mare suitable living enwroomem. National Obletvve Citation: LHC $20.208(a)(2)(i)(A) W30/2012 t� O peraiv Irs®g Q SVUd2 U+u9 Ensvannax 0 spec, 01,3ectives : - Ou:eme Cire3.nes OO A.iotin/A.Pocity o Atien imry ❑S=sa Pr, 11 NOmrt 0e . ee bv/nN lrmne aloes 2 I 31. Iv in — o 'y Ot "ode I v Pro Osed 'Coo on Pea v vm osed Pro ram Year1 VndorwO Program Year 4 Underw] co lute coon lem E E — — u = o o E in Pm,4 M Pro osed 100 0: bade v ased Pro ram YeaF 2 undawa Pro mm Year 5 un undarwa COm lam co lute y Q 0a bade u Pm ram Year 3 PVrM Con Plan Period Pm O5N tlowaa Unde—ii cam late co' mta Proposed Outcome Performance Measure Actual Outcome A.iblllty for Ne purnou at crating suitable Irving environment Peope SL -t Awuai)ulry/A ibillry OVA SeoorS jm 570.201(e) Meuix Gdw Marxcxde, _J I MdOV Gd6 to Cm6 M Manx Cttl6 ..I e Y n m 0 S [UBa I v Pro osed Amt $20.000 I Funtl Sv2C I v Pm osed Amt. Actual Amoum Aetual gmmun[ IXM1er I a Pr.2._ a Amo 1 552 940 Pone 5pu¢e: I v Pro a]ed qmt. PRUal Amoum Actual Am... 01 Poem I w: Pro osed units 100 / m,',c: v Pm .soul ..R. Aouiel Units Actual Units A®'tlpl. T,: I v Pro OSed Units uooc. Trye: Iv 1 Pro osed Vni[s Actual Urtib Put. Units N Y 9 m 6 pm .0q0q0 Read Soo,nu AAmmtt. . oosseed erual Amu. Actual A—unt qhg v A mL Si $2$29 0 Penn SwlsOsed v d Pro Um APro R aI Amoum A.M Amoum 01 PCpt I v Pro O]M UniLV 100 Tice: v Proposed unim Actual Unhs Actual units AL.vnaAL Tyre: I v Proposed Unks Amp. Tl'R I v Pr00000I units A6ual units I AG.al units m } E n m 0 meG I o Pro osed Amt. read scent: I - osed Amt. Actual Amoum I gRU]I Anmunn qng I v Pm .sad AnnR. nmd sou ne I O I osed Arm. Pound Amoum Actual A. pL a me I Pm osed urdu e,�1 rme: I Pre acm u�dts Aanml units I Actual amts ,ol Type: I v Pm osed Urrvts Aa } Type: I v P osed unie AGVN Units A[inml Under p Pi E n o P, ORS I v Proposed Amt. - Fvq Smite: I v Pm ArtR Actual Amoum Amal Amoum Qllef I v Pro osed A., qyy y,R: I o Pro osed Ann. ARUalAmaum Amnal Amount 01 Pen* v Unit Aterµ Type: I v Pm aced UAts it Aa.m Units i 'mL Tyq: v Unit A—rPL TyPe: Iv Pm osed Writs it AGUaI Units in ycone n m 0 MEG Iv Amt M runo So,m: I Pro osed Am[. oum Actual Ameunn I v Ann. none Soune: I e I Pro osed Amt. Um Ponon A mount Ol People a Pro rind unit Acmmpl. Type: ° Pro osed unit Actual unit ARUaI unit A.M. Type: v Pro osed Unite pyvnPL Type: v Pen asMUnit Actual Unib gRUal Unit 04 Grantee Name: City of Newport Beach Pro "ea Name: Sayg% ev le In Need SPIN : Substance Abuse Treatment Program SARP asvi Nan: rots vro'ea a: 2011 -Ga uoe cone: G6Za5a NEWPORT BEACH SARP prowdes access to substance abuse recovery ro those least able to afford it - the homeless and low income. These individuals cannot otherwise afford treatment. Case management Includes: counselim, supplemental employment services, medical assistance, and legal assistance. CDBG. funds will be used to pay for personnel costs m implement this program. Lnativn: .Pridit Need a r Serving Pa'!, 1. No,s]'SPIN) `-'- I(Almus, H -2 S C2 ma Hess, CA 92626 Select one: 1pl:brc SSri� I. esplmlauam m coca letian Gave: Homeless and lowdMOme people often do nat have suffdent Income to oamopate in substance souse treatment programs to hale in them recovery. SPU increases the access to such Programs far boneless and Iqv -income Persons suffering from substance abuse- National Objective Cla0on: I-PIC 570.20a(x)(2)(1)(A)&(B) e/a0/2015 stY 9 frog Finamrtm[ 1O 0 �Qne GR9nTlh' - pmRe OE' - ou'.Uraones QAVal hu,jA iAy ❑Aftonei, ❑sA2wnray ylMwmeucsaviabbxllmallm:ePamtz 1v -I -I FJddI:mCMmk3n� I 2 31 I m or pe w 1- Pra a.m a o: P11* I- Pro aam Pro ram Year 1 underwa ci eta Pm ram Year a umutva I c.r Imo m c o ^ E 9: Lm4e I - Pr0 vseE S of PmMC I ° I Pro ase4 Pro 2m Year 2 umerwa I Pro ram Year 5 Unae.wa <o lets cam Iete a` v aUnncrwa al rywle I • vra aam A ...0. Tra: I - Pra as<ae Pro ram Year 3 Con Plan Period Unaerw co let. cam Ina Pro osed Outcome Performance Measure Actual Outcome Aco,A1bility ror ev puroa5 of rear., sortable IM, vINnTRnt P.pple SL-1 Avatlabalry /AUesslbiliry 6iF 5utonti. Pbu5. 5.:vic. 570.201(.) momxC . O.5F5.b .Apure Servke55)0.201(c) I--� Hame Urfa u monix CCdeS Ham H d Aat P: COaG I- Pro ii ed Amt. $10000 Nno SW rte: - Pry o6ed Amt. A...l Amount pmual Amount a yr - II- Pro osed Amt. aJ R3 Puna sou.: I - O Pro oud Amt. Actual Amount A Amount P.Otl Pro osm Urtite 8 A¢a'nPl. Type: 1-i pro ¢seE Units pRUal Units ARUal Urn. q¢v::¢L Typr: I- Pro osetl Urtib Arco LTyro: I -I vm osed Units Actual U.'-, Actual Units N o } n or O y mV' I- Pry osed Amt. $11000 Fwd$Wae: Iv Pro Am. Actual Amount Anvil Amount etnw I v Pro a.m Amt. $a25 492 Fwm Sane: 1 v 1 osm Arm. Actual A-0unt Actual A.. at 1- Itio sea Unit, a Af[PrPI, tyro: I-I pro units ACNn uni. ARUaI Um[5 A®,qL Type; I- P sad U:tit6 Amnq.,ype: 1-I Actual Vruts ArSUi[ al Uns m m d cow I - Pro osed Amt. FuM Sv:tC 1 v Pro mM Amt. AGUaI Amvum ARrpl Amoum r..Mr I- Pry AmL Fu:k SP:rtC I- Pry mm Amt. PGUaI Ammunt Acoad Amoum el lt-Ve —Actual v:V. Tye %v mUNs units ruzuAl unit. AT Ty : I- Pra osedU ib Ama7. pL tY�' I.I pro osm U.i¢ Aural Urd. A= trNiz Q p Y n01 Ip a 03a I- Pro osed Amt PaW 5w:2 I-I Pry i—d A:m. AGUii Amoum AQVd Am.um IXhCt 1— Pry osm Amt FIpW $gvCe: I- Pm osed Ann. I Ar2wl Amaum AGrvl Amount P"i, - Pm rice Units AmnPLType; 1-- Pla osm Uni6 ACVaI Urns ..I Uni[a Aow LTYF: - P sm Units gmilP. Trye 1-: pro azm Vni[s Acood Um6 Anrml Urdta m d Y n 0 O d I�@i - Pro osm A:m. Fps Soar: I - Pry m Am. ARUal Amount Actual Amawt Oth v Pra vsetl Amt Fund Smite; 1 a 1 Pro Amt. Actual Amount ARUM Amount 01 PconA v Pro osm Vni W A¢ . Tpc: v Pro osed tlnl[s perrrl Uni[4 Actual Units Ptrd:gl. Type: - Pro osm Units A¢omPl. Tyro: s 1 P osm Vnits Aural units gnual Units re Grantee Name: City of Newport Beach Prp en name: Share Our Selves SOS SOS Free Medicai and Dental Clinics peon 'o xoxs vro'ed >: 2031 -07 U"code: 1CA62454 NEWPORT BEACH Share Wr Sarvg vnll pmnde Onmary /urgent we cn a dally walk in balls, Arm�rare, ant specialty tare ey ap,mtment to i mmandi change County ms:dents and patients in Me Counry MSI Progmm. In spottier, 605 prowl¢ bodge mediml Care to parents who qualify for national insurance programs and are waiting m a planed In an appropna¢ mlediml home or who will not poaliN diet who revde far from soy and dumfore edm in esmbhsh a mmiml Inom , tlaser to home. Pull smile pdnaary raraamrmt tore dims is a mmmuhnent In we open areal for those lativrg a more intentional motion time. Woniom - P min, Nutid Comeal Share Wr selves 1550 SPPmor Avenue Costa Mesa, CA 92627 Select one: Psb45emca Ezplanalion: Em eded Completion Date: Provide free medical and octal ore to musured low /mod Income persons. National Ob)ective Citation: LMC 570.208(a)(2)(i)(e) 6130 2012 O I me%edhx tegon' O he ce xun:ng sha trvag Ermvmn>nt Or ana aoownm�n _ s «inb0 'ecdva - – - Wtmnaecategedes [+I AtvDdvytu vbPty ❑aarpabd3'( ❑s panty 1 Ntgole tie royal tw low /not 4rnme Pelson o 21 I -1 31 I- _ ° o > DI peope Pro osed I ' 00 AmmW TyR: 1 v Pro osed Pm ram Year 3 Unanr m I Pro ram Year 4 und. Co de cam Inc E — ° E maeope Pro axe I 10o A®mN.Tyce: 1- vro slot Pro em Year 2 weert . I Pro 2m Year 5 umnrwm root Imo cam Jere 1 o p y U Q Ancona. Tyne: ezd P Pxo Pro asetl Pro ram Year 3 Um Con Plan Period Unenrw- cam Iced clot rem Proposed Outcome Performance Measure Actual Outcome ACCoo liry for the purpose. of Creating mottle living inwromr., People So-1 AvaoabniN /ACCesslm0ry M Pink 5ervrao(Gererel) V0.201(e) Mauna Cutler vi Mamacddes ,,qmxCmd Mabtr Cots real Codes I . ti a > Aof On Gc cam v Pm osed Amt. $9.000 Eunn sine; v Pro sot Amt. A¢uvl Pmmunt p6ual Amouni goer v ore osed Amt. 53 701 76 fvm Sm,te: v Pm osed Anal. AmunlAmoum AGUaI Anmum Pa.* 1• Pro oeee Units 100 voornal.Type: I- Propaunatma. Actual Units muv woes AffimL Twee v Proposed Mon. A®mvt-r : Iv Pro Units ActuN Units A4ual Urab ry 0 E Ia m ° m6G I v I J— %o osed Amt Actual Amount S 10.178 _ Amp sm,2; I- Pro xe Amt. ..I Amount offer 1 v pro osed Amt. 54 150 419 -1 Prue Same: IJ sot Amt Aerosol Amopm Actual Amount ill Pee* v Pro pursed Units 100 Atmngl, Type: . P,PPPu,,I Unis Actual Units Achl Urdu A�nln. Type: v pro riot Unit A¢ompL Tyne: v Pm m Unite A[lupl Unitl Actual Units in E q m a, fDIYi v Proposed! Amt, fund soune: v Pra oxd Amt. Attuol Amount APtual Amount One, v Proposed Amt. Funp smrce: v Proposed Amt. Actual Amount gctuol Amount ill Pmple v Prn Axes Units A¢wnpl Type: Iv vro led units ARU.I units Actusl units quarrel. Type: v Pro one Units A>mnl. Type: e p Pro osed U ns Amual units Arnm1 uinto y a > r4 m ° mEG v Pro osed Amt. Puny Smoe: I v DA Amt Amual Amount Actual Artmum Ql:ef 1v Pry osed Amt fen Amt. ACY ➢I Anllount .1 Amount 01 Pmde I v Pro sot Units I ADIDgL ljge: I v Urals arnral Units Aoual Units AR«mL Type: I- Pro toot Morro •mma+Type: I- units Adual Umrs Aetual Uni. yt U E N N p y miG Iv Pre osed Amt Fogono°': Iv pro Amt. AduN A.. Ac4N1 Amount Cron pro ',rood Arm. fan sm4: I- I ii-posed Amt. Aeouif Amount Antral ruminant of Pool 1 v Pm osed Units AaurPL Typo: 1 v pro sot Urals Actual UnifID APP.I Lid. Aoaa T. Type: v Pry osed Units A ®ML type: v Pro sot Unila Actunl IAu.1 Units / / __ _ Grantee Name: City of Newport Beach wo'eR Name: SeQion 1,08 Laan Re merit Descd mn: lots coed >: 2011 -De Uo¢eode: ICA624S4 NEWPORT BEACH Funds will be used to repay the ON's Sedan 108 Loan. The loan was used to panially fund public Improvements to the Balboa Target Area totaling 68 million. The stripe of work mtludes Me Balboa Village Pedestrian and Streetecepe Plan, Street Improvements to Balboa Blvd., Pier Parking Lot. Pier Plan, and Lot mnnecer, access to Main Street. Location: .. __ _..___' -. P ... it, Placid'. Co.,,, LMA - C Aux TaR 62900,1 Select one: Inl61aftt90'e I v faPlanalm: Ex etted Ointialinfin. Date: Targeted areas within Balboa rlllage were detonaVng. To elimina[e Me tght Palmeri influences and Prevent further R etrialron, Me ON used CO9G finds to make Mkest improvements t the target areas. the Improvements will Stimulate Name e r mdme, investment and pmwde a mom suitable living enNmnment. National Objemve{itation: LMC 570.208(.)(1) 6/30/2012 ��¢ypya �SelmM 6rmamanl O eRO,rc gpamnq, - S,acifie oeeawes DuUVme Gtegones ❑A.Riptaly /AOavdYn ❑AffdazoiAry QSa°eubiiity l lmpe+egwOnllnoe ouanflry of pbK Mpexanal6bawv Fm'nt pusms >I ZImPmmquallly)Inveau 9uanery olnel]M1NM1OPd fatANa kr aw acand PUSOrs 3 11 WOIk Fa]Gtla Iv u Pr ram Vear ] Pm ovetl t plypW Famed Iv Pro aaed Vneerwa cam mm Pra arm Year 4 UntlerWi taro mm i Wah Fadllc L ° ° a m Year 2 o E Proposed 11 RbPC FN31% v ram Year 5 Pro osed underwa Undcrwav u tom ca fete Q. Y ]S HCK faCC6 M a ram Year 3 Pre acted q®'MI. T)ylc Iv Pro axed � Con Plan Period unamcla teed lee ru mm c:t,p Pro osed Outcome Performance Measure Actual Outcome Adeak i0ty far the purpose of veaung suitable lone, emrmnmemz Wdllc Faallty 543 SxAnyq @y 19F PWnrMp l ePaymml of SttWn 109 Loan Principal M Mavi. Co]6 I v 19F PNnnM anorroenl of Section IN loan Principal M MaWCola v Mae. CWa M lMalr4CO]a M a Y A m ° to aggi Iv Pro osed Ron 5199,346 _ Fvtlsmite; .1v Pro sea AML Actual amount actual gmount iVd $°P¢: v Pro .sea AmL Nat $due: I v Pro owed AmL A[IUaI ArMUnt ARYal Amount 11 n45[fNep v Pro setl Unib amroL Try¢: Iv pro d Unib Actual Unib Actual Unlb P®r[p. Type: w Proposed Un tit Amrpl T9FA_" I v osed unit. Actual Units Actual Unlb ry At E Gi p. CD86 IV Pro as m Amt 220] 65a FW were M Pre sed Amt. Mtual Amm aRml Amount Fwd scene: Iv Pre eectl AmL roil $av¢ Iv Pre see Anal, Actual Amount Actual Amount IS WOAC Faellticw Pr'o osetl Vnib 1 gYmrpL Type: v Proposed Units — Actual Unib Actual Vnits ArmnPL Type: v Proposed Unity A®n, Type: v Proposed Units Actual Vnfts Actual U.J. m a nIt to to 6 CO6G v P- p--1 Amt Fineywey: Iv IlProplearrid Amt. Acrual Amwnt Atlum ,lmoun FW SWR v Pro mee Am- FW spspend V Iv Pre alto File! Actual groan, actual Fmount Rod, i6tb v Pro osae units q�lp, Tyle: I v Pr .d UM. Actual units ARUM umb gent,, Type: I v Proposed Units lappardirees I v Pro awed Unib ARUeI Vnib Actual Units v in E .a b ° y ONIG v proposed And, _ w, SAdM v Proposed Amt. Actual Amount Action' Anti fwd S°IR v Proposed amt Fwd Saturn: v Proposed And. Actual Amount Actual "..A' It Public Fapitl v Pro oiled Unite gmenpl, type; v Pro osoa Vnlla Actual Units A[tual UnIt9 A®nPI. TYDR v Proposed Units A®mPI. T1M: (w P.o .see units Actual Unlb Actual Unlb N R. O on to 0 axU IV Proposed Aml. Fetl $sae: I v Pro awed AML Actual notion Actual Amount 5M Sou¢ v Pre odd .1 Fwd 5oav: IV Pro mee Amt ac do Amount ARUM Ammunt I1 l m Untift upproi, T¢: I v OM a Units Fctum trolls ARUa unlb A®:pL TypC Iv Pra asetl Vnib q®npl Type; IV Pr .Unib Actual Unlb Actual Vnita WA Grantee Name: City of Newport Beach cv- >v.om z.p Pre eR uame: Sidewalk Curb and Gutter I'm rovements orsal Non: 1DIS era eel a: 2011 -09 UOG cede: ICA62454 NEWPORT BEACH Tuts de ea Vaill provide vnprdvemen6 in the bellowing order: t) Update a Citywide Transition Plan for attessible public Impmvemep6 far ADA impacted pansual and 2) au.nStN[t Curb aale55 romps ...,do. Ends far.... help to provide accesunf ity to peek improvements throughout the City of Newport Send:. CD8G funds win be used for the cgrsuvman of cord... ramps otywlae. tuvtime e priority open 'category City of Newport Reach 3300 Newport Blvd. Newport Beach, CA 92658 LMC Select one: mtaPanure ° explanation: Provide updated plan for ai ass improvements citiwide for ADA impacted persons. National Objective Citation: L C 570.20E(a)(3) Expected Caledonian oat. 6/30/2012 yew O Drsm aaam O saaabk Uay emimnmm[ Fmm:coppv'OmAV :cd'ecevVa'. Wtmme eategona :daa2 Am®opsY II�] Artoy LJ slaamabmly 11L :sea range of hwsFg vulva a rebml u+i sb peras w /spasl: tt I -I 21 I ° 31 _ o u s — W E ° a Adrenal. Type: xx Prepared! v Pre ezed Pro ram Year 1 underwa Pro ram Year 4 onderwa cam lets complete ll Pubk rad4pes w Proposed 10 v P- P. Pro mamYear 2 Unit. Pro ram Year 5 Unaema com lac Comolase Appenpl. ryw: s, Proposed I- Proposal Pro ram Year 3 Underwory Can Plan Period use 2..e Coro lac Proposed Outcome Performance Measure Actual Outcome Att6sdality lorADA Iminstanl pavers by pmvidilq mfaArumrm improvemen6 Persons pNNded Improved or new a¢¢ts OH-1 Availabiliw/AropSS :billty uh2ad amzcma I - ISker9l16vD.iG1I4 h1xSMC5 Naox Cosa I s iwapnf rMa I• 6pds spa: 1- proposed qmL I- Proposed Arnml Actual Amoum P°, E riwd Spiros Is, I Proxissed Amt I v pro aaraa esed Actual Amount as I®nal TYps v Proposed units 1. pro Aauvl esM ARUM ur.- Un O p. AAO:roI. TYM: v Proposed Units Actual proposed Around Units Unit ry WK 1v Proposed Ann. $48,720 1.1 Prepare Aauel Amount gRUVI Amv L rule 5y:cv; v Proposed! Amt. vI Pro ored Actual Amount Actual A E G: Il;;wadaUw7 m l proposed aoV iVni ts Actual M A. ProsnG. T1R. 1- Pro aedDNts I• proposed Attual Vnits Around Wi m rwtl SvRe. I I Proposed Amt v pro Grand Assuan Amount ARUaI Ama ar 0 �' rune 5y2e; - P!a osetl Amt v I Pm a5ad AauvlAmvum gRUVI Ama AA¢pnpl. an TypC: v Pro osetl Units a Pr... sed U ARUa Units Actual Uni ° a Amaral I Pro arm aides I° Pro arse ARUaI unies Anuvl Upa or PoM swam: 1 v Pro osetl Amt I v 1 Pfv ased Al nE Amoum AcdN is Y Rp,.$ I-Ip arm Amt I- Paam Actual Amwnt ARUN P E a Atmmpl r1pe: I - wo arm units propose gc[ual umm Actual urd yrap. app Type; a Pro osetl units -I Pro dam Prtual Units Actuvl Unit Ig Rod Snorts: v IlProposed Amt v� Pra used ARmI Amount ARUM Al y Y run. Sad. 1v Proposed Amt v proposed Actual Amount ARUa A WA2m.,Ty m 1v pro sm UNK Iv Pr osm ACaal Units ARWLUni a Am'pLType; I- Pra orm Units 1° Pro arm Ul Actual UNb ARw1 UN N _ Grantee Name: City of Newport Beach D..'ea name: Utili Assessment District Grant Pro ram nesvi urn: ma5 Pr.'m.: - 2010 -D9 uOG Gee: ICA62454 NEWPORT BEACH nm protect will help to Dravida finaneal assistance to Me Impacted low- and moderaee -mcdme ownerccapants located within modused utihry undergromphng Assessment Districts In the Cry of Newport Beach. In order to reduce Me fine.] bureau of an Assessment District, the OW proposes ..grant program to cover a portion of Me cast of utility hook -ups to owner - occupants within the District(s). Households :hat cannot afford re make Me necessary hook- ups after eddies have been undergroundea will be left without afth nety, therebycreadng a health and safety concern for the City. City expects to assist ] or more low- and moderate- Income owner- ocupants wild underground udllry hook Lootlon: prurim, Need .0 _ City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Select one: ameromrpo, fbuang -I Explanation: Provide financial assistance to low /madeate income households for utility hook -ups which will improve the basic utility services of their homes. National Objective Citation: LMC 570.208(a)(3) ex coped Completion pore: 6/30/20i2 rail "ory O Deem HNwoq OO swoon urng Fmvm.mt O[m chhoomNty eo i.objecii - a ®me(bleach F A,sloppiddAipostiffity ❑p®v °oLty l I hmmwe and, auakoor pmra anowd �- 21 I-, 31 I - in _ m L u N o E A. °u aUnderway :atepwn unas -I Proposed! I w Pro pace Proaam Year 1 urmvpra I Preltram Year d uweawa complete complete 10 rM®9 UM5 %e ezM D M pm eze0 Pro ramYear 2 under a Pro ram Year 5 underway Gm fete ca Ind Proposed - pro dyed Proaam Year 3 Con Plan Period thro.. coca fete Co. Ina Proposed Outcome Performance Measure Actual Outcome Accessibility for the purpose of providing decent housing Housing Units DH -1 Availability /Accessibility Rp0aQ:5N01tllni[ResdrnllaL520.20 I.NaQIxSad Bat amx.gm Mama (bd. I nattlx Cunt W mBG - Proposed Amt. $65,922 - proposed Actual ATOU. Actual Am E pmp soune: I - Proposed Amt I v proposed! Actual Amoum pnum A m tD lusda, unislw Pro.sail unite p I- Pro agora Actual Um. AnuW Uni O d, AAd9ra T1M: I v proposed Units I v Dr. Actual Units A Uni ry furA space: Iv pr. —A -L SD Iv g,rounproddi Actual Amvum Actual A m t Pure SprrQ; I - Dro vsvl AmL I v Pct dash Actual Arni AMaI Amp qAmmW. m type: . Pro .see units s M D see Lid Actual urtih ARUal unit ° E Armada Type: I - Pro os 4 Units M proposed pnual Units Actual Uni m Pun, ponce: Prop ...it Amt. M pro puN Anuvl Amount Actual Am L PoM Source; I v pro vatic Amt. Pro dead AcYUpI Amount Amunl Am AP6ampl. ch Type: - Pro o¢ed Unite M ActupI Units t �mpl. Type: v Pro osed Unhs M Anuvl Uniu pre osed Amt. I v fl:�:i Aetual Anwun[ p v Pre osed Amt. I . I .—ad Amoum n Or PtOnst Type: a pm psM Units I v Pro .sad Pctual Urrits ARU.V Uni 6 Am11.C1 r1R: - Pap duals I-� proposed Ul AM91 Urdrs ARICL Urri p, fold SyrQ: Iv pro Amt M proposed Actual Ampoum Aodi Amid ° PoM W Q: I - Dro vaM AmL M Dry nee Anunl ATOUnI A6pa1 A EA®.nP. m type: I -I cro psm tmtn I•I pro .add Anal unirA Antra uni ° i A®nVt Type: v vie osed Units I v I Actual Urvts Opinion Actual Uni City of Newport Beach CAMP version 2.o HOUSING 5 -Year Strategy: Preserve and improve the existing housing stock and ensure equal access Summary of Specific Annual Objectives specific obl. Cu[comelObjenive A $peLlne Annual dbi eC(IVe9 $Dunes of Punds - Performance Imitators Year Eapectetl Actual percent Number Number Completed DHA Availabil' /Accessibili .of Decent Housing Section 8 Housing Choice Voucher - Maintain existing level of Section 8 housing vouchers and rent - restricted units within the City at risk of conversion to market rate housing. through refinancing. Section 8 Housing Units 2010 400 0% 2011 400 0% In -Lieu Fee 2012 400 0% 2013 400 0% 2014 400 0% MULTI -YEAR GOAL 2000 0 0% DHA (1) Housing Rehabilitation Programs & Utility Connection Programs - Prevent deterioration of propem/ and provide financial assistance for repair. rehabilitation, and utility mdergmund hook ups to low- and moderate- income households. COBS Housing Units 2010 7 0% 2011 5 0% 2012 3 0% 2013 3 0% 2074 3 0% MULTI -YEAR GOAL 21 0 0% Fair Housing Program - Ensure universal access to fair housing choice. within the City. COBS People 2010 200 0% 2011 200 0% 2012 200 0% 2013 200 0% 2014 200 0 %. MULTI -YEAR GOAL 1000 0 0% 2010 -2024 Consolidated Plan Strategies and Spedfic Annual Objetives Appendix "e- 7o City of Newport Beach CPMP version 2.0 HOUSING 5 -Year Strategy: Expand the supply of affordable rental and homeownership housing opportunities Summary of Specific Annual Objectives Spedflc Obi. OutcomelObjecgve q Specific Annual Objectives Sourcesof FUntls Periomnnce Indicators Year EPmw Number Acmal Number Pement OamplNetl DH -2 Affordability-of-Decent Housing Acquisition of Affordability Covenants on Rental Properties - Expand the supply of housing units affordable to low- and moderate -income within the City. In -Lieu Fee Housing Units 2010 0 0% 2011 0 0% 2012 0 0% 2013 22 0% 2014 12 0% MULTI -YEAR GOAL 34 0 0% DH -2 (1) Construction of Multi - Family Affordable Housing Units - Increase supply of housing units affordable to low- and moderate- income households through new construction. Density Bonus Housing Units 2010 0 0% 2011 0 0% Tax Credits 2012 it 0 0% 2013 0 0% State HOME 2014 68 0% MULTI -YEAR GOAL 68 0 0% 2010 -2014 Conwildated Plan Strategies and Specific Annual Objectives Appendix "6" 72 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 Obl. Outcome/Objective p specific Annual ODle�ves Sources of Funds PeAOmunce Indic.1M Year Expected Number Actual Number Pement completed SLA Availability/Kccessibility Availability/Accessibility of Suitable. Living .Environment --- Improve supportive services for elderly 2010 100 0% residents through: CDBG 2011 100 0% - General Senior Programs People 2012 100 0 SL -1 (1) - Information and Referral Services - Food and Essential Services 2013 100 0% 2014 100 0% - Senior Transportation Services MULTI -YEAR GOAL Soo 01 0.0% 2010 -2014 consolidated Plan Strategies and Specific Annual Objectives Appendix '6' �2 City of Newport Beach SPECIAL NEEDS /NON- HOMELESS 5 -Year Strategy: Help persons with special needs live as independently as possible Summary of Specific Annual Objectives CPMP Version 2.0 speciflc out. OutcomelObjedive C apeGlic Annual Objectives Sources of Funds Pertortnance Indicators Year Expected Number Actual Number Percent Completed SLA AvailabilitylAccessibility Availability/Accessibility ofsuitable Living Environment____. Increase services to low- and moderate - income persons with special needs through: - Battered and Abused Spousal Programs - Food and Essential Services - Referral and Case Management Services - Employment Training and Placement of Persons with Disabilities CDBG People 2010 7 0% 2011 7 0% 2012 7 0% 2013 7 0% 2014 7 0 MULTI -YEAR GOAL 35 0 0.0% SLA(2) Upgrade Public Facilities with ADA Improvements - Increase accessibility of persons with disabilities to public facilities. CDBG Public Facilities 2010 0% 2011 0% 2012 1 0% 2013 1 0% 2014 1 0% MULTI -YEAR GOAL 2 0 0.0% Substance Abuse Rehabilitation Services- Increase supportive services for persons suffering from substance abuse. CDBG People 2010 8 0% 2011 8 2012 8 2013 8 E0100//-j 2014 8 MULTI -YEAR GOAL 40 0 2010 -2014 Consolidated Plan Strategies and Specinc Annual Objecuves Appendix "9" 73 City of Newport Beach CPMP Version 2.0 HOMELESS AND HIV /AIDS 5 -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 HIVIAIDS Summary of Specific Annual Objectives specific obl. OutcomelObjective W Specific Annual Objectives Solutes o<Funds Perlprmance Indicators Year Expected Number Actual Percent Number completed SL -1 AvailabilitylAccessibility of Suitable Living ,Environment -' Preserve the supply of emergency and transitional housing, increase supportive services for persons 2010 100 0% living with HIVIAIDS, and improve services for CDBG homeless persons and prevent those al -risk of 2011 100 0% homelessness through: 2012 100 0% - Homeless Prevention Programs People SL -1(3) - Transitional Housing - Emergency Shelter to Victims of Domestic Violence 2013 100 0% - Transitional Housing and Support Services for Victims of Domestic Violence 2014 100 0% - Case Management and Other Services MULTI -YEAR GOAL 500 0 0.0% 2010 -2014 consolidated Plan S"Legies and Specific Annual Objectives Appendix -B' 7-i- City of Newport Beach PUBLIC SERVICES 5 -Year Strategy: Contribute to the well -being of individuals, families, and neighborhoods Summary of Specific Annual Objectives CPMP Version 2.0 spe ific out. Outconud0biWive X Sped!¢ Annual Objectives ce of Sours Funds Performance ladiwtors Year Expected Number Anual Number Percent completed SL -1: Availabili /Accessibili ofSuitabletLivin Environment. SL -1 (4) Provide and improve public services to low- and moderate - income persons through: - General Public Services - Employment and Other Training Programs - Food and Essential Services - Family Services - Health Services CDBG People 2010 100 0% 2011 100 0% 2012 100 0% 2073 100 0% 2014 100 0% MULTI -YEAR GOAL 500 0 0.0% 2010 -2014 Consolidated Plan S[mtegies and Specific Annual Objectives Appendix -B" �$ City of Newport Beach CPMP Version 2.0 PUBLIC FACILITIES 5 -Year Strategy: Provide access to local public facilities that contribute to community and neighborhood development Summary of Specific Annual Objectives specKC owcomeobjenive Obj.# Spc Annual Objectives erN Sources of Funds I Performance Indicators I Year I Expected Number I Actual Number Percent Completed - SL:3 Sustainabili y.of- Suitatite Livin Environment SL -3 (1) Repayment Section 108 Loan I Balboa Village Improvements - Preserve community infrastructure in order to eliminate blight, blighting influences, and prevent deterioration of property. The improvements will stimulate future economic investments and create a suitable living environment. CDBG Public Facility 2010 1 0 % P011 1 0% 2012 1 c 0/, 2013 1 0% 2014 1 0% MULTI -YEAR GOAL 5 0 0.0% 2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "8" 7L6 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 APPENDIX C: PROOF OF PUBLIC NOTICES AND PUBLIC COMMENTS 77 City of Newport Beach Notice of Funding Availability (NOFA) Inviting Applications for the Community Development Block Grant (CDBG) Program For Fiscal Year 2011 -2012 APPLICATIONS WILL BE AVAILABLE DECEMBER 11TH, 2010 THROUGH JANUARY 19TH, 2011 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 2011 -2012. 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 PUBLIC SERVICES: 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 .newportbeachca.00v /index.aspx ?page =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 19, 2011 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. Wf PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a. resider,! of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NE, ^!'PORT BEACH /COSTA MESA DAILY PILOT. which was adjudged a newspaper of general circulation on September 25, 1-061. case A6214, and June 11. 1963. case A24831, for the City of Costa Mesa.. County of Orange. and the State of CalHornia. Attached to this Affidavit is a true and complete copy as tvas printed and published on the lollovaing clate(s): December 11, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on December 29. 2010 at Costa Mesa. California — (11-'- LaNN1NG DEFQ iVf JAN 0 3 2010 C1T OF NEWPORT DEACE l\ City of - Newport. Beach Notice of Funding Availability, (NOFA) Inviting Applications for the Community Development Block Grant (CDBG) Program For Fiscal Year 2011 -2012 c+^ APPLICATIONS WILL BE AVAILABLE DECEMBER 11- 2010 T "ROUGH JANUARY 19", 2011 The Federal Hcusino_ and Community D=velopnent Act of 1974; as amended, provides Federal Community Development Block Grant (CDBG) funds to the City of Newport Beach for protects 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 2011- 2012. 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 PUBLIC SERVICES: Above all, applications must demonstrate that the service will principally benefit persons of low - and moderate - income (households earning less than So% 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 ww),v.newportbeachea.gov/ index.aspx ?page =1126 or the City of Newport Beach, Economic Development Division, 3300 Newport Blvd., Newport Beach. Additionally, applications can be obtained by contacting Kathlyn until 12:00 p.m. on Wednesday. January 19; 2011 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. 80 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 APPENDIX D: MAP (NEWPORT BEACH ELIGIBLE AREAS) m ,a r t All "fi! O .e •j+ i a .f" A a T ��K U IIIL` N m O 3 fj�l� I m =_L O -- U y \ / 8 39 yE f � e93:� : 9As9s _::99: "c3A3: "s::!:3C:9::::::e F38AAAA.v S:xasAS33:BA 9 A sl 3 e ° 11 =E t�:1 €•. cc ,99€19ag:;:•.::;z, !3 3 €�!_¢� {j1' € €:!E �1 s�.€11i w•`- 3: €W!"..i 31311 ti9i HI ill. ! f!77 i41` i19 �9:S�F,fA61�e11e °s 61tea1!( Ii1i33Mii3;�41����idiPlff��Ib�9iFP: f el�ii z 39Y fe � !6 1 1 199!:191 °!;: yjI f � e93:� : 9As9s _::99: "c3A3: "s::!:3C:9::::::e F38AAAA.v S:xasAS33:BA 9 ° t�:1 €•. cc ,99€19ag:;:•.::;z, !3 3 €�!_¢� {j1' € €:!E �1 s�.€11i w•`- 3: €W!"..i 31311 ti9i HI ill. ! f!77 i41` i19 �9:S�F,fA61�e11e °s 61tea1!( Ii1i33Mii3;�41����idiPlff��Ib�9iFP: 22 "n C 1 BAY iSLE r S t :r G' I Tr , T_L SAL50.A ISLAND 6 o2P C90A � y P)Crt Assessment District 100 13th St1Ea(b3a EIvdJA.dams SUNdest Ocean Front „Assessment District 103 ne G Su'BaIL•aa BK,d. E;Channei Rd_Gran atvd. 1\�01 r�'' piyq ° Proposed Underground Assessment & Utiiiity Distrito ®" M- This Page Intentionally Left Blank 24 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2011 -2012 APPENDIX E: ACTION PLAN CHECKLIST 25 2011 -2012 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 Pagels 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 page /s 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 page /s 4. Are activities proposed eligible and meet program service targets [if not identify on attachment]? Yes No Verification found on page /s EXPENDITURES LIMITS 1. Has the grantee exceeded the 20% administrative cap for CDBG? Yes No N/A 2. Has the grantee exceeded the 15% Public Service cap for CDBG? Yes No N/A 3. Has the grantee exceeded the 10% Administrative cap for HOME? Yes No N/A 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 N/A 6. Has the grantee exceeded the30% Homeless Prevention cap for ESG? Yes No N/A 7. Has the grantee exceeded the 10% Operations cap for ESG? Yes No N/A i 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 NIA GEOGRAPHIC DISTRIBUTION 91.220(8 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 N/A 4. Did the grantee estimate the percentage of funds it plans to dedicate to target areas? Yes No AFFORDABLE HOUSING GOALS 91.220(0) 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) 1. Does the action plan include actions that address the following, if applicable: Yes No N/A • Needs of public housing, • Public housing improvements and resident initiatives, assist troubled public housing agencies. HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES 91.2200) 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 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 I 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 PROGRAM SPECIFIC REQUIREMENTS 91.22011) 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 N/A a) Did grantee (PJ) describe other forms of investments? Yes No N/A 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 N/A 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 N/A 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 N/A 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? Yes No f) Did the jurisdiction describe the policy and procedures it will follow to affirmatively market housing containing five or more HOME - assisted units? Yes No 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 fines, underwriters, accountants, and providers of legal services, in all contracts, entered into by the participating jurisdiction with such persons or entities, public and private, in order to facilitate the activities of the participating jurisdiction to provide affordable housing under the HOME program of any other Federal housing law applicable to such jurisdiction? Yes No 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 No 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? Yes No 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? Yes No D. HOPWA NIA 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? Yes No 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)? Yes No MONITORNG 91.230 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. 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: y q&&1) CDBG PUBLIC SERVICES AGREEMENT Between the City of Newport Beach and Families Forward THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement ") is entered into this 151 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, FAMILIES FORWARD, 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 TRANSITIONAL HOUSING PROGRAM, which assists struggling families' transitions from crisis to stability and self sufficiency (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 TEN THOUSAND DOLLARS AND 00/100 ($10,000.00), 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: 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. Compensation. A. Upon compliance with the reporting requirements outlined in Section 6 below, City shall reimburse Subrecipient an amount not to exceed TEN THOUSAND DOLLARS 00/100 ($10,000.00), 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. 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 or applicant 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. J. 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. 0 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 5 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 6 incurred by the City in conducting any audit at the location where the records and books of account are maintained. 8. Audit Exceptions. Sub recipient 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. 7 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. Subrecipient 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 �Lz� 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 E9 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 subconsultantto 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. 10 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. 15. 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. 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, Sub recipient 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 cooperative agreement. 12 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. C ity: Subrecipient: City of Newport Beach Attn: Kathlyn Bowden, Economic Dev. Coordinator Planning Department 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 FAMILIES FORWARD Attn: Margie Wakeham, Executive Director 9221 Irvine Blvd. Irvine. CA 92618 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, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. 13 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. Assianment and Subcontractin 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. 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 14 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 Agreement shall govern. 15 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 : tv Leonie Mulvihill, Assistant City Attorney City of Newport Beach ATTEST: "- eilani Brown, City Clerk m u ���FOi�r'AP Exhibit A: Scope of Services CITY OF NEWPORT BEACH A Municipal Corporation 1117 By: L/ Keith Curry, Mayor SUBRECIPIENT: Families Forward 93 (Corpo Titl- 8221'd Print Name: By: L"-' 4�"" (Financial Officer) Title: C� Print Name: [END OF SIGNATURES] 17 Exhibit A Exhibit A: Paqe 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 ifl fail to comply with the conditions listed, the U.S. Department of llousing and Urban Development (IIUD) and /or the City may require the repayment ofthe funds received and/or forfeit receiving future Community Development Block Grant (CDBG) funds. n Margie Wat qm Date Executive Di for 21 I CITY OF NEWPORT BEACH � � APR 27 qmn CITY COUNCIL STAFF REPORT Agenda Item No. S° Aprj127, 010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Kathlyn Bowden, Economic Development Coordinator 949- 644 -3230/ kbowden (a)city.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. 1106 - C'M 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 Funding Availability 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. grantsfor Fiseal:Year 2010 72011, 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 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 7 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 '$3,85;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. Fundince Rationale CDBG regulations limit the amount of funding that can be used for public service activities to fifteen percent (15 %) of the program years entitlement grant. Additionally, no more than twenty percent (20 %) of the program years grant may be obligated for planning and administrative costs. The remaining amount (65 %) can then be allocated to support other projects. 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 4"' 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 a 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. 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. `.I NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK OF THE CITY OF NEWPORT BEACH !'n 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 04/19/10 i r 1. EXECUTIVE SUMMARY Overviews 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. I"h "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. k 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: PundsrAva�ladl'e for /2010 =2011 Actron'_P,,Ian Projects 2010 -201.1 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 20102011 PAGE 1.1 REVISED 04119/10 1-1 1. EXECUTIVE SUMMARY citizens and to consider and approve the City's 2010 -2011 One -Year Action Plan. The public hearing comment period ran from March 20, 2010 to April 27, 2010. No g— - c omrnentsrwererrecetved /from.Wub cllcl 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 public hearing was held on April 27, 2010 before the City Council. A total of six (6p,publlc service agenciess•o,- ries(1) ihoiasing provider and oe "(1t). CI Degartment,'were present= Agencies in attendance were given an opportunity to present their program and make a formal request for the funding of their program. There were no- addition la ocalt oc mrneiits 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. Consuliation 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: . P ORI EEDCA !1 1 S 0 0- U Do G 2 0- 0 � G N 1 •AG Housin $ 77107 20% Serior, Servlees •.. Special Needs /Non- Homeless $ 14,600 3.5% HomAl`ess.andFaiG /AIDS = 10;000 7 .2;55b': Public Services $ 9 000 2% ' PUbUc,Faeilities(Infrastruclure' rf- .' 5199, 46 _ 52% Administration $ 60,285 15% 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: ITT OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 EVISED 04 119/10 to EXECUTIVE SUMMARY SENIOR SERVICES 5 Year Stra»egyx $ BN .^ t Y Lt; Provide grua�irty supportive ieyrvr es�so iJerlyrresrd nfs *can bv�e as rnd "ependrntly as posssib e OUtCOf a /ObiQC ,a� Performances Frve Yeah F, IyEt !: SiatelnenfsI irT Pyla ned Actrvitiesl' Indicator ;by'Goa1s f2D1,0 , { < Z '* "a1i Battered and Abused Spousal General Senior Programs Programs Information and Referral Food & Essential Services Accessibility /Suitable Programs People 500 100 Living Environments Services Food and Essential Services Employment Training and Senior Transportation Services placement for persons with SPECIAL NEEDS /NON - HOMELESS 15 S'` te9Y �f 'sou . �l elp persons w special n s hveiaa -,m epende1i a possible 1} �7' "Z- !A_ Td T W" h Li d 06 "ectivor ww 'yn'cz's �+ y' s"Performa�cde, Ff ✓eYea� ��v~ Planned 2040 - ". es - rr;Intlrc`ator'pR�. n( s+ Statemenfss ;by'Goa1s ,. a. rGiv]] s 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 Public Facilities 2 0 ADA Improvements Substance Abuse Rehabilitation People 40 S Services CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -5 REVISED 04/19/10 e) I 1 . EXECUTIVE SUMMARY PUBLIC FACILITIES l'rov�de access ^toFlgcat public fac�I� ties thaNCO`.riinbute to;c0mmunity anti m neighborhbod degeiopent n ; - .. -� Outc4rrle/0bjective _. w Planned1ACtrvlbes Performance Five =Year, 2010' _: Statements' - -' , - Intlicaor. :Goals Sustainability / Suitable Section 108 Loan Repayment - Living Environments Balboa Village Improvements Public Facilities 5 1 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 PAGE 1.7 REVISED 04/19/10 n0 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 Chapter 2. STRATEGIC PLAN n r 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 REVISED 09119110 n -1 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 20102011 PAGE 24 REVISED 00/19/10 n 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: 0 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: 0 Serving People In Need Substance Abuse Rehabilitation Program $10,000 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2A REVISED 04/19/10 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 "at -risk" 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: 0 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 HIV /AIDS 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 ANNUM ACTION PLAN FOR PROGRAM YEAR 2010 -2011 REVISED 04/19/10 PAGE 2-S 7 �. 2. STRATEGIC PLANT 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 R EVISEO 04/19110 n_C 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 u6til 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. O Monitor the lead- poisoning data maintained by the Orange County Department of Health Services. 0 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 PAG REVISED 04/19110 n I 2. STRATEGIC PLAN 0 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. 0 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.. 0 Development of a countywide 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 meet. -ngs of the Continuum of Care Forum where providers and fenders 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 PAGE 24• RE VISE 04/19/10 171, 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. ,F. � -; -G -_ • ' -gig- A O 2010 -2011 CDBG Entitlement $385,189 Unallocated CDBG Funds $5,149 CDBG Program Income $0 All other forms of CDBG $0 TOTAL $390,338 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 awarded CDBG -R and Energy Efficiency and Conservation Block Grant (EECBG) furids 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 • 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 04/18110 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 04/10/10 r6 ✓.^l �� fa ?�� \�� VU/DA '"e,.. �'" r 1 S L L , HARBOR �,_._ ISLAND i COLLIN Q— LIDO BAY ISLAND a so— ISLE ISLAND IZZ EWPOR 17 DUNES r vZ. W 1 gBALBOA PIER r SSeSsment Distract 100 3th St. /Balboa Blvd. /Adams St./West-Ocean Front BALBOA ISLAND 1'x:3 THE Blvd. WEDGE 060— Proposed Underground 0 1,000 2.000 Assessment & Utllllty Districts Feet b w y r 3 l l t \� 4 1 40 k a 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 Home Delivered Meals $20,000 Fair Housing Council Fair Housing Services $11,185 Families Forward Transitional Housing Program $10,000 Human-Options Community Resources Center $4,600 Serving People In Need Substance Abuse Rehabilitation $10,000 Share Our Selves SOS Free Medical and Dental Clinics $9,000 City of Newport Beach Utility Assessment District Grant $65,922' City of Newport Beach 108 Loan Repayment $199,346 City of Newport Beach CDBG Administration $60,285 TOTAL USES $390,338 'Project budget amount $60,773 plus Unallocated CDBG Funds $5,149. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 5 -1 REVISED 04/19/10 Ala Grantee Name: City of Newport Beach P.e caB c Fa%R.o in Council O.C.:'Fair NYY510 'Services.: r. oesmt lion: toss vro.a: 2010-02 uos coat CA62454 NEWPORT BEACH .. - .. The - project will ' provide fair housing edutation,.counseling, 2ndienFOrcernentservlde5 to current or potential- Newport Beach: residents, coupled- with labdlord) tenant counseing _ services. These services impact and benefit target CDBG -areas and the ectremelY- low •to moderate Income population. Location: -_PS t '< f Wrtiodele9 Counia of Orage . 201 sv 16'6ra dwa Santa Nd x+192]01 Select one. .. ltam- n.U. dmz- 9 rm._a_. -' EYpldna4M: lb,eected COmletlen oats POw- mcorne and special needs persons often fiaveiimited resources to address any Iandlordiftenant concerns, or other Issues that - affect their housing.. Providing access to fair housing services Improves housing choice, ensures decent housing and a more suitable living environment. 3p%Zp3i 'BpoarxmW:g ��En"jO101�' out.. cemides ElAwdadut /A�wdory Ouammy ❑5� uELry I ln[zma�mlb?tlemWlPrip v z p 3 9 _ m mr,,,e p Pro sed 200 mwrpe p o� sed Program Yearl Umerwa comvlem Pro ram.Year4 Mmlorea cnm etc ° w — m E mwape v pro 'em! mwpe D vro end Program Year 2 -. um.r sa Program Year 5 tmdm my cAm let. Complete A. 0.. auneerora to P.O. 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Inns m- ux CA6a 2454 NEWPORT BEAf71 e Tlanadonel Ndp-og program asl5ls homtle¢ famdi¢c to tegalnstabilny;aM sdf S- ul5dency. The tarp& pmatation Is homeles harmLeS rnN m til.en Tile pmgrearprw'Tdesierse ma^a9emen[ anp suppmtne - sery L. Laui d-& ie3dM m Famllc: Fa tlaltst .-mi hwvn9 u._rfs &D fuhg ;willbe use [p pay ^ fora portion of the salary ufa ase V rawaa' i 9221 T Y22 SBIBet One: M-5&.is -' Ex ceea to Boon oats P�ov de neededlse cis for LAY /mM lncomeTperpom oy:pleureing the. sepplyTOf emergency ana'tmnse naluntsand thnse'at AskaF homelenest' Nat, nal)Obteeb ePtaI n: p C SID DBC_a)S2)0)(n) t ^) y.P/ v • ",l i -- 53012e11, tom, PDovd�walq aartem u+N9 Br+tnnnit OfaamkppvmnM/ D YU .• taetmnja Cat yorlm. 1-- ticrrnhtrdhm hdr9 E7Aw?a�ebfA�te�mW 2 ytP�tliemtloecblwolredbmreyss 3 y OsabAraslr. ._ a mtc pev '' Pre sea - . -,t6o mrvpa v E Pr ragiYear,1' =-i Pro 2rtpYeaz.4.`) tom _ �' eempem m o ° o E rm.µiypc V C. see "� to P.O. U Pre see ; ?' 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J ..'T`.. q®nttyR- Pre aed Ury ACrralUMs m '- AG Utats -_. e d AtmrP.Tke y Pn sea Uttib <mnt Ttpe - Aa watt -a� acWal Urias AL4rd Unlb : . 2010 -2011 Actlon Plan Revlsed 04 -19 -10 C, >v vA Grantee Name: City of Newport Beach Pro'eC uamc SP -rvin Peo twin Need SPIN :Substance Abuse Treiym t.Pr ram. SARP rots Pro eta >: 2010 -06 uoecoae: ICA62454NEWPORTBEAOI SARP provides access to recovery Programs for homeless and:low- income individuals Who cannot otherwise afford treatment. Case management includes: counseling, supplemental employment services, medical assistance, and legal_, assistance.. CDBG funds will beused to pay for operational cost. - Loa6•n: -'T: g og."k In nato(splu) 1511:bilmrs,," -IS Canto M., CA 92626 Select one: e POnatlo.: Ey ad Completion Date: Homeless and low-income penple, often do no[ have sulndent income to Pzrtiopate in substance abuse treatment pmgmms to help . in their recovery, SARP inoeasee the ..s to such programs for homEles and low -income persons suffering from siibstarm, abuse. National 0153ective Citation: t C 620.208(a)(:)(i)(A)B(B) W3W2011. ODV VLtMLay B Somatic thong imnaaa ew _ tiutmmc catcgonn OM,moly /A�Aadgy ❑Adolmdl1 OS'Sn"a ft 1 alwp•odmm�raw.boaEmreParars ° 3 p e m m ' CIPUyde v Pro osatl a mwgde v Proposed pro ram Pearl ufdefwa Pro ram Year4 urge wa complete compete E N m n of mlape v', Na posed I Impanon 1,1 propouni - �I_PT0 `ram;Yeau2';. Unee.wa coca etc Pro lamlYear.6 udderwa coca ate O. u at Q '.' No ma Y q:mrtL l)ye O ,. 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Amount Actual Amount m rapc V utl VNb Aamp Too, Pra sed Units 'Unib aeluat Urub p d Urtib /®rp,'ryR O Pro sM UNb al Unib A.W Un2s ° QB V, FroposedAnno. nrd5 s, Pry and AmL Actum Amount i Actual Amount Ctla O Pro sca Amt rlsd�rd` 9. Pm used AmL Acuai Amount _ Actual Amount E on mRye Propamid Units Pro sod Unib A.Units Actual Units O d Amnt l)ya, �°�, . Pro sod UNb AmrrL lyye V, Proposed Unib AauN Unks Actual UNb m laBC Propinued A IL Actual Amow[ nrd car¢ p =d Amt Actual Amount in E Ctlp V Pro sell Amt i.. nrdgyvr p Pro sod Amt. Actual Amount Actual Amount o O11Fpe O, Pry sod UNts _ v ,a Aauonpl. y °, Pfmaoomftinfts Actual Units KYU l units O d A[mtti Tt{e .° Pr sad UNb gOarrL Tylb O Pra zed UNts AGUVt Unib i.. Actual U.fts 2010 -2011 Action Plan Revised 04 -19 -10 r_ n Grantee Name: City of Newport Beach t i. rmmo Section 108:LOan ik - enIt oesai dour cos Pro'eu »: 301W- uoc� BB. ICA62454 NEWPORT BEACH Pgnds iQl be used to: repay the Clty'3 S Uon IN Loan. The loan was wed W paNally fund public improveineuts to the Balboa Target Area totaling $8 mlllron. The scope of werk IMludes the Balboa Village. Pedcsb ni aid'Saeetsope Plan; Sbeel Improvement to ealh. Blvd., Per Par1:Wg -tit, Per Plaza, and Lot mnnttting aoxss to Main Street. l tlem [.S4 &`TJA�1'• "' heedeMaaeF7.t4Fdr tTU- CP itiK Tma62800.1 Select one: 0 •. -.. Eeml Uom ea ram lotion oats Ta ",,electgieas 0den als -aa'Vp ieent hiaelurlaluinaTo,WeCte the tiDg funds to lake- nosand . impnitluMer W Wri Large Ne6,yThe rDBc,ehmto makeineovary Improvmonk WNe Wrgetareas:Toe improvements Ang m,minniMUre emnomrc mvcstmpnt and pmvWGa morc:wiWNe run genvimnmen[. National Obje,,tive Citation: WC 570.208(a)(1) 6/3 012 011 00 wuvM ASuNbli UVx�g Fmyorvinart� O CrAmcOp0wlanM, 11npwape9y / ".omsoroW al•us-mpumntivt.vi�ePV• ,o ovtmnre Gaepones OA'¢= lUHYJl tiLY CladnaamM ,]$ iul my - 2 TnPOL4�Y /6c�OOL�'tlru lOrdf S!a/ b.vmre Pem¢ V _. -... - ._._- ._...._._.. _ ,..___ .,..�.. 3 v. 9 e o a sspreafOOlsia Y e pro zee '1 ssPibie v a P A:d _pro ear l ueea...a Pr rm Year u tote o o E E LLwscaY v P Y 2 .m ram ear. 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Pry uNts ' - �' Aom{Lrype V - A--N Amdmt i,impmou, Units - - A. urdb AcWal unM - - d A®nL lwc Pre and Unkz p'>tsrIL TYP- p,. tAetual Pry sW UNts A..I Man _'i.- Unhs Y "' m QH'OO Pro sed Amt ••• RNraz¢ R Pro sea Amt ' .�. AcN.M ouninl Pro sea AmL ruzl$r¢ V AcN.MAmaunt Pro tt Amt. Pud�zx Actual Amount A.M Amoom ALLN4fiaTaa,Y 01 dAM.LriP Pre sod Un. Actual unho A[ l Units Pro setl Units v. Pro,iosed Wins �' gm.nl. TyrC - A.131 Unns Acsual Unito, d Qg' Ov, RO sect AmL rysL rice V Pf0 sect ATL Aeoml Amount Pro sWAmi ALtual Amount gzUSa.¢ OV, Pro sed Ami ly,lsu, 4 ..I Amount : ACWal Amount E O P 11 Al5a WO36eP Pro sed ti K A.W Units A®ooi,w, -: Pmoinmi, Will. - ACNal Vn. O p gmrp.lwe , .. a Aural Units - w Y 2 ro RO UN6 ' Aural Units in QO(' OV, Pro Amt {yzl mz¢ 9 Pro sect AmL A ural Amount Aiamal Amount p nzrlyyrc V Pro AML Actual Amount nnd9zs¢ V i ::,. Propintol AmL Actual Amount E P ssR nojja;oV Pminood Unlb Amsal Units A®+IL T1'F V "s P sea units Aural UNts M1,lm,pt type sea Urdb A®rrt Tune v P Urdtf JAOnol Units 2010 -2011 Action Plan Revised 04 -19 -10 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 APPENDICES r--1 �¢�id�r,EN r O,cy0 -zoo, ��2 e % DEVt 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. $F _424 t �• =�= Complete the fillable fields (blue cells) in the table below. The other items are pre - filled with values from the Grantee Information Worksheet Date:Submitted - .5.14 20:10 6- 10 -MC06 -0546 - . _t,T peiofrSUbin' siont -'4 l! t2* D ate Received ti state -. tale'Idend ier n ' "' " ate ik Ceived'ti HUD ° �tlentifie ederal I ti _ - ction FNNo -F° ' "� , Y"- Construcaon- ` nstNCtion ,. Nort6onafructioh "_ City of Newport Beach LOG Code: CA62454 NEWPORT BEACH 300 Newport Boulevard DUNS # 060752482 Organizational Unit: t Beach alifomia Department 9 oun U.S.A. ivision: Economic Develo ment Division ' -oun :Oran e F2658-4891 075 Pro ram Year Start Date MWDD : 07/1 rE "' ' ` � n ecr tyPther,,TypetfinerovemmenC ,IT s City gotdil �.._, Housiii and.Urtiast Develo imeni of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding ommun tk, Dbqef opme ,Eloc IFG rant (FT rn r 14 218'Entitlement G�anl x " , - "4,t j DBG1Pioje6tTities` `,FY2010r201 Ac6oniPlari Description ofAreas`$ffecled by CGJBGgPro /ect(s) 14.218.Communi Develo ment.Block ..Grdnt:� 'll DBGGrantAmount +$385',189 Additfonal'HUD Grant( s) ascnba .. averaged - - 0 dditional, Federal,Funds Leveraged $0. _ ,.dditional State Funds'Leveraged'$0 r: Locally Leveraged Funds $0 - _ rantee Funds Leveraged $0° - ntigpated Program Income $f7 her (Describe) N/A - otal Funds Leveraged for CDBG -based Projects) $0 - - ome InvestmenNP Ofn-6ishipsIP,_rogram 4 `r ;"r�t'"*t-:: 14.239 HOME Ir OME Project Titles N/A Description of Areas Affected by'HOME Projects) HOME Grant Amount dditione[ HUD. Grangs) Describe - - evera ed. - Additional Federal Funds Leveraged Additional State Funds Leveraged Locally'Leveraged Funds Grantee Funds Leveraged SF 424 Page 1 Version 2.0 lrA �,VkENI'OF ywQ *��� * lil a CPMP Non -State Grantee Hill oQz Certifications DEVE� 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. ❑�lfhs �er�tf 'i�ca*tl�on'does�nottapply *'' ,�';c� � �( 1ti Tfi{ s- certfficatlon'�IS "apfiphcab�e:,, ..� tj .•,p ga -f?"(b � �,= 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; 5. 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 r,I City of Newport Beach Or''��Is certfficatlon Al ap`plyl, r rs 5 ,I', ©kkrfit�j�t,,6 ,� `.'IB[t5°certtficatton, ts�appticable '"'� 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) 200 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 f_a City of Newport Beach APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 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 Act, 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 (dame Street City County State Zip Newport Beach City Hall 3300 Newport Blvd Newport Beach Orange CA 92663 7. 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 Version 2.0 1.Zf CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 APPENDIX B: PROJECT SUMMARIES (CPMP EXCEL TABLES ,_--) City of Newport Beach CPMP Version 2.0 HOUSING 5 -Year Strategy: Expand the supply of affordable rental and homeownership housing opportunities Summary of Specific Annual Objectives Specific Obj. Outcome /Objective # Specific Annual Objectives Sources of Funds =Performance Indicators Year Expected Number Actual Number Percent Completed 41Dfi°-2 ni'+Affo d6b li`_ofRecart`t R6Ugin , y1u1 Acquisition of Affordability Covenants on Rental`pfoperties - Expand the supply of housing units affordable to low- and moderate - income within'the.City. in -Lieu Fee: ousin ts H g4 U U ' ni is ;': _ 20101 01 0% 2011 0 0% o . `. 2012 0 0% 2013 22 0% 2014 12 0% MULTI -YEAR GOAL 34 0 0% Construct ion- of'MUlti- Family Affordable Hou'sing`Units - Increase supply of housing, units affordable to low- and moderate- income households,through new construction. Qety Bonus "; HoUSi'ng Units _ -_ _ ..; 2010 0 0% 2011 0 0% TaxiCredits 2012 0. 0% 2013 0 0% State HOM, E " 2014 68 , 0% MULTI -YEAR GO AL fib 01 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 Summary of Specific Annual Objectives CPMP Version 2.0 Specific Obj. Outcome /Objective * Sources of Funds Performance Indicators Year Expected Actual Number Number Percent Completed Specific Annual Objectives �IfS��O!�iCATValtalil(' 'j9Fe'ess(tiflf' o`ft5tiu1taMloll!rfili� nGlr.�'erit SIP .an mo mcomea Ineetls 2010 7 0% persons wth special h oughrate CDV G B 2011 7,_ 0% Battered and Hbused Spousal Programs $ People-' 2012 7 0% Food.and Essential Services_ 'R eferral aril Case m °Manageent Services... _ Employment Training and Placement of ' Persons withiD isabilfties _ ..- ` 2013 7 0% s r .y> 2014 7 0% MULTI-YEAR GOAL 35 0 0.0% SL -1 (2) Upgrade Public +Facilities w th ADA Improvements ° Increase" accessibdity�ot'persons with'disabilihes?to, pu611c CDBG rL } e Public,Fsacilit es 2010 0% 2011 0% ' . 2012 0% 2013 _ 1 0% 2014 � .1�:_ > za`_: =' 0% MULTI -YEAR GOAL = =12 0 0.0% Sukstance. Atiyse `Rehapi {itation,SerVices " -- Increase supportive sery ces forpersons'suffering from substance abuse. CD BG " -'" - s' " " Peopl -e' 2010: '_ ._::8 0% 2011 8 0% 2012 8 0% 2013 8 0% 2014 81 0% ' x MULTI -YEAR GOAL 40 0 0.0% 2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "8" City of Newport Beach CPMP version 2.0 PUBLIC SERVICES 5 -Year Strategy: Contribute to the well -being of individuals, families, and neighborhoods Summary of Specific Annual Objectives Specific Obj. OutcomelObjective Expected Actual Percent Sources of Funds Performance Indicators # Year Number Number Completed Specific Annual Objectives _ ° 3ihSLxlQr4tlA :v "a`ilal3{I[t'IAa¢a's5tbili' of,5Uifabl�L•9.:in iEfiS.l[o. �'" Provide andiirnIjfove public Servides €to low V""-. 2010 1`00 0% andtmoderateAricome:persons through. CDBG , I" Public °Services " 2011 100. - 0% Employment!and Other:Tralning Prdgrams People !Y t 't 2012 1'00 0% SLA (4) " Food and Essential e rvices; Family Services= 2013 100 0% - Health;:Sery ldes ' 2014 -100. 0% MULTI -YEAR GOAL 500 0 0.0% 2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B" CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 APPENDIX Ce PROOF OF PUBLIC NOTICES AND (PUBLIC COMMENTS City of Newport Beach Notice of Funding Availability (N®FA) 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 pronfote' 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'recelving approximately ^$370,000 in CD8G funds for .fiscal:ybO2010 -2011. ' NQTICE'IS HEREBY :GIVEN that the City of Newport Beach Is currently accepting applications for eligible public services.. The application' maybe 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 PUBLIC SERVICES: Above all, applications must: demonstrate that theservioe will principally benefit persons of I'ow- and moderate- income (households earring less than 80% of Orange County's median income). Types of eligible services include ba'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: newoortheachea .00v /index.asex?oaae =1126 OF 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 Ajithwrizaf ft- NbfiA Advmis Lq of doaW by of 6 Suf rim Cool of OmZm Coumty, A-61,14. RECEIVED.. PROOF OF PUBLICAwfog 6 AN DFfrE � rrrc CITY QLm STATE OF CALIFORNIA) M U %Sv�-M-Egl COUNTY OF ORANGE I am a Citizen of the United -States and. d residdnt of the Cbu�htX aforesajq; I atn - over the age of eighteen ear� and I t36 0�v party.to or interested in the entitidd, .,,,matter.._1l am a principal clerk'of' the. NEWPORT BEACH - COSTA 'MESA DAILY -PILOT, a newspaper of. geniaraIr circulation- printed and published.-in the City of -Costa Wsa, :County,- of 'Orange, State 6f Carifomid, and ftat attached INcifice is a true and compliqtO copy as 1was printed and published on the following dates March 20,. 2010. ('declare, Linder pena-Ity. of perjury, that the iotegoing is true and correct. Executed on March 22,2010at Costa -Mesa, California_ Signature I^ rl ! 1 �•.� -. _ �s% _,- LJ - .(,!•I .��- -ri �\` '..ell(.,. i'�. ��>, lT 7f-", !_ %.� >.w.Ae _ City of Newport Beach "l/ _- ,S�• , � c y'� � y —7 '"_'� t'_'f t+ „�., � r ����.TL�I- / /, � � . :' t �`. �, ,f / ti % � 4ri �`l�•a' �T�� C_ �w.a�d. f')� � . Ll- P � \ I t L =7 �!I r K y; ! ti �yt'e 11a� O :_ �.r• -. ,it """,a:' -y rJ�� VI u�r y IJ I �e ill - , "\' Y �pe/..� — r fL' \�. _ lW r ,• 4� rj J `� a' _ n� assz p' _l l• m c ma oe . ^ � � l' ��y -- �wessm se�,m ` 9Y.1 GC�if` 9MGC 0 N �✓ � ®ri�e»oe'7 vzsa: y F PACIFIC n\C n i\ � �i �v S• a 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(D1 1. Does the action plan contain a summary of priorities and specific annual during the program year? Yes No Verification found on page /s 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 page /s 4. Are activities proposed eligible and meet program service targets [if not identify on attachment]? Yes No Verification found on page /s EXPENDITURES LIMITS 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 N/A 3. Has the grantee exceeded the 10% Administrative cap for HOME? Yes No N/A 4. Has the grantee exceeded the 15% CHDO set -aside for HOME? Yes No NIA 5. Has the grantee exceeded the 30% Essential Services cap for ESG? Yes No N/A 6. Has the grantee exceeded the30% Homeless Prevention cap for ESG? Yes No N/A 7. Has the grantee exceeded the 10% Operations cap for ESG? Yes No N/A A �. 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 pagels PROGRAM SPECIFIC REQUIREMENTS 91.22001 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 N/A 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 N/A 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? Yes( Not f) Did the jurisdiction describe the policy and procedures it will follow to affirmatively market housing containing five or more HOME - assisted units? Yes( No) 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, 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 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 r 'rIEW FOR THE CITY OF NEWPORT BEn_H DRAFT FIVE -YEAR CONSOLIDATED PLAN (2010- 2014), ONE -YEAR ACTION PLAN (2010 -2011) 70 CITIZEN PARTICIPATION PLAN (2010 -2014) 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 ky TIME: 7:00 P.M. 0oo l v o� r1A1'wve, LOCATION: City Counci ambers 1 ot�o AvocA� V V 3300 port Bo rd, Newport Beach, California t, Ev(FDP-T D EACH At this meeting, the City Council will receive public comment on the draft Five-Year Consolidated Plant (('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). BACKGROUND 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) 644 -3230 with any questions conceming 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. 1 4/ � it ' I. Brown, MMC 1" 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 11, 1963. RECEIVED PROOF OF PUBLICATIME STATE OF CALIFORNIA) C(1Y ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States resident of the County aforesaid; over the age of eighteen years, anc party to or interested in the below e matter. I am a principal clerk I NEWPORT BEACH - COSTA DAILY PILOT, a newspaper of g circulation, printed and published City of Costa Mesa, County of O State of California, and that at Notice is a true, and complete cc was printed and published:.oi following dates: March 20, 2010 I declare, under penalty of perjur} the foregoing is true and correct. Executed on March 22, 2010 at Costa Mesa, California. Signature L66 2 CDBG PUBLIC SERVICES AGREEMENT Between the City of Newport Beach and Families Forward THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement") is entered into this 16f day of July, 2009, by and between the City of Newport Beach ( "City"), a Municipal corporation and Charter City of the State of California, and, FAMILIES FORWARD, 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 TRANSITIONAL HOUSING PROGRAM, which assists struggling families' transitions from crisis to stability and self sufficiency (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 operation the Program permitted by the Act and the Regulations on terms and conditions more particularly set forth herein. D. On April 14, 2009, the City Council approved the issuance of CDBG funds, in an amount not to exceed TEN THOUSAND SIXTY -FOUR DOLLARS AND 001100 ($10,064.00), 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: 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 in full by this reference. Subrecipient agrees that the Scope of Services contains an accurate estimate of the persons to be assisted during the 2009 -2010 Fiscal Year. B. Schedule for Completion. Subrecipient shall provide its services under this Agreement for a 12 -month period commencing July 1, 2009 and ending June 30, 2010. 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. D. Budget. Subrecipient represents that it shall perform the services as set forth in the Scope of Services pursuant to the "Proposed Budget' including 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 the Agreement. 2. Term of Agreement. This Agreement is effective from July 1, 2009 through June 30, 2010, unless earlier terminated pursuant to Section 16 of this agreement. 3. Compensation. A. Upon compliance with the reporting requirements outlined in Section 6 below, City shall reimburse Subrecipient an amount not to exceed TEN THOUSAND SIXTY -FOUR DOLLARS AND 001100 ($10,064.00), which shall constitute full and complete reimbursement for the implementation of this Agreement for the entire award year from July 1, 2009 through June 30, 2010. 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 I 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, 2009, January 15, 2010, April 15, 2010, and June 30, 2010. 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. B. In the event Subrecipient is in default under the terms of this Agreement, City shall have no obligation to continue compensating Subrecipient for any work performed after the date of default. C. City reserves the right to withhold 10% of the contract amount on a completed Program until a Certificate of Completion is issued by City. 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. Chapter60, which requires that during the performance of this Agreement, Subrecipient agrees not to discriminate against any employee or applicant 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. Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701 et seq.) which requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns that are located in, or owned in substantial part by, persons residing in the project area. E. 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. Section 504 of the Rehabilitation Act of 1973 (Pub. L. No. 93 -112), as amended, and implementing regulations. G. The Age Discrimination Act of 1975 (Pub. L. No. 94 -135), as amended, 3 and implementing regulations. H. 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). 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. K. The Program Income requirements as set forth in Title 24 C.F.R. Parts 570.504(c) and 570.503(b)(8). L. 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. M. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11988 relating to the prevention, control and abatement of water pollution. N. The flood insurance purchase requirement of Section 102(a) of the Flood Disaster Protection Act of 1978 (Pub. L. No. 93 -234). O. 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 underthe federally- assisted program. P. Title VI I of the Civil Rights Act of 1968 (Pub. L. No. 90 -284) as amended. Q. 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.). R. 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. S. Such other City, County, State, or Federal laws, rules, and regulations, executive orders or similar requirements which might be applicable. T. 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 4 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. U. 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. V. Subrecipient receives no program income as defined in Title 24 C.F.R. Part 570.500(a). W. 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. X. 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 2009, January 2010, April 2010, and July 2010, 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, 2010, furnish City with a summary of Subrecipient's activities for the fiscal year commencing July 1, 2009. 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. 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 51 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. 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, 7 direct or indirect, that may be affected by the services to be performed by Subrecipient under this Agreement, orthat would conflict in any mannerwith 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 mannerwith 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 Sub recipient °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. 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. Subrecipient 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 13. Indemnification. A. Subrecipient shall defend, indemnify and hold harmless City, and its officers, employees, volunteers and agents serving as independent contractors in the role of City officials, from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including without limitation death or injury to any person and injury to any property, arising out of, attributable to or connected with the performance by Subrecipient of the services hereunder. B. City does not, and shall not, waive any rights that it may possess against Subrecipient because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Subrecipient agrees that Subrecipient's covenant under this section shall survive the expiration or termination of this Agreement. 14. Insurance. A. Subrecipient shall obtain, at its sole cost, and file with the City, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this agreement, a policy or policies of general liability insurance, or certificate of such insurance, satisfactory to the City's Risk Manager naming City, its officers, agents and employees as insured or additional insured, which provides coverage not less than that provided against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations of Subrecipient, which insurance shall provide coverage for both bodily injury and property damage in not less than the following minimum amounts: One Million Dollars ($1,000,000.00) combined single limit, or its equivalent. Said policy shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until thirty (30) days notice thereof has been given in writing to City, and shall be issued by an insurer rated "A" or better and financial size category VII (or larger) in the most recent edition of Best's Insurance Guide. Subrecipient shall give City prompt and timely notice of any claim made or suit instituted. Subrecipient shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance, which, in its own judgment, may be necessary for its proper protection in the prosecution of the work. Subrecipient shall submit to City's Risk Manager certificates of insurance indicating compliance with the above minimum insurance requirements not less than 1 day prior to beginning performance under this Agreement. B. Subrecipient shall furnish City with an insurance certificate from its workers' compensation insurance carrier certifying that it carries such insurance and the policy shall not be canceled nor the coverage reduced except upon ten (10) days prior notice to City. 15. 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. E 16. Termination. A. This Agreement may be terminated at any time by either party 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. 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 10 to the City shall not be required after the period of time specified in 17(a) above. 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 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. 11 City: Subrecipient: City of Newport Beach Attn: Kathlyn Bowden, Economic Dev. Coordinator Planning Department 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 FAMILIES FORWARD Attn: Margie Wakeham, Executive Director 9221 Irvine Blvd. Irvine, CA 92618 20. Non - Discrimination and Eaual 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, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. 21. Conditions for Reliaious Oraanizations: 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 12 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. 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 grantee'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 13 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. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, no any provision or breach hereof waived, except in a writing signed by the parties 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 Agreement shall govern. 14 IN WITNESS WHEREOF, the City and Subrecipient have executed this Agreement as of the date first above written. APPROVED AS TO FORM: OFFICE F THE CITY ATTOR EY -2^— C , By: Aaron C. Harp, Assistant City Attorney City of Newport Beach ATTEST: By. � eilani Brown, y City Clerk � SEW PART o m v s �'�tiaQw�,r Exhibit A: Scope of Services 15 CITY O NEWPORT A Mu cipal Corpora i By: 1 Ed and D. rich, Mayor �7 CH Title: Executive Director Print Name: Margie Wakeham By: (Financial Officer) Title: 6FO Print Name:—DlQKv-4., 4 WPO�r CITY OF NEWPORT BEACH CDBG v a °'IaFoA Exhibit A: Transitional Housing Program Project: Transitional Housing Program Organization: Families Forward Description: Families Forward Transitional Housing Program (THP) transits struggling families from crisis to stability and self sufficiency. THP has five primary goals, each of which supports the programs overarching goal of achieving familial self sufficiency. The target population is homeless families with children who stay up to two years and are required to pay up to 30 percent of their income for rent. Goals for the program include: linking families in need with appropriate supporting resources, decreasing anxiety and levels of depression, increasing key life skills, increasing annual income and securing housing. It is anticipated that 80 Newport Beach residents will be served during the program year. CDBG funds will be used to pay for a portion of the salary of a case manager. 03T HUD Matrix Code: Operation of Shelter CDBG $10,064 Costs Eligibility Citation: 570.210(e) HOME $0 National Objective: Low Mod Clientele ESG $0 570.208(a)(2)(i)(A) Accomplishment Goal: 80 Persons HOPWA $0 Start Date: 07/01/2009 Other: $877,811 End Date: 06/30/2010 Total: $887,875 Families Forward 9221 Irvine Blvd. Available to clientele throughout City Irvine, CA 92618 Help the homeless? Yes Margie Wakeham Help persons with HIV / AIDS? No Help persons with Special Needs? No Executive Director Phone: 949-552-2727 17 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 ofthe 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 may be 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 Departmem/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) hrvoices; 6) Billing Statements; 7) Cancelled Checks; 8) Timecards signed by employees and supervisors; 9) Personnel Authorization Records; 10) Payroll Registers; 1 I) 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 11: 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) Cancelled 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. 18 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 Ifail 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 (CDB G) funds. Margie Watk n Executive Director In CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.- 21 April 14, 2009 TO; HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community and Economic Development Department Kathlyn Bowden, Economic Development Coordinator 949 - 644 -3230/ kbowden (cD city. newport- beach. ca. us SUBJECT: Review of the Community Development Block Grant Fiscal Year 2009 -2010 One -Year Action Plan for submission to the U.S. Department of Housing and Urban Development. 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 (2005 -2009 Consolidated Plan) that was approved on May 10, 2005. 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 2009 -2010 fiscal year. The City's entitlement amount for the 2009 -2010 fiscal year, July 1, 2009 to June 30, 2010, is approximately $355,659. RECOMMENDATION: 1. Hold a public hearing to receive comments on the 2009 -2010 CDBG Action Plan; and 2. Approve the 2009 -2010 CDBG Action Plan; and 3. Authorize the City Manager or his designee to execute the FY 2009 -2010 CDBG Program Grant Agreement and all related documents on behalf of the City; and 4. Adopt Resolution No. authorizing the City Manager to submit the FY 2009 -2010 application for CDBG funds and One -Year Action Plan to HUD. FY 2009 -2010 CDBG One -Year Action Plan April 14, 2009 Page 2 5. Provide direction to staff on the use of affordable in -lieu housing fund for maintenance & repair request from Seaview Lutheran Plaza. DISCUSSION: The City of Newport Beach's 2005 -2009 Five -Year Consolidated Plan, as adopted on May 10, 2005, 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 14, 2009, staff published a notice in the Daily Pilot informing the general public that the City of Newport Beach had prepared the Draft 2009 -2010 Action Plan and that such would be available for review and comment until April 14, 2009. The public was provided an opportunity to provide oral and /or written comments on the One -Year Action Plan and the proposed activities. No comments were 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 Funding strategies serve as the basis of the Consolidated Plan funding decisions for the five year period (2005 -2009) covering the Consolidated Plan. The City must allocate CDBG funds to programs and projects that significantly contribute to the City's efforts to meet the goals and objectives described in the following funding priorities: A. Affordable Housing Funding Priorities: 1. Increase supply of housing units affordable to moderate - income households through new construction. I FY 2009 -2010 CDBG One -Year Action Plan April 14, 2009 Page 3 2. Maintain existing level of Section 8 housing vouchers and rent - restricted units within the City. 3. Ensure universal access to fair housing choice within the City. B. Special Needs Funding Priorities: 1. Increase accessibility of persons with disabilities to public facilities. 2. Improve supportive services for elderly residents. 3. Increase supportive services for persons suffering from substance abuse. 4. Increase supportive services for persons living with HIV /AIDS. C. Homeless Funding Priorities: 1. Preserve the supply of emergency and transitional housing. 2. Improve services for homeless persons and prevent those at- risk of homelessness from losing their housing. 3. Improve services for women and children who are homeless because of domestic violence. D. Non - housing Community Development Priorities: 1. Eliminate blight, blighting influences, and prevent the deterioration of property. 2. Improve health and safety through rehabilitation of community facilities. 3. Preserve community infrastructure in order to provide economic empowerment in targeted neighborhoods. In addition to the goals and objectives noted above, the federal government requires that the City make every effort to address barriers to affordable housing. The City's primary strategies to meet affordable housing needs are to: • Increase the supply of affordable housing units for moderate - income households through new construction. • Maintain existing level of Section 8 housing vouchers and rent - restricted units within the City. • Ensure universal access to fair housing choice within the City. 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 FY 2009 -2010 CDBG One -Year Action Plan April 14, 2009 Page 4 more funds available for public service projects, the City has elected to use administration funds to pay for these services. Strategies for addressing the priorities noted above can be found in the Strategic Plan section of the 2005 -2009 Consolidated Plan. Notice of Fundinq Availabilit On December 12, 2008, 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, five public service providers submitted applications for CDBG grants for Fiscal Year 2009 -2010, requesting a total of $92,864. In addition, one affordable housing development and the City's Public Works Department submitted applications for a total of $250,000 in capital projects. Included in this report is a summary of the CDBG Grant Applications and staff recommendations to the City Council. Summary of Applications The following information includes a brief description of the proposed service activities and capital projects, including the amount of funding requested: Program /Proiect Amount Requested Human Options $20,000 Human Options provides such services as: emergency shelter, 24 -hour bilingual crisis hotline, counseling, and case management to address the needs of battered women and their children; helping them break the cycle of domestic violence and transitioning them to become independent and self- sufficient. This program anticipates serving 10 clients from the City of Newport Beach. (Meets Goal C.3.) South County Senior Services — Mobile Meals $28,500 Mobile Meals delivers nutritional meals to individuals who are homebound due to age, illness or disability. This program allows clients, who may otherwise be institutionalized, to live independently. It is estimated the program will serve 140 L. FY 2009 -2010 CDBG One -Year Action Plan April 14, 2009 Page 5 unduplicated Newport Beach residents with 10 meals per week for the duration of the program year. Note that this program has been operated by FISH Harbor Area, Inc. in prior years. South County Senior Services merged with FISH Harbor and now operates under the South County Senior Services name. (Meets Goal B.2.) 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. The program includes one month's room and board, counseling, and supplemental services focused on employment, medical assistance, and legal assistance. Funds will be used for case management, shelter costs, and operational costs. Funds will cover costs for case management for 8 Newport Beach residents and indirectly support the whole program that serves 450 individuals annually. (Meets Goal B.3.) Families Forward. $15,000 The Families Forward Transitional Housing Program (THP) transitions struggling families from crisis to stability and self sufficiency. THP goals for the program are as follows: 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. Funds will cover the shelter operation cost for 80 unduplicated Newport Beach residents. (Meets Goals C.1. and C.2.) Fair Housing Council of Orange County $14,364 The program will further fair housing in Newport Beach through education, landlord /tenant counseling, and legal action when necessary. It is anticipated the program will assist 150 Newport Beach residents with landlord /tenant related problems and 3 households with allegations of discrimination. This program is counted against the 20% for Administration, not the 15% for Public Services. (Meets Goal A.3.) Seaview Lutheran Plaza $175,000 The project will use funds to replace a deteriorating plumbing system of the existing apartment complex. Seaview Lutheran Plaza serves only very low -and low- income residents who are over the age of 62 and with a limited number of FY 2009 -2010 CDBG One -Year Action Plan April 14, 2009 Page 6 mobility accessible apartments to very low- and low- income persons over the age of 18. Seaview receives HUD federal restricted funds for repairs and replacements in addition to Section 8 rental assistance to aid in the rent payments. (Meets Goal A.2.) City of Newport Beach — ADA Sidewalk Improvements $75,000 This project will provide for the replacement of defective sidewalks, curbs, gutters and cross gutters for areas with standard specifications and where decorative colors are used. American with Disabilities Act (ADA) improvements will be included where necessary. CDBG funds provide for the construction of curb access ramps to improve pedestrian and wheelchair access. (Meets Goal 6.1.) Action Plan The 2009 -2010 Annual Action Plan will delineate the fifth (5th) and final year of the current Five -Year Consolidated Plan. The Action Plan contains Federal, State, and Local programs available to meet those goals and objectives that consist of: affordable housing, homelessness, non - housing community development, removal of housing barriers, actions to reduce lead -based paint hazards, elimination of slums and blight, conservation and expansion of the City's housing stock, expansion and improvement of the quantity and quality of community services, better utilization of land and other natural resources, reduction in the isolation of income groups within communities and geographical areas, restoration and preservation of properties of special values and alleviation of physical and economic distress. For fiscal year 2009 -2010, the City of Newport Beach expects to receive approximately $355,659 in Community Development Block Grant (CDBG) funds. Attached for your review is a draft copy of the 2009 -2010 Annual Action Plan, including all projects and activities that the City anticipates funding in FY2009- 2010. Draft copies of the plan have been made available 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 14, 2009 and continued through April 14, 2008. The deadline for submitting the City's Action Plan to HUD is April 28, 2009. In addition to the program /project requests described above, the following is a summary of the remaining 2009 -2010 Annual Action Plan allocations: FY 2009 -2010 CDBG One -Year Action Plan April 14, 2009 Page 7 Program /Project Amount Programmed City of Newport Beach — Section 108 Loan Repayment $197,535 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 2010 -2014 Five Year Consolidated Plan, Action Plan, and Citizen Participation Plan, and ensure overall program compliance with the relevant federal regulations. 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. City staff and the City's CDBG consultant have determined that the ADA Sidewalk Improvements funds available in the 2009 -2010 CDBG allocation are not enough to cover the overall construction expenses. The portion of work not being funded with next year's CDBG fundsis eligible for prior year unallocated funds subject to City Council approval of this reprogramming . The current total of the unallocated fund is $25,111. Reprogramming $20,000 into the ADA Sidewalk Improvement project will provide funds for 71% percent of the requested amount for the 2009 -2010 ADA Sidewalk Improvements project. 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 recommends that the City Council provide funding for the following activities: -`r FY 2009 -2010 CDBG One -Year Action Plan April 14, 2009 Page 8 FY 2009 -2010 PROGRAMS AND PROJECTS REQUESTED RECOMMENDED FUNDING FUNDING ADMINISTRATION (20% Max = $71,131) CDBG Administration $60,000 560,000 • (City ersonnel E enses and Consultant Services) Fair Housing Council of Orange County 514,364 $11,131 Fair Housing Services Total: $74,364 $71,131 PUBLIC SERVICES PROGRAMS (15% Max. _ $53,348) Human Options 520,000 55,000 Emergency Shelter for Battered Women South County Senior Services $28,500 $28,348 Mobil Meals Serving People In Need (SPIN) $15,000 510,000 Substance Abuse Rehabilitation Program Families Forward $15,000 $10,000 Transitional Housing Program Total: $78,500 $53,348 CAPITAL EXPENDITURE PROJECTS (65% Max = $231,180) City of Newport Beach - Public Works 575,000 $33,645 ADA Sidewalk Improvements City of Newport Beach - Planning $197,535 5197,535 Section 108 Loan Repayment Seaview Lutheran Plaza $175,000 $0 Total: $447,535 $231,180 TOTAL- $600,399 $355,659 Reprogram Unallocated Funds to ADA Sidewalk $20,000 2009.2010 CDBG AVAILABLE FUNDS: $37S,659 The rationale for this decision is based on the funding criteria established in our Consolidated Plan. Seaview Lutheran Plaza's request for funding to replace its deteriorated plumbing system meets the Consolidated Plan objective to maintain an existing level of Section 8 housing and rent - restricted units within the City. However, the $175,000 request represents approximately forty-six percent (46 %) of the City's total available CDBG funds. With the required Section 108 loan payment and necessary administration costs, the City is left with only $106,993 to distribute amongst the remaining public service program and capital project requests. Staff feels that the limited amount of available funds will make a far greater impact if distributed according to the above recommended allocations. Therefore, staff does not recommend the use of the City's 2009 -2010 CDBG allocation to fund Seaview Lutheran's request. r. FY 2009 -2010 CDB(j One -Year Action Plan April 14, 2009 Page 9 Alternative Solution for Seaview Lutheran Plaza While staff believes that CDBG funds are not an appropriate funding mechanism for the replacement of Seaview Landing's plumbing system, staff recognizes the need to replace the plumbing system in order to preserve this supply of affordable rental units. Seaview Lutheran Plaza is one of few affordable housing developments in the City with a significant number of very-low income rental units. As such, the preservation of Seaview's units is of utmost importance. Seaview's grant application states that "the replacement of the deteriorating water delivery system is necessary to comply with current code requirements and to prevent further damage to the building and the displacement of its residents." The application further states that, while HUD requires the maintenance of a minimum reserve for repair and replacement, the available funds in that reserve are currently insufficient to meet the needs of the project. Seaview's Board of Directors has obtained bids for the replacement of the plumbing system and has identified the total cost of replacement to be $350,000. Seaview has requested funds from the City to cover half of the project cost ($175,000). The City's in -lieu affordable housing fund has a remaining balance of approximately $1,200,000. The City of Newport Beach Housing Element Program 4.1.4. encourages the pursuit of local programs, including in -lieu funds, for the preservation of existing low- income housing. Therefore, staff believes that the in -lieu housing fund is a more appropriate funding source with sufficient funds for Seaview's request. Staff is not aware of any other pending requests for affordable housing in -lieu fees at this time. Staff requests City Council's direction on whether or not staff may enter into discussions with Seaview Lutheran Plaza regarding a grant of $175,000 in affordable in -lieu housing funds for the replacement of its deteriorated plumbing system. 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. FY 2009 -2010 CDBG One -Year Action Plan April 14, 2009 Page 10 FUNDING AVAILABILITY: HUD has not yet notified the City of its allocation for the 2009 -2010 Fiscal Year. The City anticipates an allocation of approximately $355,659 in CDBG Funds. If the allocation is different, staff will adjust all funded activities according to the exact allocation amount on a percentage basis, with the exception of the Section 108 loan repayment, which is a fixed amount. Prepared by: J�S Kathlyn Bowden, AICP Economic Development Coordinator Submitted by: Sharon Wood Assistant City Manager Attachments: Draft One -Year Action Plan and CDBG Resolution.