HomeMy WebLinkAboutC-4361 - Community Development Block Grant (CDBG) Public Services Agreement FY 09-10CDBG PUBLIC SERVICES AGREEMENT
Between the
City of Newport Beach and South County Senior Services, Inc.
THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement') is entered into this 1st
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, SOUTH COUNTY SENIOR
SERVICES, 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 HOME - DELIVERED MEAL PROGRAM, which
provides home - delivered meals to homebound senior citizens living in the
Newport Beach area (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 TWENTY EIGHT THOUSAND FOUR HUNDRED
FOURTEEN DOLLARS AND 001100 ($28,414.00), 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:
Subrecioient'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. Tenn of Agreement.
This Agreement is effective from July 1, 2009 through June 30, 2010, unless
earlier terminated pursuant to Section 16.
3. Compensation.
Upon compliance with the reporting requirements outlined in Section 6 below,
City shall reimburse Subrecipient an amount not to exceed TWENTY EIGHT
THOUSAND FOUR HUNDRED FOURTEEN DOLLARS AND 001100
($28,414.00), 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.
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.
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.
F. 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).
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.
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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.
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.
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.
The City and the United States Government and /or their representative shall also
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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.
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 Orion 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.
Subrecipienfs Initials A�
13. Indemnification.
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.
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.
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.
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.
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.
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.
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.
The award may be terminated for convenience in accordance with Title 24 C.F.R.
Part 85.44.
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.
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 thatwas 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 without the expressed and priorwritten permission
of the City.
18. Lobbying.
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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.
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.
The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
19. Notices
Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during the
receiving party's regular business hours or by facsimile before or during the
receiving party's regular business hours; or (b) on the second business day
following deposit in the United States mail, postage prepaid, to the addresses
below, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section.
City:
City of Newport Beach
Attn: Kathlyn Bowden, Economic Dev. Coordinator
Planning Department
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Subrecipient:
SOUTH COUNTY SENIOR SERVICES, INC.
Attn: Marilyn L. Ditty, CEO
24300 El Toro Rd., Bldg. A, Suite 2000
Laguna Woods, CA 92637
20. Non - Discrimination and Equal Employment Opportunity.
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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 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 Subcontractina.
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
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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 Workolace.
Subrecipient shall comply with the Drug -Free Workplace Act, and shall make a
good faith effort to continue to maintain a drug -free workplace, including
establishing a drug -free awareness program to inform employees about the
dangers of drug abuse and the grantee's policy and penalties for drug abuse
violations occurring in the workplace.
25. Non Waiver of Terms. Rights and Remedies.
Waiver by either party of any of the conditions of performance under this
Agreement shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by City of any payment to Subrecipient
constitute or be construed as a waiver by City of any breach of covenant, or any
default that may then exist on the part of Subrecipient, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy
available to City with regard to such breach or default.
26. Laws Governing This Agreement.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, and all applicable federal statutes and regulations as
amended. Any action brought relating to this Agreement shall be adjudicated in a
court of competent jurisdiction in the County of Orange.
27. Validity.
If any portion of this Agreement is held by a court or arbitrator of competent
jurisdiction to be invalid, void and unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
28. Entire Agreement.
This Agreement, and any other documents incorporated herein by specific
reference, represents the entire and integrated agreement between City and
Subrecipient. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, no any
provision or breach hereof waived, except in a writing signed by the parties that
expressly refers to this Agreement.
13
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
l3y:A,,-,(-�ff,---,
Aaron C. Harp,
Assistant City Attorney
City of Newport Beach
ATTEST:
Exhibit A: Scope of Services
15
CITY OF WPORT BEACH
A MuDeipal Corp rata n
rd W Se
Mayor
SUBRECIPIENT:
South County Senior Services, Inc.
Print Name: Marilyn Ditty
:
BYGt/� gyp -
(Financial Officer)
Title: (� ��� ✓Z
Print Name:
CITY OF NEWPORT BEACH CDBG
Exhibit A: Home - Delivered Meal Program
Project: Home - Delivered Meal Program
Organization: South County Senior Services, Inc.
Description:
South County Senior Services, Inc. (SCSS) will provide home - delivered meals to homebound senior citizens (ages 62 years
or older) who are unable to prepare meals for themselves due to age, illness, or disability. This program allows clients who
may otherwise be institutionalized to live independently. Participants will receive three (3) subsidized daily meals Monday
through Friday. CDBG funds will be used to pay for a portion of the salary of home - delivered meal staff.
HUD Matrix Code: 05A CDBG $28,414
Senior Services
Eligibility Citation: 570.201(x) HOME $0
Available to income eligible clientele throughout City
Help the homeless? No
Help persons with HIV /AIDS? No
Help persons with Special Needs? Yes
South County Senior Services, Inc.
24300 El Toro Road, Suite 2000
Laguna Woods, CA 92637
Dr. Marilyn Ditty
Executive Director
Phone: 949-855 -8033
17
Low Mod Clientele
National Objective:
ESG
$0
570.208(a)(2)(i)(A)
Accomplishment
140 Perseus
HOPWA
$0
Goal:
Start Date:
07101/2009
Other:
$1,665,761
End Date:
06/30/2010
Total:
$1,694,175
Available to income eligible clientele throughout City
Help the homeless? No
Help persons with HIV /AIDS? No
Help persons with Special Needs? Yes
South County Senior Services, Inc.
24300 El Toro Road, Suite 2000
Laguna Woods, CA 92637
Dr. Marilyn Ditty
Executive Director
Phone: 949-855 -8033
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 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 Stab' 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 ofCDBG 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 11:
The Operating DepaTtment/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; t 1) Bank Statements; 12) Bank Reconciliations; and 13) Documentation to support
the allocation of costs.
18
Exhibit A: Page 3 of 3
By signing below, I acknowledge that I have read and understand all of the special conditions listed above.
Furthermore, I acknowledge that iflfail 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 thefunds received and/or forfeit receiving
future Community Development Block Grant (CDBC) funds
lT '
ilyn L. Di ate
O
19
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:
1. Hold a public hearing to receive comments on the 2009 -2010 CDBG
Action Plan; and
2. Approve the 2009 -2010 CDBG Action Plan; and
3. Authorize the City Manager or his designee to execute the FY 2009 -2010
CDBG Program Grant Agreement and all related documents on behalf of
the City; and
4. Adopt Resolution No. authorizing the City Manager to submit
the FY 2009 -2010 application for CDBG funds and One -Year Action Plan
to HUD.
FY 2009 -2010 CDBG One -Year Action Plan
April 14, 2009
Page 2
5. Provide direction to staff on the use of affordable in -lieu housing fund for
maintenance & repair request from Seaview Lutheran Plaza.
DISCUSSION:
The City of Newport Beach's 2005 -2009 Five -Year Consolidated Plan, as
adopted on May 10, 2005, proposes a strategic vision for housing and
community development in the City. The plan ensures that citizens within the
community have an overview of Newport Beach's housing and community
development issues; the annual goals, objectives, and actions proposed to
address the City's needs; and the specific projects proposed to carry out those
goals and objectives.
According to HUD regulations, the City must also submit an Annual Action Plan,
at least 45 days prior to the beginning of each program year. The City of
Newport Beach operates on a fiscal year from July 15f 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 HIV /AIDS.
C. Homeless Funding Priorities:
1. Preserve the supply of emergency and transitional housing.
2. Improve services for homeless persons and prevent those at-
risk of homelessness from losing their housing.
3. Improve services for women and children who are homeless
because of domestic violence.
D. Non - housing Community Development Priorities:
1. Eliminate blight, blighting influences, and prevent the
deterioration of property.
2. Improve health and safety through rehabilitation of community
facilities.
3. Preserve community infrastructure in order to provide economic
empowerment in targeted neighborhoods.
In addition to the goals and objectives noted above, the federal government
requires that the City make every effort to address barriers to affordable housing.
The City's primary strategies to meet affordable housing needs are to:
• Increase the supply of affordable housing units for moderate - income
households through new construction.
• Maintain existing level of Section 8 housing vouchers and rent -
restricted units within the City.
• Ensure universal access to fair housing choice within the City.
The City has the option to fund fair housing services as part of the public service
grants (subject to the 15% maximum allocation) or as part of the general
administration funds (subject to the 20% maximum allocation). In order to make
FY 2009 -2010 CDBG One -Year Action Plan
April 14, 2009
Page 4
more funds available for public service projects, the City has elected to use
administration funds to pay for these services.
Strategies for addressing the priorities noted above can be found in the Strategic
Plan section of the 2005 -2009 Consolidated Plan.
Notice of Fundina Availabilit
On December 12, 2008, the City published a Notice of Funding Availability
(NOFA) in the Daily Pilot newspaper to announce the availability of CDBG funds
and solicit proposals from tax - exempt nonprofit organizations that provide eligible
CDBG services or projects that benefit Newport Beach residents. The City also
made the application available on the City's website and mailed notices to
agencies who received funds in the current Fiscal Year and other agencies who
had expressed interest in receiving funds.
In response to the NOFA, five public service providers submitted applications for
CDBG grants for Fiscal Year 2009 -2010, requesting a total of $92,864. In
addition, one affordable housing development and the City's Public Works
Department submitted applications for a total of $250,000 in capital projects.
Included in this report is a summary of the CDBG Grant Applications and staff
recommendations to the City Council.
Summary of Applications
The following information includes a brief description of the proposed service
activities and capital projects, including the amount of funding requested:
Program /Project 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 Meats $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
Program/Project Amount Programmed
City of Newport Beach — Section 908 Loan Repayment $197,535
Funds for this activity will be used to repay the City's Section 108 Loan. The loan
was used to partially fund public improvements to the Balboa Target Area totaling
$8 million. The scope of work includes the Balboa Village Pedestrian and
Streetscape Plan, Street Improvements to Balboa Boulevard, Pier Parking Lot,
Pier Plaza and Lot A connecting access to Main Street.
City of Newport Beach — CDBG Administration $60,000
The CDBG Administration program will pay for City staff salaries and consultant
fees to administer the CDBG program, prepare required reports, monitor sub -
recipients, prepare the 2010 -2014 Five Year Consolidated Plan, Action Plan, and
Citizen Participation Plan, and ensure overall program compliance with the
relevant federal regulations.
Fundina Rationale
CDBG regulations limit the amount of funding that can be used for public service
activities to fifteen percent (15 %) of the program year's entitlement grant.
Additionally, no more than twenty percent (20 %) of the program year's grant may
be obligated for planning and administrative costs. The remaining amount (65 %)
can then be allocated to support other projects.
City staff and the City's CDBG consultant have determined that the ADA
Sidewalk Improvements funds available in the 2009 -2010 CDBG allocation are
not enough to cover the overall construction expenses. The portion of work not
being funded with next year's CDBG fundsis eligible for prior year unallocated
funds subject to City Council approval of this reprogramming . The current total
of the unallocated fund is $25,111. Reprogramming $20,000 into the ADA
Sidewalk Improvement project will provide funds for 71% percent of the
requested amount for the 2009 -2010 ADA Sidewalk Improvements project.
Given the level of funding available, the amount of funding requested, past
performance and proposed accomplishments anticipated benefit to Newport
Beach residents, and City priorities, staff recommends that the City Council
provide funding for the following activities:
FY 2009 -2010 CDBG One -Year Action Plan
April 14, 2009
Page 8
FY 2009 -2010 PROGRAMS AND PROJECTS
REQUESTED
RECOMMENDED
FUNDING
FUNDING
ADMINISTRATION
(20% Max = $71,131)
CDBG Administration
(City Personnel Expenses and Consultant Services)
$6Q000
$60,000
Fair Housing Council of Orange County
Fair Housing Services
$14,364
$11,131
Total:
$74,364
$71,131
PUBLIC SERVICES PROGRAMS
(15% Max. = $53,348)
Human Options
Emergency Shelter for Battered Women
$20,000
$5,000
South County Senior Services
Mobil Meals
$28,500
$28,348
Serving People In Need (SPIN)
Substance Abuse Rehabilitation Program
$15,000
$10,000
Families Forward
Transitional Housing Program
$15,000
$10,000
Total:
$78,500
$53,348
CAPITAL EXPENDITURE PROJECTS
( 65% Max = $231,180)
City of Newport Beach - Public Works
ADA Sidewalk Improvements
$75,000
$33,645
City of Newport Beach- Planning
Section 108 Loan Repayment
$197,535
$197,535
Seaview Lutheran Plaza
$175,000
$0
Total:
$447,535
$231,180
TOTAL:
$600,399
$355,659
Reprogram Unallocated Funds to ADA Sidewalk
$20,000
2009.2010 CDBG AVAILABLE FUNDS:
$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.
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. Seaview's Board of
Directors has obtained bids for the replacement of the plumbing system and has
identified the total cost of replacement to be $350,000. Seaview has requested
funds from the City to cover half of the project cost ($175,000).
The City's in -lieu affordable housing fund has a remaining balance of
approximately $1,200,000. The City of Newport Beach Housing Element
Program 4.1.4. encourages the pursuit of local programs, including in -lieu funds,
for the preservation of existing low- income housing. Therefore, staff believes
that the in -lieu housing fund is a more appropriate funding source with sufficient
funds for Seaview's request. Staff is not aware of any other pending requests for
affordable housing in -lieu fees at this time.
Staff requests City Council's direction on whether or not staff may enter into
discussions with Seaview Lutheran Plaza regarding a grant of $175,000 in
affordable in -lieu housing funds for the replacement of its deteriorated plumbing
system.
ENVIRONMENTAL REVIEW:
Not subject to CEQA, as the activity is not a project, as defined in Section
15378(b)(4).
PUBLIC NOTICE:
Notice of the public hearing was published in the Daily Pilot on March 14, 2009.
FY 2009 -2010 CDBG One -Year Action Plan
April 14, 2009
Page 10
FUNDING AVAILABILITY:
HUD has not yet noted 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: Submitted by
Kathlyn Bowden, AICP Sharon Wood
Economic Development Coordinator Assistant City Manager
Attachments: Draft One -Year Action Plan and CDBG Resolution.
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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
HOME Match
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 Details
Appendices
A. SF-424 and Certifications
B. Project Summaries (CPMP Excel Tables)
C. Proof of Public Notices
D. Map (Newport Beach Eligible Areas)
E. Action Plan Checklist
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2
REVISED 03106109
'7
rT
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2009 -2010
Chapter 1. EXECUTIVE SUMMARY
m
1. EXECUTIVE SUMMARY
Overview of Consolidated Plan Process
Each year, the City of Newport Beach Treceives 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 in
three (3) ways:
By providing decent housing;
By providing a suitable living environment; and
By expanding economic opportunities.
To ensure that the funds are used to meet the most
City develops a community needs assessment.
quantitative and statistical research, resident surve
profits and service agencies. Based on the needs <
of goals and objectives to meet the community'
objectives address housing, homeless, and other
summary of the current strategic plan is included in
needs assessment and the Strategic Plan fc
Consolidated Plan is developed every five (5) years.
urgent needs in the community, the
The needs assessment includes
y results, and input from local non -
ssessment, the City compiles a list
> needs in a Strategic Plan. The
community development needs. A
this Plan. Together, the community
rm the Consolidated Plan. The
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 2009 -2010 Program Year.
One -Year Action Plan for 2009 -2010 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
the following efforts to include all community stakeholders in the development of the
action plan. This appendix has copies of the public notices and a summary of public
comments received.
This is the One -Year Action Plan for program year 2009 -2010, a component of the
2005 -2009 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 its Consolidated Plan.
In the 2009 -2010 Program Year, which starts July 1, 2009 and ends June 30, 2010, the
City of Newport Beach will receive $355;659 in CDBG Funds. The City will allocate
these funds to the following programs:
DRAFT CITY OF NEWPORT BEACH ANN VAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 1 -1
REVISED 03/06/09
1. EXECUTIVE SUMMARY
Use of CDBG Funds
- -
Y
Human Options — Community Resources Center
$ 5,000
Families Forward — Transitional Housing Program
$ 10,000
South County Senior Services — Mobile Meals
$ 28,348
Servin Peo le in Need — Substance Abuse Rehab Program
$ 10,000
City of Newport Beach —ADA Sidewalks Improvements
$ 33,645
Cit of New ort Beach —108 Loan Re a ment
$ 197,535
- It maw
City of Newport Beach — Program Administration
$ 60,000
Fair ousing Services
$ 11,131
{�,i,' , Ij 4. },
Request for Proposals
The City published a Notice of Funding Availability (NOFA) on December 12, 2008 in
the Daily Pilot newspaper. The City also made the application available on the City's
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 21, 2009 to
submit proposals. In response, five (5) public service providers and two (2) City
Departments /Sections submitted applications for CDBG grants for Fiscal Year 2009-
2010. The following organizations were involved in this process:
• Fair Housing Council of Orange County
• Families Forward
• Human Options
• South County Senior Services, Inc.
• Serving People In Need
• City of Newport Beach — Public Works Department
• 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's 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 2009 -2010 One -Year Action Plan. The
public hearing comment period ran from March 14, 2009 to April 14, 2009. (Pending
Inforination)_.comments were received from the public.
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 1 -2
REVISED 03106/09
it-
1. EXECUTIVE SUMMARY
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 14, 2009 before the City
Council. A total of five (5) public service agencies and two (2) City Departments were
present. Agencies in attendance were given an opportunity to present their program
and make a formal request for the funding of their program. Representatives from Fair
Housing Council of Orange County, Families Forward, Human Options, South County
Senior Services, and Serving People in Need spoke at the Council meeting on behalf of
their programs. There was (pending information) additional written or oral comment or
views from the public on the 2009 -2010 Action Plan.
The City is committed to 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 Department
of Public Works to determine needs and strategies within the City's organization.
2009 -2010 CDBG Allocations
The table below illustrates how the City will use the 2009 -2010 CDBG allocation to meet
the HUD - mandated priority need categories:
The anticipated program accomplishments for each HUD priority need category are
detailed in Local Objectives and HUD - Specified Objectives sections of this document.
The following table compares the goals of activities of 2009 -2010 program year funds
with those identified in the 2005 -09 Consolidated Plan.
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -1010 PAGE 1 -3
REVISED 03/06109
11
25,000
7%
Home less /HMAIDS
Non Homeless Special Needs
61,993
18%
Housing
11,131
3 %
Non-housing Community Development
-
-
Public Facilities
-
Infrastructure
$
33,645
10%
Economic Development
$ 197,535
55%
Public Services
$
53,348
15%
Administration
$
71,131
29
The anticipated program accomplishments for each HUD priority need category are
detailed in Local Objectives and HUD - Specified Objectives sections of this document.
The following table compares the goals of activities of 2009 -2010 program year funds
with those identified in the 2005 -09 Consolidated Plan.
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -1010 PAGE 1 -3
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11
1. EXECUTIVE SUMMARY
- -
- — —_T 2005 -2009 1 2009 -2010
ACTIVITY ACCOMPLISHMENT FIVE YEAR PROGRAM YEAR
I UNIT I C_GOAL , I GOALS
HOUSING f _
New construction - Rental Households 120 0
Public Housing- Section 8
Households
133
97
Fair Housing
Households
1,525
1 153
SPECIAL NEEDS POPULATIONS
Accessibility for Persons with Disabilities
Public Facilities
3
1 Facility
Supportive Services - Elderly
Persons
350
140
Supportive Services - Substance Abuse
Persons
25
8
Supportive Services - HIV /AIDS
Persons
200
0
HOMELESS
Emergency & Transitional Housing
Persons
1,250
120
Homeless Prevention
Persons
300
128
Victims of Domestic Violence
Persons
250
40
COMMUNITY DEVELOPMENT
Eliminate Blight
Households
2,500
497
Rehabilitate Community Facilities
Public Facilities
3
1
Preserve Community Infrastructure
Public Facilities
3
1
CDBG funds for the 2009 -2010 program year will be allocated among the following
national HUD outcomes for the three HUD objectives
-
HUD OUTCOMES _
_ UD OBJECTIVES AVAILABILITY
Y
ILITY -_
Provide Decent Affordable Housing 7%
Create Suitable Living Environments 41%
Create Economic Opportunities 52%
Improve the 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. The City
increases the accessibility of decent affordable housing for its elderly and disabled
residents through installation of ramps and providing curb cuts in many neighborhoods,
specifically in low- moderate areas within the City limits. Two funded projects in the
2009 -2010 program year will result in an increase in the accessibility of 153
low /moderate- income households and 8,386 low /moderate income persons:
• Fair Housing Services
• City of Newport Beach — ADA Sidewalk Improvements
Increase Availability and /or Accessibility of Suitable Living Environments is
accomplished as the City contributes CDBG funds to five 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 238 low /moderate income persons:
DRAFT CITY OF NEWRORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 1.4
REVISED 03108109
10
1. EXECUTIVE SUMMARY
• Families Forward — Transitional Housing Program
• Human Options — Community Resource Center
• Serving People in Need (SPIN) — Substance Abuse Treatment
• South County Senior Services — Home Delivered Meals
• City of Newport Beach — CDBG Administration
Increase 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 2009 -2010 program year,
the City will use a portion of the CDBG funds to pay the debt on a prior CDBG loan that
was the catalyst to improve the Balboa Village area:
• City of Newport Beach — Section 108 Loan Repayment
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 1 -5
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CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2009 -2010
Chapter 2. STRATEGIC PLAN
2. STRATEGIC PLAN
Overview
The following is a summary of the Five -Year Strategic Plan 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 2005 -2009
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 2009 -2010 program year will
strive to serve low- and moderate - income persons. No activities will seek eligibility
under the "urgent need" eligibility.
Newport Beach Program Objectives
Housing Funding Priorities and Strategies:
1. Increase supply of housing units affordable to moderate - income households
through new construction.
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.
Special Needs Funding Priorities and Strategies:
1. Increase accessibility of persons with disabilities to public facilities.
2. Improve supportive services for elderly residents.
3. Increase supportive services for persons suffering from substance abuse
4. Increase supportive services for persons living with HIV /AIDS.
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 2 -1
REVISED 03106109
Y-1
2. STRATEGIC PLAN
Homeless 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.
Non - Housing Community Development
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.
HUD - Specified 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
DKAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010
REVISED 03106109
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 set a target of adding 120 senior housing
units in the Consolidated Plan. This goal has been met with the completion of 120
units of senior housing at the Newport Seniors project at Lower Bayview. The City
provided $1,000,000 in subsidies and waived an additional $250,000 in fees. The
project was completed in 2006.
2. Maintain current level of Section 8 Voucher 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 97
vouchers within the Newport Beach City boundary. The City will continue to support
this county administered program and promote the increase of vouchers in the City.
3. 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, code enforcement,
legal aid, and investigation into discrimination complaints. The City will also partner
with other local jurisdictions and the Fair Housing Council of Orange County to
update the regional Analysis of Impediments to Fair Housing (AI).
The Fair Housing Council provides services above and beyond 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.
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 2d
REV(GEO Oa /06109
2. STRATEGIC PLAN
Newport Beach Program Objectives: Special Needs
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 year, the City will provide $33,645 for such improvements.
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 $28,348 of CDBG
funding to South County 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.
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 with $ 10,000 of CDBG funding. This
program provides access to recovery programs to homeless and low- income
individuals whom otherwise could not afford such services. The program includes
one month of room and board, counseling, and supplemental services focused on
employment, medical assistance, and legal assistance.
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, it will continue to partner with Mercy House in assuring Newport
Beach adults living with HIV or AIDS are being served.
AFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 20092010 PAGE 24
NISED 03108!09
'2_1
2. STRATEGIC PLAN
Newport Beach Program Objectives: Homeless
1. Preserve the supply of emergency and transitional housing
While no emergency shelter or transitional housing facilities are located within
Newport Beach, the provision of shelter is a priority for the City. The City will work
with agencies in surrounding areas address homelessness. In FY 2009 -2010 the
City will fund the following activities to meet this goal:
• Human Options Community Resources Center $5,000
• Families Forward Transitional Housing Program $10,000
• Serving People In Need Substance Abuse Rehabilitation Program $10,000
2. Assist homeless and prevent those "at- risk" of becoming homeless Li
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 2009 -2010 to meet this goal:
Human Options Community Resources Center $5,000
Serving People In Need Substance Abuse Rehabilitation 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
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 2009 -2010 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 $5,000
• Families Forward Transitional Housing Program $10,000
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010
REVISED 03/06/09
4 r-
2. STRATEGIC PLAN
Newport Beach Program Objectives: Community Development
1. 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 signs of deterioration in its early stages.
• City of Newport Beach Section 108 Loan Repayment $197,535
2. Improve health and safety through rehabilitation of community facilities.
The City will continue to provide funding for ADA Improvements to public facilities
throughout the City to ensure accessibility to residents with disabilities. In addition,
the City will fund the Code Enforcement program to ensure the health and safety of it
residents. The City will also use general fund monies to pay for code enforcement
staff and building to conduct housing inspections in designated low- and moderate -
income areas of the City.
• City of Newport Beach ADA Sidewalk Improvements $33,645
3. Preserve community infrastructure to provide economic empowerment in
targeted neighborhoods
In FY 2009 -2010, the City will use CDBG to repay the loan used for the Balboa
Village Pedestrian and Streetscape improvements, provide other funding sources to
fund code enforcement officers to identify deterioration in its early stages, and fund
programs that help persons gain a higher degree of self - sufficiency.
City of Newport Beach Section 108 Loan Repayment $197,535
Serving People In Need Substance Abuse Rehabilitation $10,000
DRAFT CITY OF NEWPORT REACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 2$
REVISED 03108109
� A
2. STRATEGIC PLAN
HUD - Specified Objectives
1. Address Obstacles to Meeting Needs
The development process in housing and community development is lengthy and
complex. A wide range of obstacles often hampers it. HUD asks local governments
to strategize 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.
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.
• 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.
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 2 -7
REVISED 03/06/09
2. STRATEGIC PLAN
• Partner with the "To Be Determined" 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 South County Senior
Services, Inc.'s Mobile Meals Project supports self - sufficiency of seniors and
persons with disabilities.
In the 2009 -2010 program year, the City will fund the following activities that will
directly contribute to reduction of poverty levels in Newport Beach:
• South County Senior Services Mobile Meals $28,348
• Human Options Community Resources Center $5,000
• 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
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
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 28
REYISEO 03(06(09
:fit
2. STRATEGIC PLAN
environmental review, prevailing wage requirements, and Section 3 requirements.
Long -term monitoring of capital expenditure projects is maintained through quarterly,
semi - annual and annual sub - recipient reports. The reporting requirements are
clearly defined in the applicable capital expenditure agreement and explained to
sub - recipients prior to the implementation of the agreement. The reports vary
according to the type of capital expenditure project such as housing and facilities.
Included in the agreement are other conditions including property standards, on -site
inspections, and funding requirements. Many of the capital expenditure agreements
for housing related activities contain affordability covenants to ensure the units are
made affordable through the period of affordability, made available to and occupied
by the target population, and appropriate size /type for the respective households.
The City reviews the reports submitted by capital expenditure sub - recipients to
ensure compliance of long -term capital expenditure projects. Additionally, the City
has annual site - inspections to ascertain compliance with housing codes and other
conditions of the capital expenditure agreement. Sub - recipients who are not in
compliance are put on a work out plan and monitored more frequently until the
project is in compliance with the applicable conditions and requirements specified in
the agreement.
7. Address Threat of Lead -Based Paint
Most cities that administer a residential rehabilitation program can make great
strides toward reducing the threat of lead -based paint in its housing stock. However,
the City does have a residential rehabilitation program so it must find other ways to
address lead -based paint hazards. In the upcoming year the City will take the
following actions:
• Work with agencies in a collaborative effort to secure funding and provide low -
cost training to testing and abatement contractors and workers.
• Monitor the lead- poisoning data maintained by the Orange County Department of
Health Services.
• Educate residents on the health hazards of lead -based paint through the use of
brochures and encourage screening children for elevated blood -lead levels.
8. Improve Public Housing
As stated in the fourth local housing goal in the above section, the City will assist the
Orange County Housing Authority (OCHA) to maximize the use of Section 8 funds
and other resources within Newport Beach. There are currently thirty -one (31)
OCHA participating jurisdictions, including Newport Beach. Representatives from the
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
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 2 -9
REVISED 03/06/09 -
/7 it
2. STRATEGIC PLAN
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.
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010
REVISED 03/06/09
2. STRATEGIC PLAN
• 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 (CM1S), 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.
GRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 2 -11
REVISED 03!06/09
,f -.i
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2009 -2010
Chapter 3. AVAILABLE RESOURCES
3. AVAILABLE RESOURCES
Federal Resources
The City received a total of $355,659 in CDBG funds for the 2009 -2010 program
year. This year there are no carry over funds from prior years. In total, the City has
$355,659 for the 2009 -2010 program year.
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 notified of the potential allocation of stimulus CDBG funding
under the American Recovery and Reinvestment Act (ARRA). Staff will provide the
City Council with further updates as information becomes available from HUD.
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
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010
RE VIBED 03/06/09
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2009 -2010
Chapter 4. DISTRIBUTION OF RESOURCES
�. ;I
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 2005 -09 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.
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 9 -1
REVISED 03106/09
z,r
CITY OF NEWPORT BEACH ANNUAL ACTION PLAN
FOR PROGRAM YEAR 2009 -2010
Chapter 5. PROGRAM YEAR ACTIVITIES
r„
5. PROGRAM YEAR ACTIVITIES
2009 -2010 Program Year Sources of Funds
ID Fund Source Amount
2009 -2010 CDBG Entitlement U.S. Dept of H.U.D. $355,659
Unallocated Funds U.S. Dept of H.U.D. $25,111
TOTAL SOURCES $380,770
2009 -2010 Program Year Uses of Funds
ID Organization Program /Project Funded Amount
Fair Housing Council
Families Forward
Human Options
Serving People In Need
South County Sr. Services
City of Newport Beach
City of Newport Beach
City of Newport Beach
Unallocated Funds
TOTAL USES
Fair Housing Services
Transitional Housing Program
Community Resources Center
Substance Abuse Rehabilitation
Meals on Wheels
ADA Sidewalk Improvements
108 Loan Repayment
CDBG Administration
CRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 20
REVI8E0 33108/09
$11,131
$10,000
$5,000
$10,000
$28,348
$33,645
$197,535
$60,000
$25,111
$380,770
AGE 5 -t
a
5. PROGRAM YEAR ACTIVITIES
W"-
Description: Project to provide for the overall administration of the CDBG Program, to
include: preparation and submission of required contracts with HUD, submission of all
reporting requirements, provision of individual project oversight, monitoring of all project
implementation and ongoing completion, and fiscal management and oversight.
Program Administration is performed by a combination of City Staff and a Professional
Consultant.
C-
HUD Matrix Code:
21A
CDBG
$60,000
CDBG Administration
Eligibility Citation:
570.206
HOME
$0
National Objective:
N/A
ESG
$0
Accomplishment
N/A
HOPWA
$0
Goal:
Start Date:
07/01/2009
Other:
$0
End Date:
06/30/2010
Total:
$60,000
N/A
City of Newport Beach
Help the homeless? No
3300 Newport Blvd
Help persons with HIV / AIDS? No
Newport Beach, CA 92658
Help persons with Special Needs? No
Leigh De Santis,
Economic Dev. Administrator
Phone: 949-644-3207
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009-2010 PAGE 5-2
REVISED 03106t09
Wrie
5. PROGRAM YEAR ACTIVITIES
DRAFT CITY OF NEWPORT BEACH ANNUM ACTION PLAN FOR. PROGRAM YEAR 2999.2010 PAGE 5.3
REV Iis EO 03/06198
Description: This project will provide fair housing education, counseling, and
enforcement services to current or potential Newport Beach residents, coupled with
landlord /tenant counseling services. These services impact and benefit target CDBG
areas and the City's extremely -.low to moderate income population. They help
counteract unlawful housing discrimination and assist CDBG target areas in reducing
blight. We facilitate the opportunity for landlords and tenants to correct wrongful housing
policies or behavior. It is estimated that, in Newport Beach, this program will address 3
allegations of housing discrimination that result in the opening of a case file, and
address approximately 150 landlord /tenant disputes, issues or concerns.
�,...�:.r
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HUD Matrix Code: 21D
CDBG
$11,131
Fair Housing Activities
Eligibility Citation:
570.206
HOME
$0
National Objective:
N/A
ESG
$0
3 Households
Accomplishment
(Discrimination)
Goal:
150 Households
HOPWA
$0
(Landlord/Tenant)
Start Date:
07/01/2009
Other:
$ 5,419
End Date:
06/30/2010
Total:
$16,550
`,r�. a
rya #itfser -
Available to ALL Newport residents
_ ,
Fair Housing Council
Help the homeless? No
201 S. Broadway
Help persons with HIV / AIDS? No
Santa Ana, CA 92701
Help persons with Special Needs? No
Dave Levy
Development Director
Phone: 714 - 569 -0823 x 204
DRAFT CITY OF NEWPORT BEACH ANNUM ACTION PLAN FOR. PROGRAM YEAR 2999.2010 PAGE 5.3
REV Iis EO 03/06198
5. PROGRAM YEAR ACTIVITIES
I t s o ewer mss" f erti WIN
Description: Human Options Community Resource Center offers a wide variety of
counseling and education 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 and trauma therapy, information and referrals, intake to
Human Options emergency shelter. All services are offered in English and Spanish.
Funds will be used to pay for staff salaries of those who provide counseling and case
management.
r .I
I
�,_
05G
HUD Matrix Code:
Battered and Abused
CDBG
$5,000
Spouse
Eligibility Citation:
570.201(e)
HOME
$0
National Objective:
Low Mod Clientele
ESG
$0
570.208(a)(2)(i)(A)
Accomplishment
40 Persons
HOPWA
$0
Goal
Start Date:
07/01/2009
Other:
$391,389
End Date:
06/30/2010
Total:
$396,389
=a
Available to clientele throughout City
Human Options
Help the homeless? Yes
P.O. Box 53745
Help persons with HIV /AIDS? No
Irvine, CA 92619
Maricela Rios -Faust
Help persons with Special Needs? No
Phone: 949 -737 -5242
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR P'RO'GRAM YEAR 20.09 -2010 PAGE 5.4'
'REVISED 0310.5109
PAW
5. PROGRAM YEAR ACTIVITIES
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2 009-20 10 PAGE 5-
REVISED 03106109
AM
Description: Families Forward Transitional Program (THP) transits struggling families
from crisis to stability and self sufficiency. THP has five primary goals, each of which
supports the programs overarching goal of achieving familial self sufficiency. The target
population is homeless families with children and they may stay up to two years and are
required to pay up to 30 percent of their income for rent- 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. It is
anticipated that 80Newport Beach residents will be served during the year.
-h
mom
Now
N�
03T
HUD Matrix Code
Operation of Shelter
CDBG
$10,000
Costs
Eligibility Citation:
570.210(e)
HOME
$0
National Objective:
Low Mod Clientele
ESG
$0
570.208(a)(2)(1)(A)
Accomplishment
Goal:
80 Persons
HOPWA
$0
Start Date:
07/01/2009
Other:
$877,875
End Date:
06/30/2010
Total:
$887,875
MOCK.
Available to clientele throughout City
Families Forward
Help the homeless? Yes
9221 Irvine Blvd.
Help persons with HIV / AIDS? No
Irvine, CA 92618
Help persons with Special Needs? No
Margie Wakeharn
Executive Director
Phone: 949-552-2727
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2 009-20 10 PAGE 5-
REVISED 03106109
AM
5. PROGRAM YEAR ACTIVITIES
DRAFT CITY OF NEWPORT BEACH ANNUAL A6TION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 5 -6
REVISED 03106/09
/14..
Description: South County Senior Services, Inc (SCSS) will provide home- delivered
meals to homebound senior citizens (ages 60 years or older) who are unable to prepare
meals for themselves due to age, illness, or disability. This program allows clients to live
independently who may otherwise be institutionalized. Participants will receive three (3).
subsidized daily meals Monday through Friday. Funds will be used to subsidize the cost
of these meals.
oky
WI ll
HUD Matrix Code:
05A
CDBG
$28,348
Senior Services
Eligibility Citation:
570.201(e)
HOME
$0
National Objective:
Low Mod Clientele
ESG
$0
570,208(a)(2)(i)(A)
Accomplishment
140 Persons
HOPWA
$0
Goal:
Start Date:
07 /01/2009
Other:
$1,665,827
End Date:
06 /30/2010
Total:
$1,694,175
Available to income eligible clientele
South County Senior Services, Inc.
throughout City
(SCSS)
Help the homeless? No
24300 El Toro Road, Suite 2000
Help persons with HIV / AIDS? No
Laguna Woods, CA 92637
Dr. Marilyn Ditty
Help persons with Special Needs? Yes
Executive Director
Phone: 949- 855 -8033
DRAFT CITY OF NEWPORT BEACH ANNUAL A6TION PLAN FOR PROGRAM YEAR 2009 -2010 PAGE 5 -6
REVISED 03106/09
/14..
5. PROGRAM YEAR ACTIVITIES
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009.2010 PAGE $ -7
REVISED 03/06109
, I, L
Description: SARP provides access to recovery programs to homeless individuals
who cannot afford it otherwise. Serving People in Need (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. Program estimates serving 8 Newport residents
and 425 Orange County residents overall.
1, WI
MIT
m
TIP
p
05F
HUD Matrix Code:
Substance Abuse
CDBG
$10,000
Recovery Services
Eligibility Citation:
570-201 (e)
HOME
$0
Low Mod Clientele
National Objective:
570.208(a)(2)(i)
ESG
$0
Accomplishment
Goal:
8 Persons
HOPWA
$0
Start Date:
07/01/2009
Other:
$612,912
End Date:
06/30/2010
Total:
$622,912
MIAMI �` N
IWNVXKW�
-5
Available to eligible clientele throughout City
Serving People in Need (SPIN)
Help the homeless? Yes
151 Kalmus, H2
Help persons with HIV / AIDS? No
Costa Mesa, CA 92626
Help persons with Special Needs? Yes
Jean Wegener
Executive Director
Phone: 714- 751 -1101
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009.2010 PAGE $ -7
REVISED 03/06109
, I, L
5. PROGRAM YEAR ACTIVITIES
'1:! 0
! ��� �� , - N
Im
!
Description: Funds will be used to make improvements to public facilities to allow for
greater accessibility to Newport Beach residents with disabilities. Improvements will
include curb cuts and installation of ADA Accessible handicapped ramps throughout the
City. In ad ' dition, the program will include the replacement of damaged curb, gutter, and
sidewalk improvements within eligible CDBG target areas.
HUD Matrix Code:
03L
CDBG
$33,645
Sidewalks
Eligibility Citation:
570.201 ( c )
HOME
$0
National Objective:
LIVIA
ESG
$0
570.2 08(a)(2)
Accomplishment
HOPWA
$0
Goal:
1 Public Facility
Start Date:
07/01/2009
Other:
$0
End Date:
0613012010
Total:
$33,645
OW o 41er
1 t FA- �w-
Eligible CDBG Target Areas
City of Newport Beach
Help the homeless? No
3300 Newport Blvd
Help persons with HIV / AIDS? No
Newport Beach, CA 92658
Robert Stein,
Help persons with Special Needs? No
Assistant City Engineer
Phone: 949-644-3207
AFT CiTy OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009. 2'010. PAGE 5.0
VISED 03106109
it I
5. PROGRAM YEAR ACTIVITIES
1 * iLyof a r1B2aehS c m 8;daPme
Description: 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 Pedestrian and Streetscape Plan, Street
Improvements to Balboa Blvd., Pier Parking Lot, Pier Plaza, and Lot A connecting
access to Main Street.
HUD Matrix Code:
CDBG
$197,535
108 Loan Payment
Eligibility Citation:
570.201 ( c )
HOME
$0
National Objective:
Low Mod Area
ESG
$0
570.208(a)(1)
Accomplishment
Goal:
N/A
HOPWA
$0
Start Date:
07/01/2009
Other:
$0
End Date:
06/30/2010
Total:
$197,535
ataon /Se c
ai= "5%�-,e
ClA MrdB, -
"W
��
�, �
Service Area: Balboa Peninsula, Census
City of Newport Beach
Tract/Block Group 62800.1
3300 Newport Blvd
Help the homeless? No
Newport Beach, CA 92658
Help persons with HIV / AIDS? No
Leigh De Santis
Help persons with Special Needs? No
Economic Dev. Administrator
Phone: 949 - 644 -3207
DRAFT CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2009.2010 PAGE 6 -.9
(REVISED 03706/09
CITY COUNCIL RESOLUTION 2009-
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 2009 -2010, 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 $355,659 in CDBG funds
for fiscal year 2009 -2010; 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 which the
2005 -2009 Consolidated Plan was adopted by the City on May 10, 2005; and
WHEREAS, the Annual Plan is an integral part of the Consolidated Plan; and
WHEREAS, 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 for tax- exempt nonprofit organizations that provide eligible CDBG services or projects
that benefit Newport Beach; and
WHEREAS, on March 14, 2009, 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 7, 2008 to April 8, 2008; and
WHEREAS, on April 14, 2009, the City Council reviewed the draft Action Plan and
approved the budget. The City will amend the Action Plan to include any comments and
response to the comments that are accepted 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 $355,659 in fiscal year 2009 -2010 CDBG funds is
consistent with the Consolidated Plan and Housing Element; and
WHEREAS, pursuant to Section 15378 of the State Environmental 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:
1
4i l
SECTION 1. The Action Plan outlining the City's housing and community development
needs, priorities and strategies for FY 2009 -2010 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.
SECTION 2. That the City Council DOES HEREBY AUTHORIZE the Economic
Development Coordinator of the Community and Economic Development Department, or his
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 14th day of April 2009.
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, LAVONNE HARKLESS, 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 8th day of April 2008.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK OF THE CITY OF NEWPORT BEACH
2
l4 0,