Approved as to Form and Legality
___________________________
City Attorney’s Office
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION:
1) AUTHORIZING THE CITY ADMINISTRATOR TO PREPARE
AND SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING
& URBAN DEVELOPMENT (HUD), A FIRST SUBSTANTIAL
AMENDMENT TO THE CITY OF OAKLAND’S ANNUAL ACTION PLAN
FOR FISCAL YEAR 2024/ 25 TO UPDATE MULTI PLE ALLOCATIONS FOR CURRENT- AND PRIOR-YEAR HUD GRANTS;
2) AMENDING RESOLUTION NO. 90372 C.M.S., WHICH AMONG
OTHER THINGS, INCLUDED EXHIBI T A ALLOCATIONS AND A LIST
OF ELIGIBLE BACKUP ACTIVITIES TO BE FUNDED WITH FUNDS
THAT BECOME AVAILABLE AS A RESULT OF PROJECTS BEING
COMPLETED UNDER BUDGET, DELAYED, CANCELLED OR
REPRIORITIZED, TO MODIFY SAID RESOLUTION TO REFLECT
UPDATED ALLOCATIONS AS DESC RIBED IN AMENDED EXHIBIT A
AND AN UPDATED LIST OF ELIGI BLE BACKUP ACTIVITIES TO BE
FUNDED WITH GRANT FUNDS TH AT BECOME AVAILABLE AS A
RESULT OF PROJECTS BEIN G COMPLETED UND ER BUDGET,
DELAYED, CANCELLED OR REPR IORITIZED, CONTINGENT UPON
AVAILABLE FUNDING FROM HUD;
3) AMENDING THE CITIZEN PARTICIPATION PLAN TO
INCREASE THE THRESHOLD OF WHAT CONSTITUTES A
SUBSTANTIAL AMENDMENT TO AN ACTIVITY-LEVEL
REALLOCATION ACTION THAT SHIFTS MORE THAN TWENTY
PERCENT OF THE ANNUAL GRANT AWARD AMOUNT; AND
4) AUTHORIZING THE CITY ADMINISTRATOR TO AWARD
AGREEMENTS FOR ACTIVITIES AS SET FORTH IN EXHIBIT A AND
THE LIST OF ELIGIBLE BACKUP ACTIVITIES TO BE FUNDED WITH
GRANT FUNDS THAT BECOME AVAILABLE AS A RESULT OF
PROJECTS BEING COMPLETED UNDER BUDGET, DELAYED,
CANCELLED OR REPRIORITIZED, ATTACHED HERETO, AND THE
CITY’S AMENDED FISCAL YEAR 2024/25 ANNUAL ACTION PLAN
INCLUSIVE OF PRIOR-YEAR FUNDING AVAILABILITY, SUBJECT TO
2 COMPLIANCE WITH ANY APPLIC ABLE COMPETITIVE BIDDING
REQUIREMENTS, WITHOUT RETURNING TO COUNCIL
WHEREAS, the City of Oakland (City) receives annual allocations of funding from the United States Department of Housing and Urban Development (HUD), including the Community Development Block Grant (CDB G) Program, Housing Opportuni ties for Persons With AIDS (HOPWA) Program, HOME Investme nt Partnerships (HOME) Program, and th e Emergency Solutions Grants (ESG) Program; and
WHEREAS, on May 7, 2024, HUD announced allocation of formula grants to the City in the following amounts for 2024 Community Planning & Development (CPD) Programs:
2024 FEDERAL ENTITLEMENT FORMULA GRANTS AWARDED TO THE CITY
; and
WHEREAS, Title 24, Part 91, Subpart A of the C ode of Federal Regul ations (24 C.F.R
91.1, et seq.) requires the City to prepare and submit to HUD an Annual Action Plan in order to receive the above-noted HUD CPD funding awards; and
WHEREAS, HUD released CPD Noti ce 24-01 in February 2024 as guidance to CDBG, HOME, HOPWA, and ESG formula grantees for submitting Annual Action Plans for Fiscal Year 2024/25; and
WHEREAS, the City Council held public hearings on July 16 and December 17, 2024 and approved the Fiscal Year 2024/25 Annual Action Plans via Resolution No. 90372; and
WHEREAS, Resolution No. 90372 authorized the expenditure of funds on a list of projects contained in “Exhibit A” of the Annual Action Plan as well as providing conditional authorization for the expenditure of funds on a list of eligible backup activities to be funded with federal funds that become available as a result of projects being completed under budget, delayed, or cancelled; and
WHEREAS, the award of federal funds in the CDBG, HOME, HOPWA, and ESG programs is conditioned on the timely expenditure of awarded funds; and
WHEREAS, since the adoption of the Fiscal Year 2024/25 Annual Action Plan, staff have identified new uses for federal funds that will most effectively advance the City’s housing and Community Development Block Grant (CDBG) $7,484,410
HOME Investment Partnerships (HOME) $2,368,547
Housing Opportunities for Persons With AIDS (HOPWA) $3,761,466 Emergency Solutions Grants (ESG) $646,128
Total $14,260,551
3 community development objectives , as described in the Hous ing & Community Development Department’s 2023-2027 Strategic Action Plan; and
WHEREAS, amending the Annual Action Plan will al low for the most efficient use of federal funding from the current and previous program years; and
WHEREAS, authorizing staff to award agreements without return to Council, whilst still complying with the City’s competitive bidding procedures, would expedite the delivery of housing and community development activities and ensure compliance with federal regulations on the timely expenditure of grant funds; now, therefore, be it
RESOLVED: That the City Council am ends Resolution No. 90372 to amend the Fiscal Year 2024/25 Annual Action Plan to adopt the updated “Exhibit A” list of projects and list of eligible backup activities to be funded with grant funds that become available as a result of projects being completed under budget, delayed, cancelled or reprioritized, contingent upon available funding from the U.S. Department of Housing & Urban Development, as attached to this Resolution; and be it
FURTHER RESOLVED: That the City Council authorizes the City Administrator enter into agreements to implement the projects listed in the updated Exhibit A and list of eligible backup activities, subject to th e City’s competitive bidding requirements, without return to Council; and be it
FURTHER RESOLVED: That the City Council authorizes the City Administrator to reprogram funds from the CDBG, ESG, HOME, and HOPWA programs in the Fiscal Year 2024/25 and in previous program years, and to take associated actions to use those reprogrammed funds, without return to Council; and be it
FURTHER RESOLVED: That the City Council authorizes the City Administrator to transfer CDBG, ESG, HOME, and HOPWA funds be tween different budget accounts and fiscal years without return to Council; and be it
FURTHER RESOLVED: That the City Council authorizes the City Administrator to amend the Citizen Participation Plan for CDBG, ESG, HOME, and HOPWA funds to increase the threshold of what constitutes a substantial amendment to an activity-level reallocation action that shifts more than twenty percent of the annual grant award amount; and be it
4 FURTHER RESOLVED: That the City Council authorizes the City Administrator to incorporate all public comments received on this substantial amendment to Oakland’s Fiscal Year 2024/25 Annual Action Plan and take all action necessary to submit this substantial amendment to the HUD.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES -
BROWN, FIFE, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND PRESIDENT
PRO TEMPORE GALLO
NOES –
ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303) ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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