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 $14,664,598 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 2023-2024;
(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 2023-2024;
(3) APPROPRIATING UP TO $850,000 IN REVOLVING LOAN
PROGRAM INCOME TO SUPPORT THE CITY’S RESIDENTIAL
LENDING/HOUSING REHABILITATION PROGRAMS AND ANY
AMOUNTS COLLECTED IN EXCESS THEREOF FOR HOUSING
REHABILITATION ACTIVITIES AND OTHER CDBG-ELIGIBLE
ACTIVITIES AND PROJECTS WITHOUT RETURNING TO COUNCIL;
(4) AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE
AND EXECUTE GRANT AGREEMENTS UNDER THE FISCAL YEAR
2023-2024 CDBG, HOME, ESG, AND HOPWA PROGRAMS;
(5) AUTHORIZING THE USE OF GENERAL-PURPOSE FUNDS TO
PAY CENTRAL SERVICE OVERHEAD CHARGES UP TO $11,836 FOR
THE 2023 EMERGENCY SOLUTIONS GRANT AND $17,220 UNDER THE 2023 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
PROGRAMS
2 of 5
WHEREAS, on February 27, 2023, 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 2023 CPD Programs:
2023 FEDERAL ENTITLEMENT FORMULA GRANTS AWARDED TO THE CITY Community Development Block Grant (CDBG) $7,351,600
HOME Investment Partnership (HOME) $2,935,667
Housing Opportunities for Persons with AIDS (HOPWA) $3,722,566 Emergency Solutions Grant (ESG) $654,765
Total $14,664,598
Table 1
; 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 23-01 in February 2023 as guidance to CDBG, HOME, HOPWA, and ESG formula grantees for submitting Annual Action Plans (AAP) for Fiscal Year (FY) 2023/2024 FY 2023/2024 AAP; and
WHEREAS, CPD Notice 23-01 instructs all CDBG, HOME, HOPWA and ESG grantees that Plans (AAP or Consolidated Plans) should be submitted to HUD at least 45 days before the start date of the program year, and no later than August 16, 2023; and
WHEREAS, a public hearing will be held June 20, 2023, for 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 2023/2024 and Back-up projects for CDBG in the case of delayed or canceled CDBG projects; and,
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 Loan Program Income is utilized and reported annually to HUD as leveraging for CDBG funds awarded to the City; and
3 of 5
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 Backup activities identified in Exhibit A of this resolution; 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 2023/2024 as indicated in Table 1 above; and be it
FURTHER RESOLVED: That the CDBG grant funds in the amount of $7,351,600 shall be appropriated to Fund 2108 (HUD-CDBG Fund), HOME grant funds in the amount of $2,935,667 shall be appropriated to Fund 2109 ( HUD-HOME Fund), and the HOPWA and ESG grant funds in the total amount of $4,377,331 shall be appropriated to Fund 2103 (HUD-HOPWA and HUD-ESG Fund); and be it FURTHER RESOLVED: That the City Council hereby appropriates up to $850,000 in Revolving Loan Fund Program Income to Fund 2108, to be used for housing rehabilitation services for FY 2023/2024; and be it 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 Exhibit A attached herein; 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 2023/2024 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 2023/24 Budget for Central Service Overhead (CSO) costs related to the HOPWA and ESG programs in amounts equivalent to the 4 of 5
Department of Human Services FY 2023/2024-CSO costs estimated to be $11,836 for ESG and $17,220, for HOPWA; and be it
FURTHER RESOLVED: That the City Administrator is authorized to negotiate and enter into agreements with the third-party contractors and subrecipients for the projects and activities and up to the amounts set forth in Exhibit A attached hereto; and for backup projects and activities, if any, up to the amounts set forth and previously authorized by Resolution 88710 C.M.S., passed June 15, 2021, without returning to Council, and be it 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
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, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND PRESIDENT
FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the City
of Oakland, California
3278833v1 / SW
EXHIBIT A
PROJECT Line AWARDEE Project Numbers CDBG FY 22/23
Up To
CDBG CARRY-
FORWARD- Up
To
REVOLVING
LOAN
PROGRAM Up
HOME HOPWA ESG TOTAL
City of Oakland
Housing & Community
Development
HOPWA - Grantee
Administration FY
2023/24-2026/27
1 City of Oakland 1006666 $ 111,677 $ 111,677 City of Oakland
Housing & Community
Development
HOPWA-Facility
Based Operating
Costs fy 2023/24-
2026/27
2 Alameda County
Healthy Homes
Department
1006666 $ 990,000 $ 990,000
City of Oakland
Housing & Community
Development
HOPWA-Project
Sponsor Admin. fy
2023/24-2026/27
3 Alameda County
Healthy Homes
Department
1006666 $ 47,962 $ 47,962
City of Oakland
Housing & Community
Development
HOPWA-Information
and Referral fy
2023/24-2026/27
4 Alameda County
Healthy Homes
Department - Eden
I & R
1006666 $ 195,573 $ 195,573
City of Oakland
Housing & Community
Development
HOPWA-Project
Sponsor Admin. fy
2023/24-2026/27
5 Alameda County
Healthy Homes
Department - Eden
I & R
1006666 $ 11,445 $ 11,445
City of Oakland
Housing & Community
Development
HOPWA-Permanent
Housing Placement
fy 2023/24-2026/27
6 Alameda County
Healthy Homes
Department - East
Oakland
Community Project
1006666 $ 34,375 $ 34,375
City of Oakland
Housing & Community
Development
HOPWA-Information
& Referral 2023/24-
2026/27
7 Alameda County
Healthy Homes
Department - East
Oakland
Community Project
1006666 $ 56,250 $ 56,250
City of Oakland
Housing & Community
Development
HOPWA-Support
Services FY 2023/24-
2026/27
8 Alameda County
Healthy Homes
Department - East
Oakland
Community Project
1006666 $ 245,675 $ 245,675
City of Oakland
Housing & Community
Development
HOPWA-Support
Services FY 2023/24-
2026/27
9 Alameda County
Healthy Homes
Department - East
Bay Innovations
1006666 $ 38,678 $ 38,678
City of Oakland
Housing & Community
Development
HOPWA-Short Term
Rent Mortgage &
Utilities 2023/24-
2026/27
10 Alameda County
Healthy Homes
Department -AIDS
Project of the East
Bay
1006666 $ 381,285 $ 381,285
City of Oakland
Housing & Community
Development
HOPWA-Tenant
Based Rental
Assistance FY
2023/24-2026/27
11 Alameda County
Healthy Homes
Department -AIDS
Project of the East
Bay
1006666 $ 439,413 $ 439,413
CDBG, HOME, ESG, HOPWA 2023/24 ALLOCATIONS
1 City of Oakland
Housing & Community
Development
HOPWA-Support
Services FY 2023/24-
2026/27
12 Alameda County
Healthy Homes
Department -
Resources for
Community
Development
1006666 $ 54,400 $ 54,400
City of Oakland
Housing & Community
Development
HOPWA-Short Term
Rent, Mortgage and
13 Contra Costa
County
1006666 $ 70,000 $ 70,000
City of Oakland
Housing & Community
Development
HOPWA-Information
& Referrals FY
14 Contra Costa
County
1006666 $ 253,708 $ 253,708
City of Oakland
Housing & Community
Development
HOPWA-Permanent
Housing Placement
15 Contra Costa
County
1006666 $ 31,500 $ 31,500
City of Oakland
Housing & Community
Development
HOPWA-Support
Services FY 2023/24-
16 Contra Costa
County
1006666 $ 590,364 $ 590,364
City of Oakland
Housing & Community
Development
HOPWA-Project
Sponsor Admin. FY
17 Contra Costa
County
1006666 $ 71,172 $ 71,172
City of Oakland
Housing & Community
Development
HOPWA-
Unallocated
FY 2023/24-2026/27
18 Contra Costa
County
1006666 $ 99,089 $ 99,089
City of Oakland
Housing and
Community
Development Minor
Home Repair Program
19 Alameda County
Healthy Homes
Department
1006861 -$98,112
CF 1006231
$31,088
CF 1001107
$30,000
$ 98,112 $ 61,088 $ 159,200 City of Oakland
Access Improvement
Project and Lead Safe
Painting
20 City of Oakland
HCD Residential
Lending/Rehabiliatio
n
1006863 CF
1005945
$ 301,000 $ 139,000 $ 440,000 Affordable Housing
Funding New
Construction/Rehabilit
ation of Affordable
Rental Housing
21 City of Oakland
HCD/ Housing
Development
Services
1000379 $ 293,567 $ 293,567
Affordable Housing
Funding New
Construction/Rehabilit
ation of Affordable
Rental Housing
22 City of Oakland
HCD/ Housing
Development
Services
1000379 $2,642,100 $ 2,642,100
Emergency Home
Repair Program &
Home Maintenance &
Improvement Program
23 City of Oakland
HCD Residential
Lending/Rehabiliatio
n
1006865 CDBG
1006868 RLPI
$ 69,891 $ 850,000 $ 919,891 Department of Human
Services/ Admin
24 Community Housing
Services
Administration
1006654 $ 495,462 $ 495,462
Department of Human
Services/ Program
Delivery
25 Community Housing
Services Program
Delivery
1006660 $ 240,327 $ 240,327
Department of Human
Services/ PATH Set
Aside
26 East Oakland
Community Project
Operations/Abode -
for PATH 3rd Party
Agreements
EOCP- 1006683-
$158,244
PATH- 1006661-
$246,772
$ 405,016 $ 405,016
PATH ESG Admin 27 City of Oakland
/HSD/CHS
1006663 $ 49,107 $ 49,107
PATH ESG Grant
Agreements
28 City of Oakland
/HSD/CHS
1006663 $ 605,658 $ 605,658
City of Oakland
Business Assistance
29 Economic
Workforce
Development
1006870 $ 310,858 $ 310,858
City of Oakland HCD
Fair Housing
30 East Bay
Community Law
Center
1006872 $ 261,476 $ 261,476
2 City of Oakland HCD
Fair Chance
Ordinance
31 To Be Determined 1006874
CDBG CF
1006448
$ 90,000 $ 90,000 $ 180,000 Code Compliance
Relocation Program
32 City of Oakland
HCD/Community
Development
Engagement
1006876
CDBG CF
1006232
$ 132,000 $ 130,000 $ 262,000 AntiDiscplacement
Info and Referral &
Relocation Staff
33 City of Oakland
HCD/Community
Development
Engagement
1006882 $ 181,000 $ 181,000
Rehabiliation Program
Delivery
34 City of Oakland
HCD/Res. Lending -
Rehabilitation
1006880 $ 785,826 $ 785,826
CDBG Program
Administration
35 City of Oakland
Community
Development &
Engagement
1006883 $ 742,623 $ 742,623
CDBG Program
Delivery
36 City of Oakland
Community
Development &
Engagement
1006883 $ 601,635 $ 601,635
Commercial Lending 37 Main Street Launch 1006888 $ 300,000 $ 300,000 Housing
Stability/Housing
Related Legal and
Rental Assistance*
38 Homeless
Prevention/Intervent
ion Agency
1006890 $ 494,897 $ 494,897
Acquisition for support
of affordable housing
39 City of
Oakland/HCD
Protection and
Preservation
1006892 $ 1,841,477 $ 1,841,477
Totals $ 7,351,600 $ 420,088 $ 850,000 $2,935,667 $3,722,566 $ 654,765 $ 15,934,686
EXHIBIT A
BACK UP
PROJECTS
AWARDEE Project Numbers
(To be
Determined Upon
CDBG FY 22/23
- Allocations
Up To
CDBG CARRY-
FORWARD -
Allocations Up
REVOLVING
LOAN
PROGRAM-
Homeless
Prevention/Interventio
n. Wrap around
services and short
term financial
assistance. (Subject
to public service cap
unless funded with
2019 and 2020 CDBG
Funds
BU1 $ 500,000 $ 500,000
Residential Lending
Rehabilitation
Programs-
Preservation-Owner
Occupied
BU2 $ 200,000 $ 200,000 $ 500,000 Affordable Housing
Acquisition for Rehab-
Production (New
construction not
eligible under CDBG)
BU3 $ 2,000,000 $ 500,000 $ 500,000 Interim Assistance-
Emergency
Conditions
BU4 $ 600,000 $ 600,000 $ 500,000 Code Enforcement
Relocation
BU5 $ 250,000 $ 250,000
Pre-Approved Back-Up projects to be funded with CDBG funds in case of delay, cancelation or deobligation of current and prior year (carryforward) CDBG funds for projects listed as part of this legislation or under either of the 2020/21 - 2024/25 Five Year Consolidated Plan or 2020/21 - 2023/24 Annual Action Plans. 3