HomeMy WebLinkAboutC-4364 - 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 Human Options, Inc.
THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement ") is entered into this 1st
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, HUMAN OPTIONS, INC., 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 at seq.)
("Regulations").
B. Subrecipient has applied to City for CDBG Funds to aid in the cost of
Subrecipient's operation of its COMMUNITY RESOURCE CENTER, located at
1920 E. Warner, Suite A, Santa Ana, California, 92705, which assists battered
women by providing temporary emergency housing, counseling, and legal
advocacy to city residents (the "Program °).
C. The Program is eligible for a grant of CDBG Funds and the City desires to assist
in the operation of the Program by granting CDBG Funds to the Subrecipient to
pay for a portion of those costs incurred in operating the Program, permitted by
the Act and the Regulations on terms and conditions more particularly set forth
herein.
D. On April 26, 2011, the City Council approved the issuance of CDBG Funds, in an
amount not to exceed THREE THOUSAND EIGHT HUNDRED SIXTY -SEVEN
DOLLARS AND 00/100 ($3,867.00), 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 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.
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 THREE
THOUSAND EIGHT HUNDRED SIXTY -SEVEN DOLLARS AND 001100
($3,867.00), 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.
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B. In the event Subrecipient is in default under the terms of this Agreement,
City shall have no obligation to continue reimbursing Subrecipient for any
work performed after the date of default.
4. Compliance with Laws.
Subrecipient agrees to comply with the following federal, state and City
requirements in the performance of this Agreement:
A. Executive Order 11246 (as amended by Executive Orders 11375 and
12086 (1978)) and implementing regulations at Title 41 C.F.R. Chapter
60, which requires that during the performance of this Agreement,
Subrecipient agrees not to discriminate against any employee 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).
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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 VI I of the Civil Rights Act of 1968 (Pub. L. No. 90 -284) as amended.
O. The Lead -based paint requirements of Title 24 C.F.R. Part 35 issued
pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §
4801 et seq.).
P. Maintain property inventory system to numerically identify HUD purchased
property and document its acquisition date as is set forth in OMB Circular
A -110 Attachment N Property Management Standard 6d.
Q. Such other City, County, State, or Federal laws, rules, and regulations,
executive orders or similar requirements which might be applicable.
R. City will use federal funds to pay Subrecipient for the services to be
performed under this Agreement. Title 31 U.S.C. Section 1352 prohibits
any recipient or subrecipient of federal funding from using such funds to
influence or attempt to influence an officer or employee of any federal
agency, a Member of Congress or an officer or employee of Congress, or
any employee of a Member of Congress in connection with the awarding
of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement and the
extension of, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
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S. Every person who requests or receives a federal contract, grant, loan or
cooperative agreement from a federal agency or receives or requests
from a federal agency a commitment that would provide for the United
States to insure or guarantee a loan must file with that agency a written
declaration and certify that he or she has not made and will not make any
prohibited expenditure. Further, any person who requires or receives from
a person referred to above, a subcontract under a federal contract, a
subgrant or contract under a federal grant, a contract or subcontract to
carry out any purpose for which a particular federal loan is made, or
contract under a federal cooperative agreement, is required to file a
written declaration with the person who received the federal contract,
grant, loan or commitment to insure or guarantee a loan.
T. Subrecipient receives no program income as defined in Title 24 C.F.R.
Part 570.500(a).
U. Subrecipient shall comply with applicable uniform administrative
requirements as described in Title 24 C.F.R. Part 85.22 and OMB Circular
A -87 and A -122 and Title 24 C.F.R. Part 570.502.
V. This Agreement is subject to and incorporates the terms of the Housing
and Community Development Act of 1974, as amended; Title 24 C.F.R.,
Part 570; City's CDBG Program Guidelines; and all amendments or
successor regulations or guidelines thereto.
5. Financial Records.
Subrecipient shall keep records of all federal funds received from City under the terms
and conditions of this Agreement and of all costs and expenses related to the program
in accordance with the provisions contained in the Federal Office of Management and
Budget Circular A -110 with its subparts and appendix. The Subrecipient shall maintain
these records and reports to assist the City in maintaining its record- keeping
requirements for the duration of the Agreement and for five (5) years after the
termination or expiration of this Agreement. All federal funds received by subrecipient
from City pursuant to this Agreement shall be maintained separate and apart from any
other funds of Subrecipient or of any principal or member of Subrecipient in an account
in a banking or savings and loan institution. No costs shall be invoiced / billed except for
expenditures authorized in the Scope of Services. The itemized costs shall be sufficient
detail to provide a sound basis for the City to effectively monitor costs under the
Agreement. Subrecipient also agrees to use the Payment requests /Invoice Forms as
provided by the City.
6. Reporting Requirements.
Subrecipient agrees to provide the City with a written quarterly summary and an
unduplicated count of persons and /or families benefiting by the Subrecipient's Program
on or before the 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
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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.
B. 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 overthe conduct of Subrecipient orany 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. Warrantv 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 Initi Is
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.
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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.
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
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rights hereunder.
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.
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B. In accordance with Title 24 C.F.R. Part 85.43, suspension ortermination
may occur if Subrecipient materially fails to comply with any term of the
award.
C. If the funding source demands reimbursement for prior payments to
Subrecipient due to Subrecipient's failure to comply with any applicable
term of this Agreement, regulation or statute, Subrecipient shall reimburse
City in the amount of such disallowed payments.
D. The award may be terminated for convenience in accordance with Title 24
C.F.R. Part 85.44.
E. Upon expiration of this Agreement, Subrecipient shall transfer to City any
funds paid pursuant to this Agreement that are on hand at the time of
expiration and any accounts receivable attributable to the use of such
funds.
17. Reversion of Assets.
A. Upon the termination or expiration of the term of this Agreement,
Subrecipient shall comply with Title 24 C.F.R. Part 570.503(b)(8) and
transfer to the City any CDBG funds on hand at the time of such
termination or expiration and any accounts receivable attributable to the
use of CDBG funds. Any real property under the Subrecipient's control
that was acquired or improved in whole or in part with CDBG funds in
excess of twenty -five thousand dollars ($25,000.00) shall either be: (a)
Used to meet one of the national objectives stated in Title 24 C.F.R. Part
570.901 until five (5) years after termination or expiration of this
Agreement; or (b) disposed of in a manner that results in the City's being
reimbursed in the amount of the current fair - market value of the property
less any portion of the value attributable to expenditures of non -CDBG
funds for acquisition of, or improvement to, the property. Reimbursement
to the City shall not be required if the property is disposed of more than
five (5) years after the termination or expiration of this Agreement..
Subrecipient shall not dispose of any real or personal property acquired in
full or in part with CDBG funds through sale, use or relocation without the
expressed and prior written permission of the City.
18. Lobbying.
A. No Federal appropriated funds shall be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
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cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
C. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
19. Notices
Any notices, bills, invoices, or reports required by this Agreement shall be deemed
received on (a) the day of delivery if delivered by hand during the receiving party's
regular business hours or by facsimile before or during the receiving party's regular
business hours; or (b) on the second business day following deposit in the United States
mail, postage prepaid, to the addresses below, or to such other addresses as the
parties may, from time to time, designate in writing pursuant to the provisions of this
section.
City:
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
Human Options, Inc.
Attn: Maricela Rios - Faust, COO
PO Box 53745
Irvine, CA 92619
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
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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 Religious Organizations:
If Subrecipient represents that it is, or may be deemed to be, a religious or
denominational institution or organization or an organization operated for religious
purposes which is supervised or controlled by or in connection with a religious or
denominational institution or organization, Subrecipient agrees that, in connection with
such public services:
A. It will not discriminate against any employee or applicant for employment
on the basis of religion and will not limit employment or give preference in
employment to persons on the basis or religion;
B. It will not discriminate against any person applying for such public services
on the basis of religion and will not limit such services or give preference
to persons on the basis or religion;
C. It will provide no religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such public services;
D. The portion of a facility used to provide public services assisted in whole
or in part under this Agreement shall contain no sectarian or religious
symbols or decorations; and
E. The funds received under this Agreement shall not be used to construct,
rehabilitate, or restore any facility which is owned by the Subrecipient and
in which the public services are to be provided; Provided that, minor
repairs may be made if such repairs (1) are directly related to the public
services, (2) are located in a structure used elusively for nonreligious
purposes, and (3) constitute in dollar terms only a minor portion of the
CDBG expenditure for the public services.
F. Subrecipient shall comply with all applicable conditions of Title 24 C.F.R.
Part 570.503(b)(6) prescribed by HUD for the use of CDBG funds by
religious organizations if Subrecipient is a religious organization.
22. Assignment and Subcontracting.
Subrecipient shall not assign, transfer, or subcontract any interest in this Agreement or
the performance of any of Subrecipient's obligations hereunder, whether by assignment
or notation, without the prior written consent of City, and any attempt by Subrecipient to
so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder
shall be void and of no effect.
14
23. Code of Conduct.
Subrecipient agrees that no officer, employee, agent or assign of City having direct or
indirect control of federal funds granted to the City shall serve as an officer of
Subrecipient. Further, any conflict or potential conflict of interest of any officer of
Subrecipient shall be fully disclosed prior to the execution of this Agreement and shall
be attached to and become a part hereof.
24. Drug Free Workplace.
Subrecipient shall comply with the Drug -Free Workplace Act, and shall make a good
faith effort to continue to maintain a drug -free workplace, including establishing a drug -
free awareness program to inform employees about the dangers of drug abuse and the
Subrecipient's policy and penalties for drug abuse violations occurring in the workplace.
25. Non - Waiver of Terms. 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.
15
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.
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]
11151
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
Leonie Mulvihill, MT
1 ;241
Assistant City Attorney
City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
By: CSL
Dave Kiff
City Manager
SUBRECIPIENT:
Human Options, Inc.
By: (4By
Leilani brown,
City Clerk
Exhibit A: Scope of Services
J
(Corpora Officer)
Title: -f — ,r�--T).q
Print Name: N��I r (l' J Z) S ` F,c,;,�
By�:�
(Financial Officer)
Print Name: t0g;nlic-'rnC/
[END OF SIGNATURES]
17
Exhibit A
THIS PAGE
LEFT BLANK
INTENTIONALLY
CITY OF NEWPORT BEACH CDBG
�
U �
`:141„AMENDED - Exhibit A: Community Resource Center
Project: Community Resource Center
Organization: Human Options, Inc.
Description:
Human Options Community Resource Center offers a wide variety of counseling and educational programs to
help victims and their family members deal with the effects of domestic violence. Proposed services include the
following: crisis intervention, individual counseling for adults, support groups, legal advocacy, personal
empowerment program, children's individual counseling, parenting education groups, parent child interaction
therapy, trauma therapy, information and referrals and intake to Human Options emergency shelter. All services
are offered in English and Spanish. Funds will be used to pay for a portion of the salaries of staff who provide
counseling and case management services.
Eligibility
Approved Funding
05G
HUD Matrix Code:
Battered and Abused
CDBG
$3,867
Spouse
Eligibility Citation:
570.201(e)
HOME
$0
National Objective:
Low Mod Clientele
ESG
$0
570.208(a)(2)(i)(A)
Accomplishment
Goal:
6 Persons
HOPWA
$0
Start Date:
07/01/2011
Other:
$426,931
End Date:
06/30/2012
Total:
$430,798
Location / Service Area / Beneficiaries:
Administered By:
Human Options
P.O. Box 53745
Available to clientele throughout City
Irvine, CA 92619
Help the homeless? Yes
Help persons with HIV / AIDS? No
Help persons with Special Needs? No
Maricela Rios -Faust
Chief Operations Officer
Phone: (949) 737-5242 ext. 320
Z
Exhibit A: Page 2 of 3
Special Provisions
The following are special provisions that are required as a condition of receiving Community Development Block Grant (CDBG)
funds. Failure to comply with these requirements may lead to possible findings, a breach of the agreement, and/or the repayment of
the funds received under this agreement.
In the Special Provisions section, the term "Operating Department" shall refer to the City Department that is responsible for the
oversight of the project. The term "Operating Agency" or "Subrecipient" shall refer to the Community Based Organization (non-
profit) that is receiving CDBG funds. The term "CDBG Program Staff' shall refer to the Director of Recreation and Community
Services.
Subrecipient Agreement/Consultation Services:
The Operating Department/Agency shall execute a professional services agreement with each consultant/contractor prior to incurring
any costs or distributing any CDBG funds, in compliance with federal contractual requirements.
Program Income:
The Operating Agency will track and report all program income generated from the use of CDBG funds, as defined in 24 CFR, Part
85.25 of the Common Rule. Program income is defined as gross income received by the sub -grantee or sub - recipient directly
generated by a grant - supported activity, or earned only as a result of the grant agreement. Program income includes, but is not limited
to: 1) Fees and donations collected from participants on public service programs; 2) Applicable bid fees from construction or
rehabilitation activities; 3) Principal and interest collections 4) on loans made with CDBG funds; 5) Fees from the use or rental of
real or personal property; and 6) Proceeds from the disposition of property purchased or improved with CDBG funds. Program
income must be recorded as revenues in the CDBG cost center of the Operating Department/Agency's General Ledger. If applicable
and upon receiving approval from the City, the program income 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 forth
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; l l) Payroll Tax Records; 12) Bank Statements; 13) Bank Reconciliations; and 14) Documentation to support
the allocation of costs.
Payroll and Attendance Records:
The Operating Department/Agency must maintain payroll and time attendance records signed by the employee and approved by the
supervisor. Time distribution records must reflect total work time on a daily basis by program and/or funding source, as applicable.
Payroll and Attendance Records II:
The Operating Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the
expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper
accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be
limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records
documenting procurement of goods and services; 3) Contracts for goods or services; 3) Lease or Rental Agreements; 4) Invoices; 5)
Billing Statements; 6) 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 if I fail to comply with the conditions listed, the U.S. Department of Housing and
Urban Development (HUD) and/or the City may require the repayment of the funds received and/or forfeit receiving
future Community Development Block Grant (CDBG) funds.
Maricela Rios -Faust D e
Chief Operations Officer
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
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10
Draft 2011 -2012 Action Plan
11
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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
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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
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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%
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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
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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
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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
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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
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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
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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
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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
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2. STRATEGIC PLAN
Newport Beach Program Objectives: Housing
1. Increase the supply of newly constructed affordable housing units to
moderate - income households
As stated in the Newport Beach Housing Element, the City's goal is to preserve and
increase housing affordability. The City has set a target of adding 68 housing units at
Airport Area Conexant in the Consolidated Plan. This goal will be met towards the
end of the 5 -year period.
2. Increase acquisition of affordability covenants on rental properties
The City has set a target of adding 34 affordable housing units in the Consolidated
Plan. The City will acquire covenants on rental properties for the purpose of
increased affordable rental units at North Newport Center and Santa Barbara
Condominiums.
3. Maintain current level of Section 8 Voucher and Rent - Restricted units supply
Section 8 vouchers are rental assistance payments to owners of private market rate
units on behalf of very low- income tenants. This program allows the users to find
their own housing which best suits their needs. Currently, the County has
approximately 120 vouchers within the Newport Beach City boundary at any given
point in time. The City will continue to support this county administered program and
promote the increase of vouchers in the City. In addition, the City continues with 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.
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2. STRATEGIC PLAN
Newport Beach Program Objectives: Senior Services, Special
Needs /Non- Homeless and Public Services
The City's Consolidated Plan must describe the needs of persons who are not
homeless but who require supportive housing. These "special need" populations
include elderly, frail elderly, persons with disabilities (mental, physical,
developmental), persons with alcohol or other drug addiction, and public housing
residents.
1. Increase accessibility to public facilities
The City will continue to provide funding for ADA Sidewalk Improvements to public
facilities throughout the City to ensure accessibility to residents with disabilities. In
the 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
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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
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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.
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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.
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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
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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.
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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.
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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
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m vote 1
tl
200
m Am I.
a.d
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Pro ram Year a
e
–
t .mire -
zoo
of xae I-
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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
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ram rate: 1
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uai Am
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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
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❑PftoNaLYlty
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11 Lrolow, mviesfm uAnW Lyn. pawls
ZI -
3
—
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E
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2
of Peopt v
P.. eeee
Pr taco Year 1
uneerwa
coo rote
Pronoun Year 4
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coo leas
i
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o E
of hook U
ram Year 2
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2
of Rapk Iv
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or Paw
ua
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of rtwc J- j
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gT I.
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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
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!E- P. Amt
$4,600
rW 5aa¢; I v IIP
ry oaed Arm.
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5<OB.698
ruW 5oa¢; I. liPr000sed
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2
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54.600
- -
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5426.931
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of PLOpk v
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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
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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
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proposed! Amt.
10000
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Auer .
Pro moan I
Sl 104 907
qnp 5un6': I.
proposed Amt.
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Actual Amount
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too
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q
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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.
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,RUN amaurrt
Actual Amount
al Pape Ie
proppeop, units
300'
A®tpL Type 1.
pro units
Actual units
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A� q. TyS".
proposed units
Aoorat Type: �.
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Aaua units
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no
£
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on
a
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mm .
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eve,sems v
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Fund saiKe: .
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Actual Amount
Ol Pape .
Pro osetl Units
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neural Units
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Q
rRi
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m
s,
(pg0 .
Pro o.eJ And.
Ford spore I.
Proposed! Amt.
noose Amount
Actual Amount
giipr .
proposed! Amt
(yrq $WRG: I.
Proposed Amt.
ARUaI Amount
A.1 Amount
pi¢ .
Proposed Units
p®tip, type; a
Pro UNi.
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Ar>.ddL Train
nia
ranis
Adp Ga Type •
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Ao 1 Units
n
m
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`
a
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pm arm amt
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ou
pl pgxye I.
pro ouM VNIS
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03
_ Grantee Name: City of Newport Beach
vro'ca xame:
A e Well Senior Services: Home Delivered Meals
Desai lion:
(Ors P 'e6 A:
2011 -0$ 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
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_J I MdOV Gd6
to Cm6
M
Manx Cttl6
..I
e
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n
m
0
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[UBa I v
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$20.000
I
Funtl Sv2C I v
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Aetual gmmun[
IXM1er I a
Pr.2._ a Amo
1 552 940
Pone 5pu¢e: I v
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01 Poem I w:
Pro osed units
100
/ m,',c: v
Pm .soul ..R.
Aouiel Units
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A®'tlpl. T,: I v
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uooc. Trye: Iv
1
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Put. Units
N
Y 9
m
6
pm
.0q0q0
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AAmmtt. .
oosseed
erual Amu.
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qhg v
A mL
Si $2$29 0
Penn SwlsOsed v
d
Pro
Um
APro R aI Amoum
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01 PCpt I v
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100
Tice: v
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AL.vnaAL Tyre: I v
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Pr00000I units
A6ual units
I
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m
}
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meG I o
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read scent: I -
osed Amt.
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osed Arm.
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e,�1 rme: I
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I
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p
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ORS I v
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-
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Amnal Amount
01 Pen* v
Unit
Aterµ Type: I v
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it
Aa.m Units
i 'mL Tyq: v
Unit
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it
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in
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n
m
0
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runo So,m: I
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oum
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I v
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none Soune: I e I
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Um
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Ol People a
Pro rind unit
Acmmpl. Type: °
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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
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2
31 I
m
or pe w 1-
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a
o: P11* I-
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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.
$10000
Nno SW rte: -
Pry o6ed Amt.
A...l Amount
pmual Amount
a yr -
II-
Pro osed Amt.
aJ R3
Puna sou.: I -
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etnw I v
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$a25 492
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a
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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-
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>
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Pro osed I ' 00
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und.
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cam Inc
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—
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maeope
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weert . I
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umnrwm
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ezd
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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
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cam v
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$9.000
Eunn sine; v
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p6ual Amouni
goer v
ore osed Amt.
53 701 76
fvm Sm,te: v
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Pro oeee Units
100
voornal.Type: I-
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muv woes
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0
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S 10.178
_
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pro osed Amt.
54 150 419
-1
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sot Amt
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ill Pee* v
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100
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pro riot Unit
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Actual Amount
gctuol Amount
ill Pmple v
Prn Axes Units
A¢wnpl Type: Iv
vro led units
ARU.I units
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quarrel. Type: v
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fen Amt.
ACY ➢I Anllount
.1 Amount
01 Pmde I v
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I
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arnral Units
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units
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yt
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pro Amt.
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ii-posed Amt.
Aeouif Amount
Antral ruminant
of Pool 1 v
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pro sot Urals
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/ /
__ _ 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 ]
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t
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Pro aaed
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cam mm
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taro mm
i Wah Fadllc L
°
° a m Year 2
o E
Proposed
11 RbPC FN31% v
ram Year 5
Pro osed
underwa
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u tom
ca fete
Q. Y ]S HCK faCC6 M
a
ram Year 3
Pre acted
q®'MI. T)ylc Iv
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�
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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
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5199,346
_
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actual gmount
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11 n45[fNep v
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amroL Try¢: Iv
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osed unit.
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ry
At
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roil $av¢ Iv
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Actual Amount
IS WOAC Faellticw
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1
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—
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ArmnPL Type: v
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A®n, Type: v
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a
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to
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actual Fmount
Rod, i6tb v
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q�lp, Tyle: I v
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ARUM umb
gent,, Type: I v
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lappardirees I v
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v
in
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b
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proposed And,
_
w, SAdM v
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fwd S°IR v
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Actual Amount
Actual "..A'
It Public Fapitl v
Pro oiled Unite
gmenpl, type; v
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A[tual UnIt9
A®nPI. TYDR v
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A®mPI. T1M: (w
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N
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5M Sou¢ v
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ac do Amount
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I1 l m
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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
—
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°
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
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P°,
E
riwd Spiros Is, I
Proxissed Amt
I v pro
aaraa
esed
Actual Amount
as
I®nal TYps v
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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
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vI
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Actual A
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v
pro Grand
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ar
0
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v I
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an
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a
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°
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I°
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or
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nE Amoum
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is
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arm Amt
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ARUN P
E
a
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propose
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yrap.
app Type; a
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-I
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Ig
Rod Snorts: v
IlProposed Amt
v�
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y
Y
run. Sad. 1v
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v
proposed
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ARUa A
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m
1v
pro sm UNK
Iv
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ARWLUni
a
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1°
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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-
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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
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Actual A
m
t
Pure SprrQ; I -
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I v
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AMaI Amp
qAmmW.
m
type: .
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s
M
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°
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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: -
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M
ActupI Units
t
�mpl. Type: v
Pro osed Unhs
M
Anuvl Uniu
pre osed Amt.
I v
fl:�:i
Aetual Anwun[
p
v
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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: -
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I-�
proposed Ul
AM91 Urdrs
ARICL Urri
p,
fold SyrQ: Iv
pro Amt
M
proposed
Actual Ampoum
Aodi Amid
°
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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)
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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
CDBG PUBLIC SERVICES AGREEMENT
Between the City of Newport Beach and Human Options, Inc.
THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement ") is entered into this 1st
day of July, 2010, by and between the City of Newport Beach ( "City'), a Municipal
corporation and Charter City of the State of California, and, HUMAN OPTIONS, INC., 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 COMMUNITY RESOURCE CENTER, located at
1920 E. Warner, Suite A, Santa Ana, California, 92705, which assists battered
women by providing temporary emergency housing, counseling, and legal
advocacy to city residents (the "Program ").
C. The Program is eligible for a grant of CDBG Funds and the City desires to assist
in the operation of the Program by granting CDBG Funds to the Subrecipient to
pay for a portion of those costs incurred in operating the Program, permitted by
the Act and the Regulations on terms and conditions more particularly set forth
herein.
D. On April 27, 2010, the City Council approved the issuance of CDBG Funds, in an
amount not to exceed FOUR THOUSAND SIX HUNDRED DOLLARS AND
001100 ($4,600.00), 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.
2.
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.
Term of Agreement.
This Agreement is effective from July 1, 2010 through June 30, 2011, unless
earlier terminated pursuant to Section 16.
3. Compensation.
A. Upon compliance with the reporting requirements outlined in Section 6
below, City shall reimburse Subrecipient an amount not to exceed FOUR
THOUSAND SIX HUNDRED DOLLARS 00 /100 ($4,600.00), 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.
The Age Discrimination Act of 1975 (Pub. L. No. 94 -135), as amended,
and implementing regulations.
G. The relocation requirements of Title II and the acquisition requirements of
Title III of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970, as amended (Title 24 C.F.R. Part 42).
H. The restrictions prohibiting use of funds for the benefit of a religious
organization or activity as set forth in Title 24 C.F.R. Part 570.2000).
The labor standard requirements as set forth in Title 24 C.F.R. Part 570,
Subpart K and HUD regulations issued to implement and requirements.
The Program Income requirements as set forth in Title 24 C.F.R. Parts
570.504(c) and 570.503(b)(8).
K. The Subrecipient is to carry out each activity in compliance with all
Federal laws and regulations described in 24 C.F.R. Part 570, Subpart K,
except that the Subrecipient does not assume the City's environmental
responsibilities described at 24 C.F.R. Part 570.604; nor does the
Subrecipient assume the City's responsibility for initiating the review
process under the provisions of 24 C.F.R. Part 52.
L. The flood insurance purchase requirement of Section 102(a) of the Flood
Disaster Protection Act of 1978 (Pub. L. No. 93 -234).
M. The regulations, policies, guidelines and requirements of Title 24 C.F.R.
Part 570; the "Common Rule," Title 24 C.F.R. Part 85 and Subpart J;
OMB Circular Nos. A -102, Revised, A -87, A -110 and A -122 as they relate
to the acceptance and use of federal funds under the federally- assisted
program.
N. Title VII of the Civil Rights Act of 1968 (Pub. L. No. 90 -284) as amended.
O. The Lead -based paint requirements of Title 24 C.F.R. Part 35 issued
pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §
4801 et seq.).
P. Maintain property inventory system to numerically identify HUD purchased
property and document its acquisition date as is set forth in OMB Circular
A -110 Attachment N Property Management Standard 6d.
Q. Such other City, County, State, or Federal laws, rules, and regulations,
executive orders or similar requirements which might be applicable.
R. City will use federal funds to pay Subrecipient for the services to be
performed under this Agreement. Title 31 U.S.C. Section 1352 prohibits
any recipient or subrecipient of federal funding from using such funds to
influence or attempt to influence an officer or employee of any federal
agency, a Member of Congress or an officer or employee of Congress, or
any employee of a Member of Congress in connection with the awarding
of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement and the
extension of, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
CI
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.
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 CircularA -110 with its subparts and appendix. The Subrecipient shall maintain
these records and reports to assist the City in maintaining its record - keeping
requirements for the duration of the Agreement and for five (5) years after the
termination or expiration of this Agreement. All federal funds received by subrecipient
from City pursuant to this Agreement shall be maintained separate and apart from any
other funds of Subrecipient or of any principal or member of Subrecipient in an account
in a banking or savings and loan institution. No costs shall be invoiced/ billed except for
expenditures authorized in the Scope of Services. The itemized costs shall be sufficient
detail to provide a sound basis for the City to effectively monitor costs under the
Agreement. Subrecipient also agrees to use the Payment requests /Invoice Forms as
provided by the City.
6. Reporting Requirements.
Subrecipient agrees to provide the City with a written quarterly summary and an
unduplicated count of persons and /or families benefiting by the Subrecipient's Program
on or before the 15th day of the following months: October 2010, January 2011, April
2011, and July 2011, setting forth its activities for the previous quarter. The quarterly
report shall contain, without limitation, the ethnic group, income level, female head of
household status, and other data as may be requested by City, of each person assisted
and the result of such assistance. If Subrecipient fails to do so, City may withhold funds
until the required written quarterly reports are received. In addition to the quarterly
report, Subrecipient shall, on or before July 15, 2011, furnish City with a summary of
Subrecipient's activities for the fiscal year commencing July 1, 2010.
Such summary shall include the following:
(i) Documentation of the income level of persons and /or families
participating in or benefiting by the Subrecipient's Program.
(ii) Ethnic and Head of Household data, consistent with HUD's
Grantee Performance Report requirements.
(iii) Additional information such as new pamphlets, copies of
newspaper articles, or brief reports on any special
accomplishments during the year.
7. Inspection of Records.
Subrecipient shall make available performance, financial and all other records pertaining
to each project or business activity that is funded by CDBG funds under this Agreement
for inspection and audit by the City or HUD's representatives, upon request, at any time
during the term of this Agreement and during a period of 5 years thereafter. All such
books and records shall be maintained by Subrecipient at a location in Orange County.
Failure of Subrecipient to comply with the requirements of this section shall constitute a
material breach for which City may terminate or suspend this Agreement. This section
shall survive the expiration or termination of this Agreement.
A. The City and the United States Government and /or their representatives
shall have access for purposes of monitoring, auditing, and examining
Subrecipient's activities and performance, to books, documents, and
papers, and the right to examine records of Subrecipient's subcontractors,
bookkeepers, and accountants, employees, and participants in regard to
said program.
B. The City and the United States Government and /or their representative
shall also schedule on -site monitoring at their discretion. Monitoring
activities may also include, but are not limited to, questioning employees
and participants in said program and entering any premises or any site in
which any of the services or activities funded hereunder are conducted or
in which any of the records of Subrecipients are kept. Nothing herein shall
be construed to require access to any privileged or confidential
information as set forth in federal or state law.
C. In the event Subrecipient does not make the above - referenced
documents available at the location where services are provided,
Subrecipient agrees to pay all necessary and reasonable expenses
incurred by the City in conducting any audit at the location where the
records and books of account are maintained.
8. Audit Exceptions.
Subrecipient agrees that in the event the Program established hereunder is subjected to
audit exceptions by appropriate state and federal audit agencies, Subrecipient shall be
responsible for complying with such exceptions and for paying City the full amount of
City's liability to the funding agency resulting from such audit exceptions.
9. Subcontracts.
City shall approve all subcontracts in writing. Any subcontracts entered into by
Subrecipient for services rendered toward completion of Subrecipient's portion of this
Agreement shall be for Subrecipient's benefit alone and, as such, shall be its
responsibility with no liability resting with City. Subrecipient agrees to provide City, within
10 business days of execution of this Agreement, a list of all subcontractors to be used
in connection with Subrecipient's services hereunder.
10. Status as Independent Contractor.
Subrecipient is, and shall at all times remain as to City, a wholly independent contractor.
Subrecipient shall have no power to incur any debt, obligation or liability on behalf of
City or otherwise act on behalf of City as an agent. Neither City nor any of its agents
shall have control over the conduct of Subrecipient or any of Subrecipient's employees,
except as set forth in this Agreement. Subrecipient shall not, at any time, or in any
manner, represent that it or any of its agents or employees are in any manner
employees of City. Subrecipient shall fully comply with the worker's compensation law
regarding Subrecipient and Subrecipient's employees. Subrecipient further agrees to
indemnify and hold City harmless from any failure of Subrecipient to comply with the
worker's compensation law.
11. Conflict of Interest.
Subrecipient, its agents and employees shall comply with applicable federal, state and
local laws and regulations governing conflict of interest. Subrecipient covenants that it
presently has no interest and shall not acquire any interest, direct or indirect, that may
be affected by the services to be performed by Subrecipient under this Agreement, or
that would conflict in any manner with the performance of its services hereunder.
Subrecipient further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Subrecipient shall avoid
the appearance of having any interest that would conflict in any manner with the
performance of its services pursuant to this Agreement. Subrecipient agrees not to
accept any employment or representation during the term of this Agreement that is or
may likely make Subrecipient "financially interested" (as provided in California
Government Code sections 1090 and 87100) in any decision made by City on any
matter in connection with which Subrecipient has been retained pursuant to this
Agreement.
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12. Warranty and Representation of Non - Collusion.
No official, officer, or employee of the City has any financial interest, director 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 otherthing of value as a result orconsequence
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.
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
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.
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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.
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
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rights hereunder.
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.
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 forall 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.
11
B. In accordance with Title 24 C.F.R. Part 85.43, suspension or termination
may occur if Subrecipient materially fails to comply with any term of the
award.
C. If the funding source demands reimbursement for prior payments to
Subrecipient due to Subrecipient's failure to comply with any applicable
term of this Agreement, regulation or statute, Subrecipient shall reimburse
City in the amount of such disallowed payments.
D. The award may be terminated for convenience in accordance with Title 24
C.F.R. Part 85.44.
E. Upon expiration of this Agreement, Subrecipient shall transfer to City any
funds paid pursuant to this Agreement that are on hand at the time of
expiration and any accounts receivable attributable to the use of such
funds.
17. Reversion of Assets.
A. Upon the termination or expiration of the term of this Agreement,
Subrecipient shall comply with Title 24 C.F.R. Part 570.503(b)(8) and
transfer to the City any CDBG funds on hand at the time of such
termination or expiration and any accounts receivable attributable to the
use of CDBG funds. Any real property under the Subrecipient's control
that was acquired or improved in whole or in part with CDBG funds in
excess of twenty -five thousand dollars ($25,000.00) shall either be: (a)
Used to meet one of the national objectives stated in Title 24 C.F.R. Part
570.901 until five (5) years after termination or expiration of this
Agreement; or (b) disposed of in a manner that results in the City's being
reimbursed in the amount of the current fair - market value of the property
less any portion of the value attributable to expenditures of non -CDBG
funds for acquisition of, or improvement to, the property. Reimbursement
to the City shall not be required if the property is disposed of more than
five (5) years after the termination or expiration of this Agreement..
Subrecipient shall not dispose of any real or personal property acquired in
full or in part with CDBG funds through sale, use or relocation without the
expressed and prior written permission of the City.
18. Lobbying.
A. No Federal appropriated funds shall be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
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cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
C. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants,
cooperative agreements)
disclose accordingly.
19. Notices
and contracts under grants, loans, and
and that all subrecipients shall certify and
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 dayfollowing 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: Kathlyn Bowden, Economic Dev. Coordinator
Planning Department
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
HUMAN OPTIONS, INC.
Attn: Maricela Rios - Faust, COO
PO Box 53745
Irvine, CA 92619
20. Non - Discrimination and Equal Employment Opportunity.
In the performance of this Agreement, Subrecipient shall not discriminate against any
employee, subcontractor or employment applicant because of race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition or sexual orientation. Subrecipient will take affirmative action to
ensure that employees are treated without regard to their race, color, creed, religion,
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sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition or sexual orientation.
21. Conditions for Religious Organizations:
If Subrecipient represents that it is, or may be deemed to be, a religious or
denominational institution or organization or an organization operated for religious
purposes which is supervised or controlled by or in connection with a religious or
denominational institution or organization, Subrecipient agrees that, in connection with
such public services:
A. It will not discriminate against any employee or applicant for employment
on the basis of religion and will not limit employment or give preference in
employment to persons on the basis or religion;
B. It will not discriminate against any person applying for such public services
on the basis of religion and will not limit such services or give preference
to persons on the basis or religion;
C. It will provide no religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such public services;
D. The portion of a facility used to provide public services assisted in whole
or in part under this Agreement shall contain no sectarian or religious
symbols or decorations; and
E. The funds received under this Agreement shall not be used to construct,
rehabilitate, or restore any facility which is owned by the Subrecipient and
in which the public services are to be provided; Provided that, minor
repairs may be made if such repairs (1) are directly related to the public
services, (2) are located in a structure used elusively for nonreligious
purposes, and (3) constitute in dollar terms only a minor portion of the
CDBG expenditure for the public services.
F. Subrecipient shall comply with all applicable conditions of Title 24 C.F.R.
Part 570.503(b)(6) prescribed by HUD for the use of CDBG funds by
religious organizations if Subrecipient is a religious organization.
22. Assignment and Subcontracting.
Subrecipient shall not assign, transfer, or subcontract any interest in this Agreement or
the performance of any of Subrecipient's obligations hereunder, whether by assignment
or notation, without the prior written consent of City, and any attempt by Subrecipient to
so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder
shall be void and of no effect.
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23. Code of Conduct.
Subrecipient agrees that no officer, employee, agent or assign of City having direct or
indirect control of federal funds granted to the City shall serve as an officer of
Subrecipient. Further, any conflict or potential conflict of interest of any officer of
Subrecipient shall be fully disclosed prior to the execution of this Agreement and shall
be attached to and become a part hereof.
24. Drug Free Workplace.
Subrecipient shall comply with the Drug -Free Workplace Act, and shall make a good
faith effort to continue to maintain a drug -free workplace, including establishing a drug -
free awareness program to inform employees about the dangers of drug abuse and the
Subrecipient's policy and penalties for drug abuse violations occurring in the workplace.
25. Non - Waiver of Terms. Rights and Remedies.
Waiver by either party of any of the conditions of performance under this Agreement
shall not be a waiver of any other condition of performance under this Agreement. In no
event shall the making by City of any payment to Subrecipient constitute or be
construed as a waiver by City of any breach of covenant, or any default that may then
exist on the part of Subrecipient, and the making of any such payment by City shall in
no way impair or prejudice any right or remedy available to City with regard to such
breach or default.
26. —Laws Governing This Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California, and all applicable federal statutes and regulations as amended. Any
action brought relating to this Agreement shall be adjudicated in a court of competent
jurisdiction in the County of Orange.
27. ValiditV.
If any portion of this Agreement is held by a court or arbitrator of competent jurisdiction
to be invalid, void and unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
28. Entire Agreement.
This Agreement, and any other documents incorporated herein by specific reference,
represents the entire and integrated agreement between City and Subrecipient.
ThisAgreement supersedes all prior oral or written negotiations, representations or
agreements. This Agreement may not be amended, nor any provision or breach hereof
waived, except in a writing signed by the parties and approved by the City Attorney that
expressly refers to this Agreement.
29. Conflicts or Inconsistencies.
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
15
Agreement shall govern.
30. No Attorneys' Fees.
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorneys' fees.
[SIGNATURES ON NEXT PAGE]
�1
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
LB: V�
eonie Mulvihill,
Assistant City Attorney W''11°
City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
By: �OL�zz�
Keith Curry,
Mayor
SUBRECIPIENT:
Human Options, Inc.
By: By: kc" A (J��
Leilani Brown, (Corporate Officer)
City Clerk ' ,
F-
Exhibit A: Scope of Services
►ilflA 1 _'
_ • '
By. —)AETJ--�
(Financial Officer)
Title: 0.�111' l '/Iae
Print Name: jlY I'IyJq 1,cy Aek4n -G/
[END OF SIGNATURES]
17
Exhibit A
.............................
CITY OF NEWPORT BEACH CDBG
Exhibit A: Community Resource Center
Project: Community Resource Center
Organization: Human Options, Inc.
Description:
Human Options Community Resource Center offers a wide variety of counseling and educational programs to
help victims and their family members deal with the effects of domestic violence. Proposed services include the
following: crisis intervention, individual counseling for adults, support groups, legal advocacy, personal
empowerment program, children's individual counseling, parenting education groups, parent child interaction
therapy, trauma therapy, information and referrals and intake to Human Options emergency shelter. All services
are offered in English and Spanish. Funds will be used to pay for a portion of the salaries of staff who provide
counseling and case management services.
05G
HUD Matrix Code: Battered and Abused CDBG $4,600
Spouse
Eligibility Citation: 570.201(e) HOME $0
National Objective: Low Mod Clientele ESG $0
570.208(a)(2)(i)(A)
Accomplishment 7 Persons I HOPWA $0
Goal:
Start Date: 1 07/01/2010 1 Other: 1 $424,098
End Date: 106/30/2011 1 Total: 1 $428,698
Available to clientele throughout City
Help the homeless? Yes
Help persons with HIV /AIDS? No
Help persons with Special Needs? No
Human Options
P.O. Box 53745
Irvine, CA 92619
Maricela Rios -Faust
Chief Operations Officer
Phone: 949 - 737 -5242
19
Exhibit A: Page 2 of 3
Special Provisions
The following are special provisions that are required as a condition of receiving Community Development Block Grant (CDBG)
funds. Failure to comply with these requirements may lead to possible findings, a breach of the agreement, and /or the repayment of
the funds received under this agreement.
In the Special Provisions section, the term "Operating Department" shall refer to the City Department that is responsible for the
oversight of the project. The term "Operating Agency" or "Subrecipient" shall refer to the Community Based Organization (non-
profit) that is receiving CDBG funds. The term "CDBG Program Staff' shall refer to the Director of Recreation and Community
Services.
Subrecipient Agreement /Consultation Services:
The Operating Department/Agency shall execute a professional services agreement with each consultant/contractor prior to incurring
any costs or distributing any CDBG funds, in compliance with federal contractual requirements.
Program Income:
The Operating Agency will track and report all program income generated from the use of CDBG funds, as defined in 24 CFR, Part
85.25 of the Common Rule. Program income is defined as gross income received by the sub - grantee or sub - recipient directly
generated by a grant- supported activity, or earned only as a result of the grant agreement. Program income includes, but is not limited
to: 1) Fees and donations collected from participants on public service programs; 2) Applicable bid fees from construction or
rehabilitation activities; 3) Principal and interest collections 4) on loans made with CDBG funds; 5) Fees from the use or rental of
real or personal property; and 6) Proceeds from the disposition of property purchased or improved with CDBG funds. Program
income must be recorded as revenues in the CDBG cost center of the Operating Department/Agency's General Ledger. If applicable
and upon receiving approval from the City, the program income 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 Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the
expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper
accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be
limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records
documenting procurement of goods and services; 3) Contracts for goods or services; 4) Lease or Rental Agreements; 5) Invoices; 6)
Billing Statements; 7) Cancelled Checks; 8) Timecards signed by employees and supervisors; 9) Personnel Authorization Records;
10) Payroll Registers; 11) Payroll Tax Records; 12) Bank Statements; 13) Bank Reconciliations; and 14) Documentation to support
the allocation of costs.
Payroll and Attendance Records:
The Operating Department/Agency must maintain payroll and time attendance records signed by the employee and approved by the
supervisor. Time distribution records must reflect total work time on a daily basis by program and/or funding source, as applicable.
Payroll and Attendance Records II:
The Operating Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the
expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper
accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be
limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records
documenting procurement of goods and services; 3) Contracts for goods or services; 3) Lease or Rental Agreements; 4) Invoices; 5)
Billing Statements; 6) Cancelled Checks; 7) Timecards signed by employees and supervisors; 8) Personnel Authorization Records; 9)
Payroll Registers; 10) Payroll Tax Records; l l) Bank Statements; 12) Bank Reconciliations; and 13) Documentation to support the
allocation of costs.
20
Exhibit A: Paae 3 of 3
By signing below, I acknowledge that I have read and understand all of the special conditions listed above.
Furthermore, I acknowledge that if I fail to comply with the conditions listed, the U.S. Department of Housing and
Urban Development (HUD) and/or the City may require the repayment of the funds received and/or forfeit receiving
future Community Development Block Grant (CDBG) funds.
J
IS-
Maricela Rios-Faus Date
Chief Operations Officer
21
8
S
I
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
APR 2.? 7n :q
Agenda Item No.
April 27, 2010
�- A
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:
Ci of "'Ne oar Beacti> o com lete `a O Development (HUD) requires the
The U.S Department of Housing and Urban
iy wp _ p
ne -Year Action Plan to receive funds
under the Community Development Block Grant (CDBG), program. The 'One-
Year Action Plan (Action Flan) 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-1 hsf``of acties the City will' assist with CDBG funds during the
upcoming 20&-20111 fiscal year. The City's entitlement grant amount for this
year is $3851189.
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.
P06-
C741b
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 2
DISCUSSION:
The City of Newport Beach's 2010 -2011 Five -Year Consolidated Plan proposes a
strategic vision for housing and community development in the City. The plan
ensures that citizens within the community have an overview of Newport Beach's
housing and community development issues; the annual goals, objectives, and
actions proposed to address the City's needs; and the specific projects proposed
to carry out those goals and objectives.
According to HUD regulations, the City must also submit an Annual Action Plan,
at least 45 days prior to the beginning of each program year. The City of
Newport Beach operates on a fiscal year from July 1st through June 30th.
Citizen Participation
In accordance with the Citizen Participation Plan, on March 20, 2010, staff
published a notice in the Daily Pilot informing the general public that the City of
Newport Beach had prepared the Draft 2010 -2011 Action Plan and that such
would be available for review and comment until April 27, 2010. The public was
provided an opportunity to provide oral and /or written comments on the One -Year
Action Plan and the proposed activities. To date, no public comments have been
received.
In addition, the Citizen Participation Plan requires that a public hearing be held to
receive testimony from interested residents or parties regarding the One -Year
Action Plan. Tonight's public hearing fulfills the requirements for the public
hearing.
Funding Strategies
The Consolidated Plan serves as the basis of funding strategies for the five year
period (2010 -2014) covering the Consolidated Plan. The One -Year Action Plan
is the implementation component of the Five -Year Consolidated Plan. In
accordance with HUD requirements, the One -Year Action Plan is submitted to
HUD as an annual report outlining the proposed use of CDBG funds prior to the
beginning of the Program Year. It describes how the City will utilize the new
CDBG funds to undertake programs and projects that will help the City meet the
goals and objectives identified in the Strategic Plan chapter of the Consolidated
Plan. The 2010 -2011 Action Plan is the first One -Year Action Plan submitted
under the new 2010 -2014 Consolidated Plan.
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 3
The City has the option to fund fair housing services as part of the public service
grants (subject to the 15% maximum allocation) or as part of the general
administration funds (subject to the 20% maximum allocation). In order to make
more funds available for public service projects, the City has elected to use
administration funds to pay for these services.
Notice of 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 grants for Fiscal Year 2010 -2011, requesting a total of $106,500. In
addition, one (1) public facilities rehabilitation project application was submitted
by the CDM Community Aquatics Facilities Foundation requesting $43,950, and
the City's Planning Department submitted an application for a Utility Assessment
District Connection Grant Program for low- income owner- occupants for $50,000.
Following is a summary of the CDBG Grant Applications and staff
recommendations to the City Council.
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 4
Summary of Applications
The following information includes a brief description of the CDBG Grant
Applications Received:
Program /Project Amount Requested
Human Options $20,000
Human Options Community Resource Center provides services for battered
women and their children. They provide safety, short- and long -term shelter and
transitional housing, crisis intervention, individual and group counseling,
supportive services, legal advocacy and specialized treatment options for adults
and children. Human Options also provides 52 -week batterer's treatment groups
for the abuser - serving approximately 160 -180 individuals (75% men and 25%
women) annually. In addition, the community education and violence prevention
program presents to children and youth, from kindergarten through high school
and college. Human Options estimates serving 30 unduplicated Newport Beach
residents.
(Meets Funding Strategy: Special Needs Strategy 1)
Age Well Senior Services — Home - Delivered Meal Program $28,500
South County Senior Services, Inc (SCSS) officially became Age Well Senior
Services on January 4, 2010. Age Well Senior Services will provide home -
delivered meals to homebound senior citizens (aged 60 years or older) who are
unable to prepare meals from themselves due to age, illness, or disability.
Participants will receive three (3) subsidized daily meals Monday through Friday.
Age Well Senior Services, Inc program estimates serving 145 unduplicated
Newport Beach residents.
(Meets Funding Strategy: Senior Services Strategy 1)
Serving People in Need (SPIN) $15,000
The SPIN Substance Abuse Recovery Program (SARP) provides access to
recovery programs to homeless and low- income individuals who cannot afford it
otherwise. SPIN pays for rent in a recovery home with which SPIN works while
the client seeks employment. Case management includes counseling, and
supplemental services focused on employment, medical assistance, and legal
assistance. Funds will be used for case management, shelter costs, and
operational costs. SPIN estimates serving 8 unduplicated Newport Beach
residents and 250 Orange County residents overall.
(Meets Funding Strategy: Special Needs Strategy 1)
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 5
Families Forward. $15,000
The Families Forward Transitional Housing Program (THP) transitions struggling
families from crisis to stability and self sufficiency. THP has five primary goals,
each of which supports the program's overarching goal of achieving familial self
sufficiency. Goals for the program include: families in need will be linked with
appropriate supporting resources, anxiety and levels of depression will decrease,
families will increase key life skills, families will increase their annual income,
families will be able to secure and maintain housing. Families Forward estimates
serving 135 unduplicated Newport Beach residents and Orange County residents
combined overall.
(Meets Funding Strategy: Homeless Strategy 1)
Share Our Selves Medical and Dental Clinics $25,000
This program will provide primary/urgent care on a daily walk -in basis, chronic
care, and specialty care by appointment to uninsured Orange County residents
and patients in the County MSI Program. In addition, SOS provides bridge
medical care to patients who qualify for medical insurance programs and are
waiting to be placed in an appropriate medical home or who will not qualify but
who reside far from SOS and therefore need to establish a medical home closer
to home. Full scope primary care /urgent care clinics are committed to true open
access for those lacking a more traditional medical home. SOS anticipates
assisting 275 low- and moderate - income Newport Beach residents.
(Meets Funding Strategy: Public Services 1)
American Lung Association Senior Lung Health Program $8,000
This program will offer "The Best Things in Life are: Breathing and Lunch" series
offering four quarterly workshops throughout the year for senior residents. Each
workshop brings essential lung health tools and information directly to seniors
and empowers them to make healthy life choices to manage and improve their
.lung health. The ALA also involves various public and private partners and
agencies to educate and serve the elderly population. ALA anticipates serving
120 Newport Beach seniors.
(Meets Funding Strategy: Senior Services 1)
Fair Housing Council of Orange County $14,880
The Fair Housing Council of Orange County (FHCOC) will provide fair housing
education, counseling, and enforcement services to current or potential Newport
Beach residents, coupled with landlord /tenant counseling services. These
services impact and benefit target CDBG areas and the City's extremely -low to
moderate income population. They help counteract unlawful housing
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 6
discrimination and assist CDBG target areas in reducing blight. FHCOC
facilitates the opportunity for landlords and tenants to correct wrongful housing
policies or behavior. It is estimated that, in Newport Beach, this program will
address 2 allegations of housing discrimination that result in the opening of a
case file, and address about 780 landlord /tenant disputes, issues or concerns
arising from about 215 unduplicated households.
(Meets Funding Strategy: Housing Strategy 2)
CDM Community Aquatics Facilities Foundation $43,950
The first three phases of the renovation project to update and upgrade the
aquatics center located on campus of Corona del Mar High School, known as the
Marian Bergeson Aquatics Center, have been completed. The fourth phase of
the renovation will upgrade the existing 20 year old restrooms and showers to
comply with current ADA requirements. The proposed renovation will maximize
access to all components of the MBAC. The fourth (4t') phase includes the
removal of barriers to disabled access to ensure that the facility is readily and
easily accessible to, and serves the needs of, the very broad and diverse client
base which uses MBAC. This project will benefit disabled low- and moderate -
income eligible residents throughout the City by providing an ADA complaint,
accessible, and world -class aquatics complex.
(Meets Funding Strategy: Special Needs 1)
City of Newport Beach — Utility Assessment Dist. Grant Program $50,000
The City is concerned about the impact on low- and moderate - income owner -
occupants located within proposed utility undergrounding Assessment Districts in
the City of Newport Beach. In order to reduce the financial burden of an
Assessment District, the City proposes a grant program to cover a portion of the
cost of utility hook -ups to income - qualified owner - occupants within the District(s).
Households that cannot afford to pay for the necessary hook -ups after utilities
have been undergrounded could potentially be left without electricity, thereby
creating a health and safety concern for residents. With CDBG funds, the City
expects to assist 10 or more low- and moderate - income owner- occupants with
utility hook -ups to the new underground utilities to be installed as: part of the
assessment district(s).
(Meets Funding Strategy: Housing Strategy 2)
Summary of Programs /Projects not subject to the NOFA
The following information includes a brief description of the CDBG
Programs /Projects that are recommended to the City Council that were not
subject to the NOFA.
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 7
Program /Project Amount Requested
City of Newport Beach — Section 108 Loan Repayment $199,346
Funds for this activity will be used to repay the City's Section 108 Loan. The loan
was used to partially fund public improvements to the Balboa Target Area totaling
$8 million. The scope of work includes the Balboa Village Pedestrian and
Streetscape Plan, Street Improvements to Balboa Boulevard, Pier Parking Lot,
Pier Plaza and Lot A connecting access to Main Street.
City of Newport Beach — CDBG Administration $60,000
The CDBG Administration program will pay for City staff salaries and consultant
fees to administer the CDBG program, prepare required reports, monitor sub -
recipients, prepare the 2009 -2010 CAPER, the 2011 -2012 Action Plan, and
ensure overall program compliance with the applicable federal regulations.
The 2010 -2011 Draft Action Plan
The 2010 -2011 Annual Action Plan will delineate the first (1 s) year of the 2010-
2014 Five -Year Consolidated Plan. The Action Plan contains Federal, State, and
Local programs available to meet many of the Funding Strategies identified
above. For fiscal year 2010 -2011, the City of Newport Beach will receive
$385,189 in Community Development Block Grant (CDBG) funds. Attached for
City Council consideration is a draft copy of the 2010 -2011 Annual Action Plan,
including all projects and activities that staff recommends funding for FY 2010-
2011.
Draft copies of the plan have been made available to the public at the City of
Newport Beach Planning Department, City Clerk's office and the Central Newport
Library. The public review and comment period commenced on March 20, 2010
and continued through April 27, 2010. The deadline for submitting the City's
Action Plan to HUD is May 15, 2010.
Fundina Rationale
CDBG regulations limit the amount of funding that can be used for public service
activities to fifteen percent (15 %) of the program years 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.
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 8
Funds A.varlatile °four 2010 2097yAct�ori;�l`anlPects',:
�`" ' .� � y .t
SOURCE,
I AM,OUFIT
2010 -2011 CDBG Entitlement
$385,189
Unallocated CDBG Funds (Prior Year)
$5,149
CDBG Program Income
$0
All other forms of CDBG
$0
TOTAL
$390,338
Taking into consideration the level of funding available, the amount of funding
requested, past performance and proposed accomplishments, anticipated benefit
to Newport Beach residents, and City priorities, staff recommends that the City
Council approve CDBG funds for the following activities:
;PUBLICtSERVICES
�`" ' .� � y .t
Age Well Senior Services — Home Delivered Meals Program
$20,000
Families Forward — Transitional Housing Program
$10,000
Human Options — Community Resource Center
$4,600
Serving People in Need — Substance Abuse Rehab Program
$10,000
Share Our Selves — SOS Free Medical and Dental Clinics
$9,000
s CAPITAL IMPROVEMENTS
City of Newport Beach — Utility Assessment District Grant Program
$65,922'
City of Newport Beach — 108 Loan Repayment
$199,346
r`PROGRAM ADMINISTRATION'.`
: `' ;[ r, ,
City of Newport Beach — Program Administration
$60,285
Fair Housing Services
$11,185
TOTAL: =
z._._
' $39U 338
.?
Given the level of funding available, the amount of funding requested, past
performance and proposed accomplishments, anticipated benefit to Newport
Beach residents, and City priorities, staff did not recommend funding for the CDM
' This funding level is higher than the original $32,938 included in the Public Review draft of the
Action Plan. The additional funds are available as a result of the release of the final CDBG
allocations from HUD subsequent to the publication of the Public Review draft of the Action Plan.
The additional funds allow the City to fully fund the Utility Assessment District Grant Program.
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 9
Community Aquatics Facilities Foundation and the American Lung Association
Senior Lung Health Program.
The CDM Community Aquatics Foundation request for funding to assist a portion
of the 4w 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
borne 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.
FY 2010 -2011 CDBG One -Year Action Plan
April 27, 2010
Page 10
ENVIRONMENTAL REVIEW:
Not subject to CEQA, as the activity is not a project, as defined in Section
15378(b)(4).
PUBLIC NOTICE:
Notice of the public hearing was published in the Daily Pilot on March 14, 2009.
FUNDING AVAILABILITY:
HUD released its final CDBG allocation for the 2010 -2011 Fiscal Year
subsequent to the release of the Public Review Draft of the 2010 -2011 Action
Plan. The City will receive a 2010 -2011 allocation of $385,189 in CDBG Funds.
Prepared by:
thlyn Bowde ICP
/Economic Developmeni Coordinator
Submitted by:
4 4, , , ,
Sharon Wood
Assistant City Manager
Attachments: Draft One -Year Action Plan and Resolution
CITY COUNCIL RESOLUTIONNO.2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING THE ANNUAL ACTION PLAN WHICH IS PART OF
THE CONSOLIDATED PLAN, AND THE PROJECTED USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FOR FY 2010 -2011, AND
SUPERCEDING ALL PREVIOUS RESOLUTIONS WHICH ARE
INCONSISTENT THEREWITH.
WHEREAS, the City of Newport Beach participates in the Department of Housing and
Urban Development's Community Development Block Grant (CDBG); and
WHEREAS, the City of Newport Beach anticipates receiving $385,189 in CDBG funds
for fiscal year 2010 -2011; and
WHEREAS, on August 26, 2009, the City of Newport Beach's Planning Department
conducted a Community Meeting with Newport Beach residents and community based
organizations to evaluate the current level of services offered and to identify any new community
needs; and
WHEREAS, the Department of Housing and Urban Development (HUD) requires the
City to prepare a 5 -year "Consolidated Plan" document for the CDBG program and the 2010-
2014 Consolidated Plan was adopted by the City Council on April 27,2010; and
WHEREAS, the Annual Plan is an integral part of the Consolidated Plan; and
WHEREAS, on December 12, 2009, the City published a Notice of Funding Availability
(NOFA) in the Daily Pilot newspaper to announce the availability of CDBG funds and solicit
proposals for tax- exempt nonprofit organizations that provide eligible CDBG services or projects
that benefit Newport Beach; and
WHEREAS, on March 20, 2010, the City published a public notice in the Daily Pilot
newspaper indicating that the draft Action Plan would be available to the public for review and
comment from March 20, 2010 to April 27, 2010; and
WHEREAS, on April 27, 2010, the City Council approved the draft Action Plan and
budget, including amendments to respond to the comments that are presented at the hearing; and
WHEREAS, the City Council has considered the community needs, priorities, and
strategies set forth in the Consolidated Plan and the Housing Element of the General Plan and
concludes the proposed allocation of $385,189 in fiscal year 2010 -2011 CDBG funds is
consistent with the Consolidated Plan and Housing Element; and
WHEREAS, pursuant to Section 15378 of the State CEQA Guidelines, the proposed
project is exempt from the requirements of CEQA.
NOW, THEREFORE, the City Council of the City of Newport Beach DOES HEREBY
RESOLVE as follows:
SECTION 1. The Action Plan outlining the City's housing and community development
needs, priorities and strategies for FY 2010 -2011 is hereby adopted, and the City Council DOES
HEREBY AUTHORIZE the City Manager to be the official representative of the City of
Newport Beach to submit the Action Plan and certification required to HUD, including any
modifications to allocations necessary to conform the allocations to HUD's final 2010 -2011
CDBG grant allocations and currently unallocated funds in the City's account with HUD..
SECTION 2. That the City Council DOES HEREBY AUTHORIZE the City Manager, or
his/her designee, to execute the FY 2010 -2011 CDBG Program Grant Agreement and all related
documents on behalf of the City.
SECTION 3. That the City Council DOES HEREBY AUTHORIZE the Economic
Development Coordinator of the Planning Department, or his/her designee, to be the official
representative of the City of Newport Beach to submit required environmental documentation for
CDBG projects.
PASSED AND ADOPTED by the City Council of the City of Newport Beach at a regular
meeting held on the 27th day of April 2010.
MAYOR OF THE CITY OF NEWPORT BEACH
attest:
CITY CLERK OF THE CITY OF NEWPORT BEACH
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF NEWPORT BEACH
I, LEILANI BROWN, City Clerk of the City of Newport Beach, HEREBY DO CERTIFY
that the foregoing resolution was duly adopted at a regular meeting of the City Council of the
City of Newport Beach, held on the 27th day of April 2010.
AYES: COUNCILMEMBERS:
2
K�14�(yIIl &IMR M Mg
ABSENT: COUNCILMEMBERS:
CITY CLERK OF THE CITY OF NEWPORT BEACH
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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 -
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 1. EXECUTIVE SUMMARY
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;
• Providing a suitable living environment; and
• Expanding economic opportunities.
The City develops a Consolidated Plan every five (5) years to ensure that the funds are
used to meet the most urgent community needs. The City developed a community
needs assessment as part of the 2010 -2014 Consolidated Plan. The needs assessment
includes quantitative and statistical research, resident survey results, and input from
local non - profits and service agencies. Based on the needs assessment, the City
compiled a list of goals and objectives to meet the community's needs in a Strategic
Plan. The objectives address housing, homeless, and other community development
needs. A summary of the current strategic plan is included in this Plan. Together, the
community needs assessment and the Strategic Plan form the Consolidated Plan.
In accordance with HUD requirements, the One -Year Action Plan will be submitted to
HUD at least 45 days prior to the beginning of the 2010 -2011 Program Year.
One -Year Action Plan for 2010 -2011 Program Year
The City's Economic Development Division is responsible for developing the annual
action plan and administering the programs included in the plan. This department made
efforts to include all community stakeholders in the development of the action plan.
Appendix "Co 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:
Funds "Available for, 2010;2011 Acdon'Pfan Prdjects M
VIM' -. -
AMOUNT . `-
2010 -2011 CDBG Entitlement
$385,189
Unallocated CDBG Funds (Prior Year)
$5,149
CDBG Program Income
$0
All other forms of CDBG
$0
TOTAL
$390,338
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1.1
REVISED 04/19/10
EXECUTIVE SUMMARY
Use of CDBG Funds
,�IPUBLIC SERVICES ,'_
Age Well Senior Services — Home Delivered Meals Program
$
20,00 0
Families Forward — Transitional Housing Program
$
10,000
Human Options — Community Resource Center
$
4,600
Serving People in Need — Substance Abuse Rehab Program
$
10,000
Share Our Selves — SOS Free Medical and Dental Clinics
$
9,000
CAPITAL<IMP_ROYEMEN.T,S. : "' " '
"I
1
City of Newport Beach — Utility Assessment District Grant Program
$
65,9221
City of Newport Beach —108 Loan Repayment
$ 199,346
PR`OGRAM,ADMINIST.RATION
City of Newport Beach — Program Administration
$
60,285
Fair Housing Services
$
11,185
TOTAL %, r `f
s
39
7 $0;338;
'Project budget amount $60,773 plus Unallocated CDBG Funds $5,149.
Request for Proposals
The City published a Notice of Funding Availability (NOFA) on December 12, 2009 in
the Daily Pilot newspaper. The City also made the CDBG application available on the
City website and mailed applications to agencies receiving funds in the current year as
well as those that had expressed interest. Agencies were given until January 20, 2010
to submit proposals. In response, six (6) public service providers, one (1) housing
provider, one (1) non - profit community service provider, and one (1) City Department
submitted applications for CDBG grants for Fiscal Year 2010 -2011. The following
organizations were involved in this process:
• Age Well Senior Services
• American Lung Association
• Fair Housing Council of Orange County
• Families Forward
• Human Options
• Serving People In Need
• Share Our Selves
• CDM Community Aquatics Facilities Foundation
• City of Newport Beach — Economic Development Division
Citizen Participation
The draft One -Year Action Plan was made available to the general public for a period of
30 days prior to holding the City Council public hearing in order to provide residents or
agencies the opportunity to review the recommendation for funding. In compliance with
the City's approved Citizen Participation Plan and CDBG implementing regulation 24
CFR 92 -105, a Public Notice was published to solicit public comments from interested
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1.2
REVISED 04/10/10
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
comments were received from the Public.
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 (6) public service agencies one (1J l6using.proyi ier, „and
Glty Department 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 additional oral comments from the public on the 2010 -2011 Action Plan.
The City is committed to the participation of minorities, non - English speaking persons,
and persons with disabilities in the Consolidated Plan process. Wherever a significant
number of extremely low- and low- income persons speak and read a primary language
other than English, translation services at all public hearings are provided in such
language if translation services are available and are requested in advance at least 72
hours prior to the public meeting.
Consultation
In addition to the NOFA and the mailed applications, the City met with the Planning
Department to determine needs and strategies within the City's organization.
2010 -2011 CDBG Allocations
The table below illustrates how the City will use the 2010 -2011 CDBG allocation to meet
the HUD - mandated priority need categories:
VAJ ”
" +NU RIOIWI�7'j; NEED; A'rE60 ES•
, •� �'s c� .�• �
90-W20 1
U0I.G
2010. 011
_PEKOE :
Housing
$ 77,107
20 %G
Seifot'Services
26;'0604,
Special Needs/Non- Homeless
$ 14,600
3.5%
Homeless and'HWAIDS
10`,0001
' °` 2 6 ?A-;
Public Services
$ 9,000
2%
_ �`'; .. -ti
Public F-acilibbsAnfrastructure
E. 1$'199 ;34;6_
` _� -_�•. 52/0,
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:
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -3
REVISED 04/18/10
EXECUTIVE SUMMARY
HOUSING
SYearSrtrate9Y ` .t ' °'s n M °° n e
s a s s
,Expand the supply of affordable rental arui /homeown ership ggusing opportunitles3"
'Performances =Five =Year
Outcome /t)blectiye n t�xpannetl "I�
l
DutcomelOblective
1.
PlannedAetivitil ;s
P_ 'ff mattce
a
Five Year
°
20;10.
Statements'
M r
v Indicator
Goals -
Housing Units
2,000
400
Units
Acquisition of Affordability
Accessibility I Decent
Housing Rehabilitation Programs
Covenants on Rental Properties
Housing Units
34
0
21
(North Newport Center & Santa
Utility Connection Programs
Barbara Condominiums)
Affordability /Decent
Fair Housing Program
People
1,000
Affordable Housing
Construction of Multi- Family
Affordable
Housing Units
68
0
Housing Units
(Airport Area Conexant)
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1.4
REVISED 04/18110
5 Year Sttategy
Preserve and Fimprove the existing housing stack and ensure equalFaccess 5
'Performances =Five =Year
Outcome /t)blectiye n t�xpannetl "I�
l
f lA�ctivtties «
° -,Nndicato�° Goal 4 20A0
Statements; s
:r
Section 8 Housing Choice
Voucher and Rent - Restricted
Housing Units
2,000
400
Units
Accessibility I Decent
Housing Rehabilitation Programs
Affordable Housing
Housing Units
21
7
Utility Connection Programs
Fair Housing Program
People
1,000
200
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1.4
REVISED 04/18110
1. EXECUTIVE SUMMARY
SENIOR SERVICES
5 Year Strategy
Provide quabty supportive services so tilde iy residentslcan Irvelas mdependentiy a "s possible; +'
Melp persons with special'needs'hve' as independently asipossible
.,V
Outcome /Obiectiv`e
) , Planned Acfrvl�es:
Performance
y` Outcome /ObiecYwe
`-
2010
5 Statements
Frye Year
Indrea
Statements ti
planneil'Actrvities
e;Pertormahce
Indreatof
Qoalsl
2d, .
',
I
a'
r
Battered and Abused Spousal
Programs
General Senior Programs
Food & Essential Services
Information and Referral
Referral and Case Management
People
Accessibility /Suitable
Programs
Services
People
500
100
Living Environments
Accessibility / Suitable
placement for persons with
Food and Essential Services
Living Environments
Disabilities
Senior Transportation Services
Upgrade Public Facilities with
SPECIAL NEEDS /NON - HOMELESS
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -5
RE VISEO 04/19/10
Melp persons with special'needs'hve' as independently asipossible
Outcome /Obiectiv`e
) , Planned Acfrvl�es:
Performance
Frye =Year
`-
2010
5 Statements
Indrea
Goals
;or`;
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
8
Services
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -5
RE VISEO 04/19/10
1. EXECUTIVE SUMMARY
HOMELESS AND HIV /AIDS
15- YearSt`rategy
Support aicontinuum of services in support of the CiTyrs`,and Countyls effort to end
0, le_ss,akd �mpYOye theiquahTy of life,for persons living with HIVIAIUS
Outcome /Objective
--
.Performance
Five -Year
2010`
Statements ° _
Planned Activities
w
Indicator
Goals
I .
2010.,
rc• *_
Homeless Prevention Programs
General Public Service Programs
Transitional Housing
Employment and Other Training
Emergency Shelter to Victims of
Programs
Domestic Violence
Food and Essential Services
Accessibility / Suitable
People
500
100
Living Environments
Living Environments
Transitional Housing and Support
Family Services
Services for Victims of Domestic
Health Services
Violence =
Youth Services
Case Management and Other
Services
PUBLIC SERVICES
�B Year,StrategyA<
ConEnbutgitolthe
_ b
� �
wellbemgvbf indivlduaPs famdies land neighborhoods
_ 11_ _x _ _ „•, s
Outcome /Objective '
¢ v: °^
,Performance
Fnre;Year
'
Statements"
Planned Acbvitje5
�»
Indlcafor
Goals
2010.,
rc• *_
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 BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -9
REVISED 04/19/10
1 . EXECUTIVE SUMMARY
PUBLIC FACILITIES
5 Year Str'ategyi , . y', .; > .•- � � •<
Provide access to local public facilities that contribute to'commuri ify and, •- ,
nelghbiortjood development "_ ,
Outcome) 'blective
Planned Activities
Performance
Frye =Year
201,0
Statements=
Indicator
'Goals.
"'
,
52%
Create Economic Opportunities
Sustainability I Suitable
Section 108 Loan Repayment —
public Facilities
5
1
Living Environments
Balboa Village Improvements
CDBG funds for the 2010 -2011 program year will be allocated among the following
national HUD outcomes for the three HUD objectives:
�f
11DOBJECT,V X!,r��
'£
V.IYIL: -S'Y '
—
N E. JSI M
F C7AB I�
9, fr A T
Provide Decent Affordable Housing
20 °/D
Create Suitable Living Environments
28 °/D
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 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
1. EXECUTIVE SUMMARY
meals to homebound seniors. These programs will increase the suitable living
environment of 315 low /moderate income persons:
• Age Well Senior Services — Home Delivered Meals
• Families Forward— Transitional Housing Program
• Human Options — Community Resource Center
• Serving People in Need (SPIN) — Substance Abuse Treatment
• Share Our Selves — SOS Free Medical and Dental Clinics
Increasing the Availability and /or Accessibility of Economic Opportunities is an on -going
endeavor as the City continues to eliminate blight, improve deteriorated properties and
preserve the community infrastructure in order to provide economic empowerment in
Balboa Village. The improvements in Balboa Village ultimately improve economic
opportunities for low- income persons and increase the range of housing options and
related services for persons with special needs. During the 2010 -2011 program year,
the City will use a portion of the CDBG funds to pay the debt on a prior CDBG loan that
was the catalyst to improve the Balboa Village area:
D City of Newport Beach — Section 108 Loan Repayment
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1.8
REVISED 04/18/10
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 2e STRATEGIC PLAN
2. STRATEGIC PLAN
Overview
The following is a summary of the Five -Year Strategic Plan and how the activities
proposed for the upcoming program year will work toward achieving the goals included
in the Strategic Plan. The full version of the Strategic Plan is in the City's 2010 -2014
Consolidated Plan and can be obtained from the City's Economic Development
Division.
The strategic plan goals are divided between Newport Beach program objectives and
HUD - specified objectives. The Newport Beach program goals were developed based on
the specific needs found within the community. The HUD - specified goals are mandated
by the federal government and designed to meet common needs found in communities
throughout the country. An activity may appear more than once given that some local
and federal goals overlap. All activities proposed for the 2010 -2011 program year will
strive to serve low- and moderate - income persons or households. No activities will seek
eligibility under the "urgent need" national objective.
Newport Beach Program Objectives
Housing Funding Priorities and Strategies:
1. Increase supply of housing units affordable to moderate- income households
through new construction.
2. Increase acquisition of affordability covenants on rental properties.
3. Maintain existing level of Section 8 housing vouchers and rent - restricted units
within the City.
4. Increase housing rehabilitation to prevent deterioration of property and
maintain affordable decent housing.
5. Ensure universal access to fair housing choice within the city.
Senior Services Funding Priorities and Strategies:
1. Increase and improve supportive services to elderly residents through senior
programs.
Special Needs /Non- Homeless Funding Priorities and Strategies:
1. Increase accessibility of persons with disabilities to public facilities.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -1
REVISED 04/18110
2. STRATEGIC PLAN
2. Increase supportive services for battered and abused persons due to
domestic violence.
3. Increase supportive services for persons suffering from substance abuse.
Homeless and HIV /AIDS Funding Priorities and Strategies:
1. Preserve the supply of emergency and transitional housing.
2. Improve services for homeless persons and prevent those at -risk of becoming
homeless from losing their housing.
3. Improve services for women and children who are homeless because of
domestic violence.
4. Improve quality of life for persons living with HIV /AIDS.
5. Increase case management and other services.
Public Services
1. Increase accessibility to general public services for the purpose of creating
suitable living environments.
2. Increase availability of employment and other training programs.
3. Improve accessibility of food and essential services for the well -being of
individuals.
4. Increase accessibility to family and health services for the purpose of creating
suitable living environments.
Public Facilities
1. Sustain local public facilities for the purpose of maintaining suitable living
environments.
2. Preserve community infrastructure in order to provide economic
empowerment in targeted neighborhoods.
HUD - Specified Program Objectives
1. Address Obstacles to Meeting Needs
2. Foster and Maintain Affordable Housing
3. Remove Barriers to Affordable Housing
4. Reduce Poverty
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2.2
REVISED 04/19110
2. STRATEGIC PLAN
5. Develop Institutional Structure
6. Enhance Service Delivery
7. Address Threat of Lead Paint
8. Improve Public Housing
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011.
REVISED 0411 O /10
2. STRATEGIC FLAN
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.
o 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 (Al).
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -4
REVISED 04/19/10
2. STRATEGIC PLAN
The Fair Housing Council provides services above what is typically considered
housing discrimination. In the coming year, the organization will address
discrimination in the following areas:
• Lending Practices: While data and study has not shown discrimination in lending,
efforts have not been proactive.
• Insuring Practices: Some insurance companies may be targeting certain zip
codes for higher rates of denial or different terms and conditions for insurance
coverage.
• Outreach and Education: A lack of a standard in the fair housing education
system may leave gaps in communities. In addition, some immigrant populations
may not be aware of the right to fair housing.
• Public Policies /Programs: A lack of coordination among cities in the region in
regards to their planning activities may have an adverse effect on fair housing
efforts on a regional basis.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2.5
REVISED 04/10/10
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:
e 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 2.6
REVISED 04119/10
2. STRATEGIC PLAN
4. Assist battered women and children
Domestic violence may not be as visible in Newport Beach as in surrounding
communities, but the City still views people with special needs as an important issue
that is a high priority to be addressed.
In the 2010 -2011 program year, the City has recommended funding for the following
activity to help address the special needs of persons in and around Newport Beach:
o Human Options Community Resources Center $4,600
5. Provide and improve public services to contribute to the well -being of families
and neighborhoods
The City will continue its efforts to provide and improve public services to its
residents. The City has identified a need for health services assistance to persons
who cannot afford medical and dental insurances. This upcoming year the City has
recommended funding for Share Our Selves, a non -profit organization that provides
primary/urgent care on a daily walk -in basis, chronic care, and specialty care by
appointment to uninsured Orange County residents and patients in the County MSI
Program. This activity will provide a service to persons in need of medical and
dental care.
In the 2010 -2011 program year, the City has recommended funding for the following
activity to help address needed public services in and around Newport Beach:
Share Our Selves SOS Free Medical and Dental Clinics $9,000
CITY OF NEWPORT REACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -7
R E VISEO 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
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:
Families Forward Transitional Housing Program
are located within
The City will work
FY 2010 -2011 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 2010 -2011 to meet this goal:
D 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 $4,600
• Families Forward Transitional Housing Program $10,000
4. Improve support services to HIV /AIDS population.
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 2DIO -2011 PAGE 2.8
REVISED 01119/10
2. STRATEGIC PLAN
Newport Beach Program Objectives: Community Development
1. Sustain public facilities to eliminate blight, blighting influences, and prevent
the deterioration of property.
The City has completed the work detailed in the Balboa Village Pedestrian and
Streetscape Improvement Plan. CDBG funds were used to secure a Section 108
loan, which was used in conjunction with City parking funds to fund the
improvements. The City expects the project to stimulate private economic
investment in the area. In other CDBG Target areas, the City will rely on code
enforcement activities to identify deterioration in its early stages.
o City of Newport Beach Section 108 Loan Repayment $199,346
2. Preserve community infrastructure to provide economic empowerment in
targeted neighborhoods
In FY 2010 -2011, the City will use CDBG to repay the loan used for the Balboa
Village Pedestrian and Streetscape improvements and provide other funding
sources to fund code enforcement officers to identify deterioration in its early stages.
O City of Newport Beach Section 108 Loan Repayment $199,346
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -9
REVISE, 04/19/10
2. STRATEGIC PLAN
HUD - Specified Program Objectives
1. Address Obstacles to Meeting Needs
The housing and community development process is lengthy and complex. A wide
range of obstacles often hamper new development HUD asks local governments to
formulate a plan to mitigate these obstacles. The City has identified the lack of
developable sites, high land costs and limited funding as obstacles to affordable
housing. Other obstacles in non - housing community development include NIMBY-
ism (Not in My Backyard), lack of organizational capacity, and lack of available
funding.
In response, the City has adopted policies to overcome some of these obstacles. In
regard to affordable housing, the City encourages affordable housing production by
providing density bonuses to interested developers and through the inclusionary
zoning requirements. The City will work closely with affordable housing developers
to expedite the permitting process in order to cut costs.
In regard to non- housing obstacles, the City will facilitate community involvement to
increase understanding of community needs and the possible solutions to meet
those needs. The City will maintain close partnerships with service providers and
other community development professionals to identify and correct issues such as
lack of capacity and resources.
2. Foster and Maintain Affordable Housing
As stated above, the City has identified the lack of developable sites, high land costs
and limited funding as obstacles to producing affordable housing. However, within
the Newport Beach Sphere of Influence, there may be additional options for future
residential development. The Bay Knolls and Santa Ana Heights areas were
annexed by the City in 2006. As a result of the annexation, the City will explore
opportunities for increasing the City's affordable housing supply in these areas.
Toward the end of the 2010 -2014 Consolidated Plan cycle, additional affordable
units will be created. The City continues to monitor and enforce affordability
covenants on affordable housing projects throughout the City. This includes not only
housing units developed with federal funds, but also all units with an affordability
covenant in place.
3. Remove Barriers to Affordable Housing
The City will continue to implement the following procedures and programs:
Monitor all regulations, ordinances, departmental processing procedures, and
residential development fees to ensure these requirements do not excessively
constrain affordable residential development.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -10
REVISED 04/19/10
2. STRATEGIC PLAN
Continue to offer density bonus incentives for the development of affordable
housing pursuant to state density bonus requirements and the City's General
Plan Housing Element.
Partner with the Fair Housing Council of Orange County to provide tenant and
landlord counseling to provide fair housing opportunities for Newport Beach
residents.
4. Reduce Poverty
Almost all of the City's funded programs are aimed at helping a family or individual
increase or maintain their self - sufficiency. For example, the Age Well Senior
Services' Mobile Meals Project supports self - sufficiency of seniors and persons with
disabilities.
In the 2010 -2011 program year, the
City will fund the following activities that will
directly contribute to reduction of poverty
levels in Newport Beach:
• Age Well Senior Services
Home Delivered Meals
$20,000
• Human Options
Community Resources Center
$4,600
• Serving People In Need (SPIN)
Substance Abuse Rehabilitation
$10,000
• Families Forward
Transitional Housing Program
$10,000
5. Develop Institutional Structure
The City relies heavily on its community partners in order to provide needed services
to area residents. Unfortunately, the City receives a relatively small allocation of
federal funds, of which only 15 percent can be provided to social service
organizations for the provision of services. City staff will work with organizations that
do not receive federal funds and provide a Certification of Consistency if the
proposed project reflects the goals and objectives of the City's adopted Consolidated
Plan.
li. Enhance Service Delivery (Including Monitoring)
The City continues to refine its internal procedures and build. its relationships with
partner agencies in order to provide the highest level of. service to the targeted
populations.
The City will also make efforts to ensure a high level of service from its sub -
recipients to further the current Five -Year Consolidated Plan and the One Year
Action Plan. These efforts start at the beginning of the program year with a technical
assistance meeting that covers program requirements, such as record keeping,
invoicing, and procurement. Throughout the program year, the City will review
payment requests and progress reports to ensure program compliance and provide
technical assistance when needed. It is the City's goal to provide on -site monitoring
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 241
REVISED 04/10110
2. STRATEGIC PLAN
to every sub - recipient at least once during the program year. The goal of the
monitoring is to ensure program compliance and improve the level of service.
In regard to capital expenditures, the City will ensure that procurements and project
administration comply with all federal, state, and local regulations, including
environmental review, prevailing wage requirements, and Section 3 requirements.
Long -term monitoring of capital expenditure projects is maintained through quarterly,
semi - annual and annual sub - recipient reports. The reporting requirements are
clearly defined in the applicable capital expenditure agreement and explained to
sub - recipients prior to the implementation of the agreement. The reports vary
according to the type of capital expenditure project such as housing and facilities.
Included in the agreement are other conditions including property standards, on -site
inspections, and funding requirements. Many of the capital expenditure agreements
for housing related activities contain affordability covenants to ensure the units are
made affordable through the period of affordability, made available to and occupied
by the target population, and appropriate size /type for the respective households.
The City reviews the reports submitted by capital expenditure sub - recipients to
ensure compliance of long -term capital expenditure projects. Additionally, the City
has annual site - inspections to ascertain compliance with housing codes and other
conditions of the capital expenditure agreement. Sub - recipients who are not in
compliance are put on a work out plan and monitored more frequently until the
project is in compliance with the applicable conditions and requirements specified in
the agreement.
7. Address Threat of Lead -Based Paint
Most cities that administer a residential rehabilitation program can make great
strides toward reducing the threat of lead -based paint in its housing stock. However,
the City does have a residential rehabilitation program so it must find other ways to
address lead -based paint hazards. In the upcoming year the City will take the
following actions:
o Work with agencies in a collaborative effort to secure funding and provide low -
cost training to testing and abatement contractors and workers.
C Monitor the lead- poisoning data maintained by the Orange County Department of
Health Services.
D 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 2DIO-2011 PAGE 2 -12
REVISED 04/10/10
2. STRATEGIC PLAN
participating jurisdictions meet at a minimum quarterly, often times monthly, to form
the Cities Advisory Committee to assist the Orange County Board of Supervisors
and the OCHA staff in accomplishing public housing goals. Newport Beach attends
the meetings regularly and provides input on the OCHA Annual Plan and
Administrative Plans. Although there are currently no public housing units in Newport
Beach, the City is committed to assisting OCHA in expanding affordable housing
opportunities within the City limits for Section 8 Voucher recipients and ensuring
OCHA goals are consistent with the City's Consolidated Plan and Housing Element.
9. Discharge Planning & Ending Chronic Homelessness
The Orange County Housing and Community Services Department (HCS) and the
Orange County Partnership are two of three lead agencies that facilitate the year
round Continuum of Care planning activities, including coordination of discharge
planning services throughout Orange County and other actions steps to end chronic
homelessness. Under the direction of HCS, the OC Partnership exists to develop a
countywide system that nurtures and strengthens the emergency shelter network
system by removing homeless persons from the streets to more viable living
accommodations. It also aims to build a program that offers homeless persons the
opportunity to reintegrate as contributing members of the community.
A major component of this effort is to coordinate how persons from various
institutions are discharged so that people aren't released into homelessness or
unsuitable living environments. HCS and the OC Partnership will work with
hospitals, homeless service providers, mental health institutions, public safety, and
others to develop discharge policies that help alleviate homelessness and not
contribute to the problem. The City will participate in the development and
implementation of the policies.
HUD defines a chronic homeless person as an unaccompanied homeless individual
with a disabling condition who has either been continuously homeless for a year or
more, or has had a least four episodes of homelessness in the past three years.
The City will continue working with the OC Partnership and HCS to implement the
following action steps, as part of the countywide effort to end chronic homelessness,
including:
Singe point of entry application which streamlines the entry process for homeless
persons into the countywide continuum of care system. The common application
makes it easier for homeless persons, especially the chronic homeless, to
access services.
Homeless court program which enables chronic homeless persons to resolve
outstanding legal issues on the condition of enrollment in substance recovery
programs, mental health treatment, supportive services, and/or shelter /housing
programs.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2.13
REVISED 04119/10
2. STRATEGIC FLAN
o Discharge planning as previously mentioned which ensures chronic homeless
leaving County jails or approved medical centers are not released into non -
suitable living situations. The discharge plan also links chronic homeless persons
to appropriate substance abuse, mental health treatment and housing services.
Orange County client management information system (CMIS), a countywide
database that enables providers to share information to coordinate services for
chronic homeless and homeless who are dually diagnosed. CMIS also helps
identify chronic homeless so that providers can tailor supportive services to meet
individual needs. The system reduces intake and processing time for those
homeless persons who frequently utilize services in the countywide continuum of
care.
Society of Saint Vincent DePaul's Emergency Shelter Grant (ESG) funds which
provide case management and supportive services to hard to reach chronic
homeless who utilize the Winter Amory Program. Homeless persons are linked
to transitional housing, permanent supportive housing, and /or supportive
services.
Development of a 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 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 2.14
REVISED 04/18/10
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 3. AVAILABLE RESOURCES
3. AVAILABLE RESOURCES
Federal Resources
The City received a total of $385,189 in CDBG funds for the 2010 -2011 program
year. This year there are no carry over funds from prior years. In total, the City has
$390,338 for the 2010 -2011 program year.
-
a
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) 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:
G 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 04/19/10
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 4. DISTRIBUTION OF RESOURCES
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
R E VI9E0 04119/10
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CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 5. PROGRAM YEAR ACTIVITIES
5. PROGRAM YEAR ACTIVITIES
2010 -2011 Program Year Sources of Funds
ID Fund Source Amount
2010 -2011 CDBG Entitlement U.S. Dept of HUD $385,189
Unallocated Funds U.S. Dept of HUD $5,149
TOTAL SOURCES $390,338
2010 -2011 Program Year Uses of Funds
ID Organization Program /Project Funded Amount
Age Well Senior Services
Fair Housing Council
Families Forward
Human Options
Serving People In Need
Share Our Selves
City of Newport Beach
City of Newport Beach
City of Newport Beach
TOTAL USES
Home Delivered Meals
$20,000
Fair Housing Services
$11,185
Transitional Housing Program
$10,000
Community Resources Center
$4,600
Substance Abuse Rehabilitation
$10,000
SOS Free Medical and Dental Clinics
$9,000
Utility Assessment District Grant
$65,922'
108 Loan Repayment
$199,346
CDBG Administration
$60,285
'Project budget amount $60,773 plus Unallocated CDBG Funds $5,149.
$390,338
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 5.1
REVISED 04/19/10
ln:PV u Grantee Name: City of Newport Beach
pro aname:
CDBG,Atlminis"tl°n
DASV{Lion:
SDss proea #: 2010 -01 IUOG code. ICA62454NEWPOAT BEACH
This project will provide for the overall administration of the CDBG Program, to include: -
preparati0n and submission of the Annual Acton Plan and the CAPER, IDIS data Input, provision
of technical assistance, monitoring of all projects, and overall fiscal management.
to ®Bono
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�AUdont NOoa'[.iio
Otv of Newport Beach
3300 Newport BIM.
Newport Boach, CA 9265a
- - '
Select one:
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The goal of'the CAY's CDBG program Is M provide decent housing, housing
Ndce,aui[able living envirpnmentand economic Opportunity feraff
Idents, businesses and visitors. Bran responsible for CDBG
administration work- towards these, endeavors.
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2010 -2011 Action Plan Revised 04-19 -10
Grantee Name: City of Newport Beach
Pro ca name:
Fair XDUSin Couno O.C.: Pair Housin Services
Desei eon:
tors Pro MyB MM uoseode:. CA62454 NEWPORT BEACH
The project will provide fair housing education, counseling, and enforcement services to
current or Potential Newport Beach residents, coupled with landlord/tenant counseling
services. These services Impact and benefit target COBG areas and the extremely -low to
moderate Income population. '
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tow - income and special needs persons often have limited
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2010 -2011 Action Plan Revised 04 -19 -10
2010-2011 Action Plan Revised 04 -19-10
Io Grantee Name: City of Newport Beach
vro ec names
Human O tions: Commun) Resource Center -
oasvriUOn:
mS Prm"vm p: 2010 -03
Uas Woe: CA62454 NEWPORT BEACH
This pt07ect will provide a wide variety of counseling and educational programs to help victUns
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.
Le®EVm
t'AiY - -�» t` :. ;v�•l li'_.P[tUti :HCid.4'ee o iZ`. -')
Community nem.. Center
55E0T2W.Road
Irvine,G 9.2620
Select one:
-
Exyran.00M
Ea coact Cono letlon pate:
Victims of domestic violence who flee their abuser often need confidential
Support smvltes and housing. many victims flee an abusye situation
without the resources (food, d%hing, etc) necessary to support
themselves. This on often lead to homelessness.
National Objective Citation: LVIC 570.203(a)(2)(1)(A)
613OR01L
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2010-2011 Action Plan Revised 04 -19-10
_ Grantee Name: City of Newport Beach
Prp ect Home; Families FORN2rd:,WnSitlonal Haus)n Pro am
p Urn: xoa Pro ct e: 2010 -oa uoe U62454 NEWPORT BEACH
The Trmui tlmol Housing program assists homeless families to regain stability and self sufficiency. The comet
population is homeless famllles mffi dtlldmn: The program pmvliies rase management and supportive . ".
services M households residing In Families Famard tramatlonal housing. units. MBG funds v/ll be use to pay
for a ponbn of the salari d a ma manage. '
Lacedom
Famm¢5 F rd
9221 Woo aryl
Wne. G 92618
Select one:
_
er eoted eom Ie0on Dato:
Provide' needed services for'low /mod income persons by preserving the.
6upply or emergency and transitional units and those at dsk of homeleness.
Q National obie Ve Cimtloni'IJAC P0.208.6)(2)(1)(A) :.
'
30 20ti
eat
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A.MbInty, Imtbdpyrpose bb - "People;,
crsadn9mimb)envlpga ironin t'
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2010-2011 Action Plan Revised 04-19-10
reo v,rx, ze Grantee Name: City of Newport Beach
Pro ..d xamm
A Senior' Services: Home Delivered Meals
Dcvei eon:
,PLI
1o15Pro'ecta. 2010 -05 UDOCode: ICA62454 NEWPORT BEACH'
Age: Well Senlbr Services will provide home - dellvered meals to homebound senior citizens (62
years orolder)who are uanble tuprepare meals for themselves due to age, Illness,. or disabl0ty-
CDBG,funds will be.used to pay for a portion of the salary of home- dellverd meal staff.
'—T
Age 1- 10 Senior Servlces, tnc
213006 T. goad, wire 2oa0
Wguia wwds,'CA 9202
Select one;
_
Explanation:
Ex owed completion Date:
Homebound senders often have difficulty preparing nutritiously appropriate
an ea15 for themselves. Home delivered nutritious meals enables homehound
ganlbra to remain In bh homes, avoid, being Institutionalized, and creates
a mom suitable living environment. -
National Oh)ecdve Condon: i.MC 520.208(a)(2)(1)(A)
6 ]u 2011 ". •'
e, tegay,
ODSint Hmtlm
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&.11 e6intievinaeymnent
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-
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$1,552,94 0
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2010 -2011 Action Plan Revised 04 -19 -10
na...,.m to Grantee Name: City of Newport Beach
Dro'em Name:
servIn Peo le In Need S0 H : Substance Abuse Treatment Program SARP
° tiarc
.019 Prn-enn a: 2010-06 UDGCndc JCA52454 NEWPORT BEACH
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 be used be pay for operational
cast.
Laotian:
sewing People in Need (SPIN)
Isla Moso,, A92
Costa Mua, CA 93626
Select one:
p O
EaplanaNOn:
Expected Completion Date:
Homeless and lo.-Income people often do not have Suffldent Income to
participate In substance abuse treatment programs to help In their recovery.
SAO Increases the ac oss to such programs for homeless and low -Income
persons suffering from substance abuse. -
National Objective Citation: L C 570.208(a)(2)(I)(A)9(6)
6130/20i, -:
M
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outcome fatojen s
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2010 -2011 Action Plan Revised 04 -19 -30
u. >•+�,.. •.o Grantee Name: City of Newport Beach
Share Our Selves IS :SOS Free Medical and Dental Clinics
la6.i eom [pss tT.'ect T. 2010 -01 Uoeeodio ICA62454 NEWPORT BEACH
Share Our Selves will provide primary/urgent are on a dally walk -in basis, chronic care, and specialty rare
by appointment to unlsured Orange County residents and patients In the County MSI Program. In addition,
SOS provides, bridge medical ore to patients who qualify for medical Insurance programs and am 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. Pull scope primary care/urgent care dinim is a
commRment to true open access for those lacking a more traditional medical home.
taca6.m
2v _ `n Apilo'ri- :Ni`- Nitaf4 o
Share Our selves - -
1550 Superior Avenue
Cob Meg, Ch 92627
Select ono:
bmlanation:
ar,yeeted Cam .Mn Oat.
Provide free medical and detal care to untsured Imo /mod Income persons.
Natbnel Objective Gtatbn: LMC 570.208(a)(2)(1)(e)
.-
-
6130/2011 '
Wn category
Opp;;
a Suitable, Lbs, iW ®mart
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2010-2011 Action Plan Revised 04-19 -10
_ Grantee Name: City of Newport Beach
Pro'ett xame:
Section 106 Loan Re
a meat -
DA[Cltion:
1DLS Pro ett x:
2D30 -D6' Uot COdc. ICA62454WEEWIRORTIBEACH
Funds 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,
Padestdan and Streetscape Plan, Street Improvements to Balboa Blvd., Pier Parking Lot, Nor Plaza,, and Loo A
connecting access to Main Street.
Location:
LMA- C ' emis Tract 62800.1-
'
Select one:
Rlic FaOTN¢ ,V. .-
EYPladetis.:
Expected Completion Date:
Targeted areas within Balboa Village were detoNating. To eliminate the
blight, blighting Influences and prevent further detonation, the Cry need
COBG funds to make necessary Improvements to the target areas. The
Improvements will stimulate future economic Investment and provide a
mare suitable living environment ::
National'Opjective Citation: LMC 510.208(a)(1)
6/30/2011
ry
oremotheaug
O SultAle Udng Bnvlmnment
OEmnuok oppxcdw
outcomeDategint.
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creating sWMbe living. envlmnmenu
Public Fadli {y' '. SL-3Sustainabllity
.gip
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2010 -2011 Action Plan Revised 04 -19 -10
_ Grantee Name: City of Newport Beach
eAssessment
Pro eot Nam e:
UUI)e District Grant Pro ram
orsal non:
10s Project#: 2010 -os uopfnde: ICA62434 NEWPORT BEACH
This prolect will help to provide onalr W soistance to the impacted Jow- amI moderate -income owner- acvtpanls , `
looted within Proposed utility undergrouni ing Assessment Dishids In Me City ,a Newport Beach. in order to reduce
the financial burden of an Assessment District, the City proposes a grant Program to rover a Pardon or the toot of
utility hook -ups to owner - occupants Within the Dlsuld(s). Households that tannotaffoN to make the necessary hook
UPS after utllttles have been undergmunded will be leftwim outer achldty, thereby creating a: health and safety ( ,
-
ouncerd for the CI . CI ex nets toass1A ] or mare low- am moderate - Income owner -otzv ants with urnercroung
ucaEOn:
r
_ w f Y: .. _ Vi3Wif•'t{ U1.
City . of Newport Beach
3300 Newport Blvd.
Newport Beach; .CA9265B
LMC - -. .
select one:
oo oompmltams Q
-
'
E»lan.dom
Provide financial assistance todow /moderate Income households for utility .
hook -ups which will imp rave the bash[ utility seMres of their homes. --
National Objective [potion: -LNC. 520.206(a)(3)
.... - .
ex ectud Com,lPti.n orate:
6/30/2011 -:- - -
QVPVPY
B Dox
[h.mOmN uauv4itgM .E w Vtument
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pibvlding'oemnt hbusing
Housing Units
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2010 -2011 Action Plan Revised 04 -19 -10
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDICES
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDIX Sao
SF -424 AND CERTIFICATIONS
oevti`� c
SF 424
The SF 424 is part of the CPMP Annual Action Plan. SF 424 form
fields are included in this document. Grantee information is linked
from the 1CPMP.xls document of the CPMP tool.
Complete the fillable fields (blue cells) in the table below. The other items are pre- filled with values from the
Grantee Information Worksheet
Date Submitted 5-14 -2010
6- 10- MC06- 0546- : - -
- Type.of Submisslo'n - -
Date - Received by _state ' -"
State Identifier �
pplica tion - -
�rezappllcatfon '
Date'Reoeived by HUD -.. '-
Federal Identifier
Construction -:
E
`Construction
Noh Construction -- .
❑ Non Construction'
" licanChiformation -.- - ' '+ ' - - ' - - ` - ` _ .'.7'
City of Newport Beach
UOG Code: CA62454 NEWPORT BEACH
300 Newport Boulevard
DUNS # 060752482
Org,anizational Unit:
Newport Beach
alifomia
Department:
2658 -8919
1country U.S.A.
Division: Economic Development Division
Em "lo erirlentification Number = EIN i --
County: Orange
5- 600075
Pro ram Year Start Date MM /DD : 07/1
pplicant Type -
peeify`Other Type if necessary,.:,, •,
Loral Government: City
Pro ramXunm d
U:S. Department o
Housing and Urban Develo menl
Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s);. Areas Affected by
Project(s) (cities, Counties, localities etc.); Estimated Funding
ommunity Development Block Grant - .- .., - ' -J14.218£ntitlement
Grant, '• `- S - "'
DBG'•Project Titles FY :2010 -2011 Action Plan' _ "-
- - - '- "•
Description of Areas Affected by CDBG P.roject(s) >-
14:218'Communi i�Develo'ment:Blo6k6rant -"
DBG Grant Arnount.$385,189 - - - -:- - --
'
ddibonal�'HUDGrant(s)- " Describe -' - - -
Leveraged -
, ddifiona1 Federal 'Funds - Leveraged $0 "' -
Additional State Funds - Leveraged $0` - -
Locallyteveraged:Funds $0 � - -
Grantee Funds Leveraged $0 -'-
trcipated,Program Income $0 -' - - -
Other (Describe)'N /A..
Total Fundsbeveraged for CDBG -based Pcoject(s) $0
H Home Investment :Partnerships Program - .14.239
HOME
HOME Project Titles `__WA ` '" . , _- % .
,escriptionof Areas Affected by HOME-Project(s)'
HOMEGrantAmounf '. =- ". _` -
- -
dditional HUDGrant(s)1_ _'.Describe
evera ed -.
-
Additional.Federal Funds Leveraged --
$Additional State Funds everaged- :.
�Grantee,Funds
Locally Leveraged: Funds - .:
Leveraged
SF 424 Page 1 Version 2.0
Anticipated Program, Income $0 - - `"
ther'(Describe)
otal Funds Leveraged for HOME- based Proiect(s).."
Housing DpportynibLs forrPeople with 'AIDS' - 114.241 HOPWA
HOPWAProjectTitles -NIA . Description. of Areas AffectedbyHOPWA ,Projact(s)
HOPWAGrantAmount -
tlditionalH_UD:Grant(s) .-
Leven ed -
Desciibe _
- - -
Additional Federal Funds Leveraged.
Additional State- Funds'Leveraged
Locally Leveraged funds -
Grantee Funds Leveraged
Anticipated Piogram:lncome
Other (Describe)
Total Funds Leveraged for HOPWA -based Project(s)
Emergency.ShelterGrants- Program: ' ,_ .._.,
14.231 ESG
SG: Project TitlesWA _ -. - - =;
Description_ of Areas Affected-by ESG'Proiect(s) -�.
ESG'.,GrantAmount- -
Additi onalHUDGrant (s)`.Leveragetl-. -� scribe -
Additional Federal, Funds Leveraged
ddlhonal State Funds-Leveraged.
Locally,Leveraged Funds ...
$Grantee Funds Leveraged
Anticipated Program Income . , _
ther(Describe)
otal Funds-Leveragetl:for ESG -based Projects)
Coo re5sional.Districts of: 48 - -
Is application subject to review by state Executive Order
12372 Process?
._
Applicant Districts 48 - - Prolbet Districts.A8.-
Is the applicant delinquent on any federal debt? If
Yes' please include an additional document
explaining the situation.
❑'Yes
This-'a icatidn was'matle available toitne` -�
state 'EO 12372 rocess forrevievi'on;DATE°
:M No. ..
Pro ram
is not covered by EO 12372
❑ Yes
®N.o _
❑:NIA , ,:
Program has not been selected by the state
for review
SF 424 Page 2 Version 2.0
Q�MENroF�
Cf��� ®� -State Grantee
Certiflicadons
Devi Many elements of this document may be completed
electronically, however a signature must be manually applied and the
document must be submitted in paper form to the Field Office.
NON -STATE GOVERNMENT CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the
consolidated plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and
maintain records reflecting that analysis and actions in this regard.
Anti- displacement and Relocation Plan -- It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, and implementing regulations at 49 CFR24; and it has in effect and is following a residential
antidisplacement and relocation assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity assisted with funding
under the CDBG or HOME programs.
Drug Free Workplace -- It will or will continue to provide a drug -free workplace by:
1. .Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug -free awareness program to inform employees about -
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given
a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee will -
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
S. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, Including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4(b), with respect to any employee who is so convicted -
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
- b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
7. Making a good faith effort to continue to maintain a drug -free workplace through Implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
CPMP Non -State Grantee Certifications 1 Version 2.0
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, FSG, 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 92663
City /State /Zip
949 644 -3000
Telephone Number
Date
CPMP Non -State Grantee Certifications 2 Version 2.0
City of Newport Beach
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan Identifies
community development and housing needs and specifies both short-term and long -term community
development objectives that provide decent housing, expand economic opportunities primarily for persons
of low and moderate income. (See CFR-24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it
certifies that it has developed its Action Plan so as to give maximum feasible priority to activities
which benefit low and moderate income families or aid in the prevention or elimination of slums or
blight. The Action Plan may also Include activities which the grantee certifies are designed to meet
other community development needs having a particular urgency because existing conditions pose a
serious and immediate threat to the health or welfare of the community, and other financial resources
are not avalla ble);
12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during
program year(s) 2007, 2QQ8, 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 3 Version, 2.0
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 92663
City /State /Zip
949 644 -3000
Telephone Number
Date
CPMP Non -State Grantee Certifications 4 Version 2.0
City of Newport Beach
APPEINDIX TO CERTIFICATIOINS
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 Name
Street
city
County
state
Zip
Newport Beach City Hall
3300 New ort Blvd
Newport Beach
Orange
CA
92663
Definitions of terms in the Non - procurement Suspension and Debarment common rule and Drug -Free
Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the
following definitions from these rules: "Controlled substance" means a controlled substance In
Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through
1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of the
Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal
criminal statute involving the manufacture, distribution, dispensing, use, or possession of any
CPMP Non -State Grantee Certifications 5 Version 2.0
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
subreciplents 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 MIT
Name
City Manager
Title
3300 Newport Boulevard
Address
Newport Beach CA 92663
City /State /Zip
949 644 -3000
Telephone Number
Date
CPMP Non -State Grantee Certffications 6 Version 2.0
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
PROJECT SUMMARIES (CPMP EXCEL TABLES)
City of Newport Beach
HOUSING
5-Year Strategy: Preserve and improve the existing housing stock and ensure equal access
Summary of Specific Annual Objectives
CPMP Version 2.0
Specific Obj. Outcome/Objective
4 Specific Annual Objectives
Sources of Funds Performance Indicators
Year
Expected
Expected
I Number
Actual
=Number
Percent
Completed
v -i
IT 'vt2W T"
I �T M-
.Section* 8 Housing Choicd. Voucher Maintain
e)gs"ting,feve'l ofSe'c'tion'*&hobsing vou . chars and-
A",
rent -restricted,units -within the City at risk'of
conversion to market'r*ate HoLisin . g.through
refinancing.
Section 8
Housing Units .
2010
400
0%
2011
400
0%
I n-Lieu Fee
2012
400
0%
2013
.400
I I
. . .,
0%
2014
400
0%
MULTI-YEAR GOAL
2000
0
0%
DH-11 (1)
Housing Rehabilitation Programs &.Utility,
6onnecti6n' Prog'raimi= 'Prev&fit deterioration of
propbr(y and p - ro�ide financial assistance for
�,eoair, . and utility underground
hoo'kAjps to'low- and moderate '466mja,`
household's
CDDG
Housing Units
W.
2010
71
0%
2011
..5
0%
2012
-3
0%
2013
3
0%
2014
.3
0%
MULTI-YEAR GOAL
11
0
0%
Fair.H.Pbsing • Program Ensure, universal
access to iairhbu�;44�choit�. hirt the cit�. J
CDBG:
People
2010
200
0%
2011
:200
0%
2012.
0%
20131
200.
0%
20141
,'200
0%
MULTI -YEAR GOAL
1000
0
0%
2010-2014 Consolidated Plan Strategies and Specific Annual Objetives Appendix "B"
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
Sourc...fF1.d.
rf
7Peormancolndicatom
Year
Expected
I Number
Percent
Completed
DH-2
Ac.qbisitio.n-6f Affordability Covenantsbn
Rental �roi566!s -. EX'Oarid the supply f
1. 1
housing units affordable. to low -.and
m6deret&ircorne Wthinthe .,.City '
In Lieu F.e6
..
mousihg'Qniis
20101
0
0%
2011
-0
0%
2012
0
0%
2013
22
0%
2014
12
0%
MULTI YEAR GOAL
34
0
0%
(1)
Construction 'of Multi -Family Affordable
..:, !", " .. . - ..,
Housing Units � Increase supply..of.housiHg
u 'affc,e'deblerjojov �.a�d �e��ie-
ni.ts . ; . .
iriccime:households-.. th h
nstructio" through
Co m
Density ''s;
t
7.1"u
. .1 Housing Jnft5
9
20101.
0
0%
2011
-0
0%
. . : ; . - ., . '.
Tax
2012
0
0%
2013
—0
0%
State.HOME
2 014
,.�� 68
0.,
70
MULTI-YEAR GOAL
-:681
2010-2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix '13"
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 Ob). Outcome/Objective
sources If Fund
1 7,
Performance Indicators
Year
Expected
Actual
I
Percent
.
Number
Number
Completed
Specific Annual Objectives
MLM",Wa
Improve 'supportive services for 61dedy,
2010
100
0%
d ents t h roujh '.
CDBG
2011
"'100
0%
w,General Senior .Programs ;,
pbople�i
�O12
'100
0%
SL-1 (1)
7 Infonrriatlon:and lkeier6 Servicds`
TTO 1-3
J0 0
.
0%
- Food an7d:,E siential
s... Services
2014
100
.1
0%
Senior V'ansoortzition Services:'.
MULTI-YEAR GOAL
Soo,
0
—
0.0%
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 OT speclnc Annual LiDjectives
CPMP Version 2.0
I Specifle Obj. Outcome /Objective I Sources of Funds I Performance Indicators I Year Expected I Actual I Porcent
# Suecl I
Number Number Completed
tic Annual 06iectives
2013:,,. a: .
2014. 1
MULTI -YEAR GOAL 2
Sabstance•Abuse Rehabilitation Services. = 'Increase . CID BG 2010, :;B.
supportive services for'Per'sons sufferin4,from 2011 8
substance abuse People. 2012, J8
2013 .8
2014 8
MULTI -YEAR GOAL ', '
' . 40
1 0%
0%
0%
0%
2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B"
increase�serviceS to ow an0 moderate IncOmC.,
ersonsvv th's ecial neeiis throw n
P P 9, .'. ,.
.Battered and Abused Spousal Programs
Food and Essential Services '`'
Referral and case,Mansgement Services
- 'Employment Training,bnd Placement of
Persons With . bigabilities -'
.
CDBG
People
Zulu
..
2011
2012
2013
.
2014
MULTI -YEAR GOAL
" 3
SL -1 (2)
Upgrade PubW-.Facllitles with ADA :Improvements . 'CDBG
sibilityoTpersons ,with "disabilitie §,'
Increase'acces to
pub'licfacilitie §.
Public. Facilities
2010
.
2011
`
2012
2013:,,. a: .
2014. 1
MULTI -YEAR GOAL 2
Sabstance•Abuse Rehabilitation Services. = 'Increase . CID BG 2010, :;B.
supportive services for'Per'sons sufferin4,from 2011 8
substance abuse People. 2012, J8
2013 .8
2014 8
MULTI -YEAR GOAL ', '
' . 40
1 0%
0%
0%
0%
2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B"
City of Newport Beach
HOMELESS AND HIV /AIDS
CPMP Version 2.0
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 HIV /AIDS
Summary of Specific Annual Objectives
Specific Obj. Outcome /Objective Sources of Funds
#
Specific Annual Objectives
Performance Indicators
Year
Expected Actual Percent
Number Number Completed
` ��SLMI t�+?�gvailaiiilit'7ACCe'ssibili o Suit bte'Liv,1FiiEhv(Kdit e`nfi �T :.. _
1 TJ,97�9 W-=4=41n"' 1W
?"! . -t M10 n7 '"i�mr— . z. "'^"L
Preserve the`supply of;emergency`and transitional
housin g, increase supportive services for persons
living'vAth.HIV /AIDS and improve services for '
QD13
2010
100.
;.
0%
liomeles's;persons a4l:ireventthose at risk of
2011
100.
0%
homelessness through:` ;
H ,omeless;Rmvent/on.P.rograms.<:
People...
2012
100
00/(
SL -1 (3)
'Transitional•Housing
Emergency Sheltecto Victims of Domestic
Violence ';
2013
100
0%
Transdionsl lHousing and Support §ervices; for
Vict ms of Doestic Violence
m
2014
.. 100
0%
Case; management a nd Other.Services
MULTI -YEAR
GOAL
500
0
0.0%
2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B"
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 Obi. OutcomelObjectivo Source, of
Sources
Specific Annual Objectives
Performance Indicators
Year
Expected
Number
Actual
Number
I
Percent
Completed
Provide and'im . prov . epubli . c services to low-
n : st through h
2010
100
0%
2011
100
0%
dehiril-.Putil' ces
ic, ervi'
7 ,
20`12
lbo.
1
0%
SL -1 (4)
' I.: I
Employment and-Otlter Training Programs
-" " 1
Food and Essential
:vices 1,
- P'almlly'-Ser
A
People
2013
100
'
0%
_!Hot*iltKS' eirvi
2014
�1 60
0%
MULTI-YEAR
GOAL,':..
^'500
an
0.0%
2010-2014 Consolidated Plan Strategies 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
Specific Outcome/Objective
Obj. # Specific Annual Objoctives
Sources=
Performance Indicators Year
Expected
Actual Percent
Completed
SL-3 (1)
ffepaqTWdnt Section 1081oao /•Balboa Village,
Improvements Pr&serveicommunity '.
in . frastruc turein orderAo bliminate blight,
blighting - influences, and prevent deterioration
of�property. The,irnprov.erneints,wili stimulate'
future (k6n'bffii6 lnVestnieiiits and create a
suitable iivi6g environment.
CD.BGI
.Public Facility
2010
1
0%
2011
1
0%
2012
9
0%
2013
1
0%
2014
1
0%
MULTI-YEAR GOAL
5
-----------
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 C:
PROOF OF PUBLIC NOTICES AND
PUBLIC COMMENTS
City of Newport Beach Notice of Funding Availability (NOFA)
Inviting Applications for the Community Development
Block Grant (CDBG) Program For Fiscal Year 2010 -2011
APPLICATIONS WILL BE AVAILABLE DECEMBER 12TH, 2009 THROUGH JANUARY
20th, 2010
The Federal Housing and Community Development Act of 1974, as amended, provides
Federal Community Development Block Grant (CDBG) funds to the City of Newport
Beach for projects that promote the development of viable urban communities by
providing decent housing, suitable living environments, and expanded economic
opportunities, particularly for low- and moderate - income persons. The City of Newport
Beach anticipates receiving approximately $370,000 in CDBG funds for fiscal year
2010 -2011.
NOTICE IS HEREBY GIVEN that the City of Newport Beach is currently accepting applications for eligible
public services. The application may be used by non - profit organizations to request funding or by Newport
Beach residents to suggest that the City or other organization undertake a new program. A general
description of eligible public services is summarized below.
ELIGIBLE 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,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 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.
City of Newport Beach
Notice of Funding Availability (NOFA)
Inviting Applications
for the Community Development
Bloch Grant (CDBG) Program For Fiscal Year
2010 =2011
APPLICATIONS WILL BE AVAILABLE DECEMBER 12th,
2009 THROUGH JANUARY 20th, 2010
The Federal Housing and Community Development Act of 1974, as amended, provides
Federal Community Development Block Grant (CDBG) funds to the City of Newport
Beach for projects that promote the development of viable urban communities by
providing decent housing, suitable living environments, and expanded economic
opportunities, particularly for low- and moderate- income persons. The City of
Newport Beach anticipates receiving approximately $$370,000 in CDBG funds for
fiscal year 2010 -2011,
NOTICE IS HEREBY GIVEN that the City of Newport Beach is currently accepting
applications for eligible public services. The application may be used by nbn- 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 lass 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 atwww.newportb�actic, vid_x.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 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.
Authorized to Publish Advenisements of all kinds including public notices by
Decree of the Superior court or otaoge County. California. \umber A -6214.
September 29. 1961, and A -249337 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
parry to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
.following dates:
December 12, 2009
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on December 16, 2009 at
Costa Mesa, California.
Signatur.@-,7�
1
Aodxv,eed 10 Publish Mwrdiewmof all kind, inchidine.pubiic mien by
Dewar of the Superi,v Cwn of O:u+_cCmay, C :J' uma. Numlvr A$214,
Srpwmbet 29. 1961,ahxl A- 14$31. Iva. 11.1963. RECEIVED
PROOF OF PUBLICAMIM6 M 4:
STATE OF CALIFORNIA) CIN
) ss.
COUNTY OF ORANGE )
1 am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
parry to or interested in the below entitled.
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following. dates:
March.20, 2010.
'I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on March 22, 2010 at
Costa Mesa, California.
Signature
!f ,
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDIX ®e
MAP (NEWPORT BEACH ELIGIBLE AREAS
x -11h
F
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F ,
7 m �nY\nF I�^ es$ fe rj
41— 1 BF '4
HM
mill
UK
A ! f
U 3'r ss 5 !a!F
4 ;1... - _ A_ ' .• i ad,,,. ®.�:, s 4 Aa i 4 '- }$$$I$$ Fag!
F.1 ,.� Ad iliSa laEFeiF> e; °p
�+ r 1 "d � d t1 1( i! !� ecl +$ai➢ ee }d
' 1 .I r 'L. 1 .l •t $. 89 ✓+ s A�9 $9 $° i, 'I AlfAvlii iF��
� � A4A. _:98 e:4 e9994:e9A9a4:� '- 9543 ::::aeAAA4AAAn:d 94::A9:9:ABA
A .s Fii$�•PFf! }F PFP '!- E F lPEA X443
A #PlPiF:$8 °:i`E`a=!s4FEl!iIF`F !!!4 $P }
'y Ewa e b 4F
lBAP:AEFi €� {P
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDIX Ee
ACTION PLAN CHECKLIST
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 Pagels
2. Is the DUNS number listed?
Yes No Pages /s
RESOURCES
1. Did the grantee describe how HOME and/or ESG matching requirements will be satisfied?
Yes No Page /s
ACTIVITIES 91.220(D)
1. Does the action plan contain a summary of priorities and specific annual during the program
year?
Yes No Verification found on 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 NIA
4. Has the grantee exceeded the 15 % CHDO set -aside for HOME?
Yes No N/A
5. Has the grantee exceeded the 30% Essential Services cap for ESG?
Yes No NIA
6. Has the grantee exceeded the30% Homeless Prevention cap for ESG?
Yes No N/A
7. Has the grantee exceeded the 10% Operations cap for ESG?
Yes No NIA
8. Has the grantee exceeded the 5% Admin. Cap for ESG?
Yes No N/A
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 NIA
4. Did the grantee estimate the percentage of funds it plans to dedicate to target areas?
Yes No
AFFORDABLE HOUSING GOALS 91.220(8)
1. Does the action plan specify one -year goals for the number of homeless, non - homeless, and
special needs households to be provided affordable housing units using funds made available to
the jurisdiction?
Yes No Verification found on page /s
_Note: The jurisdiction should use housing summary of goals as identified in the
Consolidated Plan.
2. Does the action plan specify one -year goals for the number of households to be provided
affordable housing units through activities that provide rental assistance, production of new units,
rehabilitation of existing units, or acquisition of existing units using funds made available to the
jurisdiction?
Yes No Verification found on page /s
Note: The jurisdiction should use housing summary of goals as indicted in the
Consolidated Plan.
PUBLIC HOUSING 91.220(h)
Does the action plan include actions that address the following, if applicable:
Yes No NIA
• Needs of public housing,
• Public housing improvements and resident initiatives, assist troubled public housing
agencies.
HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES 91.2200)
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 /
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 91.220()
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 fors 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 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 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) Noy -
f) Did the jurisdiction describe the policy and procedures it will follow to affirmatively market
housing containing five or more HOME - assisted units?
Yesy Noy
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 firs, construction firs, appraisal firms, managements firs,
financial institutions, investment banking firms, 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 or 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)?
YesT Not
C. AMERICAN DREAM DOWNPAYMENT INITIATIVE N/A
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?
Yesf Nof
2. Plan for conducting targeted outreach to residents and tenants of public and manufactured
housing and to other families assisted by public housing agencies, for the purposes of ensuring
that the ADDI funds are used to provide downpayment assistance for such residents, tenants,
and families?
Yes No
3. A description of the actions to be taken to ensure the suitability of families receiving ADDI funds
to undertake and maintain homeownership, such as provision of housing counseling to
homebuyers?
YesT NoT
D. HOPWA 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 NoT Verification found on page /s
b) Does the action plan identify the method for selecting project sponsors (including providing
full access to grassroots faith -based and other community organizations)?
Yes NoT
MONITORNG 91.230
1. Does the grantee describe the standards and procedures that it will use to monitor activities
carried out in furtherance of the plan?
Yes No Verification found on page /s
2. Does the plan describe actions to be taken by the grantee to monitor its performance in meeting
its goals and objectives set forth in its Consolidated Plan?
Yes No Verification found on page /s
3. Does the plan describe steps/ actions being taken to insure compliance with program
requirements, including requirements involving the timeliness of expenditures?
Yes No Verification found on page /s
Note: It timeliness of expenditures is and issue, please make sure the grant award letter
includes language regarding appropriate actions the grantee should take to remedy this
problem.
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 pagels
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:
Date:
Program Manager: Date:
NOTICE OF PUBLIC HEARING AND P`IIEW
FOR THE CITY OF NEWPORT BE ._ -A
DRAFT FIVE -YEAR CONSOLIDATED PLAN (2010- 2014),
ONE -YEAR ACTION PLAN (2010 -2011)
CITIZEN PARTICIPATION PLAN (2010 -2014)
DYeo
7p:
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, 2010a
TIME: 7:00 P.M.
LOCATION: City Couni am Woo AvvcAob AvJ c-
N -, 330
rd, Newport Beach, California A 1 �vi po f4 f� T te p cl 1
At this meeting, the City Council will receive public comment on the draft Five-Year IConsolidLatedTPPlan ('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) 6443230 with any questions concerning the above documents.
ACCESSIBILITY TO MEETINGS AND DOCUMENTS
It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with
Disabilities Act (ADA) of 1990 and the ADA Amendment Act of 2008, the Fair Housing Act, and the Architectural Barriers Act in
all respects. If you require public documents in an accessible format, the City will make reasonable efforts to accommodate
your request. If you require a disability- related accommodation to attend or participate in a hearing or meeting, including
auxiliary aids or services, please contact the City Clerk's Office at least 48 hours prior to the meeting at (949) 6443005.
f
it ' L Brown, MMC
% City Clerk
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number A -6214,
September 29, 1961, and A -24831 June 11, 1963. F l EC EEIVED
PROOF OF PUBLICATIAR 26
STATE OF CALIFORNIA) CITY
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years,. and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that.. attached
Notice is a true. and::;complete. copy as
was printed and - :published, on" the
following dates:
.March 20, 2010
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on March 22, 2010 at
Costa Mesa, California.
Signature
C4&
CDBG PUBLIC SERVICES AGREEMENT
Between the City of Newport Beach and Human Options, Inc.
THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement') is entered into this 1t
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, HUMAN OPTIONS, INC., 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 COMMUNITY RESOURCE CENTER, which
assists battered women by providing temporary emergency housing, counseling,
and legal advocacy (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 14, 2009, the City Council approved the issuance of CDBG funds, in an
amount not to exceed FIVE THOUSAND SIXTY -FOUR DOLLARS AND 001100
($5,064.00), 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.
3. Compensation.
A. Upon compliance with the reporting requirements outlined in Section 6
below, City shall reimburse Subrecipient an amount not to exceed FIVE
THOUSAND SIXTY -FOUR DOLLARS 001100 ($5,064.00), 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
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, 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. 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. 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,
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).
I. 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 570.2006).
J. 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 under the federally - assisted program.
P. Title VII 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
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.
T. 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
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, 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
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.
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
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
10
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.
City:
City of Newport Beach
Attn: Kathlyn Bowden, Economic Dev. Coordinator
Planning Department
II
Subrecipient:
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
HUMAN OPTIONS, INC.
Attn: Maricela Rios - Faust, COO
PO Box 53745
Irvine, CA 92619
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.
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
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
12
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
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 Governina 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
13
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 OF THE CITY ATTORNEY
:
B A'�'—� � �---
By:_
Aaron C. Harp,
Assistant City Attorney
City of Newport Beach
ATTEST:
�(rnl
B:
Leila i Brown,
City Clerk
e��W SRT
O� m�
c'14, po pNAlr
Exhibit A: Scope of Services
15
CITY OF N PORT,
A Muni(
Corporat
By: 1)�
Edward . Se ich,
Mayor
SUBRECIPIENT:
Human Options, Inc.
By:
T
Title: Chief Operations Officer
Print Name: Maricela Rios-Fau
By: _
(Financial Officer)
Title: .a\JI-din . bl'v eck
Print Name:
Exhibit A
X41E. W Pro
.
,< CITY OF NEWPORT BEACH CDBG
J ;.> Exhibit A: Community Resource Center
Project: Community Resource Center
Organization: Human Options, Inc.
Description:
Human Options Community Resource Center offers a wide variety of counseling and educational programs to
help victims and their family members deal with the effects of domestic violence. Proposed services include the
following: crisis intervention, individual counseling for adults, support groups, legal advocacy, personal
empowerment program, children's individual counseling, parenting education groups, parent child interaction
therapy, trauma therapy, information and referrals and intake to Human Options emergency shelter. All services
are offered in English and Spanish. Funds will be used to pay for a portion of the salaries of staff who provide
counseling and case management services.
Eligibility
Approved Funding
05G
HUD Matrix Code:
Battered and Abused
CDBG
$5,064
Spouse
Eligibility Citation:
570.201(e)
HOME
$0
National Objective:
Low Mod Clientele
ESG
$0
570.208(a)(2)(1)(A)
Accomplishment
20 Persons
HOPWA
$0
Goal:
Start Date:
07/01/2009
Other:
$391,325
End Date:
06/30/2010
Total:
$396,389
Location / Service Area / Beneficiaries:
Administered By:
Human Options
P.O. Box 53745
Available to clientele throughout City
Irvine, CA 92619
Help the homeless? Yes
Help persons with HIV / AIDS? No
Rios -Faust
Help persons with Special Needs? No
Chief
Chief Operations Officer
f
Phone: 949 - 737 -5242
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 of the agreement, and/or the repayment of
the funds received under this agreement.
In the Special Provisions section, the term "Operating Department" shall refer to the City Depar0ent that is responsible for the
oversight of the project. The tern "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/contractorprior 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 ofthe 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 Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the
expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper
accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be
limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records
documenting procurement of goods and services; 3) Contracts for goods or services; 4) Lease or Rental Agreements; 5) Invoices; 6)
Billing Statements; 7) Cancelled Checks; 8) Timecards signed by employees and supervisors; 9) Personnel Authorization Records;
10) Payroll Registers; 11) Payroll Tax Records; 12) Bank Statements; 13) Bank Reconciliations; and 14) Documentation to support
the allocation of costs.
Payroll and Attendance Records:
The Operating Department/Agency must maintain payroll and time attendance records signed by the employee and approved by the
supervisor. Time distribution records must reflect total work time on a daily basis by program and/or funding source, as applicable.
Payroll and Attendance Records II:
The Operating Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the
expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper
accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be
limited to, the following: I) 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; 1 1) Bank Statements; 12) Bank Reconciliations; and 13) Documentation to support
the allocation of costs.
U
Exhibit A: Page 3 of 3
By signing below, I acknowledge that I have read and understand all of the special conditions listed above.
Furthermore, I acknowledge that if I fail to comply with the conditions listed, the U.S. Department of Housing and
Urban Development (HUD) and/or the City may require the repayment of the funds received and/or forfeit receiving
fixture Community Development Block Grant (CDBG) funds.
Maricela Rios -Faust hate
Chief Operations Officer
19
1
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 - 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:
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.
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 HIWAIDS.
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 Funding Availabili
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:
ProaramlProiect 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
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 B.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
ProaramtProiect 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.
Funding 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:
FY 2009 -2010 CDBG One -Year Action Plan
April 14, 2009
Page 8
FY 2009 -2010 PROGRAMS AND PROJECTS
REQUESTED
FUNDING
RECOMMENDED
FUNDING
ADMINISTRATION
(20% Max — $71,131)
CDBG Administration
$60,000
$60,000
(City Personnel Expenses and Consultant Services)
Fair Housing Council of Orange County
$14,364
$11,131
Fair Housinq Services
Total:
$74,364
$71,131
PUBLIC SERVICES PROGRAMS
(15% Max. a $53,348)
Human Options
$20,000
$5,000
Emergency Shelter for Battered Women
South County Senior Services
$28,500
$28,348
Mobil Meals
Serving People In Need (SPIN)
$15,000
$10,000
Substance Abuse Rehabilitation Program
Families Forward
$15 000
$10,000
Transitional Housing Program
Tom
$78,500
$53,348
CAPITAL EXPENDITURE PROJECTS
(65% Max = $231,180)
City of Newport Beach . Public Works
$75,000
$33,645
ADA Sidewalk Improvements
City of Newport Beach- Planning
$197,535
$197,535
Section 108 Loan Repayment
Seavlew 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:
$375,659
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.
j l
FY 2009 -2010 CDBG 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. Seaviews 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 in4ieu 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:
e— Kathlyn Bowden, AICP
Economic Development Coordinator
Submitted by:
41'4� 117-24�
Sharon Wood
Assistant City Manager
Attachments: Draft One -Year Action Plan and CDBG Resolution.
NOW, THEREFORE, the City Council of the City of Newport Beach DOES HEREBY
RESOLVE as follows:
SECTION 1. The Action Plan outlining the City's housing and community development
needs, priorities and strategies for FY 2010 -2011 is hereby adopted, and the City Council DOES
HEREBY AUTHORIZE the City Manager to be the official representative of the City of
Newport Beach to submit the Action Plan and certification required to HUD, including any
modifications to allocations necessary to conform the allocations to HUD's final 2010 -2011
CDBG grant allocations and currently unallocated funds in the City's account with HUD..
SECTION 2. That the City Council DOES HEREBY AUTHORIZE the City Manager, or
his/her designee, to execute the FY 2010 -2011 CDBG Program Grant Agreement and all related
documents on behalf of the City.
SECTION 3. That the City Council DOES HEREBY AUTHORIZE the Economic
Development Coordinator of the Planning Department, or his/her designee, to be the official
representative of the City of Newport Beach to submit required environmental documentation for
CDBG projects.
PASSED AND ADOPTED by the City Council of the City of Newport Beach at a regular
meeting held on the 27th day of April 2010.
MAYOR OF THE CITY OF NEWPORT BEACH
attest:
CITY CLERK OF THE CITY OF NEWPORT BEACH
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF NEWPORT BEACH
I, LEILANI BROWN, City Clerk of the City of Newport Beach, HEREBY DO CERTIFY
that the foregoing resolution was duly adopted at a regular meeting of the City Council of the
City of Newport Beach, held on the 27th day of April 2010.
AYES: COUNCILMEMBERS:
M
1. EXECUTIVE SUMMARY
Use of CDBG Funds
PUBLIC SERVICES., Z. ' - '° q ^'
Age Well Senior Services - Home Delivered Meals Program
$
20,000
Families Forward - Transitional Housing Program
$
10,000
Human Options - Community Resource Center
$
4,600
Serving People in Need - Substance Abuse Rehab Pro ram
$
10,000
Share Our Selves - SOS Free Medical and Dental Clinics
$
9,000
tGAPITAI =IM_ PROVEMENTS ?'
City of Newport Beach - Utility Assessment District Grant Program
$
65,9221
City of Newport Beach -108 Loan Repayment
$ 199,346
PROG RAM _"ADMINISTRATION
City of Newport Beach - Program Administration
$
60,285
Fair Housing Services
$
11,185
TOTAL r"
$390,338'
'Project budget amount $60,773 plus Unallocated CDBG Funds $5,149.
Request for Proposals
The City published a Notice of Funding Availability (NOFA) on December 12, 2009 in
the Daily Pilot newspaper. The City also made the CDBG application available on the
City website and mailed applications to agencies receiving funds in the current year as
well as those that had expressed interest. Agencies were given until January 20, 2010
to submit proposals. In response, six (6) public service providers, one (1) housing
provider, one (1) non - profit community service provider, and one (1) City Department
submitted applications for CDBG grants for Fiscal Year 2010 -2011. The following
organizations were involved in this process:
• Age Well Senior Services
• American Lung Association
• Fair Housing Council of Orange County
• Families Forward
• Human Options
• Serving People In Need
• Share Our Selves
• CDM Community Aquatics Facilities Foundation
• City of Newport Beach — Economic Development Division
Citizen Participation
The draft One -Year Action Plan was made available to the general public for a period of
30 days prior to holding the City Council public hearing in order to provide residents or
agencies the opportunity to review the recommendation for funding. In compliance with
the City's approved Citizen Participation Plan and CDBG implementing regulation 24
CFR 92 -105, a Public Notice was published to solicit public comments from interested
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -2
REVISED 04/10110
1 . EXECUTIVE SUMMARY
HOUSING
5 Year Strategy t " F
w* ,;
Expand the ggpply"�of affordable rental and homeownershlp4 using opportunities
i
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> `� $ ��' �
�...:�P'r; ♦Ry
E)rive
°Year
4 i� 4
°� }'
`
OutcomelOblective
PlannedActivlties
` Performance
Frye Year
.'
2010."
Statements'
.,
Indicator
r
Goals
e a
:it -
Section 8 Housing Choice
Acquisition of Affordability
Voucher and Rent - Restricted
Covenants on Rental Properties
2,000
400
Units
Housing Units
34
0
Housing Rehabilitation Programs
(North Newport Center & Santa
Affordable Housing
Barbara Condominiums)
21
7
Affordability /Decent
Affordable Housing
Fair Housing Program
People
1,000
200
Construction of Multi- Family
Affordable
Housing Units
68
0
Housing Units
(Airport Area Conexant)
5 YeaStrate
t e emstm h� usm stock and en su e a uall, cc t
Preserveand'Jmpro ve 1 q
i -
> ?: P'' S
ASA'd 'r 4 L 1 ;F {' t
> `� $ ��' �
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°Year
4 i� 4
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10utcomelObJectrve
F`'
r�T , -'
k� r 1PlannedActiv�tlgs t
r,'�Pertormance�
20A0
Statements,r�
Indors
d icat
t Goals
e a
:it -
Section 8 Housing Choice
Voucher and Rent - Restricted
Housing Units
2,000
400
Units
Accessibility! Decent
Housing Rehabilitation Programs
Affordable Housing
Housing Units
21
7
Utility Connection Programs
Fair Housing Program
People
1,000
200
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -4
REVISED 04/19/10
EXECUTIVE SUMMARY
[71!1 I�1 i 11; 11r /1:11_��i
'5 Ye S
ar trategy
Support a continuum of services m sup „port of the City s and County's,effort to end_ ;
homeless and improve the quality of Iife',for'p6tsonsllivmg M HIV/AIU§
OutcomelObjec£ive
Pertorman`ce
Five =Year
'
Statements a,
P.Ianried Acwities
1lndlcatos
Goals
2010s
,
��- ��
,
Homeless Prevention Programs
Transitional Housing
Emergency Shelter to Victims of
Accessibility I Suitable
Domestic Violence
Accessibility I Suitable
People
500
100
Living Environments
Transitional Housing and Support
Services for Victims of Domestic
Violence
Case Management and Other
Services
PUBLIC SERVICES
(rCo'ntnbutq,tolthe well being of'mdwlduals famlbes,rand neibhborhoods:;,
•'�
L ti '��ak.... _ = V �n = 4)k,
tGutcom lObjective
Pertormance ,
Flvq Year
a
I i Planned Activities ,
IndlcaCor
G.oals,
2010 ;;
��- ��
General Public Service Programs
Employment and Other Training
Programs
Accessibility I Suitable
Food and Essential Services
People
500
100
Living Environments
Family Services
Health Services
Youth Services
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010.2011
REVISED 0,110 /tO
N. EXECUTIVE SUMMARY
meals to homebound seniors. These programs will increase the suitable living
environment of 315 low /moderate income persons:
G Age Well Senior Services — Home Delivered Meals
• Families Forward — Transitional Housing Program
• Human Options — Community Resource Center
• Serving People in Need (SPIN) — Substance Abuse Treatment
• Share Our Selves — SOS Free Medical and Dental Clinics
Increasing the Availability and /or Accessibility of Economic Opportunities is an on -going
endeavor as the City continues to eliminate blight, improve deteriorated properties and
preserve the community infrastructure in order to provide economic empowerment in
Balboa Village. The improvements in Balboa Village ultimately improve economic
opportunities for low- income persons and increase the range of housing options and
related services for persons with special needs. During the 2010 -2011 program year,
the City will use a portion of the CDBG funds to pay the debt on a prior CDBG loan that
was the catalyst to improve the Balboa Village area:
Y City of Newport Beach — Section 108 Loan Repayment
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 20102011 PAGE 1 -E
REVISED 09119110
2. STRATEGIC PLAN
Overview
The following is a summary of the Five -Year Strategic Plan and how the activities
proposed for the upcoming program year will work toward achieving the goals included
in the Strategic Plan. The full version of the Strategic Plan is in the City's 2010 -2014
Consolidated Plan and can be obtained from the City's Economic Development
Division.
The strategic plan goals are divided between Newport Beach program objectives and
HUD - specified objectives. The Newport Beach program goals were developed based on
the specific needs found within the community. The HUD - specified goals are mandated
by the federal government and designed to meet common needs found in communities
throughout the country. An activity may appear more than once given that some local
and federal goals overlap. All activities proposed for the 2010 -2011 program year will
strive to serve low- and moderate - income persons or households. No activities will seek
eligibility under the "urgent need" national objective.
Newport Beach Program Objectives
Housing Funding Priorities and Strategies:
1. Increase supply of housing units affordable to moderate - income households
through new construction.
2. Increase acquisition of affordability covenants on rental properties.
3. Maintain existing level of Section 8 housing vouchers and rent - restricted units
within the City.
4. Increase housing rehabilitation to prevent deterioration of property and
maintain affordable decent housing.
5. Ensure universal access to fair housing choice within the city.
Senior Services Funding Priorities and Strategies:
1. Increase and improve supportive services to elderly residents through senior
programs.
Special Needs /Non- Homeless Funding Priorities and Strategies:
1. Increase accessibility of persons with disabilities to public facilities.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -1
REVISED 04119/10
2. STRATEGIC PLAN
The Fair Housing Council provides services above what is typically considered
housing discrimination. In the coming year, the organization will address
discrimination in the following areas:
D Lending Practices: While data and study has not shown discrimination in lending,
efforts have not been proactive.
D Insuring Practices: Some insurance companies may be targeting certain zip
codes for higher rates of denial or different terms and conditions for insurance
coverage.
Outreach and Education: A lack of a standard in the fair housing education
system may leave gaps in communities. In addition, some immigrant populations
may not be aware of the right to fair housing.
D Public Policies /Programs: A lack of coordination among cities in the region in
regards to their planning activities may have an adverse effect on fair housing
efforts on a regional basis.
CITY Of NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE
REVISED 04/10/10
2. STRATEGIC PLAN
4. Assist battered women and children
Domestic violence may not be as visible in Newport Beach as in surrounding
communities, but the City still views people with special needs as an important issue
that is a high priority to be addressed.
In the 2010 -2011 program year, the City has recommended funding for the following
activity to help address the special needs of persons in and around Newport Beach:
Human Options Community Resources Center $4,600
5. Provide and improve public services to contribute to the well -being of families
and neighborhoods
The City will continue its efforts to provide and improve public services to its
residents. The City has identified a need for health services assistance to persons
who cannot afford medical and dental insurances. This upcoming year the City has
recommended funding for Share Our Selves, a non - profit organization that provides
primary/urgent care on a daily walk -in basis, chronic care, and specialty care by
appointment to uninsured Orange County residents and patients in the County MSI
Program. This activity will provide a service to persons in need of medical and
dental care.
In the 2010 -2011 program year, the City has recommended funding for the following
activity to help address needed public services in and around Newport Beach:
D Share Our Selves SOS Free Medical and Dental Clinics $9,000
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2091 PAGE 2 -7
REVISED 04/19/10
2. STRATEGIC PLAN
Newport Beach Program Objectives: Community Development
1. Sustain public facilities to eliminate blight, blighting influences, and prevent
the deterioration of property.
The City has completed the work detailed in the Balboa Village Pedestrian and
Streetscape Improvement Plan. CDBG funds were used to secure a Section 108
loan, which was used in conjunction with City parking funds to fund the
improvements. The City expects the project to stimulate private economic
investment in the area. In other CDBG Target areas, the City will rely on code
enforcement activities to identify deterioration in its early stages.
0 City of Newport Beach Section 108 Loan Repayment $199,346
2. Preserve community infrastructure to provide economic empowerment in
targeted neighborhoods
In FY 2010 -2011, the City will use CDBG to repay the loan used for the Balboa
Village Pedestrian and Streetscape improvements and provide other funding
sources to fund code enforcement officers to identify deterioration in its early stages.
c City of Newport Beach Section 108 Loan Repayment $199,346
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 240
REVISED 04/19/10
2. STRATEGIC PLAN
Continue to offer density bonus incentives for the development of affordable
housing pursuant to state density bonus requirements and the City's General
Plan Housing Element.
Partner with the Fair Housing Council of Orange County to provide tenant and
landlord counseling to provide fair housing opportunities for Newport Beach
residents.
4. Reduce Poverty
Almost all of the City's funded programs are aimed at helping a family or individual
increase or maintain their self - sufficiency. For example, the Age Well Senior
Services' Mobile Meals Project supports self - sufficiency of seniors and persons with
disabilities.
In the 2010 -2011 program year, the City will fund the following activities that will
directly contribute to reduction of poverty levels in Newport Beach:
• Age Well Senior Services Home Delivered Meals $20,000
• Human Options Community Resources Center $4,600
• Serving People In Need (SPIN) Substance Abuse Rehabilitation $10,000
• Families Forward Transitional Housing Program $10,000
5. Develop Institutional Structure
The City relies heavily on its community partners in order to provide needed services
to area residents. Unfortunately, the City receives a relatively small allocation of
federal funds, of which only 15 percent can be provided to social service
organizations for the provision of services. City staff will work with organizations that
do not receive federal funds and provide a Certification of Consistency if the
proposed project reflects the goals and objectives of the City's adopted Consolidated
Plan.
6. Enhance Service Delivery (Including Monitoring)
The City continues to refine its internal procedures and build.its relationships with
partner agencies in order to provide the highest level of. service to the targeted
populations.
The- City will also make efforts to ensure a high level of service from its sub -
recipients to further the current Five -Year Consolidated Plan and the One Year
Action Plan. These efforts start at the beginning of the program year with a technical
assistance meeting that covers program requirements, such as record keeping,
invoicing, and procurement. Throughout the program year, the City will review
payment requests and progress reports to ensure program compliance and provide
technical assistance when needed. It is the City's goal to provide on -site monitoring
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -11
REVISED 0A 119!10
2. STRATEGIC PLAN
participating jurisdictions meet at a minimum quarterly, often times monthly, to form
the Cities Advisory Committee to assist the Orange County Board of Supervisors
and the OCHA staff in accomplishing public housing goals. Newport Beach attends
the meetings regularly. and provides input on the OCHA Annual Plan and
Administrative Plans. Although there are currently no public housing units in Newport
Beach, the City is committed to assisting OCHA in expanding affordable housing
opportunities within the City limits for Section 8 Voucher recipients and ensuring
OCHA goals are consistent with the City's Consolidated Plan and Housing Element.
9. Discharge Planning & Ending Chronic Homelessness
The Orange County Housing and Community Services Department (HCS) and the
Orange County Partnership are two of three lead agencies that facilitate the year
round Continuum of Care planning activities, including coordination of discharge
planning services throughout Orange County and other actions steps to end chronic
homelessness. Under the direction of HCS, the OC Partnership exists to develop a
countywide system that nurtures and strengthens the emergency shelter network
system by removing homeless persons from the streets to more viable living
accommodations. It also aims to build a program that offers homeless persons the
opportunity to reintegrate as contributing members of the community.
A major component of this effort is to coordinate how persons from various
institutions are discharged so that people aren't released into homelessness or
unsuitable living environments. HCS and the OC Partnership will work with
hospitals, homeless service providers, mental health institutions, public safety, and
others to develop discharge policies that help alleviate homelessness and not
contribute to the problem. The City will participate in the development and
implementation of the policies.
HUD defines a chronic homeless person as an unaccompanied homeless individual
with a disabling condition who has either been continuously homeless for a year or
more, or has had a least four episodes of homelessness in the past three years.
The City will continue working with the OC Partnership and HCS to implement the
following action steps, as part of the countywide effort to end chronic homelessness,
including:
D Singe point of entry application which streamlines the entry process for homeless
persons into the countywide continuum of care system. The common application
makes it easier for homeless persons, especially the chronic homeless, to
access services.
Homeless court program which enables chronic homeless persons to resolve
outstanding legal issues on the condition of enrollment in substance recovery
programs, mental health treatment, supportive services, and/or shelter /housing
programs.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2.13
REVISED 04/19/10
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 30 AVAILABLE RESOURCES
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chapter 4. DISTRIBUTION OF RESOURCES
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CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
Chau$er .5e PROGRAM YEAR ACTIVITIES
crux :.no to Grantee Name: City of Newport Beach
Pro ett name:
CDBGAdministrdtlon
oesci lion:
mI9 Pro ett a: 2010 -01 UoG Code: ICA62454 NEWPORT BEACH
This project will provide for the overall administration of the CDBG Program, to Include: -
preparathm and submission'of the Annual Action Plan and the CAPER, IDIS data Input, provision
of technlcal assistance, monitoring of all projects, and overall Bscal management:
Wention:
6. o ki _
Qty of Newport BwN
339.,addelvd.
Newporftt OeaN, -G 92659
- -
Select One:
-
UPI mbuom
EA erred com huion Cate:
The goal of the OWs CDBG program Is to provide decent horsing, housing
dmlce, Suitable living environment and economic opportunity for all
residents, businesses and visitors. Staff responsible far CDBG
administration worl, . tawartls these endeavors.
6/30/2011
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2010 -2011 Action Plan Revised 04 -19 -10
_ Grantee Name: City of Newport Beach
suoe - -
Center mrobm,
==M s rsde: ICA62454 NEWPORT BEACH
This project will provide a wide variety of counseling and educational programs to -help Yicums
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.
t,cndon:
'Need; -� m
Comblunity Rewuroo Centro
5540 T.W. Road
IMne, CA 92620
Select one: I�So,Aao
Wlanntion:
EE eMm Com laden Oatm
Victims of domestic Molar who flee their abuser often need confidential
suppon servltM and housing. Many ActlmS flee an abuW[ Situation
without the resources (food, clothing, etc) necessary to support
themselves. This an often lead W homelessness.
National Objective Citation: WC 570.208(a)(2)(i)(A)
V30/2011
vocar.unagoq
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2010 -2011 Action Plan Revised 04 -19 -10
2010 -2011 Action Plan Revised 04 -19 -10
Grantee Name: City of Newport Beach
Pro'e >namc
A a Well Senior' Services: Home Delivered Meals
oeao'tiom
mn wo`eb a: 2010 -OS UOGCOdw. ICA62454 NEWPORT BEACH
Age : Well Senior Services will provide home- delivered meals to homebound senior citizens (62
yearspr'older) who are uanble to prepare meals for themselves due to age, Illness, or disability.
COBG,funds will be.-used to pay for a portion of the salary of home- deliverd meal staff.
Location:
.,,;,g ZEE
Age WdISenlor S.MOS, IM.
29a006TOro Road, suite 2000,
Laguna Woo6s, CA, 92537
Select One:
IBIfCStmos
'
up] anadom
E «tm Com lotion Date:
Homebound senlbrs often have difficulty, preparing nutridously appropriate
meats for themselves. Home delivered nutritious meals enables homebound
seniors to remain Jr, their homes, avold being Insdtudonalhed; and seats
a. inoresultable1Mryervironment. ,-
Natbnal Ob)ecdve Citation: LNC 570.208(a)(2)(0(A)
0 D11 -' -
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2010 -2011 Action Plan Revised 04 -19 -10
mow—.. Grantee Name: City of Newport Beach
ed Name:
Share Our Selves SOS Free Medical and Dental Clinics -
0esvigom
,S
lama ed A: 2a1trOJ UOCCode: ICA62454 NEWPORT BEACH
Sbarepur Selves will provide primary/urgent'are on a dally walk -In bask, duanic core, and specialty rare
by appointment to unlsured Orange County residents and patients In the County HSI Program. In addition,
SOS provides brid-ge medical rare 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.establlsh a medial home closer to.home. Full scope primary ara/ument are dint¢ Is a -
cpmmltment to we open access for those lacking a more tadigonal medical home.
1550So erWrA
Isla M.,CA92627
C¢ua Mesa, CA 92627
Select one:
eJ
—
-
EVIaruUom
E m Cam toUan Date
Provide free mcllal and decal care to uni ured low /mZinwme ns.
Natlanal Objective Citation: 1MC 570.208(a)(2)(1)(B)
'
6/30 011
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wcadrgsultatiluhvinBi '+!Nr.nment.
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2010 -2011 Action Plan Revised 04-19-10
Grantee Name: City of Newport Beach
ee some:
Utir Assessment District Grant Pm lam
MPro
d..,
91325 Project o: g010-o9 uoe cede:
CA62454 NEWPORT BEACH
This project will help to provide Mandal'asslstance to the Impactedl low - :and moderate- Inoume owner-occupants ,
Iocate0 within proposed utility undergrounding Assessment Districts In the dry of Newpdrt Beach. In order to reduce
the financial. burden of an Assessment plstrlct, the City proposes a grant program to cover a portion or the WA of
utility hook -ups to owner - occupants within the District(s). Households that 6innot afford to make'the neahzary hook
ups after uUlitlrs have been undergrounde d will be left withouteleo`.IfciN;.thereby creating a health bed safety .
ounce. for the City. G ects to assist for more low- and moderate -Income owner-oau anW with and mun
wcoe.ru
Pay= ,.- :rt'o'r _ "if°:6eYo:i "xe°amcin .'irt. -tip:' ^.,J:
"�
City of Newport Beach
:'.
3300 Newport Blvd.
Select one:
m.aampre x.ma v
- - - -
Newport Beach; CA 92658
-
explanation:
LNC -
Provide cal nce to b eat income households for outilutility
hookups which ill hepo the bts1c: (y vcesMtheU.ioms
Nation al Objective Citalln: IAtC 5570.203(x) 3)
O
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2010 -2011 Action Plan Revised 04 -19 -10
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPENDIX A:
SF -424 AND CERTIFICATIONS
4nticipate0,13rcgramancome$9 - ., ther (Des : , a) '-
Total Funds Leveraged for HOME -based Project(s)'
HousingOpportiinities for People with AIDS. .... 14.241 HOPWA
HOPWA Protect Ttles N/A : Description of Areas Affected by.HOPWA Project(s)
SHOPWA Grant Amount - dditional HUD Grant(s) �De
sdribe -
evera ed d -
£Additional Federal Fundsieveraged - $ Additional State Funds' Leveraged'
Is the applicant delinquent on any federal debt? If LJYes .Tpis appl 'cat ion was made,aveilable to:the
"Yes please include an additional document state:E0,1237.2 rocess forreview'on'DATE
explaining the situation. ®;No Pro ram is not covered by EO 12372
0 Yes - _® No LI NW.'., Program has not been selected by the state
for review
arson to be contacted regarding this application
SF 424 Page 2 Version 2.0
$Locally Leveraged Funds --
GranteeFUnds Leveraged ..
fiAnticip"ated Program Income
Other (Describe)
Total Funds Leveraged for rHOPWA- based Project (s):
Emergency.SfielterGranii Program ' - - ,- .14.231
ESG
ESP Project Titles 'NIA - ,� - - -
Description'of Areas Affebte6by 'ESG Protect(s)�, ,
SESG.Grant Amount
A dditional:HUDGrant(s)Leveraged escnbe --
$Additional F.ederal;Funds Leveraged.
ddiflooal.State Funds.Ceveraged :„ '
SLocallyeveraged Funds ' ;
$Grantee Funds Leveraged -
SAnticipated Program Incrome ;
ther(Descnbe)
FotaLFunds Leveraged.fu ESG -based Project(s).- -
Is the applicant delinquent on any federal debt? If LJYes .Tpis appl 'cat ion was made,aveilable to:the
"Yes please include an additional document state:E0,1237.2 rocess forreview'on'DATE
explaining the situation. ®;No Pro ram is not covered by EO 12372
0 Yes - _® No LI NW.'., Program has not been selected by the state
for review
arson to be contacted regarding this application
SF 424 Page 2 Version 2.0
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 ail 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
Ci manager
Title
3300 Newport Boulevard
Address
Newport Beach CA 92663
City /State /Zip
949 644 -3000
Telephone Number
Date
CPMP Non -State Grantee Certifications 2 Version 2.0
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, J, 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 92663
City /State /Zip
949 644 -3000
Telephone Number
Date
CPMP Non -State Grantee Certifications 4 Version 2.0
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
subreciplents or subcontractors In covered workplaces).
Note that by signing these certifications, certain documents must completed, in use, and on file for
verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3. Anti - displacement and Relocation Plan
Signature/Authorized Official
David Kiff
Name
City Manager
Title
3300 Newport Boulevard
Address
Newport Beach CA 92663
City/State /Zip
949 644 -3000
Telephone Number
Date
CPMP Non -State Grantee Certifications 6 Version 2.0
City of Newport Beach
HOUSING
5-Year Strategy: Preserve and improve the existing housing stock and ensure equal access
Summary of Specific Annual Objectives
CPMP Version 2.0
Specific Obj. Outcome/Objective
# Specific Annual Objectives
S.,,C,, of Funds
Performance Indicators
Year
Expected
Number
Actual
I Number
Percent
Completed
KIHA,;�°rA'.vai I ai 0.0 & 7A'cEii9ii b 11 &nd fOdve hit, Ff L6'sy Ek,
Section f 8-Hou'sing'*Choi C6'Voucher.- Maintain.
existing level '6fr 8 ectiom8:.housing -voucher , s and.
rent-resiricfed units �Vithl . n. . the . ;City'-at U nsR of
.
co . nve , rsio n, to rKarkei.rate housing i6ugh
re qcin g.
Section 8.
Housing,
2010
400
0%
2011
400
0%
In ueu*ee. -
2012
'400
0%
2013
.400
0%
2014
400.
0%
MULTI-YEAR GOAL
2000
0
0%
DH-1 (1)
Housing Rehabilitation Programs &.Utility+
do'6hecti8ri'Programs' I .-- Prevent deterioration of
p I rooerfy and Orovidefiiiibnci.al'assidtahce for
N-06ir:, iehabilltdti6n, andlutility, urdeirgro'Und
hook 1'�6pS.6,lovv- and m'dde' r+ate'+,ihcbm
households.
CDBG
Housing Units
010,
2L,
0%
2011
5
0%
2012
3
0%
2013
3
0%
2014
3
0%
MULTI-YEAR GOAL
21
0
0%
Fiir'HoOsing Program Ensure, universal
access i-to fair•hdu'sirg ch9ic&. in Wd City .'
„
Wbd
People
2010
-.200
0%
2011
'260
0%
2012
200
0%
2013
200-
0%
2014
200
oy
MULTI-YEAR GOAL
1000
0
0%
e
2010-2014 Consolidated Plan Strategles and Specific Annual Objetives Appendix "B"
City of Newport Beach
CPMP Version 2.0
SENIOR SERVICES
5 -Year Strategy: Provide quality supportive services so elderly residents can live as independently as possible
Summary of Specific Annual Objectives
Specific Obj. Outcome /Objective
if
Specific Annual Objectives
Sou=,f ds
Performance Indicators
Year
Expected
Number
Actual
Number
Percent
Completed
fLK° �SL�1 "?!.9�AYatl�a'b`ili"`,lA'c'c sslblli', tofiS •tijt'ab "le;lfrvin'7EA.uiro menica ''-�?. ` 777` VXf`XsnSW
7a:��
SL-1 (1)
Irriprove suppgrtive services for elderly
residents throe h,
9
^General Senior Programs
- Informa6on<and Referral Services
-Food arid4Essenti6l Seances ,
CDBG ',•
People
2010,*,:
', .100
0%
2011
100
'.
0%
2012.
100:
0%
2013.!
100
0%
2014
' . , 100
:
0%
ti Services"
SenlorTraris ortaon
p
MULTI -YEAR GOAL
"`500
0
0.0%
..
" .
2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B"
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 HIV /AIDS
Summary of Specific Annual Objectives
Specific Obj. Outcomo /Objective
#
Specific Annual Objectives
Sources of Funds
Pertormence Indicators Year
Expected
Number
Actual
Number
Percent
Completed
SLt if+ 16A' lapili '7ACoess'tLaiii ofiESuitatile 11 i.tstRIEri ?ilEtihmeP
7+►""'". -
F_i
Preserve the;supply of emergency and transitional
housing, increase`supportiVe services forpers"ons
living n.. HIV /AIDS and -improve.services for "
CDBG
2010
100'
0%
homeless persons and prevent those at 11* of :.
2011
100
..
0%
hometessriess through:
Homeless Preventioh Programs „. •,.
"People:
2012
100
0%
SL -1 (3)
_ Transitional Housing
- Emergency Shelter to Victims of Domestic
Violence-
2013
100
o
0%
Transitional Housing and Support Services f6r'
Victims of Domestic Violence'
2014
... ;: 100
0%
- Case "Management and•Other Services
MULTI -YEAR
GOAL
0
0.0%
2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix T"
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
Specific Outcome/Objective
Obj. # Specific Annual Objectives Sources of =F.nds=Perfonmance
Indicators Year
Expected Actual Percent
I Number Number I Completed
SL-3 (1)
L—
Repay6idnt Section 108 Loan ,Balb'oa Village.,
li�l5rbve&nii - Preserve'.'66minun"It Y
' '
Infrastructure :irforderio�&lircifiai6 blight
bii6hfi g influences, and prevent deterioration
roperty.- The ,irnprovenient6:will sti i
9!:p Mulate
f9ture-ec6hoinic investments , - and dreate'a
suitable living enVironrnefit.,
L
CDBG
Ptibli6
, 1
1
0%
_Z010
2011
1
0%
2012
1
0%
2013
1
0%
2014
:*1
0%
f-MULTI -YEAR GOAL
5
0
0.0%
2010-2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B"
City of Newport Beach Notice of Funding Availability (NOFA)
Inviting Applications for the Community Development
Block Grant (CDBG) Program For Fiscal Year 2010 -2011
APPLICATIONS WILL BE AVAILABLE DECEMBER 12TH, 2009 THROUGH JANUARY
20'h, 2010
The Federal Housing and Community Development Act of 1974, as amended, provides
Federal Community Development Block Grant (CDBG) funds to the City of Newport
Beach for projects that promote the development of viable urban communities by
providing decent housing, suitable living environments, and expanded economic
opportunities, particularly for low- and moderate - income persons. The City of Newport
Beach anticipates receiving approximately $370,000 in CDBG funds for fiscal year
2010 -2011.
NOTICE IS HEREBY GIVEN that the City of Newport Beach is currently accepting applications for eligible
public services. The application may be used by non - profit organizations to request funding or by Newport
Beach residents to suggest that the City or other organization undertake a new program. A general
description of eligible public services is summarized below.
ELIGIBLE 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. newi)ortbeachca .gov /index.asi)x ?oaoe =1126 or the City of Newport
Beach, Economic Development Division, 3300 Newport Blvd., Newport Beach.
Additionally, applications can be obtained by contacting Kathlyn Bowden at (949) 644-
3230. Completed applications will be accepted until 12:00 p.m. on Wednesday,
January 20, 2010 at the City of Newport Beach, Economic Development Division.
Questions regarding this NOFA should be directed to Kathlyn Bowden, Economic Development
Coordinator for City of Newport Beach at (949) 644 -3230.
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPEN DIX ®e
MAP (NEWPORT BEACH ELIGIBLE AREAS)
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2010 -2011
APPEN DIX E-
ACTION PLAN CHECKLIST
8. Has the grantee exceeded the 5% Admin. Cap for ESG?
Yes No N/A
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(f)
1. Did the grantee include a narrative, maps, or table that identify the geographic areas in which it
will direct assistance?
Yes No Verification found on page /s
2. Does the grantee provide a description of the areas, including areas of minority concentration, in
which it will direct funds?
Yes No Verification found on page /s
3. Does the grantee provide the rationale for the priorities for allocating investment geographically
for each program, including within the metropolitan area (or a State's service area) for the
HOPWA program?
Yes No 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(al
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 NIA
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
persons or entities, public and private, in order to facilitate the activities of the
participating jurisdiction to provide affordable housing under the HOME program or any
other Federal housing law applicable to such jurisdiction?
Yes) NOT
h) If a jurisdiction intends to use HOME funds to refinance existing debt secured by
multifamily housing that is rehabilitated with HOME funds, did it state its financing
guidelines required under 24 CFR 92.206(b)?
YesT Nof
C. AMERICAN DREAM DOWNPAYMENT INITIATIVE N/A
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?
Yesf NOT
2. Plan for conducting targeted outreach to residents and tenants of public and manufactured
housing and to other families assisted by public housing agencies, for the purposes of ensuring
that the ADDI funds are used to provide downpayment assistance for such residents, tenants,
and families?
Yes No
3. A description of the actions to be taken to ensure the suitability of families receiving ADDI funds
to undertake and maintain homeownership, such as provision of housing counseling to
homebuyers?
YesT NOT
L1I.L91WUMM U,
a) Does the action plan specify on -year goals for the number of low- income households to be
provided affordable housing using HOPWA funds for short-term ret, mortgage, and utility
payments to prevent homelessness; tenant -based rental assistance, units provided in
housing facilities operated with HOPWA funds?
YesT NOT Verification found on page /s
b) Does the action plan identify the method for selecting project sponsors (including providing
full access to grassroots faith -based and other community organizations)?
Yesf NOT
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.