Agenda packet — Berkeley City Council, May 9, 2023 (part 2 of 5)

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32200098 AMENDMENT: ERA CONSTRUCTION, INC. FOR THE

O & K DOCKS ELECTRICAL UPGARE PROJECT
WHEREAS, the existing electrical systems at O and K Docks at the Berkeley Marina have exceeded their lifespans and need to be replaced; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this construction work; and
WHEREAS, an invitation for bids was duly advertised on April 21, 2021, and bids were opened on May 18, 2021, and the City received two bids; and WHEREAS, ERA Construction, Inc. was the lowest responsive and responsible bidder, and references for ERA Construction, Inc. were provided and checked out satisfactorily; and
WHEREAS, a contract with ERA Construction, Inc. for the O & K Docks Electrical Upgrades Project was executed on November 2, 2021 for a total amount not to exceed $1,200,000 (Resolution No. 69,951-N.S.); and
WHEREAS, an increase of $138,000 to the not-to-exceed contract amount is necessary to complete change orders; and
WHEREAS, funds are available in the FY 2023 budget in the CIP Fund (Fund 501).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32200098 with ERA Construction, Inc. for the O & K Docks Electrical Upgrade Project, increasing the contract amount by $138,000, for a total amended amount not to exceed $1,338,000. A record signature copy of any amendments to be on file in the Office of the City Clerk.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.cityofberkeley.info/manager

CONSENT CALENDAR
May 9, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Agreement: East Bay Municipal Utility District for Sewer Service Billing and Collection

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a sole source agreement and any necessary amendments with the East Bay Municipal Utility District for sewer service billing and collection for the period July 1, 2023 to June 30, 2033, for an amount not to exceed $6.1 million.

FISCAL IMPACTS OF RECOMMENDATION
The projected expense for FY 2024 is $511,558. Funding for the remaining contract term is subject to appropriation in future fiscal years.

The projected 10-year cost is:

Cost Component FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
Billing & Collection Services $405,894 $422,129 $439,015 $456,575 $474,838 Share of CIS Cost $50,664 $50,664 $50,664 $50,664 $50,664 Low Income/CAP Program $55,000 $57,200 $59,488 $61,868 $64,342 TOTAL $511,558 $529,993 $549,167 $569,107 $589,844
FY 2029 FY 2030 FY 2031 FY 2032 FY 2033
10-YR
TOTAL
Billing & Collection Services $493,832 $513,585 $534,128 $555,493 $577,713 $4,873,203 Share of CIS Cost $50,664 $50,664 $50,664 $50,664 $50,664 $506,640 Low Income/CAP Program $66,916 $69,593 $72,376 $75,271 $78,282 $660,336 TOTAL $611,412 $633,842 $657,169 $681,429 $706,659 $6,040,179 Total costs include $50,664 per year beginning in January 2024 for the City’s shared cost of the District's billing and collection operation. A 4% projected escalation is included over the 10-year term for a total not to exceed amount of $6.1 million.

EBMUD will debit an agreed upon share of billing and collection expenses from collection, customer service and meter-reading activities on the City’s behalf. These expenses are allocated based on the City’s share of revenues collected, share of bills issued and share of meters read by EBMUD.

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Agreement with East Bay Municipal Utility District CONSENT CALENDAR for Sewer Service Billing and Collection May 9, 2023

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CURRENT SITUATION AND ITS EFFECTS
EBMUD provides billing and collection services for City of Berkeley sewer service fees for all residential, commercial, and industrial customers, and municipal uses. Sewer fees are collected by EBMUD and remitted to the City on a monthly basis.

EBMUD provided notice to the City on December 28, 2022 that the existing agreement will expire on June 30, 2023. Their intent is to enter into a new agreement using the same formulas to calculate the City’s share of billing and collection expenses. EBMUD is proposing a 10-year term with the ability of either party to terminate the agreement with at least 12 months written notice of termination.

In FY 2023, EBMUD began its Customer Assistance Program (CAP) with the goal of providing discounts to qualifying low-income residents for municipal water and wastewater treatment services. Qualification for the CAP follows Housing and Urban Development (HUD) income guidelines for qualifying max gross household income. The CAP limits increase based on the number of persons in a household. A 35 percent discount would be applied to Berkeley’s sanitary sewer charges collected on EBMUD’s bills for eligible CAP accounts. Customer participation is valid for two years. To continue assistance, applicants must reapply after two years.

BACKGROUND
EBMUD has provided the City with sewer service charge billing and collection services for decades. On August 25, 1981, Council authorized the City Manager to enter into a 10-year agreement with EBMUD to perform sewer service fee billing and collection services (Resolution 50,821-N.S.). On October 28, 1997, Council authorized the City Manager to enter into another 10-year agreement with EBMUD (Resolution # 59,236-N.S.) for sewer charge billing and collection services, and on May 22, 2007 Council authorized the City Manager to extend the agreement by three years (Resolution 63,698-N.S.). The 1997 10-year agreement expanded the services provided by EBMUD to include the billing and collection of sewer service fees from residential customers based upon their water consumption. On April 27, 2010, Council authorized the City Manager to extend the sewer service billing and collection agreement by three years (Resolution 64,850-N.S) and on June 4, 2013, Council entered into a new 10-year agreement with EBMUD for sanitary sewer billing and collection through June 30, 2023 (Resolution 64,184-N.S). Collecting sewer fees via the EBMUD bills result in a steady revenue stream with EBMUD remitting monthly the sewer fees they collect on the City's behalf.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental impacts associated with this agreement. This resolution implements a renewal of an existing administrative billing program and has no inherent environmental sustainability or climate impacts.

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Agreement with East Bay Municipal Utility District CONSENT CALENDAR for Sewer Service Billing and Collection May 9, 2023

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RATIONALE FOR RECOMMENDATION
EBMUD has provided sewer billing and collection services for the City of Berkeley for its commercial, industrial, and multi-unit residential customers since the early 1980s. Billing and collecting sewer fees on the EBMUD water bill provides for a low cost, efficient, and effective billing and collection alternative to the City billing customers directly or with their property tax bill.

ALTERNATIVE ACTIONS CONSIDERED
There are no efficient and cost-effective alternatives to using EBMUD as the City’s service provider for billing and collecting sewer fees.

CONTACT PERSON
Sean O’Shea, Administrative & Fiscal Services Manager, Public Works, 981-6306 Carisa Lubeck, Senior Management Analyst, Public Works, 981-6304 Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

AGREEMENT WITH THE EAST BAY MUNICIPAL UTILITY DISTRICT TO BILL AND

COLLECT SEWER SERVICE CHARGES ON BEHALF OF THE CITY
WHEREAS, the East Bay Municipal Utility District (EBMUD) has provided the City with sewer service charges billing and collection services for over 30 years; and WHEREAS, EBMUD has offered a new 10-year agreement to continue to provide sewer service charges billing and collection; and
WHEREAS, funds are available in the Sewer Fund (Fund 611) to pay for the billing and collection services performed by EBMUD, and funds are available in the General Fund (Fund 011) to pay for the Low Income CAP program.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a sole source agreement and any amendments with the East Bay Municipal Utility District for sewer service billing and collection for the period July 1, 2023 to June 30, 2033, for an amount not to exceed $6.1 million.

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CONSENT CALENDAR
May 9, 2023
To: Honorable Mayor and Members of the City Council
From: Jenny Wong, City Auditor
Subject: Contract No. 32000180 Amendment for Audit Management and Recommendation Tracking Software

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000180 with Missionmark for audit management and recommendation tracking software, increasing the amount by $100,000 for a total amount not to exceed $124,000 and extending the contract term to May 30, 2027.

Missionmark is a comprehensive audit management software which is utilized by the City Auditor’s Office to properly track, manage, and maintain records regarding audit work and maintain a public dashboard for audit recommendation implementation tracking.

FISCAL IMPACTS OF RECOMMENDATION
The contract amendment with Missionmark will add $100,000 to the contract and extend the contract for an additional five years.

Funding for the amendment and additional years will be included in the General Fund budget code 011-12-122-000-0000-000-411-612-990.

Original Contract Amount (January 21, 2020) $4,000
Previous Contract Amendment (June 1, 2020 –
May 31, 2023)
$20,000
June 1, 2023 – May 30, 2024 $20,000
June 1, 2024 – May 30, 2025 $20,000
June 1, 2025 – May 30, 2026 $20,000
June 1, 2026 – May 30, 2027 $20,000
Total New Contract Amount $124,000
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6750 ● TDD: (510) 981-6903 E-Mail: [email protected] Website: http://www.berkeleyca.gov/your-government/city-audits

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Contract No. 32000180 Amendment: Missionmark CONSENT CALENDAR May 9, 2023
The increase in June 2024 is to account for 6 users rather than 5 users in prior years.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley City Auditor has Charter authority and responsibility to conduct performance and financial audits or special studies of all phases of the City of Berkeley government in accordance with government auditing standards. The Auditor is required to retain workpaper files concerning all reports for at least three years.

On January 21, 2020, the City entered into Contract No 32000180 with Missionmark to procure its audit management and recommendation tracking software to better manage audit records and to increase transparency through the public recommendation dashboard. The original contract was not to exceed $4,000.

On May 20, 2020, the City amended Contract No 32000180 with Missionmark to secure the software at a discounted rate through May 31, 2023. This amendment increased the contract NTE to $24,000.

The funds in the contract with Missionmark have been exhausted. Moreover, the Auditor’s Office would like to continue to use the audit management software; therefore, a contract amendment is necessary to continue this contract through May 2027 with additional funding.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental sustainability and climate effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Missionmark has provided a robust platform through which auditors within the Auditor’s Office can document, track, and manage audits and audit recommendations. The software is utilized by users outside the Auditor’s Office as well, to track progress on audit recommendations.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jenny Wong, City Auditor, 510-981-6750
2

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Contract No. 32000180 Amendment: Missionmark CONSENT CALENDAR May 9, 2023
Attachment:
1: Resolution
3

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32000180 AMENDMENT: MISSIONMARK FOR AUDIT

MANAGEMENT AND RECOMMENDATION TRACKING SOFTWARE
WHEREAS, the Missionmark audit management software allows staff the use of modernized and evolving technology to manage audits and maintain proper records of audit work and recommendation implementation;
WHEREAS, on January 21, 2020, the City entered into Contract No. 32000180 with Missionmark to procure its audit management software to centralize and better manage its audit records;
WHEREAS, amending the existing contract with Missionmark to continue the use of its audit management software is essential for the City Auditor’s Office; WHEREAS, an additional $100,000 is needed to continue the use of Missionmark until the end of May 2027; and
WHEREAS, funds are available and will be budgeted in future fiscal years in an amount not to exceed $124,000 through May 30, 2027 in budget code 011-12-122-000-0000-000- 411-612-990.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. with Missionmark for use of their audit management software, increasing the amount by $100,000 for a total amount not to exceed $124,000, and extending the contract term through May 30, 2027. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

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Disaster and Fire Safety Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
May 9, 2023
To: Honorable Mayor and Members of the City Council
From: Disaster and Fire Safety Commission
Submitted by: Weldon Bradstreet, Chairperson, Disaster and Fire Safety Commission Subject: Approval of Additional Disaster and Fire Safety Commission Meeting

RECOMMENDATION
Adopt a Resolution approving the request from the Disaster and Fire Safety Commission (the “Commission”) to hold one additional meeting in calendar year 2023.

FISCAL IMPACTS OF RECOMMENDATION
Minimal staff time and resources.

BACKGROUND
On December 12, 2014, Berkeley City Council adopted Resolution No. 66,861-N.S. that established a Commission Meeting Frequency Schedule for 2015. The Disaster and Fire Safety Commission was allocated a maximum of ten meetings a year. Additional meetings require Council approval.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

RATIONALE FOR RECOMMENDATION
On January 25, 2023, the Berkeley Fire Department offered the Commission an opportunity to receive presentations on the final draft report on the Standards of Coverage Analysis and Community Risk Assessment, and the Fire Facilities Master Plan at a future Commission meeting.

Measure FF funded both the studies and since the Commission is charged with oversight of Measure FF expenditures by the Berkeley Fire Department, it is appropriate that the Commission receive presentations on the above referenced studies as part of the Commission’s regular oversight activities. The Commission will require an extra meeting during 2023 to receive these presentations, as neither presentation will fit within the Commission’s current meeting schedule. An extra meeting would also provide further opportunity for public comment on the Standards of Coverage Analysis and the Fire Facilities Master Plan.

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Approval of Additional Disaster and Fire Safety Commission Meeting CONSENT CALENDAR May 9, 2023

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On March 22, 2023, the Commission passed a motion to request approval for an additional meeting.

Motion to request from City Council one additional meetings for 2022: Bedolla, Second:

Gordon, Vote: ( 5 Ayes: Bradstreet, Gordon, Bedolla, Dean, Murphy;; 0 Noes;; 2

Absent: Stein, Raine;; 0 Abstain;)

ALTERNATIVE ACTIONS CONSIDERED
None.

CITY MANAGER
The City Manager concurs with the content and recommendations of the Commission’s Report.

CONTACT PERSON
Keith May, Interim Deputy Fire Chief, Berkeley Fire Department, 510-981-5508 Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

APPROVAL FOR ONE ADDITIONAL DISASTER AND FIRE SAFETY COMMISSION MEETING IN CALENDAR YEAR 2023
WHEREAS, on December 12, 2014, the Berkeley City Council adopted Resolution No. 66,861-N.S. that established a Commission Meeting Frequency Schedule which limited the Disaster and Fire Safety Commission to a frequency of 10 meetings during calendar year 2023; and
WHEREAS, at the January 25, 2023, meeting of the Disaster and Fire Safety Commission, the Berkeley Fire Department offered the Disaster and Fire Safety Commission an opportunity to receive presentations on the final draft report on the Standards of Coverage Analysis and Community Risk Assessment, and the Fire Facilities Master Plan, at a future Commission meeting, and WHEREAS, Measure FF funded the studies and the Disaster and Fire Safety Commission provides oversight of Measure FF expenditures by the Berkeley Fire Department, and
WHEREAS, the Disaster and Fire Safety Commission passed a motion on March 22, 2023, to request from City Council one additional meeting for 2023: Bedolla, Second:

Gordon, Vote: (5 Ayes: Bradstreet, Gordon, Bedolla, Dean, Murphy;; 0 Noes;; 2

Absent: Stein, Raine;; 0 Abstain;)
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council authorized the Disaster and Fire Safety Commission to convene for one additional meeting in calendar year 2023.

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PUBLIC HEARING
May 9, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: FY 2024 Proposed Budget Update and FY 2024 Proposed Budget Update Public Hearing #1

RECOMMENDATION
Accept the FY 2024 Proposed Budget Update for review and consideration by the City Council and conduct Public Hearing #1 on the FY 2024 Proposed Budget Update.

FISCAL IMPACTS OF RECOMMENDATION
On June 28, 2022, the City Council adopted the Fiscal Years (“FY”) 2023 and 2024 Biennial Budget (Adopted Budget) and the FY 2023 and FY 2024 Capital Improvement Program Budget (CIP Budget). This report provides the Council with a proposed update to the FY 2024 Adopted Budget (Proposed FY 2024 Update). The Proposed FY 2024 Update will be presented for adoption at the June 27, 2023, City Council meeting after the public hearings and additional opportunities for the Council’s comments and direction.

CURRENT SITUATION AND ITS EFFECTS
The Proposed FY 2024 Update will include updated information on adopted FY 2024 revenues and expenditures by funding source; proposed expenditures by City department; proposed staffing levels; and the proposed capital improvement program.

Following the presentation on the Proposed FY 2024 Update, staff requests that the City Council conduct the first public hearing on the budget. Subsequently, the Budget and Finance Policy Committee and City Council will continue discussions regarding the proposed budget prior to adoption on June 27, 2023, as reflected in the attached FY 2024 Mid-Biennial Budget Update Calendar. The Proposed FY 2024 Update is a Strategic Plan Priority Project, advancing our goal to provide an efficient and financially-health City government.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Actions included in the budget will be developed and implemented in a manner that is consistent with the City’s environmental sustainability goals and requirements.

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FY 2024 Proposed Budget Update & Proposed Budget Update Public Hearing #1 PUBLIC HEARING May 9, 2023

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RATIONALE FOR RECOMMENDATION
This recommendation presents the Fiscal Years 2024 Proposed Budget Update to City Council and begins the first of several public hearings pertaining to the budget, leading to adoption on June 27, 2023.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions have been considered.

CONTACT PERSON
Sharon Friedrichsen, Budget Manager, City Manager’s Office, 981-7000 Attachments:
1: Public Hearing Notice
2: FY 2024 Mid-Biennial Budget Update Calendar

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
FY 2024 PROPOSED BUDGET UPDATE PUBLIC HEARING #1
The public may participate in this hearing by remote video or in-person.

The City Manager’s Office is proposing a public hearing for the Fiscal Year 2024 Proposed Budget Update, which is being presented to the City Council.

The hearing will be held on Tuesday, May 9, 2023 at 6:00 p.m. in the School District Board Room, 1231 Addison Street, Berkeley CA 94702.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of April 27, 2023. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

For further information, please contact Sharon Friedrichsen at (510) 981-7000.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to
ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981-6900 or [email protected] for further information.

Posted: April 27, 2023
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 27, 2023.
__________________________________
Mark Numainville, City Clerk

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Attachment #2
Date Lead Entity Age nda Action Item/Deliverable/Topic
March 9, 2023 Budget & Finance Policy
Committee
FY 2023 Mid-Year Update Report & FY 2023 Unfunded Liability Obligations and Unfunded Infrastructure Needs Report
April 11, 2023 Council FY 2023 Mid-Year Update Report & FY 2023 Unfunded Liability Obligations and Unfunded Infrastructure Needs Report
April 20, 2023 Budget & Finance Policy
Committee
TBD
April 25, 2023 Council Action Public Hearing on CDBG & ESG Annual Action Plan and proposed funding allocations to community agencies
April 25, 2023 Council Action Initial Deadline for Council Budget Referrals April 27, 2023 Budget & Finance Policy
Committee
Present Proposed FY 2024 Mid-Biennial Budget Update and Fee Increase Reports
May 9, 2023 Council Action Proposed FY 2024 Mid-Biennial Budget Update Biennial Budget Presentation and Public Hearing #1: Budget; FY 2023 AAO #2 May 11, 2023 Budget & Finance Policy
Committee
Review Council Budget Referrals to date
May 23, 2023 Council Action Public Hearing #2: Budget (Report: Update CPI/PIG ) & Proposed Fee Increases from Departments; FY 2023 AAO #2 (Second Reading); Last date for Council Budget Referals
May 25, 2023 Budget & Finance Policy
Committee
TBD
May 25, 2023 Budget & Finance Policy
Committee
Berkeley Financial Condition Audit Status Report (#2)
June 6, 2023 Council Action Discussion on Proposed Mid-Biennial Budget Update June 6, 2023 Council Berkeley Financial Condition Audit Status Report (#2) June 8, 2023 Budget & Finance Policy
Committee
Discussion on Proposed Mid-Biennial Budget Update
June 16, 2023 Council Discussion on budget recommendations (No report - Proposed Changes to the Biennial GF Budget from Mayor and Council members)
June 22, 2023 Budget & Finance Policy
Committee
Discussion on Proposed Mid-Biennial Budget Update
Recommendations and adopt recommendations to City Council June 27, 2023 Council Action Adopt FY 2024 Mid-Biennnial Budget Update/FY 2024 Annual Appropriations Ordinance
FY 2024 Mid-Biennial Budget Update Calendar

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PUBLIC HEARING
May 9, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Submission of the PY 2023 (FY 2024) Annual Action Plan Containing Allocations of Federal Funds

RECOMMENDATION
Conduct a public hearing on the federal Program Year (PY) 2023, City Fiscal Year (FY) 2024, Annual Action Plan (AAP) for federal Housing and Urban Development Department (HUD) funds, including the allocation of federal funding for community agencies, and upon conclusion, adopt a Resolution:

1. Approving proposed funding allocations under the PY 2023 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); and

2. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; and

3. Allocating 10% for HOME program administration, up to 5% to support Community Housing Development Organization (CHDO) operations, and the remaining (approximately 85%) of the PY 2023 HOME funds to the Housing Trust Fund; and

4. Allocating 20% of the PY 2023 CDBG funds to Planning and Administration, up to

17.83% for public services, and the remaining to be distributed to Housing Services and Public Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation, program income, or earlier unused funds, be more or less than estimated; and

5. Allocating the allowable 7.5% of the PY 2023 ESG to Administration, $6,676 to the HMIS system, up to the allowable 60% to emergency shelter/street outreach, and the remaining amount to Rapid Rehousing as outlined in Exhibit A, and

6. Authorizing staff to finalize the PY 2023 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development, including the planned expenditures of HUD funds, required HUD application forms and certifications, and all other HUD-required information, and;

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Submission of the PY 2023 (FY 2024) Annual Action Plan PUBLIC HEARING Containing Allocations of Federal Funds May 9, 2023

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7. Authorizing the City Manager to execute and submit all documents necessary to receive the City’s entitlement grants under the CDBG, ESG, and HOME Programs.

SUMMARY
As detailed in Attachment 1, Exhibit A, the Health, Housing and Community Services Department (HHCS), recommends allocating $3,361,202 (estimated) in CDBG funds; $1,476,057 of which would be used for housing services activities, $453,921 for public services, and $809,713 for the Public Facility Improvements program which is currently operating on a rolling application basis as funds are available. HHCS also recommends allocating $232,452 in ESG funds, to be used to support people who are literally homeless; and $749,643 (estimated) in HOME funds, $644,740 of which would be allocated to the Housing Trust Fund.

This report also includes authorization for the required submission of the Annual Action Plan (Attachment 2), which details the City’s plans for implementing the CDBG, HOME, and ESG programs in federal PY 2023; which corresponds to the City’s FY 2024.

FISCAL IMPACTS OF RECOMMENDATION
Approval of the PY 2023 AAP does not have an impact on the General Fund as it is solely committing the City’s entitlement grant allocations under the Federal Department of Housing and Urban Development’s CDBG, HOME, and ESG programs. General funds, including required leveraged funds for HUD programs, are awarded separately.

The Federal funding allocations for PY 2023 (FY24) have been finalized, but all of the periodic program income payments from both HOME and CDBG funded activities are estimates. The City expects to receive the estimated amounts through the end of the current fiscal year. If adjustments are needed due to an increase or decrease in the annual entitlement allocations, program income, or earlier unused funds, those adjustments will be allocated to the Public Facility Improvements program for CDBG, the Housing Trust Fund program for HOME, and up to the regulatory percent caps for administration of the funds and public services for CDBG.

CDBG
Staff is projecting receipt of $400,000 PY 2023 (FY 2024) program income from CDBG- funded activities, and also anticipates the availability of $253,649 in unallocated funds from prior years. These amounts, combined with the $2,707,553 HUD award of CDBG funds, will give the City a total of $3,361,202 (estimated) in CDBG funds to allocate for PY 2023.

Staff funding recommendations are summarized below in Table 1 with additional detail provided in the attached Exhibit A. Due to the expenditure caps on administration and public services, the program income and carry forward funds are only available for housing services, community facility projects, and the Housing Trust Fund. If the total CDBG funds available are more or less than the estimated $3,361,202, the difference

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Submission of the PY 2023 (FY 2024) Annual Action Plan PUBLIC HEARING Containing Allocations of Federal Funds May 9, 2023

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will either be added to or subtracted from the amount allocated to the Public Facility Improvements program alongside any adjustment necessary to adhere to the administration and public services caps.

Table 1: CDBG
PY 2023 (FY 2024)
HUD
Award
Program
Income
Carry
Forward
Funds
Total
Funds Available (estimated) $2,707,553 $400,000 $253,649 $3,361,202

Proposed Funding Plan
Housing Services $1,476,057 $1,476,057
Public Services (17.83% cap) $453,921 $453,921
Public Facility Improvements $236,064 $320,000 $253,649 $809,713 Planning and Admin (20%
cap)
$541,511 $ 80,000 $621,511
Total Expenditures $2,591,924 $400,000 $836,233 $3,361,202 HOME
HUD has allocated the City $729,633 in HOME funds for PY 2023. The City expects to add $20,000 in HOME program income, for a total of $749,633 in HOME funds available for PY 2023. Staff funding recommendations are summarized below in Table 2 with additional detail provided in the attached Exhibit A. Should the HOME allocation or program income receipts differ from the estimate, staff recommends that the City continue to utilize up to the maximum possible for administration (10%) and Community Housing Development Organization (CHDO) operations (5%), with the remaining adjustments applied to the Housing Trust Fund program.

Table 2: HOME
PY 2023 (FY 2024)
HUD
Award
Program
Income Total
Funds Available
(estimated)
$729,633 $20,000 $749,633

Proposed Funding Plan
CHDO Operations $30,000 $30,000
HTF Projects $626,670 $18,000 $644,670
Administration (10%) $72,963 $ 2,000 $74,963
Total Expenditures $729,633 $20,000 $749,633

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Submission of the PY 2023 (FY 2024) Annual Action Plan PUBLIC HEARING Containing Allocations of Federal Funds May 9, 2023

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ESG
The City’s ESG entitlement for PY 2023 is $232,452. Staff funding recommendations are summarized below in Table 3 with additional detail provided in the attached Exhibit A. Staff recommends utilizing the maximum possible for administration (7.5% of the grant), allocate $6,676 to Homeless Management Information System (HMIS) support, up to 60% be used for emergency shelter/street outreach ($139,471), and that the remainder will be used for rapid rehousing ($68,871).

Table 3: ESG
PY 2023 (FY 2024)
HUD Award
Funds Available (estimated) $232,452

Proposed Funding Plan
Rapid Rehousing $68,871
Emergency Shelter and Street Outreach
(60%)
$139,471
Homeless Management Information System $6,676
Administration (7.5%) $17,434
Total Expenditures $232,452

CURRENT SITUATION AND ITS EFFECTS
The City is required to submit an Annual Action Plan to HUD by May 17 each year, in order to receive its annual allocation of CDBG, ESG, and HOME funds. Council has typically allocated the majority of CDBG and ESG funds to community agencies for housing or other public services, and for community facility improvements. The majority of the HOME allocation is usually placed into the City’s Housing Trust Fund, consistent with its narrow range of allowable uses. City Council is asked to approve the Annual Action Plan, including allocations of CDBG, ESG, and HOME funds, which must be submitted to HUD by May 17, 2023.

Accepting HUD funds and executing subsequent activities as defined in the Annual Action Plan advances the City’s Strategic Plan Priority goal to create affordable housing and housing support services for our most vulnerable community members.

BACKGROUND
HUD regulations governing CDBG, ESG, and HOME funds require that the City of Berkeley submit an Annual Action Plan (AAP). HUD provides a template for the AAP

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Submission of the PY 2023 (FY 2024) Annual Action Plan PUBLIC HEARING Containing Allocations of Federal Funds May 9, 2023

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which dictates much of the form and content of the document. The PY 2023 Annual Action Plan, covering the period July 1, 2023 through June 30, 2024, describes the City’s strategy for achieving the goal of developing and maintaining a viable urban community through the provision of decent housing and a suitable living environment, while expanding economic, health, and educational opportunities principally for households with incomes at or below 80% of Area Median Income (see Attachment 2).

The PY 2023 AAP is based on goals contained in the City’s Five-Year Consolidated Plan (PY 2020 – 2024), which examines housing needs and establishes funding priorities in the areas of affordable housing and services for a wide range of low-income populations. HUD requires the involvement of the public in the creation of each Annual Action Plan. Berkeley’s public participation process began on April 10, 2023 with a public meeting of the Housing Advisory (HAC) and will culminate in the May 9, 2023 public hearing. The HAC’s mission includes advising City Council on allocations of CDBG and ESG funding.

The HAC, at its April 10, 2023 meeting, voted to recommend the City Council adopt the Annual Action Plan (AAP) for Federal Program Year (PY) 2023 (M/S/C: Johnson/Simon- Weisberg. Vote - Ayes: Johnson, Mendonca, Ortiz-Cedeno, Rodriguez, Potter, Simon- Weisberg. Noes: None. Abstain: None. Absent: Calavita (unexcused), Fain (excused).).

Additionally, the HAC voted to recommend that City Council direct Staff to coordinate a standing presentation at HAC meetings from HUD-funded vendors, as well as from participants served by those programs (M/S/C Rodriguez/Ortiz-Cedeno. Vote: Ayes:

Johnson, Mendonca, Ortiz-Cedeno, Rodriguez, Potter, Simon-Weisberg. Noes: None.

Abstain: None. Absent: Calavita (unexcused), Fain (excused).

The HAC also informally requested that when HHCS begins to develop its next HUD Consolidated Plan for PY 2025-PY 2029 (FY 2026-FY 2030), that it includes an equity and reparations framework during the planning process.

HHCS agrees with the additional recommendation and the informal request. To that end, HHCS will facilitate presentations by HUD funded vendors as part of the FY 2025- 2028, Community Agency Contracting RFP process with HAC, and notify program participants of said programs, of the presentations with public noticing at the program sites. HHCS will also incorporate an equitable framework, with a focus on reparations, as far as the federal regulations allow it, while developing the HUD Consolidated Plan for PY 2025-PY 2029 (FY 2026-FY 2030).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Upon release of the RFP for CDBG, ESG, and HOME funding in FY 2019 (PY 2018), applicants were encouraged to propose projects that met various City-wide goals, such as the Climate Action Plan. Projects funded with CDBG, ESG, and HOME are required to follow state and local regulations, including those related to green building and

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Submission of the PY 2023 (FY 2024) Annual Action Plan PUBLIC HEARING Containing Allocations of Federal Funds May 9, 2023

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energy. CDBG funding for community facility projects places a priority on projects that promote energy efficiency and improve accessibility. Single family rehabilitation, including energy efficiency, was a funding priority in the FY 2019 RFP (PY 2018). With these recommendations (Attachment 1) the City will continue funding both City- administered and community agency-administered programs. Each program funded by HUD funds also undergoes an Environmental Review to understand and mitigate possible environmental impacts.

RATIONALE FOR RECOMMENDATION
Submission of the PY 2023 Annual Action Plan is required to continue to receive CDBG, ESG, and HOME funds. The allocations recommended in this report and shown in Attachment 1, Exhibit A, are in keeping with the goals outlined in the City’s five-year Consolidated Plan; which Council approved in April 2020. In addition, since Council approved extending community agency contracts for one year at existing levels and postponing the community agency Request for Proposal (RFP) process until FY 2024 with the passage of Resolution 70,545-N.S., the proposed allocations continue to fund these agencies at the same levels funded for the original four-year community agency RFP, that ran from FY 2020 to FY2023.

ALTERNATIVE ACTIONS CONSIDERED
The PY 2023 Annual Action Plan includes opportunities for public and Housing Advisory Commission input and comments. Comments are considered throughout the process and are reflected in the report. No other alternative actions are currently being considered.

Failure to approve the PY 2023 Annual Action Plan for submission to HUD by May 17, 2023 could result in delays or loss of this funding.

CONTACT PERSON
Joshua Oehler, Community Services Specialist III, HHCS, (510) 981-5408 Attachments:
1: Resolution
Exhibit A: CDBG/ESG/HOME Allocations Spreadsheet
2: City of Berkeley PY 2023 Final DRAFT Annual Action Plan 3: Public Hearing Notice

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RESOLUTION NO. ##,###-N.S.

SUBMISSION OF THE PY 2023 ANNUAL ACTION PLAN, INCLUDING ALLOCATIONS

OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), EMERGENCY

SOLUTIONS GRANT (ESG), AND HOME INVESTMENT PARTNERSHIP GRANT (HOME) FUNDS
WHEREAS, the submission of the PY 2023 Annual Action Plan is a requirement the City must meet in order to receive its allocation of CDBG, ESG and HOME funds, available for the period July 1, 2023 through June 30, 2024 from the federal Department of Housing and Urban Development; and
WHEREAS, on April 10, 2023 the Housing Advisory Commission (HAC) made funding recommendations that City council adopt the PY 2023 Annual Action Plan including the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Programs; and
WHEREAS, on May 9, 2023, the City Manager made funding recommendations to City Council on the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Programs as contained in Exhibit A attached to this resolution; and
WHEREAS, the City will continue to use the maximum allowable under all three HUD programs for administration, as well as adhere to other program expenditure caps by category in accordance with HUD regulations; and
WHEREAS, the City has established the following budget codes in FUND$: CDBG 370- various, ESG: 045-7902-331-1001, HOME: 040-various and General Fund: 010-various and the equivalent budget codes in ERMA: CDBG 128-various, ESG: 311-various, HOME: 310-various and General Fund: 011-various; and
WHEREAS, the City confirms that HUD allocations proposed in this plan supplement and do not supplant any general or other local funds that have already been appropriated or allocated for the same purpose.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that that the City Manager is authorized to:

1. Execute any resultant agreements and amendments for agencies receiving funding under the CDBG, ESG, or HOME Program in accordance with the proposal approved hereunder. If the federal government does not allocate sufficient funds to cover the allocations attached to this resolution in this year or subsequent years, the City may either terminate the resultant agreements with agencies without any liability occurring to the City. A record copy of said contracts and any amendments are on file in the Office of the City Clerk; and

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2. Allocate 20% of the PY 2023 CDBG funds to the Planning and Administration, up to 17.83% for public services, and the remaining to be distributed to Housing Services and Community Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation and/or program income and earlier unexpended funds be more or less than anticipated; and

3. Allocate 10% for HOME program administration, up to 5% to support CHDO operations, and the remaining (approximately 85%) of the PY 2023 HOME funds to the Housing Trust Fund; and

4. Allocate the allowable 7.5% of the PY 2023 ESG to Administration, $6,676 to the HMIS system, up to the allowable 60% to emergency shelter/street outreach, and the remaining amount to Rapid Rehousing as outlined in Exhibit A, and

5. Finalize the PY 2023 Annual Action Plan, including planned expenditures, adding required HUD application forms and certifications, and including other HUD- required information, submit it to the U.S. Department of Housing and Urban Development (HUD), and execute all documents necessary to receive the City’s entitlement grants under the CDBG, ESG and HOME Programs.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute or amend contracts with agencies receiving funding under the CDBG, ESG or HOME Program in accordance with the proposals approved hereunder. A record copy of said contracts and any amendments are on file in the Office of the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is authorized to use the following invoicing/reporting system in contract administration, but maintains the discretion of requiring more frequent invoices and reports from new grantees or in contracts deemed to require closer scrutiny, and also maintains the discretion to terminate contracts based on factors outlined in the contract boilerplate, including, but not limited to, the contractor’s failure to fulfill obligations:

Fiscal Reports:
 All agencies, regardless of funding level, are required to submit quarterly statements of expense and quarterly requests for advance payment. The final statement of expense for each fiscal year must be accompanied by a copy of the agency’s General Ledger and a Statement of Revenues and Expenditures for each program.

Program Reports:
 Agencies funded with non-federal funding: End-of-year narrative summary of accomplishments for the following types of programs, due by July 31: 1) Drop-In and Respite Services only with no intensive case management attached, 2) Meal Programs, and 3) Recreation Services.

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 All other agencies with non-federal funding: Two program reports, due by January 31 and July 31;
 Agencies with federal funding (any amount): Four program reports due by October 31, January 31, April 30, and July 31.

BE IT FURTHER RESOLVED that the City Manager is authorized to refuse to execute a contract with any agency that has not provided required contract exhibits and documentation within 90 days of award of funding.

BE IT FURTHER RESOLVED that the City Manager is authorized to recapture any unspent CDBG funds awarded to an agency for a community facility improvement contract, if the funds are not spent by June 30, 2024.

Exhibit
A: CDBG, ESG and HOME Proposed PY 2023 (FY 2024) Proposed Allocations

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Proj. # Agency Project Name PY23 Allocation
1 Center for Independent Living Residential Access 159,660$ 2 Habitat for Humanity Housing Rehabilitation Grant Program 250,000$ 3 HHCSD* Loan Services 70,008$
4 HHCSD Senior and Disabled Rehab Program 358,048$
5 HHCSD Rehab Loans 150,000$
6 HHCSD Housing Development: M/F Rehab 488,341$
Subtotal Housing Projects 1,476,057$
7 Bay Area Community Services Coordinated Entry System 418,921$ 9 Eden Housing for Hope and Opportunity Fair Housing 35,000$ Subtotal Public Services Projects 453,921$
10 HHCSD Community Facility Improvements 152,908$
11 HHCSD PY23 Community Facility Improvement 656,805$

11.a Funds available for NOFA 656,805$
Subtotal Public Facilities Projects 809,713$
12 HHCSD CDBG Planning and Administration 621,511$
Subtotal Planning & Admin Projects 621,511$
**GRAND TOTAL ALL CDBG PROJECTS 3,361,202$
ESG
13 BACS Rapid Re-Housing Project 68,871$
14 BACS Emergency Shelter and Street Outreach 139,471$
15 HHCSD Homeless Management Information System 6,676$
16 HHCSD Program Planning and Administration 17,434$
GRAND TOTAL ALL ESG PROJECTS 232,452$
HOME
17 HHCSD HOME Administration 74,963$
18 CHDO Operating Funds CHDO Operating Funds 30,000$
19 HHCSD Housing Trust Fund 644,670$
***GRAND TOTAL ALL HOME PROJECTS 749,633$
Notes:
***Assumes $20,000 in Program Income
Exhibit A
Annual Action Plan for PY23 (FY24)
City of Berkeley CDBG, ESG and HOME Projects for 7/1/2023 - 6/30/2024 CDBG
* HHCSD = City of Berkeley Health, Housing & Community Services Department **Includes estimated Program Income, in the amount of $400,000 and an estimated amount of $253,649 in unused carry over funds. If additional funds become available they will be added to line 11.b, Community Facility Improvement Program NOFA

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CITY OF BERKELEY

ANNUAL ACTION PLAN

FOR HOUSING AND COMMUNITY DEVELOPMENT

JULY 1, 2023 – JUNE 30, 2024 (PY 2023)

For the U.S. Department of Housing and Urban
Development
San Francisco Field Office of Community Planning
and Development

May 17, 2023

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
2 Table of Contents
Executive Summary ....................................................................................................................................... 3 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 3 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 7 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 8 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 16 Expected Resources .................................................................................................................................... 19 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 19 Annual Goals and Objectives ...................................................................................................................... 24 Projects ................................................................................................................................................... 29 AP-35 Projects – 91.220(d) ..................................................................................................................... 29 AP-38 Project Summary .......................................................................................................................... 30 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 36 Affordable Housing ..................................................................................................................................... 37 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 37 AP-60 Public Housing – 91.220(h) ........................................................................................................... 38 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 39 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 42 AP-85 Other Actions – 91.220(k) ............................................................................................................ 45 Program Specific Requirements .................................................................................................................. 52

Attachment 1: Estimated Allocations City of Berkeley CDBG, ESG, and HOME Projects – DRAFT

ATTACHED

Attachment 2: Public Notice and Community Participation Summary – DRAFT ATTACHED

Attachment 3: City of Berkeley, Emergency Solutions Grant Policies and Procedures Manual, City of Berkeley Emergency Solutions Grant Rapid Rehousing and Prevention Assistance Policies and Procedures Manual; Systemwide Performance Targets for Rapid Re
-Housing Services; and Homeless Solutions in
Alameda County, ESG-CV STANDARDS AND EXPECTATIONS.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
3 Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
This Annual Action Plan is the 4th Annual Action Plan for the current Consolidated Planning period.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The City of Berkeley (COB) has ambitious objectives for spending its federal entitlement grant funding.

Berkeley allocates these and other state and local funds to maximize assistance for its low and moderate-income households through:
• Housing acquisition, rehabilitation, repair, and accessibility improvements, • Assisting homeless adults and families including those with disabilities and other special needs, through emergency shelter, transitional housing, and service-enriched affordable, supportive housing; and
• Funding public facilities improvements to protect and sustain the infrastructure critical to community services and economic vitality in Berkeley.

The COB has long placed a high priority on affordable housing and community services because they reflect important community values. The City now invests more General Fund dollars into related programs than it receives in federal funding for these activities. The City is committed to maintaining high-quality programs for those in need but faces challenges due to uncertainty in future federal funds available. At the same time, American Recovery Program, ESG, HOME, Consolidated Plan, and Annual Action Plan funding and/or requirements have substantially increased. Changing funding and increased administrative burdens impact the City’s ability to address all of the many needs identified.

Approved Allocations. As summarized in AP-38 and detailed in Attachment 1, the COB plans to allocate $ 2,707,553 in Community Development Block Grant (CDBG) funds together with $253,649 (anticipated) in prior years’ carryover and $400,000 (projected) in CDBG program income to fund:
• $1,476,057 (anticipated) in housing projects and programs; • $453,921 (anticipated) in public services;
• $809,713 (anticipated) for community and public facilities activities; and • $621,511 (anticipated) to administer all facets of the City’s CDBG program.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
4 The COB will utilize its PY23 ESG allocation of $232,452 to serve literally homeless people through the City’s Pathways STAIR Program ($208,342), support the County-wide Homeless Management Information System, ($6,676) and support its program planning and administration activities at 7.5% ($17,434). The City takes care in calculating the shelter and outreach do not exceed 60% of our annual ESG grant. For PY23, the City’s Pathways STAIR program allocation has been split with $68,871 allocated to Rapid Re-Housing and $139,471 allocated to Shelter and Outreach. This is evidenced in Attachment 1.

The COB will utilize its PY23 HOME allocation of $729,633 an d $20,000 (projected) in program income
for program administration at 10% ($74,963 anticipated) including projected program income), Community Housing Development Organization (CHDO) operations ($30,000) and will allocate the remaining balance to its Housing Trust Fund ($644,670).

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City reviews and evaluates its performance through its annual submission of the Consolidated Annual Performance and Evaluation Report. The City tracks single family and multi-family housing rehabilitation efforts and housing development efforts.

The City's Single-Family Rehabilitation (SFR) program comprised of 1) the City's Senior and/or Disabled Rehab Home Loan Program (SDRLP), 2) the Center for Independent Living, and 3) Habitat for Humanity Silicon Valley is evaluated on an ongoing basis to ensure that the most significant health and safety improvements are prioritized and that sufficient outreach is occurring to increase the number of unduplicated households served overtime.

The City currently operates the public facility improvement program as a rolling RFP/NOFA as funds become available. Unused PY20 and available PY21 funds were applied for and awarded for the West Berkeley Service Center. The project is underway and expected to be completed by the end of PY22.

PY22 facility funds were awarded to the Larkin Street Turning Point facility rehabilitation. The City is evaluating a proposal to use the remaining PY22 public facility funds for a rehabilitation project at Berkeley Food and Housing Project’s Dwight Way Center. PY23 facility funds will once again be released and available for nonprofit and government applicants.

Outcomes for all public services community agency programs funded with federal funds are tracked, and prior outcomes are used to inform funding decisions. The City also uses countywide Homeless Count and program outcome data to inform its goals on homelessness.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
5 The City typically completes a fall public hearing with one or more commissions to obtain input on general community needs. The City satisfied the Citizen Participation Plan public hearing requirement by conducting three public hearings (February 2023, April 2023 and May 2023) one in response to HOME- ARP funding and the others in response to AAP planning.

The draft Annual Action wa s posted on the City's website, and shared with the Housing Advisory Commission (HAC) Ap
ril 10, 2023 meeting. At its April meeting, the HAC approved the PY23 Draft Annual Action Plan. A Public Hearing on the PY23 Draft Annual Action Plan was held on May 9, 2023 before the Berkeley City Council. Outreach was accomplished via hard copy and electronic flyer mailings to interested parties, including Alameda County-wide Homeless Continuum of Care, community agencies serving low-income people, and public buildings such as recreation centers, senior centers, libraries and other government buildings.

5. Summary of public comments
There was one public comment and a discussion among commissioners at Housing Advisory Commission meeting on April 10, 2023. Comments included expression of support for Fred Finch Facility funding and increasing funding to account for contingencies for that particular project, increasing funding for and efficacy of housing vouchers and increasing affordable housing supply.

Public comment at the May 9, 2023 City Council Public Hearing included testimony from X individual.

The public and Council discussion included a question about CDBG funded rehab project and new ownership of accepting CDBG funding.

6. Summary of comments or views not accepted and the reasons for not accepting them

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
6 All comments were accepted and/or addressed and will remain recorded in this report should additional HUD funds become available for public services and housing. None of the comments received resulted in changes to the Plan.

7. Summary
None.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
7 PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator BERKELEY Health, Housing & Community Services Department
HOME Administrator BERKELEY Health, Housing & Community Services Department
ESG Administrator BERKELEY Health, Housing & Community Services Department
Table 1 – Responsible Agencies

Narrative (optional)
The City of Berkeley’s Health, Housing & Community Services Department (HHCS) is the lead agency for overseeing the development of the plan. The Department coordinates the City’s funding allocation and monitoring for community-based organizations, administration of the Housing Trust Fund, and operation of other housing and community services programs such as the Shelter Plus Care program, Senior and Disabled Home Rehabilitation Loan Program, Community Facilities Rehabilitation, and the Homeless Services and Affordable Housing units. The Department also includes the Mental Health, Public Health, and Aging Services, Environmental Health divisions, all of which provide direct services to the community.

Consolidated Plan Public Contact Information
Joshua Oehler
Community Services Specialist III
2180 Milvia Street, 2nd Floor
Berkeley, CA 94704
510-981-5408
[email protected]

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
8 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
For the City of Berkeley, citizen participation and consultation is an ongoing process, and part of a continuing cycle of resident and agency feedback which helps to inform the City about emerging and changing needs and effectiveness of strategies to address them. Feedback is obtained from funded agencies throughout the year, through discussions with housing developers, through attendance at homeless Continuum of Care meetings, City Council meetings, meetings with adjacent local units of government, Health Care services, the Berkeley Housing Authority, and many other agencies and entities which serve lower income Berkeley residents.

During the next year, the City of Berkeley will continue to coordinate the housing and community services activities within the department through regular senior staff meetings, such as regular Housing and Homeless Services Team meetings, coronavirus response for vulnerable and low- income populations meetings, and will continue to coordinate with other City Departments on specific topics. It will also consult with EveryOne Home, the countywide coordinating body and plan to end homelessness, and its partners at Alameda County Behavioral Health Care Services and Social Services Agency as well as community stakeholders in Berkeley.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
In PY22, Alameda County’s Homeless Continuum of Care selected a new agency, Homebase - a Bay Area non-profit organization, to staff and support COC boards, committees and projects. City staff will continue to participate in the initiative’s various committees and/or Leadership Board, which includes most public funders of housing and homeless services in the county, as well as leadership from key community-based organizations, including those which develop affordable housing.

Leadership Board membership helps coordinate efforts across the county. In PY23, City will continue to work with Homebase, Alameda County Behavioral Health Care Services, Social Service Agency and Office of Homeless Care and Coordination (OHCC) to continue to implement the Countywide Coordinated Entry System (CES) for homeless services and will participate in OHCC’s ongoing implementation of multiple CES sites (Housing Resource Centers/Access Points (HRC), throughout the county, particularly the North County HRC, which includes Berkeley.

City homeless services and mental health staff will continue to participate in monthly meetings with the Berkeley Housing Authority and homeless service partners to coordinate mainstream and Emergency Housing voucher housing opportunities for the 91 Mainstream vouchers issued to BHA (90 of the 91 Mainstream Vouchers have been issued).

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
9 Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness In PY23, the City will work with Homebase, Alameda County Behavioral Health Care Services, Social Service Agency, OHCC to implement the North County Coordinated Entry System (CES), which includes the Berkeley, Emeryville and Albany, for homeless services and will participate in OHCC’s ongoing implementation of the Coordinated Entry System throughout the county, particularly by supporting the North County Singles and Family Housing Resource Centers. The redesigned screening process: housing problem solving, and crisis and housing assessments are now utilized across the County, including at the new transition age youth (TAY) HRC. The addition of the crisis queue which asks if someone is interested in shelter has assisted in the matching to shelter resources in Berkeley.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Consultation with EveryOne Home, the Alameda-Countywide Continuum of Care, City of Berkeley, the City of Oakland, and the Alameda County Housing and Community Services Department was initiated in 2012. The discussion focused on how to implement the new ESG requirements in a way that would be consistent countywide and would continue the collaboration launched in 2009 with American Recovery and Reinvestment Act (ARRA) Homelessness Prevention and Rapid Re-housing (HPRP) funds. The group held several meetings in PY12, resulting in the development of a policies and procedures manual that was used to implement the Priority Home Partnership Program. The most recent version, which includes policies and procedures for shelter and outreach activities was attached to the 2020 Consolidated Plan. Additionally, the Alameda-Countywide Continuum of Care, City of Berkeley, the City of Oakland, and the Alameda County Housing and Community Services Department have implemented new ESG-CV Rapid Rehousing Standards and Expectations.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
10 1 Agency/Group/Organization EveryOne Home
Agency/Group/Organization Type Services - Housing
Services - Children
Services - Persons with Disabilities
Services - Homeless
Services - Employment
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The City of Berkeley adopted EveryOne Home's
pl
an to end homelessness:2018 Strategic Update
and the City continues to participate in the
implementation of the plan. See above
coordination with EveryOne Home, Alameda
County Behavioral Health Care Services and SSA.
2 Agency/Group/Organization Alameda County Housing & Community Development and Alameda County Office of
Homeless Care and Coordination
Agency/Group/Organization Type Services - Housing
Services - Children
Services - Persons with Disabilities
Services - Employment
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
See above coordination with Alameda County.
3 Agency/Group/Organization Eden Council for Hope and Opportunity (E CHO) Housing
Agency/Group/Organization Type Housing
Services – Fair Housing

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
11 What section of the Plan was addressed by
Consultation?
Housing
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Ongoing communication to better understand the
need
s of the community with respect to fair
housing.
4 Agency/Group/Organization Berkeley Housing Authority
Agency/Group/Organization Type Public Housing Authority What section of the Plan was addressed by
Consultation?
Public Housing Needs
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Comment on the draft plan, ongoing
c
onversations with Affordable Housing staff in the
City in how to best most efficiently deploy the
resources at each’s disposal to create more
affordable housing in the City.
5 Agency/Group/Organization City of Berkeley
Agency/Group/Organization Type Other government - local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Economic Development
Anti-poverty Strategy
Lead-based Paint Strategy
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Comment on draft
plan, ongoing meetings and
conversations to better understand the needs and
gaps in services in the community that HUD funds
can be most efficiently used to further the goals of
the City’s consolidate plan.
6 Agency/Group/Organization City Homeless Se rvice Agencies / Monthly Meeting
Agency/Group/Organization Type Service Providers – Community Agencies

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
12 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Strategic Plan
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The City’s staff dedicated to ending homelessness
in
the City meet monthly with the service
providers in the City that help people who are
unhoused, or formerly unhoused to discuss
challenges, successes and ways to improve the
lives of people who are homeless in the City.
7 Agency/Group/Organization Satellite Affordable Housing Associates Agency/Group/Organization Type Affordable Housing Developer What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Market Analysis
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Ongoing conversations to understand how the
dev
eloper and the City can best deploy their
resources to help the City create more affordable
housing.
8 Agency/Group/Organization Resources for Community Development Agency/Group/Organization Type Affordable Housing Developer What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Market Analysis
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Ongoing conversations to understand how the
de
veloper and the City can best deploy their
resources to help the City create more affordable
housing.
9 Agency/Group/Organization Rebuilding Together East Bay North Agency/Group/Organization Type Housing
Housing – Rehabilitation
Public Facility Improvements

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
13 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Ongoing conversations with the provider are used
to h
elp the City better understand the needs for
housing rehabilitation and public facility
improvements in the city.
10 Agency/Group/Organization Eviction Defense Center
Agency/Group/Organization Type Legal aid for fair housing and providing financial assistance to residents in danger of losing housing
What section of the Plan was addressed by
Consultation?
Services - Ho
using
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The organization provides data and other
in
formation to help the City understand the
magnitude of financial assistance needed to keep
people housed in the City.
11 Agency/Group/Organization Center for Independent Living Agency/Group/Organization Type Services – People with Disabilities Housing - Rehabilitation
What section of the Plan was addressed by
Consultation?
Services - Persons with Disabilities
Housing - Rehabilitation
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Ongoing conversat
ions with agency staff regarding
the needs they are seeing from the people they
serve.
12 Agency/Group/Organization Broadband Internet service providers Agency/Group/Organization Type Services - Broadband Internet Service Providers Services - Narrowing the Digital Divide
What section of the Plan was addressed by
Consultation?
Broadband

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
14 Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Consultation and research was done during the
C
onsolidated Plan and language responding to this
is reflected in section MA 60 of the Consolidated
Plan.
13 Agency/Group/Organization Department that manage Flood Prone Ar
eas/Public Land or Water
Resources/Emergency Management
Agency/Group/Organization Type Other government – local Agency - Managing Flood Prone Areas
Agency - M anagement of Public Land or Water
Resources
Agency - Emergency Management
What section of the Plan was addressed by
Consultation?
Emergency Pr eparedness and Hazard Mitigation
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
Consultation and research was done during the
Co
nsolidated Plan a
nd language responding to this
is reflected in section MA 65 of the Consolidated
Plan.

Table 2 – Agencies, groups, organizations who participated

Identify any Agency Types not consulted and provide rationale for not consulting Not applicable.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care EveryOne Home
In 2019, the City of Berkeley adopted EveryOne Home's plan to end homelessness: 2018 Strategic Update and the City continues to participate in the implementation of the plan.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
15 Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
City of
Berkeley
Housing
Element
City of Berkeley
The City of Berkeley created a plan to meet the housing needs of its community over the next eight years, from 2023 to 2031. This state-mandated plan, known as a Housing Element, is developed with extensive input from the public, the State, and City stakeholders.

On February 28, 2023, the California Department of Housing and Community Development (HCD) found the City of Berkeley’s revised Adopted 2023-2031 Housing Element (version 7) to be in substantial compliance with State Housing Element Law (Article

10.6 of the Gov. Code).

This effort aligns with the Strategic Plan's goal to assist in the creation and preservation of affordable housing opportunities.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
16 AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City’s Housing Advisory Commission (HAC), has jurisdiction over reviewing and advising City Council on matters respecting CDBG and ESG, and thus, reviewed the draft plan during a public meeting on April 10, 2023, that was advertised on the City’s website and calendar.

The City published a public hearing notice on April 7, 2023 in the Berkeley Voice in accordance with its citizen participation plan for a May 9th, 2023 Public Hearing at the Berkeley City Council meeting. The public notice was published in Spanish and Chinese. It also sent the notification to residents of public and assisted housing, users of community and senior centers, libraries, and residents being served by over 50 community-based agencies funded by the City of Berkeley.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
17 Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
1 Public
Mee
ting
Housing
Advisory
Commissio
n (HAC)
representat
ives
April 10,
2 023
members of
the HAC
discussed
the Draft
Annual
Action Plan,
and one
member of
the public
made
public
comment.

Seven
persons,
including
commission
ers, were
present.

The
members of
HAC voted
to approve
the Draft
AAP for
Council
considerati
on.

Questions:

The amount of
homeless service
funds used for
prevention/diversio
n and outreach,
separately,
and homeless
street outreach
efforts.

Requests:

More information
on HUD funded
community agency
outcomes and
program
participant
experiences.

Use and equity lens
when developing
the next
Consolidate Plan
and consider
incorporating the
City’s reparations
work.

Consider keeping
Fair Housing within
the City, in the City
Attorney’s Office.

Using more CDBG
funding for
multifamily housing
developments.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
18 Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL (If
applicable)
2 Public
He
aring
Minorities

Non-English
Speaking -
Specify
other
language:

Spanish and
Mandarin

Persons
with
disabilities

Residents
of Public
and
Assisted
Housing

L
ow income
Berkeley
Residents
This hybrid
Public
Hearing
was held on
May 9
2023, at a
City of
Berkeley
Council
Meeting.

TBD comments
received via email.

TBD(estimated)
persons in
attendance at the
May 9, 2023
meeting.

TBD member of the
public spoke at the
May 9, 2023 public
hearing on the
PY23 Annual Action
Plan in front of the
City Council.

Comments from
the public and
Council discussion
included: Question
about CDBG funded
rehab project and
new ownership of
accepting CDBG
funding.

All comments
were accepted
and/or
addressed and
will remain
recorded in
this report
should
additional
HUD funds
become
available for
public services
and housing.

None of the
comments
received
resulted in
changes to the
Plan.

Add link to
agenda
item
Table 4 – Citizen Participation Outreach

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
19 Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Berkeley is an entitlement jurisdiction. The City will receive $ 3,361,202 (estimated) in federal Housing and Urban Development Department (HUD) funds comprised of $2,707,553 in CDBG, $729,633 in HOME and $232,452 in ESG funds. Additionally, the City will add an estimated, $400,000 in CDBG Program Income and $253,649 (estimated) in unused CDBG carry over and $20,000 (estimated) in HOME Program Income to these amounts.

Anticipated Resources
Progra
m
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expecte
d
Amount
Availabl
e
Remain
der of
ConPlan
$
Narrative
Description
Annual
Allocation
: $
Progra
m
Income:
$
Prior Year
Resources
: $
Total:
$
CDBG
public
-
fe
dera
l
Acquisition
Admin and
Planning
Econ
omic
Development
Housing
Public
Improvement
s
Public
Services
$
2,707,55
3 $400,0
00 (estima
ted)

$253,649
(estimate
d)

$3,361,2
02 (estimate
d)

$2,707,
553
(estima
ted)

CDBG funds are
allocated to
public services,
housing services
and
rehabilitation,
and public
facility
improvements.

The City of
Berkeley does
not currently
use CDBG funds
for economic
development.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
20 Progra
m
Source
of
F
unds
Uses of Funds
Expected Amount Available Year 1 Expecte
d
Amount
Availabl
e
Remain
der of
ConPlan
$
Narrative
Description
Annual
Allocation
: $
Progra
m
Income:
$
Prior Year
Resources
: $
Total:
$
HOME
public
-
fe
dera
l
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction
for ownership
TBRA
$729,633

$20,00
0 (estima
ted)
$0

$749,633
(estimate
d)

$729,63
3 (estima
ted)

The City
allocates 10% of
the HOME
allocation to
administration,
up to 5% for
CHDO operating
costs, and the
remaining (or
approximately
85%) to the City
Housing Trust
Fund.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
21 Progra
m
Source
of
F
unds
Uses of Funds
Expected Amount Available Year 1 Expecte
d
Amount
Availabl
e
Remain
der of
ConPlan
$
Narrative
Description
Annual
Allocation
: $
Progra
m
Income:
$
Prior Year
Resources
: $
Total:
$
ESG
public
-
fe
dera
l
Conversion
and rehab for
transitional
housing
Fin
ancial
Assistance
Overnight
shelter
Rapid re-
housing
(rental
assistance)
Rental
Assistance
Services
Transitional
housing
$232,452

$232,452

$232,45
2 (estima
ted)

The City of
Berkeley uses
ESG funds for
Rapid
Rehousing,
Shelter and
Outreach for
literally
homeless
households. A
small portion of
the ESG funds
are used to
support the
County-wide
HMIS system.

The City
allocates 7.5%
of the allocation
to Planning and
Admin.

Table 5 - Expected Resources – Priority Table

Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Many of the housing and community services programs described in the Consolidated Plan will continue to be delivered by nonprofit community-based organizations. The City contracts with a wide range of housing and service providers using CDBG, HOME, ESG, Community Services Block Grant (CSBG), General Fund, and other sources of funding. These organizations leverage significant financial and in-kind support from individual community members, foundations, and private organizations that help meet the needs identified in this plan.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
22 In addition to leveraging at the individual agency level, the City has historically matched the investment of CDBG, HOME, and ESG dollars with the investment of General Fund. In PY23 over three quarters of the funding for community agency programs came from local and General Fund dollars. The City meets the HOME 25 percent match requirement. The City meets the dollar for dollar match requirements for the ESG program by allocating General Funds to various homeless services providers. Shelter programs alone receive over $TBD in City General Funds each year.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City has long-term leases of City-owned property with non-profit organizations that address the needs identified. Programs operating in leased City-owned properties include:
• Dorothy Day House Emergency Storm Shelter;
• Dorothy Day House Veteran’s Building Shelter;
• Dorothy Day House Berkeley Community Resource Center; • BOSS’ Harrison House Shelter for Homeless men, women and families; • BOSS’ Sankofa House – emergency shelter for homeless families; • Women’s Daytime Drop-In Center’s Bridget House – transitional housing for homeless families; • Women’s Daytime Drop-In Center – a homeless daytime center for women and children; • Bay Area Community Services (BACS) Pathways STAIR Center; and • Options Recovery Services – s
ubstance use treatment services.
• Lifelong Medical Care – healthcare services for people who are homeless The City also has long-term ground leases for affordable permanent housing at:
• Berkeley Way;
• Ocean View Gardens;
• UA Cooperative Housing ; and
• William Byron Rumford Senior Plaza
The City is currently exploring the possible use of the City-owned Ashby BART station area air rights as well as the West Berkeley Services Center as possible future housing sites. Since Fall 2020, the City has been engaging in discussions with BART to plan for future development of affordable housing on two BART sites in Berkeley, including the Ashby BART station and North Berkeley BART station. In April 2021, the City reserved $53 million in local funds for future housing developments with a goal of achievinga minimum of 35% affordable housing at both BART sites. The City and BART released an RFQ and selected a development team for North Berkeley BART in 2022, and expects to release an RFQ and select a

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
23 development team for Ashby BART in 2023.

Discussion
Not applicable.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
24 Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order Goal Name Start
Year
End
Year Category Geographic
Area Needs Addressed Funding Goal Outcome Indicator
1 Increase
affordable
Housing Supply
and Quality
2020 2024 Affordable
Housing
BERKELEY Affordable
Housing
CDBG:
$1,476,057
(estimated)

HOME:
$644,670
(estimated)

Rental units constructed:7
Household Housing Unit
Rental units rehabilitated:
53 Household Housing
Units

Homeowner Housing
Rehabilitated:
22 Household Housing
Unit

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
25 Sort
Order Goal Name Start
Year
End
Year Category Geographic
Area Needs Addressed Funding Goal Outcome Indicator
2 Improve Public
Facilities and
Public Services
2020 2024 Non-Housing
Community
Development
BERKELEY Non-Housing
Community
Development
CDBG: $656,805
(estimated)

Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
100 Persons Assisted

Public service activities
other than Low/Moderate
Income Housing Benefit:
875 Persons Assisted.

3 Provide
Homeless
Prevention,
Emergency
Shelter,
Outreach and
Rapid Re-
Housing
2020 2024 Homeless BERKELEY Homelessness ESG: $232,452 Tenant-based rental assistance / Rapid
Rehousing: 7 Households
Assisted
Emergency Shelter: 86
Households Assisted
Outreach: 50 Households
Assisted
Prevention: 0 Households
Assisted

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
26 Sort
Order Goal Name Start
Year
End
Year Category Geographic
Area Needs Addressed Funding Goal Outcome Indicator
4 Prevent,
prepare for and
respond to
COVID-19
2020 2024 Affordable
Housing
Homeless
Non-Housing
Community
Development
BERKELEY Affordable
Housing,
Homelessness,
Community
Development,
Non-Housing
Community
Development,
and responding
to needs of
COVID-19
$0 N/A
Table 6 – Goals Summary

Goal Descriptions
1 Goal Name Increase Affordable Housing Supply and Quality Goal
Description
CDBG and HOME funds will be used for affordable housing acquisition and rehabilitation, and single family rehabilitation programs.
2 Goal Name Im prove Public Facilities and Public Services Goal
Description
CDBG funds will be used to rehabilitate public facilities and homeless and fair housing public services. 3 Goal Name Provide Homeless Prevention, Emergency Shelter, Outreach and Rapid Re-Housing Goal
Description
ESG funds will be used to provide outreach, services emergency shelter and/or ra pid re-housing to literally homeless households.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
27 4 Goal Name Prevent, prepare for and respond to COVID-19 Goal
Description
CDBG (PY20), CDBG-CV and ESG-CV (CARES Act) funds were used to prevent, prepare for and respond to COVID-19 Table 7 – Goal Descriptions

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
28 Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b):

In PY23, the following projects are anticipating project completion:
• The Grinnell are anticipated to be completed in PY23. The project began construction in July 2022 and will include a total of 63 units with 19 extremely low income units and 43 low income units. The Grinnell will include 7 units supported by HOME funds. • Maudelle Miller Shirek Community anticipates project completion in PY23. The project began construction in PY22 and will include 87 units with 25 extremely low income units and 61 low income units.
• 2313-2323 10th Street’s 8 apartment units have been acquired as a part of the City’s affordable housing under a regulatory agreement and will complete a rehabilitation in PY23 with all 8 units for lower income residents.

In PY23 the following projects will continue in predevelopment stages:
• St. Paul Terrace (2024 Ashby Avenue) is in predevelopment stage with Community Housing Development Corporation (CHDC) and will include 50 extremely low to low- income affordable units.
• Ephesians Legacy Court (1708 Harmon Street) is in predevelopment stage with Community Housing Development Corporation (CHDC) and will include 80 extremely low to low-income affordable units.
• 1740 San Pablo Avenue is in the predevelopment stage with BRIDGE Housing and will include 54 very low and lower income affordable units.
• The City has a funding reservation for Supportive Housing at People’s Park (2556 Haste Street), which is in early predevelopment stage and will include 119 extremely low- income permanent supportive housing units for chronically homeless individuals. • The City has a funding reservation for the Berkeley Unified School District’s which is a project in early predevelopment stage that will include 110 units of both affordable and moderate income housing.
• The City hopes to pursue state Homekey funding for another transitional or permanent supportive housing project, if an eligible project and development team are identified.

The City intends to leverage local funds, if they’re compatible with the proposed Homekey project. This project would serve extremely low-income individuals experiencing homelessness.

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City of Berkeley
Annual Action Plan – DRAFT
PY 2023
29 Projects
AP-35 Projects – 91.220(d)
Introduction
With its CDBG, HOME, and ESG funds, the City of Berkeley will fund eligible projects in the following categories: housing development, rehabilitation and services projects, public services, public/community facility improvement projects, emergency shelter grant programs, program planning and administration, and the Housing Trust Fund.

Projects
# Project Name
1 City of Berkeley Planning and Administration
2 Housing Services
3 Single Family Rehabilitation Programs
4 Housing Trust Fund
5 Public Services
6 Public Facility Rehabilitation
7 ESG23 - Berkeley- Emergency Shelter, Outreach, Rapid Rehousing and HMIS Activities Table 8 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City continues to funds activities that have been identified as a need in the Consolidated Plan.

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City of Berkeley
Annual Action Plan
PY 2023
30 AP-38 Project Summary
Project Summary Information
1 Project Name City of Berkeley Planning and Administration Target Area BERKELEY
Goals Supported Increase Affordable Housing Supply and Quality, Improve Public Facilities and Public Services, & Provide Homeless Prevention, Emergency Shelter, Outreach and Rapid Re-Housing services Needs Addressed Affordable Housing, Homeless, & Non-Ho using Community Development
Funding CDBG: $621,511 (includes $400,000 in program income estimates) HOME: $74,963 (includes $20,000 in program income estimates) Description The project will fund City staff to plan and administer CDBG and HOME pr
ojects.

Target Date 6/30/2 02 4
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description Citywide.

Planned Activities Information about the planned activities is included in Section AP-38 Pro
ject Summaries.
2 Project Name Housing Loan Services
Target Area BERKELEY
Goals Supported Increase Affordable Housing Supply and Quality Needs Addressed Affordable Housing
Funding CDBG: $70,008
Description City staff provide loan services to support single family rehabilitation, ho
using trust fund projects, and other federally funded housing related activities.

Target Date 6/30/2 02 4

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City of Berkeley
Annual Action Plan
PY 2023
31 Estimate the number
and type of families
that will benefit from
the proposed activities
The project will serve approximately 52 active home rehabilitation loans from the Senior and Disabled Rehabilitation Loan Program, and 112 loans from housing trust fund projects and other federally funded housing related activities, for a total of 164 loans.

Location Description Various locations within the City of Berkeley.

Planned Activities Services provided under this project will include accounting, processing lo
an payments and loan payoff demands, deeds of reconveyance, lien releases and loan subordination requests, collections, personal financial analysis,
and structuring of temporary repayment
agreements.
3 Project Name Single Family Rehabilitation Programs
Target Area BERKELEY
Goals Supported Increase Affordable Housing Supply and Quality Needs Addressed Affordable Housing
Funding CDBG: $917, 708
Description Activities related to single family rehabilitation efforts will be funded un
der this project. These projects will cover health and safety improvements as well as accessibility improvements such as the installation of ramps/lifts for low-to-moderate income homeowners and renters.

Target Date 6/30/2 02 4
Estimate the number
and type of families
that will benefit from
the proposed activities
The project will benefit an estimated 2
6 low-income households
annually.

Location Description Various locations within the City of Berkeley.

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City of Berkeley
Annual Action Plan
PY 2023
32 Planned Activities Activities include health and safety, and accessibility improvements.

CIL's program removes barriers to housing for 12 (estimated 8 homeowners and 4 renters) low-income, disabled residents by installing ramps, lifts and making other interior and exterior modifications to ensure accessibility of their homes. Habitat for Humanity provides home repairs and access modifications to 12 low- income households focusing on essential health and safety of the home. City staff work with senior and/or disabled homeowners, providing an estimated two loans for the Senior & Disabled (Home) Rehabilitation Loan Program.
4 Project Name Housing Trust Fund
Target Area BERKELEY
Goals Supported Increase Affordable Housing Supply and Quality Needs Addressed Affordable Housing
Funding CDBG: $488,341 (estimated)
HOME: $644,670 (estimated)
Description Activities that provide funding for City staff in support of projects fu
nded with City of Berkeley Housing Trust Fund dollars, includes funding for projects and CHDO operating funds.

Target Date 6/30/2 02 4
Estimate the number
and type of families
that will benefit from
the proposed activities
24 units (households) will be directly supported with federal funding during the five-year Consolidated Plan period for an average of 4-5 per year.

Location Description Citywide

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City of Berkeley
Annual Action Plan
PY 2023
33 Planned Activities City staff actively facilitate development, rehabilitation and/or pre
servation of affordable housing through working with d
evelopers,
other city staff, lenders and other public agencies for the acquisition and rehabilitation of multi-family housing. Specific activities include working with project sponsors throughout predevelopment, supporting public participation in project selection and development, preparing and executing loan agreements, and conducting federally required environmental review. $30,000 will be dedicated to CHDO operating.

The aforementioned actitivities are funded by the City of Berkeley’s Housing Trust Fund, which includes HOME funds. Together with the HTF and Admin funds allowed under the CDBG and HOME program, the funds also
support Housing Development staff. 570.201 (k) “provides that CDBG funds may be used to pay costs in support of activities eligible for funding under the HOME program. This includes services such as housing counseling in connection with tenant-based rental assistance and affordable housing projects, energy auditing, preparation of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, and other services related to assisting owners, tenants, contractors, and other entities participating or seeking to participate in the HOME program.” 5 Project Name Public Services
Target Area BERKELEY
Goals Supported Improve Public Facilities and Public Services Needs Addressed Homelessness
No
n-Housing Community Development
Funding CDBG: $453,921 (es timated)
Description Services including homeless programs (Coordinated Entry Syste m - Housing Resource Center to provide housing problem solving, crisis and housing assessments and matching to resources), and fair housing services are funded under this project.

Target Date 6/30/2 02 4
Estimate the number
and type of families
that will benefit from
the proposed activities
590 low-i
ncome and homeless households are expected to be served through these activities.

Location Description Citywide

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City of Berkeley
Annual Action Plan
PY 2023
34 Planned Activities Bay Area Community Services operates Berkeley's Coordinated Entry Syst
em which will sc
reen, conduct intakes, and provide housing
navigation services to approximately 520 people. Eden Council for Hope and Opportunity will provide outreach, training, fair housing counseling services to up to 70 households, investigation of an estimated 25 fair housing complaints, 10 tenant/landlord mediations, and 10 fair housing testing/audits with follow-up training for non- compliant property owners.

6 Project Name Public Facility Rehabilitation
Target Area BERKELEY
Goals Supported Improve Public Facilities and Public Services Needs Addressed Non-Housing Community Development
Funding CDBG: $809,713 (includes program income and unused funds estimates)
Description Activities that fund the rehabilitation of public facilities are fund ed under this project.

Target Date 6/30/2 02 4
Estimate the number
and type of families
that will benefit from
the proposed activities
It is projected that improved public facility improvements provided by the City of Berkeley administered program will benefit a minimum of 100 people. The number of beneficiaries may increase as new public facility projects are identified through the acceptance of new applications.

Location Description Various locations within the City of Berkeley.

Planned Activities Activities include improving public facilities by funding substantial rehabilitation to applicants of the City administered Public Facility Improvement Program. The City will be accepting applications for funding during PY23.
7 Project Name ESG23-Be r keley - Emergency Shelter, Outreach, and Rapid Rehousing and HMIS Activities
Target Area BERKELEY
Goals Supported Provide Emergency Shelter, Outreach and Rapid Re-Ho using services Needs Addressed Homelessness

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City of Berkeley
Annual Action Plan
PY 2023
35 Funding ESG: $232,452

Description ESG funds will be used for Emergency Shelter, Outreach, Rapid Re- H
ousing an
d HMIS costs.

Target Date 6/30/2 02 3
Estimate the number
and type of families
that will benefit from
the proposed activities
Up to 7 households will be served with Rapid Rehousing fin ancial assistance.
50 per
sons will be assisted with Street Outreach.
86 persons will be assisted with Emergency Shelter

Location Description BACS Stair Navigation Center and vario us outreach and permanent housing locations.

Planned Activities ESG funds will be used to provide financial assistance and housing relo
cation and stabilization services to rapidly re-house 7 households, support approximately 50 pe
ople through street outreach and
engagement activities and 86 persons will be temporarily sheltered.

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City of Berkeley
Annual Action Plan
PY 2023
36 AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed As discussed in MA-50 of the Consolidated Plan, the City does not have areas of low income or minority concentration and therefore does not allocate federal funds geographically.

Geographic Distribution
Target Area Percentage of Funds
BERKELEY 100
Table 9 - Geographic Distribution

Rationale for the priorities for allocating investments geographically Not applicable.

Discussion
Not applicable.

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City of Berkeley
Annual Action Plan
PY 2023
37 Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
This section includes HOME-funded units only. The City has two HOME-assisted project under construction with project completion in PY23. Jordan Court adds 34 affordable housing units to the City’s portfolio, including 17 HOME units. The City supported the project with over $6 million in funding, including nearly $2.5 million in HOME funds. The Grinnell adds 63 affordable units to the City’s portfolio, including 7 HOME units. The City supported the project with $12 million in funding, including $1.8 million in HOME funds.

One Year Goals for the Number of Households to be Supported Homeless 9
Non-Homeless 15
Special-Needs 0
Total 24
Table 10 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through The Production of New Units 24
Total 24
Table 11 - One Year Goals for Affordable Housing by Support Type

Discussion
Not applicable.

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City of Berkeley
Annual Action Plan
PY 2023
38 AP-60 Public Housing – 91.220(h)
Introduction
The Berkeley Housing Authority (BHA) is not a department of the City of Berkeley. BHA Board members are appointed by the Mayor and confirmed by the City Council. BHA is a Section 8 Housing Choice Voucher-only agency; BHA does not own any public housing units. Responses below pertain to BHA’s voucher programs.

Actions planned during the next year to address the needs to public housing Not applicable. As a Section 8-only agency, BHA is making special effort to increase the number of landlords participating with us to house voucher holders. We have received a grant from the City of Berkeley ($150,000 in total) to implement a unit turnover program to incentivize landlords to participate with BHA to house voucher holders.

BHA was also selected as a participating Move To Work (MTW) agency in the landlord incentive cohort.

After planning is concluded, staff will be able to utilize the programmatic flexibilities to further incentivize landlords into our programs so that more voucher holders may be housed in Berkeley.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable; unfortunately, the cost of housing in Berkeley prohibits BHA’s ability to operate a homeownership program. Regarding involvement of our program participants, as a Section 8-only agency, BHA adheres to all of the required public processes including convening a Resident Advisory Board (RAB) to review and comment on proposed Admin. Plan changes. Additionally, the RAB will provide input on the public process that will entail finalizing the MTW plans prior to implementation.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance

Not applicable. BHA has been a high performing agency since 2010.

Discussion
Not applicable.

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City of Berkeley
Annual Action Plan
PY 2023
39 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City uses a variety of approaches to support homeless and other vulnerable populations.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Goals for PY23 include 1) If awarded new State of California Encampment Resolution Funds, support a new non-congregate shelter program to move unhoused people indoors and connect them to the North County Housing Resource Center (Coordinated Entry System) and other eligible and available resources; 2) if awarded State of California Project HomeKey funding, support a new Permanent Supportive Housing project by converting an old hotel, 3) entering into a contract and lease to support the development of 39 units of modular housing for unhoused residents of Berkeley, 4) continue to fund and otherwise support the North County Berkeley/Albany/Emeryville Housing Resource Center – the front door to the homeless Coordinated Entry System which provides outreach, assessments, housing problem solving, housing navigation and tenancy sustaining services to unhoused residents and 5) continue to fund shelter and interim housing programs to move unhoused residents into permanent housing. HRC staff will continue to implement the updated assessment process. It includes three phases: housing program solving (HPS), crisis assessment and housing assessment. The former will be focused on households that can be rapidly rehoused with limited support while the latter will be focused on households needing permanent supportive housing. This phased approach coupled with HPS flex funds will result in more varied households having access to needed supports. Staff will provide these assessments through 211 referrals, during HRC drop-in and by phone, and at street-based locations throughout Berkeley. Street based outreach staff will continue to engage people and provide basic necessities, such as water and hygiene kits.

Eligible people will be matched to appropriate and available resources including housing problem solving resources, housing navigation services, shelter, transitional and permanent housing programs, physical, mental health and addiction services and SSI advocacy.

The HRC will provide housing navigation services tied to rapid-rehousing and flexible financial assistance to support additional people in moving to permanent housing. Housing navigators support participants in a variety of ways from housing problem solving to assisting with identification documents and housing search activities. Once permanently housed, HRC staff will work with participants to maintain housing.

Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to provide funding for shelter and transitional housing as described in section MA- 30 of the Consolidated Plan. The City funds multiple agencies to provide up to 273 year-round shelter beds (192 congregate and 81 non-congregate), 79 seasonal shelter beds (nightly and inclement weather shelter) and 18 transitional housing beds (family and TAY beds). As part of the City’s COVID-19 response, the census at these programs has been reduced by approximately 50% so staff and

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City of Berkeley
Annual Action Plan
PY 2023
40 participants can maintain 6’ social distancing. Additionally, funds have been provided to expand shelter operations to 24/7 and to provide three meals per day so participants don’t have to leave during the day. In PY22, shelter programs began to increase census with the goal of returning to pre-COVID levels.

To offset the shelter census reduction, rapid re-housing and flexible rental assistance resources are being offered through the North County Housing Resource Center to help people move into permanent housing.

The City will submit a proposal to the State of California’s Encampment Resolution Funding Program to add a 23-unit motel to the non-congregate shelter portfolio. If awarded, Berkeley will contract with the motel and a service provider to provide shelter, housing navigation and linkages to other needed services and permanent housing.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The North County HRC, operated by Bay Area Community Services (BACS), conducts Coordinated Entry System (CES) intakes and assessments, which prioritize people who are homeless for resources that best meet their needs, including rapid re-housing placements and placement on the County’s Permanent Supportive Housing (PSH)Housing Queue. In both cases, the goal is to rapidly re-house households and support them for as long as retention services are needed and allowed.

The HRC’s Housing Navigation resources will be allocated to people across the new CES housing queue, from people with the most needs and prioritized for permanent supportive housing to people who need shorter term financial assistance with little to no services support. Housing Navigators will help collect documents needed to apply for housing opportunities, housing searches and linking participants to services that will help to retain housing.

The North County HRC and the BACS Stair Program have flexible and rapid rehousing funds, which assist in reducing people’s length of homelessness. The City will allocate ESG and local funds to support these efforts. While funding is available, there continues to be a lack of available units, within HUD’s Fair Market Rent (FMR) to support households with extremely low incomes making it difficult to rapidly re- house households in the County. Often, households are being housed in neighboring counties making it challenging to provide ongoing housing retention services. This has resulted in some delays in spending City of Berkeley ESG funds for rapid re-housing. In PY21, the City of Berkeley shifted its ESG allocation to fund the Pathway STAIR Navigation Center, and its street outreach and rapid rehousing components.

Also, the HRC has incorporated more shared housing opportunities through the use of larger units. This

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City of Berkeley
Annual Action Plan
PY 2023
41 has provided people with limited income and a willingness to share housing more opportunities to be permanently housed.

The City’s Shelter Plus Care programs fills all of its openings through HomeStretch and the "Housing First" approach in housing the target population. When an opening occurs, Home Stretch prioritizes unhoused people based on chronicity, need and date of referral, and provides participant information to the City of Berkeley, to be matched with a partner service agency that will provide case management and housing stabilization support. The case manager will support the participant to obtain and retain their housing, although services are not required in order to qualify for the rental assistance. Along the way, case managers work with participants to address issues that may have contributed to their housing instability or present obstacles to obtaining rental housing (such as poor credit, a lack of income, missing documents like a picture ID, outstanding legal issues, etc.).

In PY20, Berkeley’s Health, Housing and Community Services (HHCS) Department administered two (formerly five grants, which have been consolidated to two) Permanent Supportive Housing (PSH) programs serving primarily people who are chronically homeless. The Shelter Plus Care COACH grant, with 86 Shelter Plus Care certificates, targets people who are chronically homeless. The program combines the federal housing subsidy with services provided by Berkeley Mental Health, Berkeley Case Management and Lifelong Medical Care.

The Supportive Housing Collaborative grant is the newly consolidated grant (formerly four grants) and provides a mixture of site based and scattered site housing opportunities:
129 Shelter Plus Care certificates and prioritizes people who are chronically homeless, although it is not limited to serving the chronically homeless.
14 Shelter Plus Care certificates primarily serving older adults who are living on the streets and disabled due to a serious mental illness and /or history of drug and alcohol dependence. The HHCS Department’s Aging Services Division provides outreach, housing search assistance, and intensive case management for the participants enrolled in t
he project. 12 site-based units in partnership with Resources for Community (RCD) as the project sponsor. The contract serves 12 households. Participants are housed at one of 2 sites owned by RCD: MLK House and Erna P. Harris Court (EPHC). 11 site -based units in a
collaboration between the City of Berkeley Health Housing and Community Services Department (HHCSD) and Bonita House. The program targets adults who are dually diagnosed with a serious mental illness and history of alcohol and/or drug dependency.

The Square One program combines a locally funded housing subsidy, with services provided by Lifelong Medical Care. These programs are now being coordinated through HomeStretch. This new process includes prioritization for people who have the longest lengths of homelessness and the highest needs.

It then connects these participants to Housing Navigators, to help support their application to HomeStretch and ultimate housing placement, as units become available.

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City of Berkeley
Annual Action Plan
PY 2023
42 Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City is working with local hospitals to share information about the North County HRC and available homeless services in Berkeley to reduce discharges to local daytime drop-in centers and shelters that can’t support the needs of medically fragile people with severe disabling conditions. The City will continue to participate in countywide and regional efforts to reduce discharges into homelessness.

Discussion
The City of Berkeley supports a wide range of homeless programs, including emergency/crisis drop-in centers and shelters, transitional housing, permanent supportive housing, prevention and rapid rehousing services. All contracted service providers report outcomes based on the countywide outcome standards developed by EveryOne Home, in order to inform future adjustments to the service system.

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City of Berkeley
Annual Action Plan
PY 2023
43 AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

None.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
MA-40 of the Consolidated Plan describes the City programs intended to minimize development constraints, including amendments to density and development standards, demolition controls, calculation of affordable housing requirements, removal of parking requirements, and amnesty for unpermitted dwelling units.

• Density and Development Standards. In response to Council referrals to encourage more housing, particularly affordable housing, Planning staff have presented to Council on several zoning efforts that touch all residential areas of the City: Southside Plan Area (expand building envelope for more housing, including student housing); Middle Housing (increase density in the R-1, R-1A, R-2, R-2A, and MUR); and Residential Objective Standards (facilitate permit processing and reduce reliance on non-detriment findings). The recently adopted 2023-2031 Housing Element, approved by HCD on February 28, 2023, identifies targeted milestones and timelines for these efforts over the next three years between 2023 and 2026.
• Demolition Controls. The City is working collaboratively with the Rent Board to align zoning code amendments for demolition controls with state law requirements. The goal is to balance protecting existing tenants from displacement with the need to build more housing. As detailed in MA-40, Berkeley’s demolition regulations are not a constraint to housing development because demolition of units is permissible upon the replacement of at least the same number of existing dwelling units.

In addition, demolition controls play an important role in preserving existing housing in the City, which tends to be more affordable than new development. • Citywide Affordable Housing Requirements Update. In February 2023, the City Council adopted revisions to the affordable housing requirements which established an on-site inclusionary housing requirement and new in-lieu calculated on a per square foot basis. Other key changes include setting the same per square foot fee for rental and ownership projects; providing new options by which requirements can be met; and various administrative changes. • Parking Requirements. The City has taken significant steps to reduce constraints to development related to parking requirements in recent years. In the majority of the City, no parking is required for residential development of any number of units. In addition, with the passage of Assembly Bill (AB) 2097, all public agencies or cities are prohibited from imposing a minimum vehicle parking requirement on most development projects located within a half-mile radius of a major transit stop, which encompasses the majority of developable land in the City of Berkeley. • Amnesty for Unpermitted Dwelling Units. In response to a 2019 Council referral, the Building and Safety Division is creating an Unpermitted Dwelling Unit (UDU) Amnesty Program to ensure minimum health and safety standards while preserving the current housing stock. In addition, with the passage of California Assembly Bill (AB) 670, like all California cities, the City offers a five-year

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City of Berkeley
Annual Action Plan
PY 2023
44 postponement of building code enforcement provided that units meet minimum health and safety standards.

With the passage of California Senate Bill (SB) 35 Berkeley, like all California cities, has an expedited path to planning and environmental approvals for affordable housing developments meeting certain State- established criteria. Since 2021, the City has approved five land use entitlements for City funded projects under SB35: Berkeley Way, Jordan Court, The Grinnell, Maudelle Miller Shirek Community, 1740 San Pablo, and St. Paul Terrace.

The City also anticipates a reduction in barriers to affordable housing with the passage of California Senate Bill 330 (2019) which reduces the number of allowable public hearings for Housing Accountability Act (HAA) compliant projects to five. In 2021, six development projects were submitted under the provisions of SB 330.

Additionally, the City also anticipates a reduction in barriers to affordable housing with the passage of California Senate Bill 9 (2021) that promotes strategic infill growth and could provide options for homeowners to build intergenerational wealth by allowing up four units to be established on a single- family parcel.

The City also adopted the Adeline Corridor Plan (December 2020) which introduced a local density bonus program that incentivizes the development of affordable housing in the corridor.

In 2021, the City initiated work on update of the Housing Element (2023-2031). The Housing Element serves as a comprehensive document for everyone in the Berkeley community. Racial and social equity, and protections for vulnerable and historically impacted communities, are key factors in this update to the City’s housing plan. An essential component of the Housing Element is to identify sufficient sites that can accommodate future housing needs across income levels. The Housing Element must also develop various approaches in order to meet those needs, such as zoning updates or new affordable housing requirements and programs.

Discussion
Not applicable.

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City of Berkeley
Annual Action Plan
PY 2023
45 AP-85 Other Actions – 91.220(k)
Introduction:

The City of Berkeley uses a range of strategies to address the housing, homeless, and community development goals identified in the Consolidated Plan. This section discusses actions planned to foster and maintain affordable housing, to reduce lead-based paint hazards, to reduce the number of poverty- level families in Berkeley, and to coordinate activities in these areas with other entities.

Actions planned to address obstacles to meeting underserved needs One of Berkeley’s major obstacles to meeting underserved needs is the limited amount of federal, state, and local resources available given the diversity of needs in the community and high cost of housing in the Bay Area. The City of Berkeley will continue to pursue new State and Federal resources as available to meet underserved needs.

Actions planned to foster and maintain affordable housing The City has several on-going programs which foster and maintain affordable housing in Berkeley:
• Rent Stabilization Program. In 1980, Berkeley residents passed the Rent Stabilization and Eviction for Good Cause Ordinance. The Ordinance regulates most residential rents in Berkeley, provides tenants with increased protection against unwarranted evictions and is intended to maintain affordable housing and preserve community diversity. In 2017 Council adopted the Tennant Protection Ordinance, to prohibit illegal evictions through the use of fraudulent and/or misleading representations, intimidating conduct, and coercive conduct. • Affordable Housing Mitigation Fee (AHMF). This fee requires developers of new market rate rental housing to pay a fee into the Housing Trust Fund or to provide affordable apartments integrated into their development. Resulting units are affordable both to people with incomes less than 50 percent and less than 80 percent of Area Median Income (AMI). A portion of all 50% AMI units are set aside for Shelter+Care and Section 8 voucher holders. The Council adopted a formula for increasing the rate over time consistent with the Construction Costs Index (CCI). • Condominium Conversion Ordinance (CCO). The CCO governs the conversion of rental apartments and tenancy-in-common buildings to condominiums, and other types of mutual or cooperative housing. A mitigation fee for production of permanently affordable housing is collected for each unit converted into a condominium and allocated to the Housing Trust Fund. • Commercial Linkage Fee. The Affordable Housing Mitigation Program for commercial construction was approved on April 20, 1993. It imposes a fee on commercial new construction in which the newly constructed gross floor area is over 7,500 square feet that is allocated to the Housing Trust Fund.
• Housing Trust Fund (HTF). The City of Berkeley created its HTF in 1990 to help develop and preserve

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City of Berkeley
Annual Action Plan
PY 2023
46 below-market-rate housing. The HTF program pools funds for affordable housing construction from a variety of sources with different requirements, makes them available through one single application process to local developers, then monitors development and operation of the funded housing.
• Inclusionary Housing Ordinance for ownership housing. The ordinance requires developers of market rate ownership housing to include affordable ownership units or pay a fee allocated to the Housing Trust Fund.
• Relocation Ordinance. In 2011, the City of Berkeley adopted a local ordinance to prevent tenants from being permanently displaced if they must vacate their unit temporarily while repairs are completed to bring the unit into code compliance. The Ordinance requires the Owner to allow the tenants to move back into the unit once repairs are completed, and to provide financial compensation to tenants to mitigate the costs associated with being temporarily displaced. • Mortgage Credit Certificate. MCC is a federal income tax credit that provides qualified low income homebuyers a tax credit worth up to 15 percent of their annual mortgage interest paid on their home loan. MCC recipients adjust their federal income tax withholding, which increases their take- home pay, making monthly mortgage payments more affordable. The City participates in the Alameda County MCC program.
• Senior and Disabled (Home) Loan Rehabilitation Program. HHCS administers the program as an effort to preserve the City’s housing stock and to assist low- and moderate-income senior and disabled homeowners, funded by CDBG and CalHome. The applicants receive a zero interest loan, secured by a deed of trust on their home, the loan becomes due upon sale or transfer of the property; when the Borrower(s) ceases to occupy the property or at loan maturity (30 years), whichever comes first.
• Fair Chance to Housing. In March of 2020, Berkeley City Council passed the Fair Chance Access to Housing Ordinance, prohibiting the use of criminal history and/or criminal background checks in the tenant selection process for rental housing.

Actions planned to reduce lead-based paint hazards
The City will continue to comply with the Environmental Protection Agency’s Renovation, Repair, and Painting Program in its Senior and Disabled Rehabilitation Loan Program. Similarly, organizations working with the City of Berkeley on single family rehabilitation will work with the City and Alameda County Lead Poisoning Prevention Programs to increase awareness of lead issues among their clients and incorporate lead safe work practices into their activities.

The City of Berkeley Childhood Lead Poisoning Prevention Program collaborates with the Berkeley Health, Housing & Community Services Department’s State certified Lead Inspector / Assessor (Lead I/A). In addition to responding to cases of children with elevated blood lead levels and conducting full Environmental Investigations, the Lead I/A conducts Proactive Inspections of rental properties in high- risk areas.

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City of Berkeley
Annual Action Plan
PY 2023
47 The City of Berkeley’s Housing Code Enforcement group routinely conducts hundreds of Proactive Inspections in which exterior peeling presumed lead paint is required to be abated when identified.

Berkeley’s program also provides case management services to families with children who have elevated blood lead levels. Public Health Nursing services include outreach, health education, and follow-up with providers and families for initial blood lead levels (BLLs) of > 4.5 and < 9.5 µg/dL; follow-up/lead poisoning consultation for initial BLLS > 9.5 and < 14.5 (potential cases) and case management for children with blood lead levels > 14.5 µg/dL. Beginning July 1, 2023, initial blood lead levels (BLLs) threshold will change from > 4.5 and < 9.5 µg/dL to become > 3.5 and < 9.5 µg/d The Alameda County Healthy Homes Department (ACHHD) also provides HUD-funded lead hazard control grants for addressing lead hazards in qualifying Berkeley pre-1978 housing units that are occupied by a low income household with a priority for units with a child under 6 living in the unit, a pregnant occupant, or a child under 6 years who visits twice a week for at least three hours each time. Since July 1, 2020, ACHHD has completed lead evaluation at one unit in Berkeley which is under contract for lead hazard repair, has approved another unit for service and has seven units in the application process. The goal of the program is to make 144 housing units lead-safe county-wide over the 42-month grant period.

ACHHD also provides lead safety and healthy housing training. For coronavirus safety, in person trainings have been suspended under the County’s Shelter-In-Place orders. The ACHHD has increased traditional media, social media, and web content to continue outreach and education.

The ACHHD’s outreach and education activities promote lead safety, regulatory compliance, and participation in ACHHD lead hazard control grant programs to property owners, property managers. The ACHHD coordinates lead poisoning prevention outreach activities with the City of Berkeley Public Health. ACHHD also currently provides lead-safe painting supplies kit to eligible property owners.

Outreach partners and locations for property owner presentations, staff trainings, and literature distribution have included the Berkeley Rent Stabilization Board and Permit Office, the Berkeley Housing Authority, Tool Lending Library, North Berkeley Senior Center, YMCA, Berkeley Property Owners Association, the East Bay Rental Housing Association which is in Oakland but serves Berkeley property owners, the Ecology Center, and local paint and hardware stores. The ACHHD participates in local collaborations and with partners including the Berkeley Tobacco Prevention Coalition, Bay Area Lead Programs, Berkeley Black Infant Health, Kerry’s Kids, Rebuilding Together East Bay North, Habitot, and the Safe Kids Coalition.

Actions planned to reduce the number of poverty-level families The City funds a wide variety of social service programs designed to assist households with poverty level

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City of Berkeley
Annual Action Plan
PY 2023
48 incomes. These programs include childcare and a range of services for special needs populations, which are outlined in other sections of this Consolidated Plan. This section will highlight the City’s strategies to increase livable wage employment opportunities by supporting related community services and working with public and private regional partners. Strategies include:
• Funding and refinement of anti-poverty programs provided by community-based organizations and by the City. Federally funded community agency contracts are outlined in the Annual Action Plan. • Continue implementation of the City of Berkeley’s Living Wage Ordinance. • Foster regional coordination on economic development to benefit low-income Berkeley residents. • The City of Berkeley Family Friendly and Environment Friendly Ordinance (BFFEFWO) allows workers to seek a flexible or alternative work arrangements with their employer to accommodate needs such as child or elder care as well as consideration for a modified schedule to reduce environmental impacts associated with traveling to and from work.
• The City of Berkeley continues to serve as an
integral partner for Berkeley’s 2020 Vision, a
communitywide initiative that strives to eliminate racial disparities in academic achievement in Berkeley public schools. In the face of COVID
-19, the role of Berkeley’s 2020 Vision shifted to focus on improving safety and equity among schools, child care and youth providers in the City of Berkeley. The City of Berkeley serves as a training and technical assistance hub for child- and youth- serving departments within the City and other child- and youth-serving agencies and programs throughout Berkeley.
• Linking homelessness and homelessness prevention programs, such as the coordinated entry system, to employment training and placement opportunities. The HRC has an employment position that primarily supports pe
ople who are literally homeless and in some cases people who were previously homeless but still receiving housing retention services. • The City has contracted with a number of workforce development programs to provide training, education and job placement for low income, under-employed, and unemployed residents:
o Inter-City Services provides employment, training, and education and continues to serve veterans as funded under the Governor’s 15% Discretionary pool of Workforce Investment Act (WIOA) funds.
o Biotech Partners operates the Biotech Academy at Berkeley High School, targeting youth from under-represented populations in the fields of science and technology (African American, Latino, South East Asian, and female and low-income youth) and who may be at risk of not graduating from high school.
o The Bread Project provides training in culinary arts and bakery production, and includes the formerly incarcerated as their target population. They operate a social enterprise (wholesale bakery) that creates opportunities for trainees to obtain crucial on-the-job experience. o Rising Sun Center for Opportunity (formerly known as Rising Sun Energy Center) Green Energy Training Services (GETS) provides pre-apprenticeship classroom and hands-on training in the Building and Construction trades which serves as a pathway for careers in construction including green and clean technologies. Rising Sun also operates the California Youth Energy Services

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City of Berkeley
Annual Action Plan
PY 2023
49 (CYES) program funded by the CA Public Utilities Commission, providing summer jobs for youth conducting residential energy audits.
o Berkeley Youth Alternatives (BYA) receives WIOA funding through Alameda County Workforce Development Board (ACWDB) to provide workforce development services to in-school and out- of-school youth. The area of workforce development is a focus area for increased coordination, including establishing methods to maximize and leverage resources. BYA, utilizing city funds, provides training to disadvantaged youth in all aspects of park and landscape maintenance in addition to summer and after-school programs for children and youth. o UC Theatre Concert Careers Pathways (UCCCP) is a nine-month program for young people ages 17-25, providing workshops and paid internships for participants to learn all aspects of live music venue production.
• Continuing the City’s Local Hire policies which include the Community Workforce Agreement (CWA) between the City of Berkeley and the Building trades (created in 2011) which applies to publicly funded construction projects estimated at $500,000 or above, and, the First Source local hiring policy which applies to both public infrastructure projects estimated between $100,000 - $499,999. • The YouthWorks employment program continued its partnerships with City and nonprofit agencies. YouthWorks targets low income, at-risk youth and provides all youth with workplace skills training. City of Berkeley departments and local community agencies serve as worksites providing valuable work experience to Berkeley youth 14-25 years old. • The City’s Recreation Division of the Park, Recreation & Waterfront Department partners with the Berkeley Unified School District and YouthWorks on the Achievers Program, which provides leadership development, career exploration and peer-led tutoring. This program is also used as a stepping stone for entry into the City’s YouthWorks program. • Funded through the City’s Public Works Department, the Downtown Streets Team, a non-profit organization, homeless and low-income persons volunteer to beautify commercial districts while engaging in case management and employment services.

The City's anti-poverty strategy continues to be closely tied to the funding of approximately 50 community agencies to provide services as described above to enable people in poverty to attain self- sufficiency, support at-risk youth to succeed in school and graduate, and protect the health and safety of low-income people. The City also funds anti-poverty programs with general funds for job training and creation/job placement agencies.

Actions planned to develop institutional structure
During the next year, the City of Berkeley will continue to coordinate the housing and community services activities within the department through regular senior staff meetings and coordination on specific topics. The City’s Health & Human Services and its Housing Departments merged in PY12. Since that time, senior leadership of all Divisions meets weekly to share information on Division activities which promotes closer coordination. For example, in PY20, the senior leadership of each Division,

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Annual Action Plan
PY 2023
50 facilitated by the City’s Homeless Services Coordinator, explored mechanisms to better coordinate housing, services, and public and mental health services. In PY21 and PY22, Housing Community Services (HCS) increased its coordination with Berkeley Mental Health (BMH) and Aging Services (AS) to support people who were literally homeless and at risk if infected with COVID-19. This occurred through regular case conference meetings. The City’s Homeless Services Coordinator moved to the City Manager’s Office, resulting in increased outreach and service coordination between the HCS and the City Manager’s Neighborhood Services (NS) Division. This coordination among HCS, BMH, AS and NS Divisions will continue to support existing and new projects in PY22. The Division leadership will continue to seek opportunities to increase coordination during PY22. Two additional HHCS institutional structure priorities for PY22 are one to create and implement an equity framework for the Department, and two create and implement a communications framework for the Department. These frameworks will establish ongoing uniform institutional structures for each Division within the HHCS.

Actions planned to enhance coordination between public and private housing and social service agencies
City staff will also continue to participate in the implementation of Alameda County’s Continuum of Care Plan to end homelessness: 2018 Strategic Update. Staff will continue to participate in the initiative’s Leadership Board, which includes most public funders of housing and homeless services in the county, as well as leadership from key community-based organizations. Leadership Board membership helps coordination efforts across the county. Staff also participates in other committees composed of other funders (such as Alameda County Behavioral Health Care Services, Social Services Agency, and the Office of Homeless Care and Coordination) as well as many community-based organizations.

Recent countywide collaboration efforts include the ongoing refinement of the Coordinated Entry System, Project Roomkey hotels, ongoing coordination of Emergency Housing Voucher (EHV) to support permanent housing for Project Roomkey participants. The City will continue to work with County partners on CES efforts, EHV lease ups and other efforts that increase permanent housing opportunities.

Lastly, the City will continue to coordinate with the County, BHA and other partners to market landlord incentive programs to increase the portfolio of available private market units.

City staff continue to collaborate with service agencies, from legal advocacy assistance, to disability rights organizations for unit modifications, the VA for VASH vouchers, and the Berkeley Housing Authority (BHA) for Mainstream and Emergency Housing vouchers. Additionally, with Project-based voucher allocations and through work with owners of Below Market Rate units, BHA has partnered with both non-profit and for-profit developers of housing in Berkeley, to house those participating in our programs. In 2021 BHA received an allocation of 51 Emergency Housing Vouchers from HUD; City staff, and community/social services partners meet twice monthly to collaborate on the lease up of these

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City of Berkeley
Annual Action Plan
PY 2023
51 vouchers for the formerly homeless, in Berkeley.

Discussion:

The majority of Berkeley’s activities furthering the goals of the Consolidated Plan are provided by community agency partners. This will continue to be the case in PY23.

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City of Berkeley
Annual Action Plan
PY 2023
52 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $400,000
(estimated)

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: $400,000
(estimated)

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.

99.00%

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City of Berkeley
Annual Action Plan
PY 2023
53 HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

The City of Berkeley uses no forms of investment other than ones described in §92.205(b).

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

No homeownership or tenant-based rental assistance activities are anticipated for PY23.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

No homeownership activities are anticipated for PY23.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City of Berkeley’s HTF Guidelines apply to any project using HOME funds to refinance existing debt. Per the Guidelines, Project owners submit funding requests to the City, or reply to the City’s Requests for Proposals for funding, with the following information, among other things:
a) As a condition precedent to funding, Owners must demonstrate an extension of affordability term. For new HOME funds invested in the Project, the minimum affordability term is the term required by 24 CFR 92 et seq., but, typically, the required extension of affordability is 55 years. b) As a condition precedent to funding, Owners must demonstrate that the refinancing preserves the affordable Project through rehabilitation.

1. Minimum rehab costs/unit must correspond to at least the value identified in a current physical needs assessment to ensure that the long-term needs of the Project can be met.

2. Typical rehab/unit costs are no less than $10,000/unit, the minimum rehab value required by the California Debt Limit Allocation Committee Regulations. c) Owners indicate if their refinancing request includes new construction that adds net new units to the Project
d) Owners provide extensive Project data, including audited financial statements, cash flows, rent

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City of Berkeley
Annual Action Plan
PY 2023
54 rolls, services plans, PNAs, and rehabilitation proformas to demonstrate that:

1. The project is sound financially and disinvestment has not occurred

2. The long-term needs of the Project and residents will be met by the rehab

3. The proposed rehab is financially feasible, includes no barriers to refinancing existing mortgage loans, does not include the refinancing of any existing federal or federally-insured loans, and leverages other non-federal funds to the greatest extent possible

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City of Berkeley
Annual Action Plan
PY 2023
55 Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)

1. Include written standards for providing ESG assistance (Attachment 3) The City’s standards for providing ESG assistance were updated in 2022. The most recent version is attached. Each Annual Action Plan and any subsequent amendment notification and request for public comment is sent to the Homeless Both the Homeless and Housing Advisory Commissions are comprised of nine Council appointed community members. The Housing Advisory Commission advises Council on housing matters in Berkeley including the Commission overseeing and advising Council on both CDBG and ESG programs and funding allocations. Berkeley’s Homeless Commission advises City Council on homeless policy, program and funding recommendations and includes participation by people with lived expertise.

2. Describe performance standards for evaluating ESG.

The performance standards to be applied to ESG activities is attached as an image labeled Outcome Measures. These standards were developed in 2018 by EveryOne Home’s Results Based Accountability Committee, which includes City of Berkeley staff. his matrix presents outcome standards for each type of program in the Continuum of Care. Most were established as a percentage of the average outcomes achieved by all County programs (for example, the average permanent housing placement rate of all emergency shelters) and will be adjusted over time to ensure continued improvement.

Together Priority Home Partnership and the Housing Retention program make up the housing retention and rapid rehousing segment of the City’s continuum of services. The City will continue to work with community agencies to ensure that prevention and rapid rehousing funds are fully utilized and play an important role in ending homelessness in Berkeley.

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City of Berkeley
Annual Action Plan
PY 2023
56 Attachments

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Attachment 2
Public Notice and Community Participation Summary

City of Berkeley
Annual Action Plan
PY 2023

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
&
REQUEST FOR COMMENTS ON THE CITY’S ANNUAL ACTION PLAN

The Health, Housing, and Community Services Department (HHCS) will conduct a Public Hearing addressing the proposed Annual Action Plan for Program Year (PY) 2023 (July 1, 2023 – June 30, 2024) which includes recommended allocations of Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnership Program (HOME) funds.

The hearing will be held on Tuesday, May 9, 2023, at 6:00 P.M. The hearing will be conducted in a hybrid model with both in-person attendance and virtual participation. For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person. The in-person meeting will be held at the Berkeley Unified School District Board Room - 1231 Addison Street, Berkeley, CA 94702.

A copy of the agenda material for this hearing will be available on the City Council agenda webpage at https://berkeleyca.gov/your-government/city-council/city-council-agendas in advance of the meeting. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology. You may also attend virtually, at the teleconference location: 1404 Le Roy Avenue, Berkeley 94708.

Accommodations Provided Upon Request. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date. Providing at least three working days’ notice will help to ensure availability at the meeting.

The proposed PY 2023 Annual Action Plan required by the U.S. Department of Housing and Urban Development (HUD), outlines the City's housing and community development program for the period July 1, 2023 through June 30, 2024. The plan also outlines the proposed use of the estimated $3,361,202 in Community Development Block Grant (CDBG) funds available for housing related activities, improvement of public facilities, public services, and planning and administration. In addition, the plan outlines the proposed use of $232,452, the majority of which is used for rapid re-housing financial assistance, outreach and/or shelter for people who are homeless in Berkeley under the Emergency Solutions Grant (ESG), and the use of an estimated $749,633 in HOME Investment Partnerships Program (HOME) funds for affordable housing development and rehabilitation.

PUBLIC COMMENT PERIOD: The public also has from April 7, 2023 through May 9, 2023 to submit written comments on the PY2023 Annual Action Plan. A draft of the Plan will be available for public review on the web at https://berkeleyca.gov/community- recreation/community-services/hud-planning-performance-reports.

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Attachment 2
Public Notice and Community Participation Summary

City of Berkeley
Annual Action Plan
PY 2023
Physical copies of the public comment draft will be made available at the following locations:
• Berkeley Main Library: Reference Desk, on the 2nd Floor, 2090 Kittredge Street, Berkeley; and
• Health, Housing, and Community Services Department, 2180 Milvia Street, 2nd Floor, Berkeley.

All written comments must be either sent by email to both [email protected] AND [email protected], or by letter, or other legible written form, to Health, Housing, and Community Services Department, 2180 Milvia Street, 2nd Floor, Berkeley, and received no later than May 9, 2023, at 5:00 p.m.

For residents and groups that would like assistance in translating this report into another language, please contact HHCS at (510) 981-5400 or [email protected].

For general information, please contact Joshua Oehler ( phone: (510) 981- 5408 or email:

[email protected]) at HHCS 2180 Milvia Street, 2
nd Floor, Berkeley, 94704.

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Attachment 2
Public Notice and Community Participation Summary

City of Berkeley
Annual Action Plan
PY 2023
El Departamento de Servicios de Salud, Vivienda y Servicios Comunitarios llevará a cabo una audiencia pública para tratar el Plan de Acción Anual para el Año (PY) 2023 (1 de julio de 2023 a 30 de junio de 2024), el cual incluye las asignaciones recomendadas de fondos de la Beca de Desarrollo del Bloque Comunitario (Community Development Block Grant- CDBG), Beca de Soluciones de Emergencia (Emergency Solutions Grant - ESG) y la beca HOME.

La audiencia se llevará a cabo el martes, 9 de mayo de 2023 a las 6:00 P.M. La audiencia está programada en forma presencial y virtual (modalidad hibrida). Para aquellas personas que asistan presencialmente mascarillas que cubran nariz y boca son recomendadas. Si se está sintiendo enfermo por favor no venga a la audiencia. La audiencia presencial se llevará a cabo en el Berkeley Unified School District Board Room localizado en 1231 Calle Addison, Berkeley, CA 94702.

Una copia de la agenda para esta audiencia estará disponible en la página electrónica https://berkeleyca.gov/your-government/city-council/city-council-agendas antes de la audiencia. Una vez que la agenda sea publicada, esta incluirá un enlace (link) para la participación pública usando la tecnología de Zoom.

Para solicitar adaptación especial debido a una discapacidad por favor contactarse con el Especialista de Servicios para Discapacitados al 510.981.6342 o al (TDD) 510.981.6345.

Por favor contactarse con el especialista por lo menos 3 días antes de la junta para asegurar que su pedido sea atendido.

El Plan de Acción Anual PY 2023 que cubre el período a partir del 1ro de julio de 2023 hasta el 30 de junio de 2024 es un requisito del Departamento de Vivienda y Desarrollo Urbano de los E.E. U.U. (HUD por sus siglas en inglés) y resume los programas de vivienda y desarrollo comunitario. El plan también enumera la distribución de aproximadamente $3,361,202 que la Ciudad recibirá por medio de la de la Beca de Desarrollo del Bloque Comunitario (Community Development Block Grant - CDBG) para financiar programas de vivienda, mejoras de infraestructura de edificios públicos, servicios públicos y la administración y planificación de los mismos. Además, el plan también explica el uso propuesto de aproximadamente $232,452 que en su gran mayoría será usado para la relocalización rápida de vivienda dando ayuda financiera, información y/o refugio a las personas desamparadas de Berkeley, estos fondos son parte de la Beca de Soluciones de Emergencia (Emergency Solutions Grant - ESG). También explica cómo se usarán los fondos de la Beca HOME, aproximadamente $749,633 que se usarán para el desarrollo y rehabilitación de viviendas.

PERIODO DE COMENTARIO PÚBLICO: A partir del 7 de abril de 2023 hasta el 9 de mayo de 2023, el público podrá presentar comentarios por escrito sobre el Plan de Acción Anual PY 2023. Un borrador del Plan está disponible al público en el Internet en la página electrónica https://berkeleyca.gov/community-recreation/community-services/hud-planning- performance-reports.

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Attachment 2
Public Notice and Community Participation Summary

City of Berkeley
Annual Action Plan
PY 2023
Copias impresas del borrador estarán disponibles en los siguientes lugares:
• En el escritorio de referencia de la Biblioteca Pública de Berkeley localizada en Calle Kittredge 2090, y
• En el escritorio de recepción del Departamento de Salud, Vivienda y Servicios Comunitarios de la ciudad de Berkeley localizado en la Calle Milvia 2180, 2do Piso,

Cualquier comentario escrito tiene que ser enviado a [email protected] Y [email protected] o enviarlos por correo regular al Health, Housing & Community Services Department, 2180 Milvia Street, 2nd Floor, Berkeley, CA 94704. Todos los comentarios deben ser recibidos antes o a más tardar el 9 de mayo de 2023 hasta las 5:00 p.m.

Residentes y grupos que necesiten servicios de interpretación o traducción en otro idioma por favor contactarse con el Departamento de Salud, Vivienda y Servicios Comunitarios al 510.981.5400 o por correo electrónico a [email protected]

Para información general, por favor contactarse con Joshua Oehler al 510.981.5408, por correo electrónico a [email protected] o por correo regular enviando sus comentarios a HHCS 2180 Milvia Street, 2nd Floor, Berkeley, CA 94704.

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Attachment 2
Public Notice and Community Participation Summary

City of Berkeley
Annual Action Plan
PY 2023
伯克萊市
公眾視訊聽證會通知
及
計劃評論徵求
關於市政府的年度行動之綜合計劃書
伯克萊市房屋及社區服務部门(HHCS)將提出公開聽證會針對市政府的 2023 服務行動計劃年度 (PY2023) (07/01/2023-06/30/2024) 行動之綜合計劃書. 伯克萊市政府將邀請公衆人仕對伯克萊市政府的年度行動之綜合計劃書加以檢討及評論。該
計劃書將提
出對於社區發展經費（CDBG），緊急解決方案撥款
（ESG）和房屋投資合作計劃（HOME）的資金分配建議。
此次聽證會將在 2023 年 5 月 9 日，星期二，下午 6:00 舉行。此次聽證會將以現場出席和虛擬參與的混合模式進行。對於現場與會者，我們鼓勵大家佩戴面罩或同時遮住鼻子和嘴巴的口罩。如果您身體不
適，請不要親自出席會議。面對面會議將在伯克利聯合學區董事會會議室 - 1231 Addison Street, Berkeley, CA 94702 舉行。
本次聽證會的議
程材料副本將在會議召開前在市議會議程網頁 https://berkeleyca.gov/your-
government/city-council/city-council-agendas 上提供。一旦發布，本次會議的議程將包括一個使用 Zoom 視頻技術的公眾參與鏈接。您也可以在電話會議地點, 1404 Le Roy Avenue, Berkeley 94708 虛擬參加。
市政府將根據要求提供視聽支持。如果您需要有關於殘障人士的技術協助，包括輔助工具或服務，請至
少在會議開始前三個工作日致電(510) 981-6342（V）或 (510)981-6345（TDD）與殘疾服務專員聯繫。如能在會議日期前三個工作日發出技術協助通知，我們將盡力確保您毫無困難地參加會議。
此 PY 2023 服務行動計劃年度之綜合計劃書擬議計劃是根據住房和城市發展部門 (HUD) 財務資助接受
者所提出的流程。此計劃書概述了伯克萊市政府的城市住房和社區發展計劃。該計劃書有效運轉期為
2023 年 7 月 1 日至 2024 年 6 月 30 日。該計劃還概述了在社區發展經費（CDBG）中分配的$3,361,202 美元（估計），用
於與住房有關的活動，公共設施的改善，公共服務以及規劃和管理。此外，該計劃還概
述了大約$23
2,452 美元（估計）的擬議用途，其中大部分用於根據緊急解決方案撥款（ESG）為伯克利
無家可歸者提供快速重新安置的財政援助，外展和/或庇護，以及動用約$74 9,633 美元（估計）的 HOME
資金用於經濟適用房的開發和修復。
公共評論期：公眾可以在 2023 年 4 月 7 日至 20 23 年 5 月 9 日之間提交書面評論。該計劃的草案可在以下網站上進行公開審查：
https://berkeleyca.gov/community-recreation/community-services/hud-planning-performance- reports
公眾意見草案的紙質副本將在以下地址提供：
• 伯克利主圖書館：2090 Kittredge Street, Berkeley 諮詢台，二樓
• 伯克萊市房屋及社區服務部门(HHCS)：2180 Milvia Street, Berkeley，二樓

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Attachment 2
Public Notice and Community Participation Summary

City of Berkeley
Annual Action Plan
PY 2023
所有書面評論必須通過電子郵件同時發送至 [email protected] 和
[email protected] ，或通過信件或其他清晰的書面形式發送至伯克萊市房屋及社區服務部门
(HHCS)，2180 Milvia Street, 2
nd
Floor, Berkeley，並於 2023 年 5 月 9 日下午 5:00 之前收到這種類型的書面
交流。
對於需要幫助將本報告翻譯成另一種語言的居民和團體，請致電 (510) 981-5 400 或發送電子郵件至
[email protected] 聯繫 HHCS 以獲得技術支持。
请仅在需要更多有关此主题信息时，联系伯克萊市房屋及社區服務部门的 Joshua Oehler 先生(电邮：
[email protected])，地址: 2180 Milvia St., 2nd Floor, Berkeley, CA 94704。

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Attachment 2
Public Notice and Community Participation Summary

City of Berkeley
Annual Action Plan
PY 2023
PY23 City of Berkeley Annual Action Plan
Summary of Citizen Participation Outreach & Comments
Including the May 9, 2023 Hybrid Public Hearing

Meeting
Type
Mode of
Outreach
Target of
Outreach
Summary of
Response/
Attendance
Summary of Comments
Received
Summary
of
Comments
Not
Accepted
and Reasons

April 10, 2023
Public
Meeting
Housing
Advisory
Commission
Commission
website

General
Public

One member of
the public in
attendance. One
member of the
public
commented and
all six
Commissioners
present,
commented.

Questions:

The amount of homeless
service funds used for
prevention/diversion and
outreach, separately,
and homeless street outreach
efforts.

Request:

More information on HUD
funded community agency
outcomes and program
participant experiences.

Use and equity lens when
developing the next
Consolidate Plan and consider
incorporating the City’s
reparations work.

Consider keeping Fair
Housing within the City, in the
City Attorney’s Office.

Using more CDBG funding for
multifamily housing
developments.

All comments
accepted
City of
Berkeley
Community
Calendar

May 9, 2023

Hybrid Public
Hearing
&
Public Noticing
Newspaper
posting in
Berkeley Voice
on
April 7, 2023
General
Public
TBD comments
received via email.

TBD (estimated)
persons in
attendance at the
May 9, 2023
Berkeley City
Council hosted
Hybrid Public
Hearing.

Emailed comments included:

TBD

TBD members of the public
spoke at the May 9, 2023
public hearing on the PY23
Annual Action Plan in front of
the City Council. Comments
from the public and Council
discussion included:

All comments
accepted
City of Berkeley
Community
Calendar
General
Public
Electronic flyer
email
distribution on
April 7, 2023
City of
Berkeley
Libraries
Electronic flyer
email
distribution on
April 7, 2023
City of
Berkeley
Commission
s

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Attachment 2
Public Notice and Community Participation Summary

City of Berkeley
Annual Action Plan
PY 2023
Meeting
Type
Mode of
Outreach
Target of
Outreach
Summary of
Response/
Attendance
Summary of Comments
Received
Summary
of
Comments
Not
Accepted
and Reasons
Electronic flyer
email
distribution on
April 7, 2023
EveryOne
Home
–
Alameda
County
Homeles
s
Continuu
m of
Care
Electronic flyer
email
distribution on
April 7, 2023
Local
Businesses

Electronic flyer
email
distribution on
April 7, 2023
Local
Affordable
Housing
Developers

Electronic flyer
email
distribution on
April 7, 2023
Faith-based
Organizations

Electronic flyers
distributed to
Recreation
Centers on
April 7, 2023
South & West
Berkeley

Electronic
flyers
distributed
to
Affordable
Housing
Developme
nt on
April 7, 2023
Residents of
Affordable
Housing

Electronic
flyers
distributed
to over 50
non-profit
Low-income
Population,
including
seniors and
persons with
disabilities

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Attachment 2
Public Notice and Community Participation Summary

Electronic
flyers
distributed
to two
Berkeley
Senior
Centers on
April 7,
2023
Seniors

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City of Berkeley

Emergency Solutions Grant
Policies and Procedures Manual
with ESG-CV Addendum

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City of Berkeley ESG Policies and Procedures
ESG Policies and Procedure Manual
Table of Contents

Introduction
Interim Guidelines ............................................................................................................................................. 2 Structure of the Manual .................................................................................................................................... 2-3 Program Manual ................................................................................................................................................... 4-29 Section I: Street Outreach ............................................................................................................................ 3-6 Eligible Uses and Costs ....................................................................................................................... 5 Beneficiaries ....................................................................................................................................... 6-7 Section II: Emergency Shelter ....................................................................................................................... 8 Eligible Beneficiaries… ......................................................................................................................... 8 Eligible Uses and Costs ........................................................................................................................ 8-12 Client Documentation ......................................................................................................................... 12-13 Section III: Homeless Prevention and Rapid Rehousing ………..………………………..………………………………………… 1: Participant Eligibility …………………………………………………..………………………………………………………………………………… … 14
14 Eligibility for Rapid Rehousing ........................................................................................................................... 14 Eligibility for Prevention Assistance ................................................................................................................... 15 Eligibility Determination .................................................................................................................................... 15 2: Enrollment ..........................................................……………………………………………………………………………………………… Budget and Housing Stability Plan ………………………………………..………………………………………………………………… 3: Financial Assistance for Housing …………………………………………………………………………………………………………………… 16 16
16-17
Eligible Financial Assistance Expenses .............................................................................................................. 16 Determining the Amount of Financial Assistance .............................................................................................. 17 4: Supportive Services and Connection to Mainstream Resources ........................................................................ 18 Links to Mainstream Services............................................................................................................................ 19 L
egal Services ..................................................................................................................................................... 19 5: Housing Unit Requirements ............................................................................................................................... 20 A. Rent Reasonableness and Compliance with Fair Market Rent .................................................................. 20 Housing Inspection ............................................................................................................................................ 20 Rental Assistance Agreement ………………………………………....………………………………………………………………… 21 6: Three Month Reassessment of Eligibility ........................................................................................................... 21-22 7: Termination of Housing Assistance or Program Participation ............................................................................. 22-23 Grievances and Appeals ……………………………………………....………………………………………………………………………… .. 23 8: Program Exit ...................................................................................................................................................... 23 Section IV: Housing Management Information System (HMIS) ........................................................................ 24 Eligible Costs ........................................................................................................................................ 24 Section V: Administration …………………………………………….…………………………………………………………………………… Eligible Costs ………………… … …………………… ………………… … …………………… ………………… … …………………… …. . 25-26
25 Sharing Requirements ......................................................................................................................... 26 Section VI: Monitoring of Subrecipients………………………………….……………………………………………………… ……….. ...

Monitoring Visits………………………………………………………………………………………………………………………… Follow-up Monitoring Report …………………………………………………………………………………… ……………….

9. ESG-CV Shelter Addendum …………………………………………………………………………………………………………… .. 27-29
28 29
30 Appendix of Forms and Documents ........................................................................................................................ 32 ESG Client File Document Check List ……………………………………….………………………………………………………………….….

ESG Application for Assistance and Eligibility Determination Form ………………………….…………………………… ….. …… ESG Program Participation Agreement ……………………………………..……………………………………………………………… ….… Sample Budgeting Worksheet ……………………… ………………………………………………………………………………………… ……....

E
SG Housing Stability Plan ……………………………………………...……………………………………………………………………… … ….… ESG Financial Assistance Calculation Form ……………………………………..………………………………………………………………...

Rent Reasonableness and FMR Certification ………………………………………………………………………………………… ………...

Habitability Standards Inspection Form …………………………………………………………………………………………………… …... … Rental Assistance Agreement Letter …………………………………….………………………………………………………………………....

Three Month Reassessment of Eligibility ………………………………………………………………………………………………… ……. ..

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Notification of Termination of ESG Assistance …………………………………..…………………………………………………… ……. … Monitoring of Subrecipients …………………………………………………………………………………………………………………… …….. .

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Introduction
The Emergency Solutions Grant (ESG) is a federal program administered by the US Department of Housing and Urban Development (HUD) and provides funding to eligible entities to address homelessness. The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act) significantly amended the legislation which authorizes the ESG program, updating and adding new requirements for compliance.

The ESG funds are distributed nationally to entitlement jurisdictions based on an approved HUD formula. The City of Berkeley (COB), an entitlement jurisdiction, receives the funding directly from HUD. The COB uses a competitive community agency request for proposal (RFP) process to select local organizations to carry out eligible programs and activities with the ESG funds.

Berkeley’s ESG Policies and Procedures Manual is used to administer and implement eligible programs and activities including: Street Outreach, Emergency Shelter, Rapid Rehousing and Prevention Services. This manual includes the Priority Home Partnership Manual adopted by the County in 2014.

The City of Berkeley allocates the majority of its ESG funds to nonprofit agencies, known as “subrecipients”, to carry out eligible activities.

This manual provides the policies and procedures to comply with federal requirements and locally established implementation policies which the COB has adopted to meet its responsibilities as a recipient of funding. Questions regarding any content of this manual should be directed to Kristen Lee in the Housing and Community Services Division of the City of Berkeley’s Health, Housing and Community Services Department.

Interim Guidelines
The ESG Program requires that the Continuum of Care (CoC) develop and implement a centralized or coordinated assessment system, and a set of written standards for CoC and ESG funded activities. Once coordinated assessment is established, each ESG-funded program or project must use the assessment system, and recipients and subrecipients must work with the CoC to ensure that screening, assessment and referral of program participants are consistent with the written standards required for the ESG programs. Recipients should have prioritization policies in place that outline the process by which the agency will prioritize the most in need of services through its Coordinated Entry System (CES) process
A complete version of the ESG Interim Regulations can be found here:
https://files.hudexchange.info/resources/documents/24CFRPart91_11.21.11.pdf

Structure of the Manual
This manual is for ESG recipients, subrecipients, and interested parties. It provides detailed descriptions of eligible activities and costs, reporting requirements and steps that will be taken to determine eligibility, calculate financial assistance, recertify for eligibility, provide support and terminate ESG assistance for homeless prevention, street outreach, emergency shelter, rapid rehousing and prevention. Required and/or recommended forms and documents are provided in an Appendix of Forms and Documents at the end of the manual.

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3 A document icon appears by every form that is referred to and clicking on the highlighted hyperlinks on the names of the form will take the reader directly to the referenced documents in the Appendix.

Some key forms and information are entered into the county-wide Homeless Management Information System (HMIS). Forms that are provided by HMIS are not included in this manual.

HUD Homelessness Definition
While HUD outlines four categories of eligible beneficiaries, the City of Berkeley targets its ESG funds to support households in Category 1 and 4 below.

Category 1 – Literally Homeless
An individual or family who lacks a fixed, regular, and adequate nighttime residence. This includes
households with a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation (such as a car, park, abandoned building, bus or train station) or who are living in a supervised, publicly or privately operated shelter designed to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs). An individual who is exiting an institution where s/he resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution also qualifies.

Category 4 – Fleeing/attempting to flee domestic violence Defined as fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member that has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; has no other residence; and lacks the resources or support networks (e.g. family, friends, faith-based or other social networks) to obtain other permanent housing.

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4 Program Manual

The City of Berkeley funds programs that meet the following objectives: (1) engage homeless individuals and families living on the street; (2) provide emergency shelters for homeless individuals; (3) provide essential services to shelter residents, (4) rapidly rehouse homeless households. Subrecipient contracts include detailed scope of services, which may include the eligible program components, summarized below. For a more detailed description of eligible categories see Section I.

1. Street Outreach
Essential Services necessary to reach out to unsheltered homeless individuals and families, connect them with emergency shelter, housing or critical services, and provide them with urgent, non-facility-based care.

Component services generally consist of engagement, case management, emergency health and mental health services, and transportation. For specific requirements and eligible costs, see 24 CFR 576.101.

2. Emergency Shelter
Essential Services for individuals in emergency shelter. Component services generally consist of case management, and linkages to employment assistance and job training, outpatient health services, legal services, life skills training, mental health services, substance abuse treatment services, and transportation.

Shelter Operations include maintenance, rent, security, fuel, equipment, insurance, utilities, and furnishings. For specific requirements and eligible costs, see 24 CFR 576.102

3. Rapid Re-Housing
Housing relocation and stabilization services and short-term and/or medium-term rental assistance as necessary to help individuals or families living in an emergency shelter or other place described in HUD’s homeless definition found in the appendix of this document, move as quickly as possible into permanent housing and achieve stability in that housing. Component services and assistance generally consist of short-term and medium-term rental assistance, rental arrears, rental application fees, security deposits, advance payment of last month’s rent, utility deposits and payments, moving costs, housing search and placement, housing stability case management, mediation, legal services, and credit repair. For specific requirement and eligible costs, see 24 CFR 576.104, 576.105, and 576.106.

The City of Berkeley also uses ESG to fund the two eligible activities below:

4. Homeless Management Information System (HMIS)
Grant funds may be used for certain Homeless Management Information System (HMIS) and comparable database costs, as specified at 24 CFR 576.107. More fully discussed on Page 25.

5. Administration
Up to 7.5% of recipient’s fiscal year grant can be used for administrative activities, such as general management, oversight, coordination, and reporting on the program. For specific

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5 requirements and eligible costs, see 24 CFR576.108. More fully discussed on Page 25-26.

Section I. Eligible Activities

Street Outreach CFR576.101
Providing essential services necessary to reach out to unsheltered homeless people, connect them with emergency shelter, housing, or critical services, and provide urgent, non-facility-based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing or an appropriate health facility.

1. Elig
ible Uses and
Costs: As evidenced and tracked by agency quarterly program reports, statements of expense, and general ledgers.

A. Engagement
Activities to locate, identify, and build relationships with unsheltered homeless people and engage them for the purpose of providing immediate support, intervention, and connects with homeless assistance programs and/or mainstream social services and housing programs • Initial assessment of needs and eligibility
• Providing crisis counseling
• Addressing urgent physical needs
• Meals, blankets, clothes, toiletries
• Actively connecting and providing information and referrals to programs targeted to homeless people and mainstream social services and housing programs. • Emergency shelter, transitional housing community-based services, permanent supportive housing, and rapid re-housing programs.

B. Case Management
Assessing housing and service needs, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participant. • Using the centralized or coordinated assessment system • Conducting initial evaluation
• Verifying and documenting eligibility, counseling, developing, securing and coordinating services, obtaining Federal, State, and local benefits, monitoring and evaluating program participants progress, providing information and referrals to other providers, and developing an individualized housing and service plan, including planning a path to permanent housing ability
C. Emergency Health Services
• Direct outpatient treatment of medical conditions that are provided by licensed medical professionals operating in community-based settings, including streets, parks and other places where unsheltered homeless people are living.
• Assessing a program participant's health problems and developing a treatment plan • Assisting program participants to understand their health needs

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6 • Providing medication and follow-up services
• Funds may be used only for these services to the extent that other appropriate health services are inaccessible or unavailable within the area • Must be of an emergency nature

D. Emergency Mental Health Services
Outpatient treatment by licensed professionals of mental health conditions operating in community-based settings, including streets, parks, and other places where unsheltered people are living.
• Application of therapeutic processes to personal, family, situational, or occupational problems in order to bring about positive resolution of the problem or improved individual or family functioning or circumstances
• Crisis interventions
• Prescription of psychotropic medications
• Explanation about the use and management of medications • Combinations of therapeutic approaches to address multiple problems • Funds may be used only for these services to the extent that other appropriate mental health services are inaccessible or unavailable within the community • Must be of an emergency nature

E. Transportation
Costs of travel by outreach workers, social workers, medical professionals, or other service providers are eligible, provided that, this travel takes place during the provision of service eligible under Street Outreach
• Costs of transporting unsheltered people to emergency shelters or other service facilities • Cost of program participant's travel on public transportation • Mileage allowance for service workers to visit program participants, using their own vehicle • Travel costs of staff to accompany or assist program participants to use public transportation
• May only be provided to and from another eligible service

F. Services for Special Populations
• Provide services f or homeless youth, victim services, and services for people living with HIV/AIDS, so long as the costs of providing these services are eligible under Street Outreach as per paragraphs (a)1) through (a)(5) of 24CFR76.101.

2. Eligible Beneficiaries for Street Outreach
Provided to individuals or families defined as Homeless under the following categories:
• Category 1 – Literally Homeless is defined as an individual or family who lacks a fixed, regular, and adequate nighttime residence. This includes households with a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation (such as a car, park, abandoned building, bus or train

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7 station) or who are living in a supervised, publicly or privately operated shelter designed to provide temporary living arrangements (including congregate shelters, transitional housing, hotels and motels paid for by charitable organizations or by federal, state, or local government programs). An individual who is exiting an institution where s/he resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution also qualifies. • Category 4 – Fleeing/Attempting to Flee DV is defined as fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life- threatening conditions that relate to violence against the individual or a family member that has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; has no other residence; and lacks the resources or support networks (e.g. family, friends, faith- based or other social networks) to obtain other permanent housing. • Must be living on the streets or other places not meant for human habitation and be unwilling or unable to access services in emergency shelter.

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8 Section II. Emergency Shelter CFR576.102
Providing essential services to homeless families and individuals in emergency shelters and operating emergency shelters, While HUD authorizes additional essential services, the City of Berkeley primarily funds the below activities:

1. Eligible Beneficiaries: Emergency Shelter can be provided to individuals or families defined as Homeless under the following categories:

Category 1 - Literally Homeless
Category 4 - Fleeing/Attempting to Flee DV

Referral System: The North County Coordinate Entry System Housing Resource Center (HRC) operator will refer households who meet the above criteria to available shelter beds. The HRC will ask the household a series of questions that will: 1) confirm housing status falls within Category 1 or 4; 2) determine need for follow-up assessment and linkage to other available resources, i.e. Rapid Rehousing, Permanent Supportive Housing, etc. and 3) interest in a shelter referral. These referrals will be made primarily through street outreach teams but may also be made through the North County HRC. All shelters in Berkeley adhere to the Alameda County
Shelter Standards, which outline policies and procedures for admission and discharge. As of 2017, emergency shelters in Berkeley have removed length of stay requirements.

Care Coordination: Shelter operators will attend two North County CES case conferences a month to discuss needs and coordinate services for participants staying in the shelter. Eligible participants will have access to rapid rehousing funds and services to assist them in existing to permanent housing as quickly as possible.

HMIS Documentation: All Emergency Shelter projects shall record, within three days of the event:
• HMIS project enrollments for each client entering the program • HMIS project exit with exit destination for each client exiting the program. • HMIS annual assessments as necessary for clients enrolled one year or longer. • No later than 30 days after the end of each fiscal quarter, the agency shall upload a HUD APR report to City Data Services.
• No later than 30 days after the end of each fiscal quarter, the agency shall upload a Housing Census (Program Based) report to City Data Services, covering each day of the reporting period.
• By January 31st, the agency shall complete the Client Summary in City Data Services for period July 1 - December 31.
• By July 31st, the agency shall complete the Client Summary in City Data Services for period January 1 - June 30

2. Eligible Uses and Costs: As evidenced and tracked by agency quarterly program reports, statements of expense, and general ledgers.

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9 a. Case Management
• The cost of assessing, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participant • Using the centralized or coordinated assessment system • Conducting the initial evaluation, including verifying and documenting eligibility • Counseling
• Developing, securing, and coordinating services and obtaining federal, state and local benefits
• Monitoring and evaluating program participant progress • Providing information and referrals to other providers • Providing ongoing risk assessment and safety planning with victims of domestic violence, dating violence, sexual assault, and stalking
• Developing an individualized housing and service plan, including planning a path to permanent housing stability
• Referrals and linkages to child care, education services, substance use and legal services

b. Employment Assistance and Job Training
• Classroom, online, and/or computer instruction
• On-the-job instruction
• Services that assist individuals in securing employment, acquiring learning skills, and/or increasing earning potential
• Learning skills that can be used to secure and retain a job, including the acquisition of vocational licenses and/or certificates
• Employment screening, assessment, or testing
• Structured job skills and job-seeking skills
• Special training and tutoring, including literacy training and prevocational trainings • Books and instructional material
• Counseling or job coaching
• Referral to community resources

c. Outpatient Health Services
• Direct outpatient treatment of medical conditions and are provided by licensed medical professionals
• Assessing a pr ogram participant's health problems and developing a treatment plan • Assisting program participants to understand their health needs • Providing directly or assisting program participants to obtain appropriate emergency medical treatment, preventive medical care, and health maintenance services, including emergency medical services
• Providing medication and follow-up services
• Preventive and non-cosmetic dental care

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10 • Funds may be used only for these services to the extent that other appropriate health services are unavailable within the area
d. Life Skills Training
• Costs of teaching critical life management skills that may never have been learned or have been lost during the course of physical or mental illness, domestic violence, substance use, and homelessness
• Must be necessary to assist the program participant to function independently in the community
o Budget resources, management money, managing a household, resolving conflict, shopping for food and needed items, improving nutrition, using public transportation, and parenting

e. Mental Health Services
• Outpatient treatment by licensed professionals of mental health conditions • Application of therapeutic processes to personal, family, situational, or occupational problems in order to bring about positive resolution of the problem or improved individual or family functioning or circumstances
• Family and marital relationships, parent-child problems, or symptom management • Crisis interventions, individual, family, or group therapy sessions • Prescription of psychotropic medications
• Explanation about the use and management of medications • Combinations of therapeutic approaches to address multiple problems • Funds may be used only for these services to the extent that other appropriate mental health services are inaccessible or unavailable within the community

3. Eligible Costs
a. Transportation
• Costs of a program participant's travel to and from· medical care, employment, child care, medical care, employment, child care, or other eligible essential services facilities
• Cost of a program participant's travel on public transportation • Mileage allowance for services workers to visit program participants, while utilizing their own vehicles
• Travel costs of staff to accompany or assist program participants to use public transportation
b. Operations
• Maintenance
• Rent
• Security

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11 • Fuel
• Equipment
• Insurance
• Utilities
• Food
• Furnishings
• Supplies necessary for shelter operation
• Hotel/Motel vouchers

c. Maintenance
• Cost of minor or routine repairs to shelter building
• Cleaning
• Minor or routine repairs of furnishings, equipment, and fixtures • Protective or preventative measure to keep a building, its systems, and its grounds in working order
• Professional services for:
• Heating/cooling system
• Plumbing
• Electrical
• Pest Control
• Lawn Care
• Snow Removal
d. Rent
• Cost of rent payment for the use of building to provide emergency shelter

e. Security
• Cost of equipment in order to secure shelter building • Security System
• Locks
• Safety equipment

f. Fuel
• Cost of fuel for use of shelter vehicle to transfer shelter residents in order to provide services and connect with community resources

g. Insurance
• Cost of property insurance for shelter building

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12 h. Utilities
• Cost of providing utilities for shelter building
• Electricity
• Gas
• Water
• Landline telephone service

i. Food
• Cost of providing food to shelter residents
j. Furnishings
• Cost of furnishings for shelter building
• Beds
• Tables
• Chairs
• Other reasonable furniture to provide comfortable accommodations to shelter residents

k. Equipment
• Cost of reasonable equipment to allow for activities of shelter to continue functioning • Equipment to allow for the following activities to function:
• Food preparation/distribution
• Cleaning/Sanitation
• Laundry
l. Supplies
• Cost of supplies necessary for the operation of the emergency shelter • Paper products
• Kitchen supplies
• Bathroom supplies

4. Client Documentation (Emergency Shelter)
A. Forms
• Agency is able to create own forms as long as the documentation requirement is met

B. Client Documentation: Intake/Eligibility Documentation • Documentation of initial evaluation to determine the eligibility of each individual or family's eligibility for ESG program
• Documentation of homeless status
• ESG-213, 214, 215 forms
• Required form

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13 • HMIS Consent Form
• Required form
C. Case Management Documentation
• Documentation of case management services
• Documentation of housing plan for stability in permanent housing • Documentation of connecting participants to mainstream and other resources for supportive services

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14 Section III. Homeless Prevention and Rapid Rehousing

A. Participant Eligibility

To be eligible to receive ESG prevention or rapid rehousing assistance, participant households in Alameda County must meet both national and local requirements, and this eligibility must be documented with an application and supporting documentation kept in a client file. These requirements include:
• Participants must be homeless or at imminent risk of homelessness, per the applicable HUD definitions in the ESG regulation (§576.2) supported by documentation; • Participants must be one of the locally targeted populations for the program, as specified on the application and eligibility determination form;
• Participants must be willing to participate in the program and to meet the terms of a self- developed Housing Stability Plan;
• Participants may not have already received 24 months of ESG assistance during the past 36 months (§576.105(c));
• Participants must meet the local asset policy, including having cash or equivalent assets of less than $2,000 per single individual and $3,000 per couple; • Participants receiving prevention assistance must have incomes at or below 30% of the Area Median Income (§576.103).

B. Eligibility for Rapid Rehousing

Rapid rehousing provides financial assistance and supportive services to individuals or families that are literally homeless, staying in shelter or transitional housing or on the streets or other places not suitable for human habitation, or exiting institutions and having entered from one of these locations. Eligibility for rapid rehousing includes those fleeing domestic violence who are living in one of the places named above.

In keeping with the intentions of the program, rapid rehousing assistance will be used primarily to serve households that are:

1. Adults or family households able to be rehoused rapidly without anticipation of an ongoing subsidy, with ESG financial assistance anticipated to be of six months or less duration;

2. Adults or family households able to be rehoused rapidly with an ongoing subsidy from another source anticipated within six months of ESG program participation

3. Transition-age youth, especially those recently discharged from foster care, who are able to be rehoused rapidly without anticipation of an ongoing subsidy, with ESG assistance of eighteen months or less duration.

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15 C. Eligibility for Prevention Assistance
Prevention assistance will be directed to persons who are not literally homeless but are at imminent risk of homelessness per the HUD Homeless definition (Category 2). Prevention assistance may include support to a household to retain its current housing or to move to other housing without having to become literally homeless. While the ESG regulations allow for ESG prevention to be provided to those categorized as “at-risk” but not necessarily at “imminent risk”, Alameda County ESG programs will target prevention services specifically to those that are at “immediate risk” defined as:
• An individual or family who will imminently lose their primary nighttime residence, provided that:
• the primary nighttime residences will be lost within 14 days of the day of application for homeless assistance;
• no subsequent residence has been identified; and,
• the individual or family lacks the resources of support networks, e.g., family, friends, faith- based or other social networks, needed to obtain other permanent housing.

Within the category of “imminent risk” special attention and outreach will be done to target those households that are:
• doubled up with family and friends, must move within 14 days and are seeking to enter shelter;
• living in a hotel or motel using their own resources, must leave within 14 days, and are seeking to enter shelter;
• living in their own housing, are being evicted for non-payment of rent, must leave within 14 days, and are seeking shelter;
• fleeing domestic violence;
• imminently leaving foster care, or have recently left foster care and are at imminent risk of losing their current housing.

D. Eligibility Determination
Program operators must determine that potential participants are eligible for assistance, and document this eligibility, including verifying income and housing status. The Program Application and Eligibility Determination Form contains key questions and documentation requirements.

A copy of the ESG Program Application and Eligibility Determination Form can be found in the Appendix. This document and all supporting documentation should be placed in the Participant’s File.

A cover sheet for participant files with a list of program documents can be found here.

Ineligible applicants: If a household is assessed and determined to be ineligible, the program operator must notify the household that they have been determined to be ineligible, provide them with appropriate referrals which should be noted on the application form, and create a client file documenting the assessment process and determination.

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16 E. Enrollment
Once found eligible, to enroll the head of household must sign the ESG Participation Agreement complete the HMIS ROI and staff must complete an HMIS Standard Intake Form (SIF) for all household members.

A copy of the ESG Program Participation Agreement can be found in the appendix, immediately following the Application form.

The HMIS Release of Information (ROI), and the Standardized Intake Form (SIF) are developed and updated by the staff at Alameda County Housing and Community Development Department, in accordance with HUD regulations. Housing Agency staff must ensure that the forms in use are the most recent ones, as HUD and local requirements change periodically. If you are unsure that the forms are the most recent, email [email protected].

F. Budget and Housing Stability Plan
The purpose of ESG Prevention and/or Rapid Rehousing assistance is to provide the support necessary to help the household retain or gain housing in the shortest period of time possible.

Critical to being able to retain the housing is a budget and a housing plan. The budget is also needed to determine the amount of financial assistance to be provided.

The Housing Stability Plan should be updated as frequently as necessary to reflect changing situations. Once a participant has moved into housing, the housing specialist and participant should prepare a new Housing Stability Plan that emphasizes those steps or actions needed to retain housing.

A Sample Budgeting Worksheet and a sample Housing Stability Plan format can be found in the Appendix of Forms. ESG-funded programs may use another version of these forms if approved by the recipient. Be sure to make a copy of the Budget and Housing Plan for the participant and insert a signed copy in the participant’s file.

G. Financial Assistance for Housing
· Eligible Financial Assistance Expenses
The ESG program has the ability to provide temporary financial assistance to participants on a short or medium-term basis. This assistance may include:
• Security Deposits: The housing agency may provide a maximum of two times the monthly rent for a unit as a security deposit to assist a participant to secure housing. At such time as the participant may leave the unit and the landlord return all or part of the deposit to the participant, the participant may retain any balance to use toward a new housing situation.
• Utility Deposits: If, in order to begin utility service, the household must provide a deposit to a utility company, the program may assist with this deposit.

H. Rental Assistance payments: If the participant cannot currently afford to rent a unit in the community but is reasonably anticipated to have sufficient income, either through employment or benefits, within approximately six months the program may provide a rental subsidy for the participant. Such subsidies will be as low as possible:
• If the participant has an income he/she is expected to contribute at least 50% of his/her

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17 income toward the rent, unless the participant is expected to receive a permanent housing subsidy within approximately six months, in which case the participant may pay only 30% of their income. Documentation of the expectation of a permanent subsidy should be included in the file.
• If the participant has no income, the program may subsidize the entire rent for the first three months.
• Rental assistance may be conditioned on the participant fulfilling his or her agreements as part of the Housing Stability Plan and is never offered for more than three months at a time. To continue rental assistance after three months, the program must recertify the participant.

See Section 6: Three Month Reassessment of Eligibility
• Past due rent arrears: If in order for a household to retain their housing they must pay past due rent the program will cover up to three months of rent arrears not to exceed $3,000
• Past due utility arrears: In rare cases, the ESG program will provide funding for past due utilities. The program will only provide such funding for prevention clients if failure to do so will result in the loss of utilities and under the terms of the participants lease this would be grounds for eviction. The program will only provide utility arrears assistance to rapid rehousing clients if utility arrears mean that then household will be unable to establish utility service in their new housing. • In addition, ESG funds may be used to cover the costs of rental applications provided this is a fee that is charged by the owner to all applicants.

I. Determining the Amount of Financial Assistance
• The amount of financial assistance is determined by the amount needed to secure the housing and by the amount of contribution the household is able to make toward the housing costs.
• For one-time costs, such as security deposits, and rent and utility arrears, the program will pay the entire amount if the household will have less than 50% of income available after paying rent, the household’s budget does not contain any disposable income, and the household assets are less than
• $500.00. If the household has assets greater than $500, and/or the household budget indicates income is available to make a portion of the payment, the household should be required to provide a portion of the deposit and/or arrears. The household’s payment may be made through a payment plan with the landlord or utility company if that is possible.
• With supervisor approval, households may be permitted to contribute less toward the rent for a brief period to cover other extraordinary costs. The program may pay the entire rent on behalf of households that have no income.

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18 The ESG Financial Assistance Calculation Form can be found in the appendix. The program should complete the form with the participant and the participant should sign it. This calculation needs to be prepared every three months for households receiving medium-term rental assistance.

All financial assistance provided must be recorded in HMIS.

J. Supportive Services and Connection to Mainstream Resources • Whether covered by ESG funds or other sources, ESG programs are expected to assist clients with housing stability case management and with housing search and placement services as needed.
• Housing stability case management includes:
• Conducting the official evaluation of eligibility and need, including verifying and documenting eligibility
• counseling
• developing, securing, and coordinating services and assistance in obtaining Federal, state and local benefits
• monitoring and evaluating participant progress;
• providing information and referral to other providers; • developing an individualized housing plan to permanent housing stability; and • conducting reevaluations.

These services may not exceed 30 days during the period the program participant is seeking permanent housing, and may be provided for up to a total of 24 month within a 36-month period. • While providing prevention or rapid rehousing financial assistance, the program must ensure that the participant meets with a case manager not less than once per month to assist the participant in ensuring long- term housing stability. Case management should be provided more frequently if needed.
• Housing search assistance are those services intended to assist program participants in locating, obtaining, and retaining suitable permanent housing, and are expected to be offered to all participants receiving rapid rehousing assistance or prevention assistance that includes moving to another unit. These include:
o assessment of housing barriers, needs, and preferences; o development of a plan for locating housing;
o housing search;
o outreach and negotiations with landlords; and
o assistance with submitting rental applications and understanding leases.

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19 K. Links to Mainstream Services
As part of the stability case management, each participant is expected to be assisted, as needed to obtain other services and mainstream benefits including:
• appropriate supportive services including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living, and • other federal, state, local, and private assistance available to assist the program participant in obtaining housing stability, including
• Medi-Cal or other medical insurance
• TANF
• Food Stamps/Supplemental nutrition assistance (SNAPS) • WIC
• Unemployment insurance
• SSI/SDI
• Child and adult care food program
• Other mainstream programs from which the household could benefit

While no specific form is provided for this documentation, all case management meetings must be documented in the participant file, and/or in the HMIS case management module. Documentation should include evidence of assistance provided to obtain mainstream resources and the results of that assistance. Subrecipients are encouraged to check with the recipient for approval of documentation.

L. Legal Services
· ESG funds may be used for legal services that are necessary to resolve a legal problem that prohibits the program participant from obtaining permanent housing or will likely result in the program participant losing the permanent housing in which the program participant currently resides. More detail on eligible legal services activities can be found at (§576.102 (a)(1)(vi) and (§576.105(b)(4).
· While legal services providers that do not provide financial assistance are not required to complete the financial assistance calculation form, they must ensure that all households assisted meet program eligibility (Section 1 above) including completing the application for assistance to document participant eligibility, and must ensure that the units assisted meet the habitability standards in Section 5 below.

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20 M. Housing Unit Requirements

In addition to the household being eligible, the unit to be assisted must also meet eligibility requirements. These include that the rent is both reasonable and at or below the Fair Market Rent market rent, and that the unit meets habitability standards.

Rent Reasonableness and Compliance with Fair Market Rent • ESG programs must perform both a rent reasonableness determination and document that the rent falls at or below the Fair Market Rent on every unit assisted, whether for prevention or rehousing.
• “Rent reasonableness” means that the total rent charged for a unit must be reasonable in relation to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by the owner during the same time period for comparable non-luxury unassisted units. • To make this determination, the recipient or subrecipients should consider:
o the location, quality, size, type, and age of the unit; and o any amenities, housing services, maintenance and utilities to be provided by the owner. o Comparable rents can be checked by using a market study, by reviewing comparable units advertised for rent, or with a note from the property owner verifying the comparability of charged rents to other units owned (for example, the landlord would document the rents paid in other units). NOTE that not every element in the suggested list of nine things to check for must be known to establish a comparable unit. See more guidance at http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_11753.pdf

• The Fair Market Rent (FMR) is a benchmark established by HUD for regions. For ESG, the FMR is the maximum rent permitted even if other similar units rent for more.

Final FY 2020 FMRs By Unit Bedrooms
Efficiency One-
Bedroom
Two-Bedroom Three-
Bedroom
Four-Bedroom
$1,545 $1,875 $2,335 $3,215 $3,945

Source: http://www.huduser.org/portal/datasets/fmr.html

The above chart displays the Fair Market Rents applicable during FY2020. Fair Market Rents are updated and published by HUD every year. Programs must ensure that they are using the FMR’s in effect at the time of their determination.

A copy of a Rent Reasonableness and FMR Certification form can be found in the forms appendix. Subrecipients may use an alternative rent reasonableness determination form meets the requirements of the ESG regulations §576.106 and has been approved by the ESG recipient.

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21 N. Housing Inspection

In order to ensure that ESG funds are used in housing that meets minimum habitability standards, an inspection must be performed on every unit assisted, whether for prevention or rehousing. This inspection includes compliance with the Lead Paint Poisoning Prevention Act.

A copy of a suggested Habitability Standards Inspection Form can be found in the forms appendix. Subrecipients may use an alternative inspection form as long as it covers all of topic areas required under ESG regulations §576.403 and has been approved by the ESG recipient.

O. Rental Assistance Agreement
· Relationships with landlords are a central component of the program. The housing specialist assists both the participant and the landlord to make the housing successful. · Once a unit has been identified and inspected, the housing agency must ensure that:
· The tenant receives a written lease or rental agreement from the landlord which clearly outlines the terms of tenancy and conforms with applicable California and local law; and a) The landlord is apprised of the nature of the program, the anticipated support to the participant, the obligations of the landlord, and the manner in which the landlord may contact the program if there are concerns.
· At a minimum, the housing agency will provide the landlord with a copy of the Rental Assistance Agreement Letter describing the program and outlining the basic support the participant is anticipated to receive. The landlord must sign the letter and return it to the agency. Some agencies may prefer to use a contract or housing assistance payments (HAP) agreement that outlines in greater detail the rights and obligations of the parties. Use of such an agreement is fine if it covers all requirements in the ESG regulations §576.106 and has been approved in advance by the ESG recipient.

In order to determine that the landlord named on the lease is the legitimate owner of the property, the housing agency will use a database service, such as Realquest, or another manner to verify and document the ownership. In addition, the housing agency shall collect a W-9 from the landlord or property management agency and follow all IRS reporting requirements.

A copy of the Rental Assistance Agreement Letter is included in the appendix. A copy of this letter or an acceptable substitute agreement should be kept in the participant’s file, along with a copy of the tenant’s lease and printout from the database used to verify the ownership of the unit and a copy of the W-9. The original W-9 must be given to the housing agency’s finance division.

P. Three Month Reassessment of Eligibility
Any participant who receives more than three months of assistance from the program needs to be formally reassessed. This is distinguished from the more frequent check-ins and meetings with the

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22 client, which should occur frequently and as needed, and are recorded in case notes.

Dur
ing the reassessment process, the program is, at a minimum, confirming:
· The participant has not received more than 24 months of assistance, including any arrears coverage.
· The participant’s income level is such that there is still a need to provide financial assistance in order to maintain housing stability, and income is not greater than 30%of the Area Median Income (AMI)
· The participant is making documented progress on their housing plan and taking the steps needed towards housing stability without program financial assistance. · The participant lacks the financial resources or support networks to secure their housing without continued assistance.

The three-month reassessment is also used to update the participant’s HMIS record with current information about housing and income.

Once the three-month reassessment of eligibility is completed, the household should be notified whether they will continue to receive assistance or not, including signing the reassessment form. If continuing to receive assistance, new documents, including an updated housing stability plan, budget and financial assistance calculation should be prepared and discussed with the client.

A copy of the Three Month Reassessment of Eligibility is included in the appendix. The Reassessment requires updated documentation of income, which should be attached to the form and included in the file.

Key pieces of information from the Three-Month Reassessment Form, including any change in income or address is to be entered into HMIS. (In the future, the Three-Month Reassessment may be an HMIS provided form.)

Q. Termination of Housing Assistance or Program Participation · Housing assistance under this program is intended to be temporary and to help participants secure housing that they can remain in without long-term financial support. Any housing assistance is contingent on the participant’s active participation in carrying out the terms of his/her Housing Stability Plan. Failure to take steps agreed to in the plan, such as seeking work, applying for benefits, looking for housing or accepting housing that meets the participant’s criteria are a reasonable basis for recommending termination of financial assistance.

R. Termination of Housing Assistance or Program Participation · Housing assistance under this program is intended to be temporary and to help participants secure housing that they can remain in without long-term financial support. Any housing assistance is contingent on the participant’s active participation in carrying out the terms of

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23 his/her Housing Stability Plan. Failure to take steps agreed to in the plan, such as seeking work, applying for benefits, looking for housing or accepting housing that meets the participant’s criteria are a reasonable basis for recommending termination of financial assistance.
· If a program participant is found to be violating the participation agreement, reasonable efforts will be made and documented by staff to assist the participant to address the issue or correct the violation prior to terminating services. Violations that endanger staff, any other participant, any other person, or the viability of the program as a whole will be acted upon immediately.
· If a participant is determined to be in continued or grave violation of the program rules, a written Notice of Termination of Assistance will be provided to the program participant containing a clear statement of the reasons for termination, the date on which the termination will become effective, and the process for appealing the decision. · Participants receiving a Notice may request that the decision to terminate participation be reviewed by making a request to the designated supervisor within the agency. This request must be made in writing and must be reviewed the request within 14 calendar days. A written notice of the final decision will be issued to the participant. · The program may also resume assistance to a program participant whose assistance was previously terminated with the approval of the Program Manager.

A sample Notification of Termination of ESG Assistance is provided in the Appendix of Forms.

Subrecipients may use an alternative Termination form as long as it covers all of topic areas required under ESG regulations §576.402 and has been approved by the ESG recipient.

S. Grievances and Appeals
ESG subrecipients must notify participants of the agency’s grievance policy at the time of program enrollment, including providing them with a written copy of the policy and keeping a copy of a signed version of the policy or other notification in the participant file. Housing agencies will follow their agency grievance and appeals process, through to the level of the highest ranking staff member of the agency or as may be otherwise specified in the agency’s approved policy and procedures.

If there is a grievance specific to the ESG that has not been resolved through the agency grievance process, ESG program participants may appeal to the local recipient. Recipients will follow their appeal process.

T. Program Exit
Upon completion or termination of the program, all members of the household should be exited in HMIS. Information including household income, final address and housing status should be recorded and updated.

The Exit Form is an HMIS-provided form. A printed copy of the form(s) should be kept in the participants file and all data entered into HMIS.

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24 Section IV. Housing Management Information System (HMIS) CFR 576.107 ESG-Program-HMIS-Manual.pdf
ESG funds may be used to pay for the costs of participating in and contributing to the Homeless Management Information Systems (HMIS) designated by the Continuum of Care for the area.

1. Eligible Costs
a. The recipient or subrecipient may use ESG funds to pay the costs of contributing data to the HMIS designated by the Continuum of Care for the area, including the costs of:
• Purchasing or leasing computer hardware, purchasing software or software licenses, purchasing or leasing equipment, including telephones, fax machines, and furniture • Obtaining technical support
• Leasing office space, charges for electricity, gas, water, phone service, and high speed data transmission necessary to operate or contribute data to HMIS • Paying salaries for operating HMIS that can include data entry, monitoring and reviewing data quality, data analysis, training staff on using HMIS or comparable data base, implementing and complying with HMIS requirements, paying for staff to attend HUD-sponsored and HUD- approved training on HMIS and programs authorized by Title IV of the McKinney-Vento Homeless Assistance Act; paying staff travel costs to conduct intake, paying participation fees charged by the HMIS Lead, if the recipient or subrecipient is not the HMIS Lead. (The HMIS Lead • is the entity designated by the Continuum of Care to operate the area HMIS • If the subrecipient is a victim services provider or a legal services provider, it may use ESG funds to establish and operate a comparable database that collects client- level data over time and generates unduplicated aggregate reports based on the data. Note: information entered into a comparable database must not be entered directly into or provided to an HMIS.
• Activities funded under this section must comply with HUD’s standards on participation, data collection, and reporting under a local HMIS

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Section V. Administration
CFR 576.108
a. Eligible Costs
• The recipient may use up to 7.5 percent of its ESG grant for the payment of administrative costs related to the planning and execution of ESG activities. This does not include staff and overhead costs directly related to carrying out activities eligible under 576.101 through 576.107, because those costs are eligible as part of those activities.

Eligible administrative costs include:
o General Management, oversight and coordination and can include salaries, wages, and related costs of the recipient’s staff, the staff of subrecipients, or other staff engaged in program administration. In charging these costs to this category, the recipient may either include the entire salary, wages, and related costs allocable to the program of each person whose primary responsibilities with regard to the program involve program administration assignments, or the pro rata share of the salary, wages, and related costs of each person whose job includes any program administration assignments. The recipient may use only one of these methods for each fiscal year grant. Program administration assignments include the following:
program budgets, schedules and amendments; developing systems for assuring compliance, developing interagency agreements and agreements with subrecipients; monitoring; reporting and preparing other documentation directly related to the ESG program for submission to HUD; coordinating resolution of audit and monitoring findings; evaluating program results; managing and supervising persons whose primary responsibilities with regard to the program as those described in (a)(1)(i)(A) through (G) of this section; travel costs incurred for monitoring; administrative services performed under third-party contracts or agreements, including general legal services, accounting services, and audit services; other costs for goods and services required for administration of the program, including rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space.
o Training on ESG requirements. Costs of providing training on ESG requirements and attending HUD-sponsored ESG training.
o Consolidated plan. Costs of preparing and amending the ESG and homelessness-related sections of the consolidated plan in accordance with ESG requirements and 24 CFR part 91.
o Environmental Review. Costs of carrying out the environmental review responsibilities under 576.407

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26 b. Sharing Requirements
If recipient is a State, the recipient must share its funds for administrative costs with its subrecipients that are units of general purpose local government. The amount shared must be reasonable under the circumstances. The recipient may share its funds for administrative costs with its subrecipients that are private nonprofit organizations. If the recipient is a territory, metropolitan city, or urban county, the recipient may share its funds for administrative costs with its subrecipients.

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27 Section VI. City of Berkeley Monitoring of Subrecipients

The City of Berkeley require Sub-recipients to submit the below program and fiscal reports on a quarterly basis in the City of Berkeley’s online contracting system:
• Program Report with client demographics
• Homeless Management Information Systems Program Report with outcomes • Annual Status Report for CDBG/ESG/HOME funded projects only • Advance Payment Request Form
• Statement of Expense
At the end of the fiscal year subrecipients must submit a year-end general ledger and profit and loss statement that supports the year-end statement of expense report. On a biennial basis, the City conducts a full monitoring of the program that includes a review of the agency’s administrative, program, and financial practices and records. The monitoring is performed using the below City of Berkeley and HUD monitoring tools.

See Part III in Appendix for program monitoring forms:

1. City of Berkeley Administrative Review

2. City of Berkeley Program Review

3. City of Berkeley Financial Review

4. HUD Chapter 28-3 Guide for Review of ESG Sub recipient Grant Management

5. HUD Chapter 28-6 Guide for Review of ESG Rapid Rehousing and Homeless Prevention

6. HUD Chapter 28-8 Guide for Review of ESG Financial Management and Cost Allowability

Below is the City’s monitoring protocol and timeline:

1. Identify time period to monitor. Recommend 4th quarter. Ensure you have the Program Report, Statement of Expense and GL before the planned monitoring visit. Monitors will email the Community Agency to schedule the monitoring visit and entrance conference and prepare Monitoring Guides in CDS and provide to Agency in preparation of the monitoring visit. CDS will send the Agency a standardized message about the upcoming monitoring visit as well.

2. In addition to City developed monitoring guides, the monitor will include Federal monitoring guides when reviewing federally funded agencies. For Emergency Solutions Grant (ESG) and Community Development Block Grant (CDBG) funded agencies, the monitor will provide appropriate CDBG and ESG monitoring guides found in Chapters 3 and 28 in the Community Planning Monitoring Handbook 6509.2 located here:
https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/hand

books/cpd/6509.2

3. Monitors should give at least several weeks’ notice and negotiate a time that is mutually convenient, describe the information to be reviewed, provide Community Agency staff with a copy of the Monitoring Guides, indicate expected duration of the monitoring, agency staff needed for interviewing, and space required.

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28 4. The entrance conference will provide an overview of the purpose, scope and schedule of document review to the Community Agency Contract Representative and staff that will be involved. This may be three separate meetings to cover the three areas:

Administration, Financial and Program.

5. Attend monitoring visits and complete the monitoring guides. a. Collect required documents
b. Review three budget line items from each program’s Statement of Expense: salaries and two other expense line items that are material or appear to need verification.

1. Salaries: Review Timesheets, Contract Exhibit B salaries, against payroll register - which would have the name/s and salaries, paid to the staff identified as working in the program. Timesheets should:
ii. Show # of hours worked on COB contract activities.
iii. Support number of hours worked and agree with the payroll register. iv. Verify Agency is paying COB minimum wage and/or living wage if applicable.
v. Verify if Agency is paying fringe benefit expenses charged to the program are supported by invoices paid to health insurance and worker’s compensation insurance companies.

2. Line Items 2 & 3:
vi. Verify the expenses chosen in No. 2 above against the agency’s ledger of detailed expenses. The ledger format would vary depending on the accounting software the agency is using (most agencies use Quick Books).

The agency’s account name, number, and balance can be found in the general ledger. Expense transaction details of how, when, and to whom payments were paid would show in a separate report. Generally, accounting software can generate a report showing these details sorted by funding source. The monitor must check that the expenses were:

a) Properly authorized and calculated, and
b) Expenses were charged to the proper funding sources. The monitor should note any deviation from these procedures as a concern (when immaterial or not quantifiable) or a finding (when it has material impact in the operations), and
c) Invoices were marked/stamped paid to avoid duplication of payments.

Ideally, the account number used for the charge should be written on the face of the invoice. The monitor should note any deviation from these procedures as a concern (when immaterial or not quantifiable) or a finding (when it has material impact in the operations).

6. Exit Conference: At the Exit Conference, the monitor should:
i. Present tentative conclusions of monitoring;
ii. Provide an opportunity for the agency to correct any misconceptions or misunderstandings on your part Secure additional information from agency staff to clarify or support their position; and
iii. Pr
ovide an opportunity for subrecipient staff to report on any steps they are already taking to correct the matter.

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29 7. Follow-Up Monitoring Report

1. The monitoring report, which is completed in CDS, provides a permanent, written record of the monitoring visit that is kept on file and provides an opportunity for the Community Agency to respond to recommendations, concerns and findings. The Report should recognize work performed well and point out corrections or improvements needed. It should identify all “findings” and “concerns,” and include specific recommendations for
improvements. Findings must be supported by facts in the report.

The letter should include deadlines for providing a written response and for correcting each deficiency identified. The letter is prepared by the Contract Monitor and reviewed and approved by the Contract Supervisor prior to sending to Agency. Monitoring Letter should be sent within 30 days of the visit.

8. Upon receipt of Agency response to monitoring report, the Contract Monitor will review agency answers to determine if the response and additional documentation, if needed and provided, is sufficient to regard the finding and/or concern resolved. The Contract Monitor will prepare a final response to either complete the monitoring or ask for additional information and submit to supervisor for review. The communication will continue until the finding and/or concerns are resolved.

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30 ESG-CV Addendum

The purpose of ESG-CV funds is to prevent, prepare for, and respond to COVID-19 in order to prevent and mitigate the spread of COVID-19 among people experiencing homelessness and the staff that provide services to these individuals. Existing shelters will implement public health protocols identified below, establish a temporary isolation space where participants can stay while waiting to be transported to a County isolation hotel, and distribute personal protective equipment (PPE).

Each ESG-CV funded project will comply with ESG-CV regulations including:
• An established line of communication and a process for preventing duplication of benefits. • Paying for furniture and/or households items and cell phones. • Coordination of housing and services with the COC
• Not requiring participants to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, rental assistance, or other services • Each participant will be assessed through the Coordinated Entry System to determine service needs and will be offered available services
• Following the Lead Safe Housing Rule
• Ensuring participants are eligible for rapid rehousing financial assistance including six month reassessments • Ensuring units covered by rental assistance are eligible

Shelters Operations:

Shelters receiving ESG-CV will provide expanded 24/7 hours of operation, provide three meals per day and will comply with the City's Public Health Officer's directive to:
1) Reduce the shelter census to maintain 6 ’ social distance between beds; 2) Follow the City's COVID Shelter Response Plan;
3) Follow the approved Shelter Residential Snapshot;
4) Maintain staff and participant vaccination rates and tracking weekly test results for unvaccinated staff; and 5)
Follow the below requirements for staff and guests:

1. Maintain 6’ physical distancing, including when sleeping by maintaining bed assignments that alternate between lower and top beds and by having participants sleep head to toe to further distance between each other;

2. Mandatory mask wearing;

3. Enhanced and increased frequency of cleaning and disinfection of facility;

4. Minimum daily symptom checks and recording including every time someone enters the building.

Temporary Shelters
Temporary non-congregate and smaller shelter sites will be designated for people who meet the CDC criteria for being at risk if infected with COVID-19. In an effort to decompress shelters to comply with the 6’ social distancing requirement, first priority will be given to existing shelter participants who meet the CDC criteria, including 65+, specific underlying health conditions and/or medical frailty. Future referrals will also require participants to meet CDC criteria and be closely coordinated with the North County Coordinated Entry System, the City of Berkeley, and street health and outreach teams in Berkeley.

All Shelters:

Shelters funded by ESG-CV may not turn away eligible program participants. Shelters must follow City of Berkeley and Alameda County COVID Response Plans including referrals to Alameda County isolation and quarantine hotels, if a client needs such services. Someone who presents at an ESG-funded shelter with respiratory symptoms (e.g., cough) should be referred to the County’s isolation and quarantine hotels. Shelters will continue to not have

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31 a maximum length of stay. Any ESG-funded shelter that is considering closing or not accepting new residents must immediately notify the City of Berkeley.

PPE, Testing and Vaccines
City of Berkeley will provide PPE and supplies for distribution at shelters and in encampments. Additionally, the City’s Public Health Division will provide access to self-administered rapid and PCR tests and mobile on-site vaccine clinics at shelters and transitional housing sites. ESG-CV funded shelters and outreach programs should encourage (but may not require) people experiencing homelessness to get tested and vaccinated.

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Appendix of Forms and Documents

ESG Client File Document Check List
(click here to return to relevant section of manual)

Last Name: First Name: HMIS ID:

I. Eligibility Documentation (check or indicate date completed in blank to left) Application for Assistance and Eligibility Screening Form Homeless Status/At-Risk Housing Status and Back up Documentation Income Eligibility Determination and Back up Documentation Asset Verification Documentation
Intake on Head of Household (HMIS SIF form)
Intake(s) on other household members (if applicable) (HMIS SIF form) Intake on other adult
Intake on child:

Other:

Intake on other adult
Intake on child:

Current ROI Date:

II. Documentation on the Housing Unit and/or Utilities (check or indicate date completed in blank to left) Documentation of rent or utility arrears (if applicable) Rent Reasonableness and Payment Standard determination for rental unit Habitability Inspection (includes Lead Assessment)
Lease between Participant and Landlord
Rental Assistance Agreement with Landlord
W-9 Form
Other:

RealQuest or other owner verification documentation

III. Documentation of Assistance/Ongoing Services (check or indicate date completed in blank to left) Household Budget
Housing Stability Plan
Financial Assistance Calculation Form
Links to Mainstream Resources
Case Management Notes
Three Month Reassessment(s) (if applicable, insert dates)

1. Exit Form (HMIS form)

2. 3. 4.

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Termination of Housing Assistance Form (if applicable)
Other:

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ESG Application for Assistance and Eligibility Determination Form (click here to return to relevant section of the manual)

Complete this form and have the head of household sign it. This form will determine eligibility and act as an application by the household for assistance.

Assessment Date: / /

Staff: Agency:

A. General Information

1. Head of Household:

First: Middle: Last: Suffix:

Complete ROI for Head of Household or check here if current ROI on file

2. Other Members of Household

First Name Last Name Age Relationship to Head of
Household

Total number of persons in household:

If applicant is determined to be eligible for assistance, you must complete an HMIS Standard Intake Form (SIF) for every household member.

3. Why are you seeking assistance? Please choose an option, then describe below.

 I am living
on the streets,
or a place not
meant for
human
habitation
 I am in a shelter or TH
housing program and have
been referred for rapid re -
housing
 I am applying for
shelter because Must
leave where I am
currently staying
 I want to keep
the housing I have and
am at imminent risk of
losing it

Explanation:

I understand that I am applying for assistance from the federally-funded Emergency Solutions Grant Program. I understand that I am required to certify that all information in this application is true and to provide all required documents to determine eligibility and to enter into a housing stability plan if I am eligible for assistance. I also und erstand that financial assistance is not guaranteed, is time-limited, and may be terminated or adjusted at any time. I declare that all information I have provided in this application is true to the best of my knowledge.

Head of Household Signature: Date:

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B. Rapid Rehousing Assessment (Cross through and skip this section if applicant household is applying for prevention assistance)

Homeless Status Documentation: To receive rapid rehousing assistance, clients must be homeless by the HUD Homeless Definition and eligible for assistance under certain categories. Use this portion of the form if the applicant client househo ld is Literally Homeless (Category 1), or is fleeing/attempting to flee domestic violence (Category 4) and also meets the category of Literally Homeless. Otherwise, complete Section B. of this form for Homeless Prevention.

1. Is household among the eligible target population for this program?  Living/staying in a shelter.
 Living on the streets, a car, an encampment or a place not meant for human habitation.  Living/staying in transitional housing.
 Exiting an institution where s(he) resided for 90 days or less and previously resided in a shelter or the streets or place not mean for human habitation.
 Fleeing or attempting to flee domestic violence and also meets one of the above conditions.

Documentation
Literally Homeless – on the streets or
in a shelter
(in order of preference for documentation)
 Written observation by an outreach worker (attached), or  Written referral by another housing or service provider (attached) HMIS intake for shelter/TH, or
 Self- certification that s(he) was living on the streets or in a shelter (attached) Exiting an institution and entered from
literal homelessness
One of the forms of evidence above and
 Discharge paperwork or written/ or documented oral referral (attached), or  Written report of intake workers due diligence to obtain above evidence and certification by the individual that they exited institution (attached)

Be sure t o attach the sup
porting documentation to the application in file.

2. This household is a candidate for ESG rapid rehousing because:
 They are homeless but have adequate income to afford a place if assisted to obtain one with short-term assistance (deposit and up to one to three month’s rent subsidy).
 They are homeless and don’t currently have adequate income for housing but have potential to increase income to be self-sustainable within approximately 6 months and are willing to commit to a housing stability plan.  They are currently homeless but with assistance can move into a stable situation with friends or family or another situation that doesn’t require an increase in income.
 They are currently homeless and are expected to receive a housing subsidy within six months from another source but need financial assistance to gain housing and/or support services

Subsidy anticipated:
 OPRI VASH Shelter Plus Care Other:

Note: ESG funds may not be used to cover any cost covered by another subsidy source. For rapid rehousing candidates with a subsidy, ESG may only be used to pay security deposit and utility deposits if needed to secure housing.

 Current Subsidy pays for:

 No other subsidy currently
Proceed to Part D: Income Verification Section

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C. Homelessness Prevention (Cross through and skip this section if applicant household is applying for Rapid Rehousing) To receive Prevention assistance, clients may either be homeless under certain categories of the HUD Homeless Definition or At Risk of Homelessness under any category of that definition. Use this portion of the form if the applicant client household is at Imminent Risk of Homelessness (Category 2), fleeing/attempting to flee domestic violence but does not meet the category of Literally Homeless (Category 4) or is At Risk of Homelessness. Households who do not qualify for rapid rehousing or prevention assistance under these definitions are not eligible for ESG assistance under this program.

1. This household is a candidate for prevention assistance because:
 They are currently seeking shelter, and have been staying with family or friends who will no longer let them remain there. (Must be required to leave within 14 days.)
 They are staying in a hotel or motel using their own resources, have no other residence and lack the resource and support networks to obtain other permanent housing.
 They are fleeing or attempting to flee domestic violence, have no other residence and lack the resource and support networks to obtain other permanent housing.
 They have a place to live with their name on the lease from which they are being evicted (must be required to leave within 14 days.)
 They are about to be discharged from foster care, or have recently been discharged from foster care, and the residence where they are currently living will be lost within 14 days

Documentation
Imminent Risk of Homelessness  A court order resulting from an eviction action notifying the individual or family that they must leave (attached), or  Leaving a hotel or motel – evidence that household has been staying in hotel/ motel (attached), and this application documents lack of resources
 A documented and verified oral statement that residence will be lost within 14 days of the date of this application (attached), and this application documents lack of resources.

Leaving an institution, including
foster care
One of the forms of evidence above and
 Discharge paperwork or written/oral referral (attached), or  Written report of intake workers’ due diligence to obtain above evidence and certification by the individual that they exited an institution or foster care(attached)
Fleeing domestic violence For victim services providers:
 An oral statement, by the individual or head of household self- certified or certified by the intake worker, which states they are fleeing and have no subsequent resident or resources.

For non-v ictim services providers:

An oral statement, by the individual or head of household self which states they are fleeing and have no subsequent resident or resources. Where the safety of the individual or family is not jeopardized, the oral statement must be verified.

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2. Housing Assessment (Prevention Only)

If household intends to keep current housing, what is the monthly rent? If the household intends to remain in their current unit, does the rent amount exceed the FMR payment standard (based on the chart below)?

less
expensive housing and if so, proceed with assessment. Otherwise, stop here; client is not eligible. Proceed to end of form

Final FY 2020 FMRs By Unit Bedrooms
Studio/Efficiency 1-bedroom 2-bedroom 3-bedroom 4-bedroom $1545 $1,875 $2,335 $3,215 $3.945

Is your name on a rental agreement?
Source: http://www.huduser.org/portal/datasets/fmr.html

If your name is not on a rental agreement, are you living with someone who has a rental agreement and who has notified you in writing that you must leave?

If you owe back rent, how much do you owe?

How many month’s rent is that?

Is your landlord willing to accept rent from you?

If you are at risk of eviction, where are you in the eviction process? -day
served formal notice notice to pay rent or
quit
Detainer summons been issued

Do you currently receive any type of housing or utility subsidy or assistance from any other source? Subsidy pays for:

Note: ESG funds cannot be used to cover any cost covered by another subsidy source. For prevention candidates with a housing subsidy, ESG may only be used to pay the tenant portion of overdue back rent.

Be s
ure to attach housing status verification form and supporting documentation in file. Pr oceed to Part D: Income Verification
Section

D. Income Verification

What is the combined income of this applicant household? _

Household size:

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Alameda County, California FY2020 Income Limits
Household Size 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person Extremely Low Income (30% of
AMI) $26,050 $29,750 $33,450 $37,150 $40,150 $43,100
Source: HUD User FY 2019 Income Limits Documentation System: https://www.huduser.gov/portal/datasets/il.html . & Department of Health & Human Services (HHS) 2019 Federal Poverty Level Chart. https://aspe.hhs.gov/poverty -guidelines.

 At or below 30% AMI for household size
 Above 30% AMI for household size and seeking rapid rehousing assistance. Authorization of recipient may be required to proceed.

Required Authorization: (if applicable)
 Above 30% AMI for household size and seeking prevention assistance– INELIGIBLE: Proceed to end of form.

You may use the ESG Income Eligibility Calculation Form or another similar form to determine income. Be sure to include income verification form and supporting documentation for determination in file.

E. Resources, Networks and Asset Determination
In addition to meeting the housing status and income requirements, applicants must demonstrate that they do not have sufficient support or resources to retain or gain housing on their own.

ii. Asset Assessment
To determine whether the applicant household has resources that could be used to prevent or end their homelessness, and to determine the amount of financial assistance to be provided, the program must review their assets. This portion of the form applies to all adults in the household listed on page 1.

 No Bank accounts

Bank Accounts (attach appropriate third party documentation for all accounts listed below)

1. Name of Financial Institution: Type of account: Name(s) on Account:

Acct #: Acct. Balance: as of / /

2. Name of Financial Institution: Type of account: Name(s) on Account:

Acct #: Acct. Balance: as of / /

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Investment Accounts (obtain appropriate third party documentation for all accounts listed below)

1. Name of Financial Institution: Type of account: Name(s) on Account:

Acct #:

Other Assets
Acct. Balance: as of / /

# of Vehicles:  No Vehicles

Make: Model: Year:

For cars that are 2007 or newer, note blue book value:

Property or other (describe and note value):

Be sure to attached copies of bank statements or other asset verification If assets exceed $2,000 per individual or $3,000 per couple, if any vehicle is worth more than $10,000, or if household has more working cars than adult drivers, the household is ineligible.

 No Yes: ineligible. Proceed to end of form

ii. Personal Resource and Networks
Other subsequent housing options
What steps have you taken to identify other appropriate housing options that you can afford without any assistance from this program?

Summary of assessment:

Does the household have any other appropriate housing options? Yes

2) Financial Resources

Do you have any other resources that you could use to help your household gain housing or remain in your housing? (See asset assessment; discuss use of participants personal resources to resolve situation.)

Summary of assessment:

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No
No
Does the household have other financial resources sufficient to obtain other appropriate subsequent housing or remain in their existing housing? Yes

3) Support Networks

Do you have any other support networks that could help you gain housing or remain in your housing? (This would include family or friends who can lend or give money, a faith-based organization that can assist you, someone with whom you can live, etc.)?

Summary of assessment:

Does the household have support networks needed to obtain other appropriate subsequent housing or remain in their existing housing? Yes

F. Approach to housing stability
How did your current situation of homelessness or housing instability come about?

Describe:

Are you currently doing anything to increase your household income or decrease your costs?

 No Does Not Apply

Describe:

If you are to be assisted, are you willing to participate in services to increase your income or decrease your costs?  No Does Not Apply

If household is not currently working toward increasing income or decreasing costs and is unwilling to do so, the household may be determined as ineligible. (Note that households with a fixed income may not need to increase income to remain stable.)

Please add any other information pertinent to eligibility determination:

Yes

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FOR STAFF USE ONLY:

Last Name: First Name: HMIS ID:

Eligibility Determination

A. Household is not eligible to receive ESG assistance due to:
 Not among target population for local program

 Ineligible Housing Status

 Over Income

 Households Assets exceed asset limit

 Household is already receiving a subsidy for the same cost for which the household is seeking assistance

 Adults in household unwilling to engage in activities or participate in services designed to support housing stability plan  Household as already received 24 months of ESG assistance in last 36 months

If client is not eligible, inform client of determination and refer client to other programs that may be able to assist the household. Programs referred to:

1. Program: How was referral made?:

2. Program: How was referral made?:

3. Program: How was referral made?:

4. Program: How was referral made?:

B. Household is eligible to receive Assistance.

 Eligibility for rapid rehousing verified; household will be enrolled and housing search assistance will begin.  Eligibility for prevention assistance verified; new housing has been identified or current housing is to be retained and program will proceed to check on unit eligibility and to offer financial assistance and housing stability support.

Staff signature: Date:

Proceed to enroll the Household:
o Complete ROI and HMIS Intake,
o Sign the participation agreement,
o Complete the Household Budget and develop Housing Stability Plan. o If housing unit is identified, complete unit documentation, Financial Assistance Calculation Form and other required documentation.

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ESG Manual and Forms - Ver 1 2/1/13

ESG Program Participation Agreement
(click here to return to relevant section of the manual)

The ESG Program provides support services and limited financial resources to help households gain housing or remain housed.

I understand that this program may provide me with some or all of the following services:
 Assistance finding and obtaining housing
 Assistance developing a housing plan
 Assistance to stay in housing I currently occupy, including legal assistance and/or negotiations with family members, friends or landlords;
 One-time or short-term financial assistance to support gaining or retaining housing which may include rental deposits, rental or utility arrears, or short to medium term rental assistance payments designed to secure or retain housing;
 Referrals and support to apply for benefits for which I or a member of my household may be eligible.  Other services related to securing housing, such as, but not limited to, assistance getting identification, preparing housing applications, searching for housing, negotiating with landlords and other services.

I agree to do the following:
 Provide accurate and honest information to my housing specialist and other program staff.  Work with a housing specialist to develop a housing plan.  Take all necessary steps to achieve the goals outlined in the plan.  Meet with my housing specialist at intervals established in my housing plan, and not less than monthly during my participation in the program.
 Permit home visits and inspections of my housing during my participation in the program. (Advance notice will be provided.)
 Provide current proof of income when requested.
 Pay my portion of rent on time every month and immediately advise the housing specialist if I have any trouble in doing so.
 Provide any documentation required by the housing specialist as it pertains to progress on my housing plan, my rent status or income (i.e. attendance record for job training program, proof of application for benefits, etc.)  Be contacted for follow-up phone calls about my participation in ESG for up to 24 months after I complete the program.

I understand that neither (agency name) nor any party to the ESG Program is responsible for my rent or lease. I understand that assistance will only be provided if I am in compliance with the program requirements including the terms of my Housing Stability Plan.

Client Name: Client Signature: Date:

Housing Navigator: Agency Name: Date:

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Sample Budgeting Worksheet
(click here to return to relevant section of the manual)

Participant Name: Date:

Actual (with current income) Proposed (with anticipated income and/or subsidy)
Housing Expenses
Rent
PG&E
Water
Other:

Car Expenses
Loan payment
Insurance
Gas
Maintenance & repairs
Debt
Creditor 1
Creditor 2
Miscellaneous
Groceries, Lunches, meals
Childcare
School supplies
Prescriptions
Cable TV
Internet Connection
Telephone
Clothing
Hair supplies/Toiletries
Other:

Other:

Expense Total

Income
Earnings
Social Security related $
Unemployment
Food Stamps
Other:

Other:

Income Total
Total Income Minus Expenses

Participant Signature: Date:

Case Manager/Housing Specialist Name Signature Date

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May 12, 2020

ESG Housing Stability Plan
(click here to return to relevant section of the
manual)

Initial Plan Date
Client/Head of Household Name:

My 30 day housing goal is:

If different, my 90 day goal is

If different, my permanent housing goal is

I have or will have the following resources to help me achieve my goals:

1. 2.

3. In order to reach these goals, I commit to take the following steps:

Step Actions What I’ll do Help I’ll Receive Done by: Notes at Follow Up 1 2
3 Client Signature: Date: Housing Navigator: Date:

ESG Manual and Forms - Berkeley

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ESG Manual and Forms – Berkeley

ESG Financial Assistance Calculation Form
(click here to return to relevant section of the manual)

Before preparing this calculation, complete the budget form with the Head of Household. Use this form and information from the application, the budget and the lease and/or arrears documentation to determine the amount of financial assistance that the household will receive. This form must be prepared every three months during the time in which the household receives financial assistance.

Head of Household : Service Point ID:

Assessment date: Staff:

 First financial assistance calculation Reassessment of financial assistance

A. GENERAL

Enter the information below from the budget and assets form to determine the amount of financial assistance Combined Household income: (from application) Rent: (from lease) Income minus Rent: * Percent of income for rent without subsidy:

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Total Expenses (from budget)

* Difference between income and expenses:

* Current Assets: (from application)

Use information indicated with * to determine financial assistance below

B. SECURITY DEPOSIT (skip if not applicable)

New residence requires a Security Deposit of: (This may include up to two months rent if required as deposit but should not include first month’s rent in this calculation. Assistance with First month’s rent should be part of the Rental Assistance in section C.below)

Based on income and assets, household will make:

 No contribution to the deposit without jeopardizing housing stability (household has less than 50% of income left after paying rent and household budget has no disposable income; household has assets of less than $500.)

 A one-time payment toward the security deposit of: (household has assets of greater than $500 and/or budget indicates disposable income available for a payment.)

Program will make a payment on behalf o

B. PREVENTION ARREARS (skip if not applicable)
Household owes in rental arrears. (From documentation of rent arrears. The document must be dated within the same month that the application is being considered or proof of rent payment must be provided.)

Based on income and assets available, Household will make:
 No payments without jeopardizing housing stability (household pays more than 50% of income for rent and/or household budget has no disposable income; household has assets of less than $500.)

 A one-time payment toward the arrears of: (household has assets of greater than $500 and/or budget indicates disposable income available for a payment.)

 A monthly payment toward the arrears of:

 Payment agreement negotiated with landlord.(budget indicates disposable income available for a payment or household has a housing subsidy.)
Program will make a payment on behalf of household of:

Note Program will not pay more than three months or $3,000 in rental arrears.

C. UTILITY ARREARS (skip if not applicable)

This type of support will only be provided if the household will be unable to have utilities in their housing if they do not pay past due arrears.

Household owes in past utility arrears (from documentation of utility arrears) Based on income and assets available, Household will make:

 No payments without jeopardizing housing stability (household pays more than 50% of income for rent and/or household budget has no disposable income; household has assets of less than $500.)

 A one-time payment toward the arrears of: (household has assets of greater than $500 and/or budget

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indicates disposable income available for a payment.)

 A monthly payment toward the arrears of: Payment agreement negotiated with

landlord.(budget indicates disposable income available for a payment or household has a housing subsidy – attached copy of payment agreement.)

Program will make a payment on behalf of household of

D. FINANCIALASSISTANCEAGREEMENT

The participant and the program agree to the terms of payment designated above. The program will make payments on behalf of the participant as long as the participant is in good standing with their portion of the agreement and making progress on the ir Housing Stability Plan.

This agreement expires: (not later than 3 months from first expected payment.)

Participant Signature: Date:

Housing Specialist Signature: Date:

(Attach this agreement to a copy of lease or occupancy agreement and, if past due rent or utilities, a copy of a record from the landlord/leaser or utility company indicating the amount of arrears.)

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ESG Manual and Forms – Berkeley

Rent Reasonableness and FMR Certification
(click here to return to relevant section of the manual)

PROPOSED
UNIT

COMPARISON
UNIT #1

COMPARISON
UNIT #2

COMPARISON
UNIT #3

ADDRESS

NUMBER OF BEDROOMS

SQUARE FEET

TYPE OF

UNIT/CONSTRUCTION

HOUSING CONDITION

LOCATION/ACCESSIBILITY

AMENITIES
UNIT: SITE:

NEIGHBORHOOD:

AGE IN YEARS

UTILITIES (TYPE)

UNIT RENT

UTILITY ALLOWANCE

GROSS RENT

HANDICAP ACCESSIBLE?

CERTIFICATION:

A. Compliance with Payment Standard

Proposed Contract Rent + Utility Allowance = Proposed Gross Rent

Approved rent does not exceed applicable Payment Standard of $ .

B. Rent Reasonableness

Based upon a comparison with rents for comparable units, I have determined that the proposed rent for the unit [ ] is [ ] is not reasonable.

NAME: SIGNATURE: DATE:

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Habitability Standards Inspection Form
(click here to return to relevant section of the manual) (based on HUD’s HQS and the HPRP Notice; Certified HQS Inspectors may use an HQS form instead)

Name of Participant Participant Phone Number Date of Request (mm/dd/yyyy) Inspector Date of Initial Inspection (mm/dd/yyyy)
Type of
Inspection
Initial

Special

Re-inspection
Date of Last Inspection
(mm/dd/yyyy) Agency

A. General Information

INSPECTED UNIT Year Constructed (yyyy):

Full Address Housing Type (check as appropriate)
Single Family
Detached Duplex
or two family
Row House or Town House
Low Rise; 3,4 stories including
garden apt. High Rise; 5 or
more stories
Manufactured
Home
Congregate
Number of Children in Family Under 6:

OWNER NAME OWNER PHONE

ADDRESS OF OWNER/AGENT
Is Lead Paint inspection required? (unit was constructed prior to 1978 and children under age 6 or a pregnant woman are in the household.) Yes No
B. Summary Decision on Unit (to be completed after form is filled out)

Pass Number of
bedrooms
Number of
sleeping
rooms
Signature of Inspector
Fail
Inconclusi
ve
How to use this form

1. Review each room in the house as listing in the form (1. Living Room; 2. Kitchen; 3. Bathroom; 4. Other Rooms Used for Living or Halls (use as many as needed); 5. All Secondary Rooms Not Used for Living; 6. Building Exterior; 7. Heating, Plumbing and Installation; 8. General Health and Safety.

Important: For each item numbered on the checklist, check one box only (e.g., check one box only for item

1.4 "Security," in the Living Room).

2. In the space to the right of the item, if the decision is “Fail,” write what repairs are necessary.

3. If the item passes inspection, check the “Pass” box.

4. A final summary page to note repairs needed is provided on the final page. If owner/manager is present at inspection, gather signature on final page.

5. For lead paint inspections, if not required, mark “not applicable.” Otherwise, note if the unit is a “pass” or “fail.”

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INSPECTION CHECKLIST

Item #

1. LIVING ROOM DECISION

Repairs
Description
Yes,
PASS
No,
FAIL

1.1 LIVING ROOM PRESENT

1.2 ELECTRICITY
Are there at least two working outlets or
one working outlet and one working

1.3 ELECTRICAL HAZARDS
Is the room free from electrical hazards?

1.4 SECURITY
Are all windows and doors that are accessible
from the outside lockable?

1.5 WINDOW CONDITION
Is there at least one window, are all windows free of
signs of severe deterioration or missing or broken

1.6 CEILING CONDITION
Is the ceiling sound and free from

1.7 WALL CONDITION
Are the walls sound and free from hazardous

1.8 FLOOR CONDITION
Is the floor sound and free from hazardous defects?

1.9 LEAD PAINT
Are all painted surfaces free of deteriorated paint?
If not, do deteriorated surfaces exceed more than
two square feet per from and/or is more than 10%
Not Applicable

Item #

2. KITCHEN DECISION

Repairs Required
Description
Yes,
PASS
No,
FAIL

2.1 KITCHEN AREA PRESENT

2.2 ELECTRICITY
Is there at least one working electric outlet and one
working, permanently installed light fixture?

2.3 ELECTRICAL HAZARDS
Is the kitchen free from electrical hazards?

2.4 SECURITY
Are all windows and doors that are
accessible from the outside lockable?

2.5 WINDOW CONDITION
Are all windows free of signs of deterioration or
missing or broken out panes?

2.6 CEILING CONDITION
Is the ceiling sound and free from hazardous

2.7 WALL CONDITION
Are the walls sound and free from hazardous

2.8 FLOOR CONDITION
Is the floor sound and free from hazardous

2.9 LEAD PAINT
Are all painted surfaces free of deteriorated
paint? If not, do deteriorated surfaces
exceed more than two square feet per from
and/or is more than 10% of a component?
Not Applicable

2.10 STOVE OR RANGE WITH OVEN
Is there a working oven and a stove (or range)
with top burners that work?

2.11 REFRIGERATOR
Is there a refrigerator that works and maintains
a temperature low enough so that food does
not spoil over a reasonable period of time?

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2.12 SINK
Is there a kitchen sink that works with hot
and cold running water?

2.13 SPACE FOR STORAGE AND

PREPARATION OF FOOD
Is there space to store and prepare food?

Item #

3. BATHROOM DECISION

Repairs Required
Description
Yes,
PASS
No,
FAIL

3.1 BATHROOM PRESENT

3.2 ELECTRICITY
Is there at least one permanently installed

3.3 ELECTRICAL HAZARDS
Is the bathroom free from electrical hazards?

3.4 SECURITY
Are all windows and doors that are
accessible from the outside lockable?

3.5 WINDOW CONDITION
Are all windows free of signs of deterioration or
missing or broken out panes?

3.6 CEILING CONDITION
Is the ceiling sound and free from hazardous

3.7 WALL CONDITION
Are the walls sound and free from

3.8 FLOOR CONDITION
Is the floor sound and free from hazardous

3.9 LEAD PAINT
Are all painted surfaces free of
deteriorated paint? If not, do
deteriorated surfaces exceed more than
two square feet per from and/or is more
Not Applicable

3.10 FLUSH TOILET IN ENCLOSED ROOM IN
UNIT Is there a working toilet in the unit
for exclusive private use of the tenant?

3.11 FIXED WASH BASIN OR LAVATORY IN
UNIT Is there a working, permanently
installed wash basin with hot and cold

3.12 TUB OR SHOWER IN UNIT
Is there a working tub or shower with hot
and cold running water in the unit?

3.13 VENTILATION
Are there operable windows or a working

Item #

4. OTHER ROOMS USED FOR LIVING OR
HALLS

DECISION

Repairs Required
Description
Yes,
PASS
No,
FAIL

4.1 ROOM CODE and ROOM CODES
ROOM LOCATION: 1 = Bedroom or any other room used for sleeping (regardless of type of 2 = Dining Room, or Dining Area
3 = Second Living Room, Family Room, Den, Playroom, TV Room right/left 4 = Entrance Halls, Corridors, Halls, Staircases front/rear 5 = Additional Bathroom
floor level 6 = Other

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4.2 ELECTRICITY
If Room Code = 1, are there at least two
working outlets or one working outlet and
one working, permanently installed light
fixture? If Room Code does not = 1, is there
a means of illumination?

4.3 ELECTRICAL HAZARDS
Is the room free from electrical hazards?

4.4 SECURITY
Are all windows and doors that are accessible from
the outside lockable?

4.5 WINDOW CONDITION
If Room Code = 1, is there at least one window? And,
regardless of Room Code, are all windows free of
signs of severe deterioration or missing or broken

4.6 CEILING CONDITION
Is the ceiling sound and free from

4.7 WALL CONDITION
Are the walls sound and free from

4.8 FLOOR CONDITION
Is the floor sound and free from hazardous

4.9 LEAD PAINT
Are all painted surfaces free of
deteriorated paint? If not, do
Not Applicable

4.10 SMOKE DETECTORS
Are smoke detectors in each room used
for sleeping? Are they working?

Item #

4. OTHER ROOMS USED FOR LIVING OR
HALLS

DECISION

Repairs Required
Description
Yes,
PASS
No,
FAIL

4.1 ROOM CODE and ROOM CODES
ROOM LOCATION: 1 = Bedroom or any other room used for sleeping (regardless of type of room)
2 = Dining Room, or Dining Area
right/left 3 = Second Living Room, Family Room, Den, Playroom, TV Room front/rear
floor level
4 = Entrance Halls, Corridors, Halls, Staircases
5 = Additional Bathroom

4.2 ELECTRICITY

4.3 ELECTRICAL HAZARDS

4.4 SECURITY

4.5 WINDOW CONDITION

4.6 CEILING CONDITION

4.7 WALL CONDITION

4.8 FLOOR CONDITION

4.9 LEAD PAINT Not Applicable

4.10 SMOKE DETECTORS

Item #

4. OTHER ROOMS USED FOR LIVING OR
HALLS

DECISION

Repairs Required
Description
Yes,
PASS
No,
FAIL

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4.1 ROOM CODE and
ROOM LOCATION:

right/left
front/rear
floor level

ROOM CODES
1 = Bedroom or any other room used for sleeping (regardless of type of room) 2 = Dining Room, or Dining Area
3 = Second Living Room, Family Room, Den, Playroom, TV Room 4 = Entrance Halls, Corridors, Halls, Staircases
5 = Additional Bathroom
6 = Other

4.2 ELECTRICITY

4.3 ELECTRICAL HAZARDS

4.4 SECURITY

4.5 WINDOW CONDITION

4.6 CEILING CONDITION

4.7 WALL CONDITION

4.8 FLOOR CONDITION

4.9 LEAD PAINT Not Applicable

4.10 SMOKE DETECTORS

Item #

5. ALL SECONDARY ROOMS NOT

USED FOR LIVING

DECISION

Repairs Required
Description
Yes,
PASS
No,
FAIL

5.1 NONE. GO TO PART 6

5.2 SECURITY
Are all windows and doors that are
accessible from the outside lockable in

5.3 ELECTRICAL HAZARDS
Are all these rooms free from electrical

5.4 OTHER POTENTIALLY HAZARDOUS

FEATURES IN ANY OF THESE ROOMS
Are all of these rooms free of any
other potentially hazardous features?
For
each room with an "other potentially

Item #

6. BUILDING EXTERIOR DECISION

Repairs Required
Description
Yes,
PASS
No,
FAIL

6.1 CONDITION OF FOUNDATION
Is the foundation sound and free from

6.2 CONDITION OF STAIRS, RAILS, AND

PORCHES
Are all the exterior stairs, rails and porches
sound and free from hazards?

6.3 CONDITION OF ROOF AND GUTTERS
Are the roof, gutters and downspouts
sound and free from hazards?

6.4 CONDITION OF EXTERIOR SURFACES
Are exterior surfaces sound and free from

6.5 CONDITION OF CHIMNEY
Is the chimney sound and free from

6.6 LEAD PAINT: EXTERIOR SURFACES
Are all painted surfaces free of deteriorated
paint? If not, do deteriorated surfaces exceed
Not Applicable

6.7 MANUFACTURED HOMES: TIE DOWNS
If the unit is a mobile home, it is properly placed
a" ot a mobile home, check

7. HEATING, PLUMBING AND DECISION

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City of Berkeley ESG Policies and Procedures
ESG Manual and Forms – Berkeley

Item #

Description
Yes,
PASS
No,
FAIL Repairs
Required

7.1 ADEQUACY OF HEATING EQUIPMENT
a. Is the heating equipment capable of
providing adequate heat (either
directly or indirectly) to all rooms

b. Is the heating equipment
oversized by more than 15%?

c. Are pipes and ducts
located in unconditioned
space
insulated?

7.2 SAFETY OF HEATING EQUIPMENT
Is the unit free from unvented fuel burning

7.3 VENTILATION AND ADEQUACY

OF COOLING
Does this unit have adequate ventilation and
cooling by means of operable windows or a

7.4 HOT WATER HEATER
Is hot water heater located, equipped,
and installed in a safe manner?

7.5 WATER SUPPLY
Is the unit served by an approvable public
or private sanitary water supply?

7.6 PLUMBING
Is plumbing free from major leaks or
corrosion that causes serious and

7.7 SEWER CONNECTION
Is plumbing connected to an approvable

Item #

8. GENERAL HEALTH AND SAFETY DECISION

Repairs Required
Description
Yes,
PASS
No,
FAIL

8.1 ACCESS TO UNIT Can the unit be
entered without having to go through

8.2 EXITS: Is there an acceptable fire exit from
this building that is not blocked?

8.3 EVIDENCE OF INFESTATION
Is the unit free from rats or severe
infestation by mice or vermin?

8.4 GARBAGE AND DEBRIS
Is the unit free from heavy accumulation
of garbage or debris inside and outside?

8.5 REFUSE DISPOSAL
Are there adequate covered facilities for
temporary storage and disposal of food

8.6 INTERIOR STAIRS AND COMMON HALLS
Are interior stairs and common halls free
from hazards to the occupant because of
loose, broken or missing steps on

8.7 OTHER INTERIOR HAZARDS
Is the interior of the unit free from any
other hazards not specifically identified

8.8 ELEVATORS
Are they working and safe?

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Berkeley City CouncilMay 9, 2023

Berkeley City Council
May 9, 2023