Approved as to Form and Legality
________________________
City Attorney’s Office
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION:
1) ACCEPTING AND APPROPRIATING AN AWARD OF UNITED STATES
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT GRANT FUNDS
IN THE AMOUNT OF $14,878,176 FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG), HOME INVESTMENTS PARTNERSHIP (HOME),
EMERGENCY SOLUTIONS GRANT (ESG), AND HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAMS FOR FISCAL YEAR 2022-2023;
2) AUTHORIZING THE CITY ADMINISTRATOR TO PREPARE AND SUBMIT
TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2022- 2023;
3) APPROPRIATING $850,000 IN REVOLVING LOAN PROGRAM INCOME
AND ANY AMOUNTS COLLECTED IN EXCESS THEREOF FOR HOUSING
REHABILITATION ACTIVITIES AND OTHER CDBG-ELIGIBLE
ACTIVITIES AND PROJECTS;
4) AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE AND
EXECUTE GRANT AGREEMENTS FOR THE FISCAL YEAR 2022-2023
CDBG, HOME, ESG, AND HOPWA PROGRAMS;
5) AUTHORIZING THE CITY ADMINISTRATOR TO APPROVE CDBG
FUTURE FUNDING RECOMMENDATIONS TO BE SUBMITTED UNDER
THE 2022/2023 CDBG REQUEST FOR PROPOSALS PROCESS WITHOUT RETURNING TO COUNCIL; AND
6) AUTHORIZING THE USE OF GENERAL-PURPOSE FUNDS TO PAY
CENTRAL SERVICE OVERHEAD CHARGES FOR THE EMERGENCY
SOLUTIONS GRANT AND HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS PROGRAMS
Celso Ortiz (Jun 23, 2022 13:28 PDT)
2 of 5
WHEREAS, on May 13, 2022, the United States Department of Housing & Urban Development (HUD)/Community Planning & Development (CPD) announced HUD/CPD allocation of formula grants to the City of Oakland as an Entitlement Grantee in the following amounts for 2022 CPD Programs:
Community Development Block Grant (CDBG) $ 7,449,871
HOME Investment Partnership (HOME) $ 3,384,815
Housing Opportunities for Persons With AIDS (HOPWA) $ 3,391,991 Emergency Solutions Grant (ESG) $ 651,499
Total $14,878,176
; and
WHEREAS, Title 24, Part 91, Subpart A of the Code of Federal Regulations (24 C.F.R
91.1, et seq.) requires the City of Oakland to prepare and submit to HUD an Annual Action Plan (AAP) consisting of the information set forth in 24 C.F.R. 91.220 in order to receive the above- noted HUD CPD funding awards; and
WHEREAS, HUD released CPD Notice 22-05 in March 2022 as guidance to CDBG, HOME, HOPWA, and ESG formula grantees for submitting Annual Action Plans (AAP) for Fiscal Year (FY) 2022/2023 including a waiver to allow for Virtual Public Hearings in preparation of the FY 2022/2023 AAP; and
WHEREAS, CPD Notice 22-05 instructs all CDBG, HOME, HOPWA and ESG grantees that Plans (AAP or Consolidated Plans) should not be submitted to HUD until sixty (60) days after the date HUD CPD allocations have been determined and announced by HUD; and
WHEREAS, per CPD Notice 22-05, all CDBG, HOME, HOPWA and ESG grantees with July 1 and August 1 program year start dates must submit the AAP to HUD by July 12, 2022 based on the May 13, 2022 HUD/CPD allocation announcement; and
WHEREAS, $1,577,409 in CDBG funds is set -aside and recommended for the provision of legal assistance for homeless prevention, housing stability services and to support the acquisition of property to be utilized for affordable ho using for unsheltered and low- to moderate -income residents of Oakland; and
WHEREAS, as an alternate option is to utilize the set aside to fund the City’s Community Development District Board CDBG Request For Proposal (RFP) process at FY 2021/2022 levels for FY 2022/2023, if staff recommendation above is not accepted; and
WHEREAS, a public hearing will be held Ju ly 5, 2022 to solicit public comment on the AAP, which includes categorical allocation of CDBG, HOME, HOPWA, ESG, and Revolving Loan Program Income (RLF/PI) funds for Fiscal Year FY 2022/2023; and,
3 of 5
WHEREAS, the Residential Lending/Rehabilitation Division of the City’s Department of Housing & Community Development expects to collect $850,000 in Revolving Loan Program Income from loan fees and payments under the City’s CDBG -funded Residential Lending and Housing Rehabilitation Program; and
WHEREAS, said Revolving L oan Program Income is utilized and reported annually to HUD as leveraging for CDBG funds awarded to the City; and
WHEREAS, staff recommends and seeks approval to use RLF/PI collected that is in excess of the anticipated $850,000 and deposited into Fund 2108; Organization 88939, Project (Various), be used for housing rehabilitation activities and other CDBG -eligible activities, including but not limited to CDBG Backup Activities authorized under Oakland City Council Resolution No. 88710 – The First Amendment To the City Of Oakland Five Year Consolidated Plan For FY 2020/2021 – 2024/2025; and
WHEREAS, not more than 7.5 percent of ESG funds awarded and not more than 3 percent of HOPWA funds awarded to the City may be used to cover grantee (the City’s) administration costs; and
WHEREAS, the limited ESG and HOPWA grantee administrative funds are necessary to cover personnel and operations costs for the Community Housing Services (CHS) Division of the Human Services Department, payment of Central Services Overhead (CSO) may cause CHS to exceed the 7.5 percent and 3 percent caps mandated by ESG and HOPWA grants; now therefore be it
RESOLVED: That the City Council hereby accepts and appropriates CDBG, HOME, HOPWA, and ESG funding for FY 2022/2023 as follows:
Community Development Block Grant (CDBG) $ 7,449,871
HOME Investment Partnership (HOME) $ 3,384,815
Housing Opportunities for Persons With AIDS (HOPWA) $ 3,391,991 Emergency Solutions Grant (ESG) $ 651,499
Total $14,878,176
; and be it
FURTHER RESOLVED: That the CDBG grant funds in the amount of $7,449,871 shall be appropriated to Fund 2108 (HUD-CDBG Fund), HOME grant funds in the amount of $3,384,815 shall be appropriated to Fund 2109 ( HUD-HOME Fund), and the HOPWA and ESG grant funds in the total amount of $4,043,490 shall be appropriated to Fund 2103 (HUD-HOPWA and HUD-ESG Fund); and be it
FURTHER RESOLVED: That the City Council hereby appropriates $850,000 in Revolving Loan Fund Program Income to Fund 2108, to be used for housing rehabilitation services for FY 2022/2023; and be it
4 of 5
FURTHER RESOLVED: That the City Council hereby appropriates any Revolving Loan Program Income collected from Oakland Residential Lending/Rehabilitation Division programs that is in excess of above-noted $850,000 to Fund 2108, and directs that any such excess funds shall be used solely for housing activities and other CDBG-eligible projects and activities, including but not limited to any backup projects authorized under Oakland City Council Resolution 88710 C.M.S., passed June 15, 2021; and be it
FURTHER RESOLVED: That the City Council authorizes the City Administrator to take any and all actions necessary to timely prepare and submit to HUD the City’s Annual Action Plan (AAP) for FY 2022/2023 and any related documents for the purpose of securing HUD approval; and be it
FURTHER RESOLVED: That City Council hereby authorizes a contribution from the General-Purpose-Fund to be included in the City’s Adopted FY 2021-23 Biennial Budget for Central Service Overhead (CSO) costs related to the HOPWA and ESG programs in amounts equivalent to the Department of Human Services FY 2022/2023-CSO costs estimated to be $11,777 for ESG and $15,691, for HOPWA; and be it
FURTHER RESOLVED: That the City Administrator is authorized to enter into agreements with the third-party contractors and sub recipients for projects and activities as set forth in Exhibit A attached hereto, including $1,577,409 in CDBG funds for homeless prevention/housing stability activities and the support of acquisition cost for affordable housing, and be it
FURTHER RESOLVED: An alternate use of the $1,577,409 in CDBG funds, if the staff recommendation above is not accepted will be used to fund projects to be determined at a later date through the City’s CDBG RFP process for the seven community development districts; and be it
FURTHER RESOLVED: That the City Administrator is authorized to enter into agreements
FURTHER RESOLVED: That project numbers in Exhibit A for each project and activity listed is subject to change based on the availability of requested project numbers in the City’s Oracle Finance System; and be it
5 of 5
FURTHER RESOLVED: That prior to execution, all agreements shall be reviewed and approved as to form and legality by the City Attorney, and executed copies shall be filed with the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the City
of Oakland, California
Exhibit A
PROJECT AWARDEE Project Numbers
(2022/2023
funding)*
CDBG FY 22/23 CDBG CARRY-
FOWARD
REVOLVING
LOAN PROGRAM
HOME HOME CARRY-
FORWARD
HOPWA ESG TOTAL
City of Oakland
Housing &
Community
Development
HOPWA
1 City of Oakland
/Human Services
Department
(HSD)Request For
Proposals
Applicants for
Alameda County
Projects
1005609 $ 2,273,487.00 $ 2,273,487.00
City of Oakland
Housing &
Community
Development
HOPWA
2 Contra Costa
County
1005609 $ 1,016,744.00 $ 1,016,744.00
City of Oakland
Housing &
Community
Development
HOPWA
3 City of Oakland
/HSD/CHS
1005609 $ 101,760.00 $ 101,760.00
City of Oakland
Housing and
Community
Development
Minor Home
Repair Program
4 Alameda County
Healthy Homes
Department
1006231 $ 90,580.00 $ 68,620.00 $ 159,200.00 City of Oakland
Access
Improvement
Project and Lead
Safe Painting
5 City of Oakland
HCD Residential
Lending/Rehabiliatio
n
1006235 $ 185,755.00 $ 254,665.91 $ 440,420.91 Affordable
Housing Funding
New
Construction/Reha
bilitation of
Affordable Rental
Housing
6 City of Oakland
HCD/ Housing
Development
Services
1000394 $ 338,481.00 $ 338,481.00
Affordable
Housing Funding
New
Construction/Reha
bilitation of
Affordable Rental
Housing
7 City of Oakland
HCD/ Housing
Development
Services
1000394 $ 3,046,334.00 $ 3,046,334.00
Emergency Home
Repair Program &
Home
Maintenance &
Improvement
Program
8 City of Oakland
HCD Residential
Lending/Rehabiliatio
n
1006234 CDBG
1006236 (RLPI)
$ 69,891.00 $ 850,000.00 $ 919,891.00 Department of
Human Services/
EOCP Shelter
Operation
9 East Oakland
Community Project
1005715 $ 158,244.00 $ 158,244.00
Department of
Human Services/
Admin
10 Community Housing
Services
Administration
1005590 $ 495,462.00 $ 495,462.00
Department of
Human Services/
Program Delivery
11 Community Housing
Services Program
Delivery
1005592 $ 240,327.00 $ 240,327.00
Department of
Human Services/
PATH Set Aside
12 Community Housing
Services PATH 3rd
Party Agreements
1005594 $ 246,772.00 $ 246,772.00
City of Oakland
Business
Assistance
13 Economic
Workforce
Development
1006328 $ 310,858.00 $ 310,858.00
City of Oakland
HCD Fair Housing
14 East Bay
Community Law
Center
1006230 $ 261,476.00 $ 261,476.00
City of Oakland
HCD Fair Chance
Ordinance
15 To Be Determined 1006448 $ 90,000.00 $ 90,000.00 Affordable
Housing Funding
New
Construction/Reha
bilitation of
Affordable Rental
Housing
16 City of Oakland
HCD/ Housing
Development
Services -
Affordable Housing
95th/International
1004668 $ 1,433,821.00 $ 1,433,821.00
Affordable
Housing Funding
New
Construction/Reha
bilitation of
Affordable Rental
Housing
17 City of Oakland
HCD/ Housing
Development
Services- Affordable
Housing Acora
Place
1004439 $ 2,371,571.00 $ 2,371,571.00
Affordable
Housing Funding
New
Construction/Reha
bilitation of
Affordable Rental
Housing
18 City of Oakland
HCD/ Housing
Development
Services -
Affordable Housing
Aurora Apartments
1004673 $ 200,000.00 $ 200,000.00
Code Compliance
Relocation
Program
19 City of Oakland
HCD/Community
Development
Engagement
1006447 $ 262,000.00 $ 262,000.00
AntiDiscplacement
Info and Referral -
CDE Supervisor
20 City of Oakland
HCD/Community
Development
Engagement
1005477 $ 230,000.00 $ 230,000.00
Rehabiliation
Program Delivery
21 City of Oakland
HCD/Res. Lending -
Rehabilitation
1006241 $ 785,826.00 $ 785,826.00
CDBG, HOME, ESG, HOPWA 2022/23 ALLOCATIONS
1 CDBG Program
Administration
22 City of Oakland
Community
Development &
Engagement
1006242 $ 742,623.00 $ 742,623.00
CDBG Program
Delivery
23 City of Oakland
Community
Development &
Engagement
1006242 $ 601,635.00 $ 601,635.00
Earthquake Safe
Homes Program (1-
4 units)
24 City of
Oakland/HCD
Seismic Retrofit
1006252.
1000523 (Carry
forward)
$ 20,000.00 $ 76,000.00 $ 96,000.00 Safer Housing for
Oakland Program (
25 City of
Oakland/HCD
Seismic Retrofit
1006253
1000532 (Carry
forward)
$ 125,000.00 $ 125,000.00 $ 250,000.00
Commercial
Lending
26 Main Street Launch 1006233 $ 300,000.00 $ 300,000.00 Housing
Stability/Housing
Related Legal and
Rental Assistance*
27 Various external
agencies
1006449 $ 656,013.00 $ 656,013.00
Alternative #1:
Housing
prevention,
housing related
legal service and
acquisition for
affordable housing
28 City of
Oakland/HCD
Protection and
Preservation
1006239 $ 1,577,409.00 $ 1,577,409.00
PATH ESG Admin 29 City of Oakland
/HSD/CHS
1005599 $ 48,862.43 $ 48,862.43
PATH ESG Grant
Agreements
30 City of Oakland
/HSD/CHS
1005594 $ 602,636.57 $ 602,636.57
Totals $ 7,449,871.00 $ 524,285.91 $ 850,000.00 $ 3,384,815.00 $ 4,005,392.00 $ 3,391,991.00 $ 651,499.00 $ 20,257,853.91 Alternative #2 to
line 28.
Community
Development
District Request
For Proposals or
City
Recommended.
28 Various City and
external agencies
selected by the 7
CD District Boards
1006239 $ 1,577,409.00 $ 1,577,409.00 2