HomeMy WebLinkAbout22 - CDBG - 2025-29 Consolidated Plan, 2025-26 Annual Action Plan, and Citizen Participation Plan AmendmentQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
July 22, 2025
Agenda Item No. 22
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Lauren Wooding Whitlinger, Real Property Administrator - 949-644-
3236, Iwooding@newportbeachca.gov
TITLE: Resolution No. 2025-51: Community Development Block Grant —
2025-29 Consolidated Plan, 2025-26 Annual Action Plan, and Citizen
Participation Plan Amendment
ABSTRACT:
The U.S. Department of Housing and Urban Development (HUD) requires the City of
Newport Beach to prepare and submit a Consolidated Plan to establish the housing and
community development priorities for Newport Beach for the next five years under the
Community Development Block Grant (CDBG) Program. The Consolidated Plan is a
roadmap describing how the City will spend CDBG funds in fiscal years 2025-26 through
2029-30, on projects and programs that benefit low- and moderate -income residents.
The one-year Action Plan allocates $402,015 of CDBG funds to specific programs and
projects in the upcoming 2025-26 fiscal year and meets the goals of the proposed
2025-29 Consolidated Plan.
The Citizen Participation Plan outlines how the public may participate in developing the
Consolidated Plan, the Action Plans, and other reports and plans related to the
CDBG Program. The Citizen Participation Plan amendment reflects updates to City and
HUD procedures since the plan was last updated in 2020. The three documents were
prepared and made available for the HUD -required 30-day public review and comment
period, which began on June 21, 2025, and concludes with the public hearing before the
City Council on July 22, 2025.
RECOMMENDATIONS:
a) Conduct a public hearing to receive comments on the Draft 2025-29 Consolidated
Plan, Draft 2025-26 Action Plan, and Draft Citizen Participation Plan Amendment;
b) Find the approval of the 2025-29 Consolidated Plan, 2025-26 Action Plan, and
Citizen Participation Plan Amendment exempt from the National Environmental Policy
Act NEPA pursuant to 24 CFR Part 58, Section 58.34;
c) Find the approval of the 2025-29 Consolidated Plan, 2025-26 Action Plan, and Citizen
Participation Plan Amendment are exempt from the California Environmental Quality
Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
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Resolution No. 2025-51: Community Development Block Grant—2025-29
Consolidated Plan, 2025-26 Annual Action Plan, and Citizen Participation
Plan Amendment
July 22, 2025
Page 2
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly;
d) Adopt Resolution No. 2025-51, A Resolution of the City Council of the City of Newport
Beach, California, Approving the 2025-2029 Consolidated Plan, the 2025-2026
Annual Action Plan, and the Citizen Participation Plan for the Federal Community
Development Block Grant Program;
e) Authorize the City Manager to:
1. Submit the 2025-29 Consolidated Plan, 2025-29 Action Plan, and Citizen
Participation Plan Amendment to U.S. Department of Housing and Urban
Development (HUD);
2. Execute the 2025-26 Community Development Block Grant (CDBG) Program
Grant Agreement and all related documents on behalf of the City;
3. Execute the sub -recipient agreements with the nonprofit organizations receiving
allocations of CDBG funds in the Action Plan; and
4. Authorize the community development director, or their designee, to be the official
representative of the City of Newport Beach, and to submit required environmental
documentation for CDBG projects; and
f) Authorize the City Manager and City Clerk to execute a five-year Professional
Services Agreement with Michael Baker International, Inc. for CDBG program
administration and affordable housing monitoring.
DISCUSSION:
The City receives a formula grant allocation of CDBG funds each year from the federal
government, through HUD. The objective of the CDBG program is to develop viable urban
communities by providing suitable housing and expanding economic opportunities for
low- and moderate -income residents. CDBG funds may be used for a variety of programs,
services and facility improvements, such as:
• Community and senior services
• Fair housing services and landlord/ tenant dispute resolution
• Homelessness prevention and social services
• Public facilities and infrastructure improvements
• Disabled (Americans with Disabilities Act) accessibility improvements
• Housing programs
• Section 108 loan payments
According to CDBG regulation, the City may spend up to 20% of the annual formula grant
allocation of CDBG funds on program administration.
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Resolution No. 2025-51: Community Development Block Grant—2025-29
Consolidated Plan, 2025-26 Annual Action Plan, and Citizen Participation
Plan Amendment
July 22, 2025
Page 3
Fifteen percent of the grant allocation may be used for community services such as senior
meal delivery or homeless prevention programs. The remaining amount of funding may
be used for economic development programs like grants to small businesses, or for
projects such as street and sidewalk improvements, disabled accessibility improvements,
or public facilities improvements such as the construction or rehabilitation of park and
recreational facilities, provided the projects meet applicable CDBG regulations and
national objectives.
Program History
Since July 1, 1989, the City has received a total direct allocation of approximately $16.4
million in CDBG funds from HUD, with annual allocations ranging from a low of $319,676
in 2017, to a high of $1,333,178 in 2020 with the additional allocation of COVID-19 relief
funds. The 2025-26 formula grant allocation is $402,015.
Each year, the City also uses a portion of the funds reserved for program administration
to comply with Fair Housing Act requirements and make fair housing enforcement and
landlord/tenant mediation services available to the community. These services have been
provided at no cost to City of Newport Beach residents by the Fair Housing Foundation
since 2011.
Consolidated Plan. Action Plan. and Citizen Participation Plan
To be eligible for CDBG grants, every five years the City must prepare and submit a
Consolidated Plan, and while this is normally completed prior to the beginning of the
program year on July 1, the City is still within the statutory time limits and will submit the
reports to HUD before the outside deadline in August. The City operates on a fiscal year
from July 1 through June 30.
The Consolidated Plan examines housing and community development needs in Newport
Beach and outlines the City' s priorities, objectives and strategies for investment of CDBG
funds to address those needs over the next five years.
The Action Plan details how next fiscal year's funding will be specifically allocated and
describes how those specific projects address the priorities outlined in the Consolidated
Plan. Staff's expenditure recommendations for funding for fiscal year 2025-26 are
provided below.
The Citizen Participation Plan is updated with every new Consolidated Plan and describes
the City's policies and procedures for obtaining input from citizens and other interested
parties when preparing the various planning documents and summary reports related to
administration of the CDBG program. It is a requisite for receiving CDBG funds.
The Citizen Participation Plan covers the Consolidated Plan, each subsequent annual
Action Plan, as well as each of the fiscal year-end Consolidated Annual Performance and
Evaluation Reports, as well as any amendments to the Consolidated Plan or its five
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Resolution No. 2025-51: Community Development Block Grant—2025-29
Consolidated Plan, 2025-26 Annual Action Plan, and Citizen Participation
Plan Amendment
July 22, 2025
Page 4
annual Action Plans. The City's adopted Citizen Participation Plan was last updated and
approved by the City Council in 2020.
Communitv Outreach
Staff held a community meeting on Monday, June 9, 2025, to solicit feedback from
residents and other interested parties, and to identify the community's priorities for the
CDBG program funds. A community survey was made available at the meeting, through
a link on the City' s website and social media channels, and via email communications to
interested parties. The City received 48 survey responses. Based on this outreach and
the data evaluated in preparation of the Draft 2025-29 Consolidated Plan, the following
priorities were identified and will serve as the basis for CDBG program funding decisions
over the next five years:
• Ensure equal access to housing opportunities
• Provide public services for low- and moderate -income residents
• Improve public facilities and infrastructure
• Address material barriers to accessibility
• Promote economic development
• Prevent and eliminate homelessness
On June 21, 2025, a notice was published in the Daily Pilot informing the general public
the City had prepared the Draft 2025-29 Consolidated Plan and Draft 2025-26 Action Plan
(Exhibit A to Attachment A), and Draft Citizen Participation Plan Amendment (Exhibit B
to Attachment A), and the documents would be available for review and comment until
the public hearing on July 22, 2025. The public was provided with an opportunity to
provide oral and/or written comments on the three draft plans and the proposed activities
for funding in the upcoming fiscal year. To date, no public comments have been received.
Additionally, the currently adopted Citizen Participation Plan requires that a public hearing
be held to receive testimony from interested residents or parties regarding the Action
Plan. The July 22, 2025, public hearing fulfills this requirement.
Draft 2025-26 Annual Action Plan
On January 18, 2025, the City published a Notice of Funding Availability (NOFA) in the
Daily Pilot newspaper and on the City website, to announce the availability of CDBG funds
for Fiscal Year 2025-26 and to solicit proposals from nonprofit organizations that provide
eligible CDBG services or projects that benefit Newport Beach residents.
The City received applications from five organizations requesting CDBG grants. In
consideration of the funding available, the amount of funding requested, past
performance, anticipated benefit to Newport Beach residents, and City priorities, staff
recommends program / project funding levels in the Annual Action Plan as outlined in
Table 1 on the next page.
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Resolution No. 2025-51: Community Development Block Grant—2025-29
Consolidated Plan, 2025-26 Annual Action Plan, and Citizen Participation
Plan Amendment
July 22, 2025
Page 5
The 2025-26 CDBG allocation from HUD will be $402,015; which together with $315,000
of program income, totals $717,015 available for program year 2025-26.
CDBG Ad Hoc Committee
On February 11, 2025, the City Council formed the Community Development Block Grant
Ad Hoc Advisory Committee (Committee) with Mayor Pro Tern Lauren Kleiman and City
Councilmember Sara J. Weber. The purpose of the committee is to review the
applications received for the public service programs funded by CDBG and to recommend
which organizations to fund. On March 6, 2025, the Committee held a meeting to review
the grant applications. The recommendations are as follows:
Table 1
Category
Requested
Recommended
Public Services (subject to 15% grant cap)
Limit of $60,302
Meals on Wheels OC: Home Delivered Meals
$30,000
$30,000
Newport Beach: City Motel Voucher Program
$30,000
$30,000
Newport Beach Housing Fund
$50,000
$0
Administration (subject to 20% grant cap)
Limit of $80,403
CDBG Program Administration
$80,700
$80,700
Fair Housing Foundation: Fair Housing Services
$12,000
$12,000
Capital Projects
$261,310
Trellis International: Senior Home Maintenance
$15,000
$0
Total
$217,700
$152,700
In consideration of the amount of public service funding available and the amounts
requested pursuant to the NOFA, the Committee does not recommend funding the
Newport Beach Housing Fund. The application did not clearly demonstrate how specific
projects would be accomplished during the fiscal year, and funding the applicant would
preclude the City's ability to fund the requests of existing public service providers serving
senior citizens and people experiencing homelessness.
With the proposed funding levels shown in the table above, Meals on Wheels OC plans
to serve approximately 100 Newport Beach residents during the 2025-26 fiscal year. In
Newport Beach, the home -delivered meals program focuses on serving senior citizens,
who account for approximately 22% of Newport Beach's overall population.
In supporting the Police Department's efforts towards addressing homelessness, the
Committee also recommends allocating funding to supplement the City's motel voucher
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Resolution No. 2025-51: Community Development Block Grant—2025-29
Consolidated Plan, 2025-26 Annual Action Plan, and Citizen Participation
Plan Amendment
July 22, 2025
Page 6
program. The funding will provide approximately 30 individuals with short-term lodging
while working to address their long-term housing and service needs.
The Committee does not recommend funding Trellis International's application for a
low- and moderate -income senior home maintenance program this year. An allocation of
$15,000 was provided to Trellis International under the 2024-25 Annual Action Plan and
no information to support qualifying projects has been submitted to the City to date.
The Draft 2025-26 Annual Action Plan describes each program. Each of the programs
and projects recommended are contemplated within the priorities of the proposed
2025-29 Consolidated Plan.
CDBG Administration and Affordable Housing Monitoring Consultant
The City utilizes a consultant to assist with the preparation of the various action plans and
reports, which are submitted to HUD each year, evidencing how the grant funds are being
used in strict compliance with HUD's extensive regulations.
Pursuant to a Request for Proposals (RFP 25-16), the City selected a new CDBG program
administration and affordable housing monitoring consultant, Michael Baker International,
Inc., who will administer the program for each of the five fiscal years under the proposed
2025-29 Consolidated Plan.
The proposed Professional Services Agreement (Agreement) (Attachment B) with
Michael Baker International, Inc. will run for a term of five years from July 22, 2025,
through June 30, 2030, with a not -to -exceed contract amount of $396,250. The
Agreement uses the City's standard template, including the standard required insurance
coverage. The Agreement has been prepared by the City Attorney's Office and has been
approved as to form.
Table 2 below includes a summary of the costs included in the proposed Agreement:
Table 2
Fiscal Year
Activity
Amount
2025-2026
CDBG Administration & Reports
$45,000
Affordable Housing Monitoring
$10,500
2026-2027
CDBG Administration & Reports
$63,500
Affordable Housing Monitoring
$11,025
2027-2028
CDBG Administration & Reports
$66,600
Affordable Housing Monitoring
$11,575
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Resolution No. 2025-51: Community Development Block Grant—2025-29
Consolidated Plan, 2025-26 Annual Action Plan, and Citizen Participation
Plan Amendment
July 22, 2025
Page 7
2028-2029
CDBG Administration & Reports
$69,475
Affordable Housing Monitoring
$12,200
2029-2030
CDBG Administration & Reports
$72,725
Affordable Housing Monitoring
$8,450
2024-2025
CDBG CAPER
$20,000
General
Audit/update existing files
$5,200
Total:
$396,250
FISCAL IMPACT:
There is no fiscal impact on the General Fund related to this item. This item provides for
City Council approval of the expenditure of $402,015 in CDBG funds for the 2025-26 fiscal
year. The funding for the Agreement will also be allocated from the federal CDBG funds.
The costs associated with staff management of the CDBG program are approximately
$17,000 per year and enough staff resources have been budgeted with the City's fiscal
year 2025-26 budget. Funding for future years will be submitted for the City Council's
approval through a CDBG Annual Action Plan in advance of that fiscal year.
The revenues and expenditures will be posted to the CDBG Funds accounts in the
Community Development Department (120-12050502).
ENVIRONMENTAL REVIEW:
The development of required plans and allocation of CDBG program funds is an
administrative activity exempt under 24 FIR Part 58, Section 58. 34 of the National
Environmental Policy Act of 1969 (NEPA), as amended.
Staff recommends the City Council find approval of the 2025-29 Consolidated Plan,
2025-26 Action Plan, and Citizen Participation Plan Amendment are not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
In accordance with HUD requirements for a 30-day public review and comment period,
notice of the public hearing was published in the Daily Pilot on June 21, 2025.
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Resolution No. 2025-51: Community Development Block Grant—2025-29
Consolidated Plan, 2025-26 Annual Action Plan, and Citizen Participation
Plan Amendment
July 22, 2025
Page 8
Notice was also sent to each of the applicants requesting funding and emailed to all
parties that have signed up to receive notifications from the Planning Division. Further,
the agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Resolution No. 2025-51
Attachment B — Professional Services Agreement
22-8
Attachment A
Resolution No. 2025-51
22-9
RESOLUTION NO. 2025- 51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING THE
2025-2029 CONSOLIDATED PLAN, 2025-2026 ANNUAL
ACTION PLAN, AND CITIZEN PARTICIPATION PLAN
FOR THE FEDERAL COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
WHEREAS, the City of Newport Beach ("City") participates in the United States
Department of Housing and Urban Development's ("HUD") Community Development
Block Grant ("CDBG") program;
WHEREAS, HUD requires the City to prepare a Five Year Consolidated Plan for
the use of HUD grant programs outlining the use of the grants and the strategic vision for
housing and community development in the city;
WHEREAS, the current 2020-2025 Consolidated Plan, adopted on May 12, 2020
and amended on July 14, 2020 and July 13, 2021, will expire on June 30 2025;
WHEREAS, HUD also requires the City to prepare an annual action plan for the
appropriation of the CDBG annual grant;
WHEREAS, the City anticipates receiving $402,015 in grant funds for the 2025-
2026 program year, and the draft 2025-2026 Annual Action Plan appropriates these funds
along with funds from prior program years to various projects and programs that are
deemed consistent with the draft 2025-2029 Consolidated Plan and HUD requirements;
WHEREAS, the consolidated plan process ensures that citizens within the
community have an opportunity to participate in the identification of the City's housing
and community development goals and policies, and the preparation of specific actions
or projects proposed to address the City's goals and needs through a citizen participation
plan;
WHEREAS, the City's adopted Citizen Participation Plan was last updated in
2020, and with every new Five Year Consolidated Plan, the City reviews the plan and
makes necessary amendments to the Citizen Participation Plan ("Citizen Participation
Plan");
22-10
Resolution No. 2025-
Page 2 of 4
WHEREAS, on January 18, 2025, in accordance with the Citizen Participation
Plan, a Notice of Funding Availability was published in the Daily Pilot newspaper and sent
to known non-profit community organizations currently operating within the city requesting
proposals from non-profit organizations to provide public services to low- and moderate -
income residents within the city and to provide fair housing services to all residents of the
community;
WHEREAS, four proposals to provide public services and one proposal to provide
fair housing services were received by the City;
WHEREAS, the City prepared the 2025-2029 Consolidated Plan and the 2025-
2026 Annual Action Plan in accordance with applicable sections of 24 Code of Federal
Regulations ("C.F.R.") Part 91;
WHEREAS, the development of the 2025-2029 Consolidated Plan and the 2025-
2026 Annual Action Plan involved a citizen participation process including a noticed
community meeting held on June 9, 2025, and a needs assessment survey inviting both
the community and community based organizations to work in partnership with the City
to identify needs and allocate CDBG funds;
WHEREAS, the City published in the Daily Pilot newspaper on June 21, 2025,
notice that the draft 2025-2029 Five Year Consolidated Plan, the 2025-2026 Annual
Action Plan, and the Citizen Participation Plan would be available to the public for review
and comment from June 21, 2025 to July 22, 2025; and
WHEREAS, a public hearing was held by the City Council on July 22, 2025, in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach, California
regarding the draft 2025-2029 Consolidated Plan, the 2025-2026 Annual Action Plan, and
the Citizen Participation Plan. A notice of time, place and purpose of the public hearing
was given in accordance with the California Government Code Section 54950 et seq. and
24 C.F.R Part 91.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve the 2025-2029 Consolidated
Plan and the 2025-2026 Annual Action Plan attached hereto as Attachment "A" of this
resolution, which is incorporated herein by reference. The City Council does hereby
approve the Citizen Participation Plan attached hereto as Attachment "B" of this
resolution, which is incorporated herein by reference.
22-11
Resolution No. 2025-
Page 3 of 4
Section 2: The City Council does hereby authorize: (a) the City Manager, or
his/her designee, to: 1) submit the 2025-2029 Consolidated Plan, 2025-2026 Annual
Action Plan, and the Citizen Participation Plan to HUD; 2) execute the Fiscal Year 2025-
2026 CDBG Program Grant Agreement and all related documents on behalf of the City;
and 3) execute all subrecipient agreements with the nonprofit organizations receiving
allocations of CDBG funds in the Action Plan; and (b) the Community Development
Director, or his/her designee, to be the official representative of the City to administer the
program and submit required environmental documentation to HUD for CDBG projects.
Section 3: The City Council finds the development of required plans and
allocation of CDBG program funds is an administrative activity exempt under 24 C.F.R.
Part 58, Section 58.34 of the National Environmental Policy Act of 1969 ("NEPA"), as
amended.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
22-12
Resolution No. 2025-
Page 4 of 4
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 22nd day of July, 2025.
Joe Stapleton
Mayor
ATTEST:
Molly Perry
Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A '�- C.
Aaron C. Harp
City Attorney
Attachment(s): Attachment A - 2025-2029 Consolidated Plan and 2025-2026
Annual Action Plan
Attachment B - Citizen Participation Plan
22-13
Attachment A
2025-2029 Consolidated Plan and 2025-2026 Annual Action Plan
File available via link due to size at:
https://www.newportbeachca.gov/Pin/PC TEMP LINK/CDBG Attachment%20A Draft%20ConPlan 07092025.pdf
22-14
Attachment B
Citizen Participation Plan
22-15
CITY OF NEWPORT BEACH
Citizen Participation Plan
U.S. Department of Housing and Urban Development Grant Programs
July 2025
DRAFT
Table of Contents
A. Encouragement of Citizen Participation............................................................ 2
B. Citizen Participation Plan.................................................................................. 3
1. Plan Development...........................................................................................3
2. Amendments..................................................................................................4
C. Five -Year Consolidated Plan..............................................................................5
1. Plan Development...........................................................................................6
2. Consolidated Plan Amendment..........................................................................8
D. Annual Action Plan............................................................................................9
1. Plan Development...........................................................................................9
2. Annual Action Plan Amendment....................................................................... 11
E. Consolidated Annual Performance and Evaluation Report (CAPER)..................12
1. Plan Development......................................................................................... 12
F. Assessment of Fair Housing(AFH)...................................................................13
1. Plan Development......................................................................................... 13
2. AFH Amendment........................................................................................... 14
G. Public Hearings, Notification and Access.........................................................15
1. Public Meetings and Hearings.......................................................................... 15
2. Documents for Public Review.......................................................................... 16
3. Access to Meetings........................................................................................ 17
4. Access to Consolidated Plan Documents and Records ......................................... 18
H. Technical Assistance........................................................................................18
I. Comments and Complaints............................................................................. 19
1. Comments....................................................................................................19
2. Complaints................................................................................................... 20
J. Language Access.............................................................................................20
K. Appeals...........................................................................................................20
L. Anti -Displacement and Relocation.....................................................................22
1. Background..................................................................................................22
2. What is Displacement?................................................................................... 22
3. What is a Displaced Person?........................................................................... 23
City of Newport Beach
Draft Citizen Participation Plan I July 2025
22-17
4. Persons Not Eligible for Assistance...............................................................23
5. Minimizing Displacement.............................................................................24
6. Anti -Displacement Policy.............................................................................24
7. Displacement Assistance.............................................................................25
8. One -For -One Replacement Dwelling Units.....................................................26
9. Decent, Safe and Sanitary Dwelling..............................................................26
M. Real Property Policies................................................................................. 26
1. Use of Real Property...................................................................................26
2. Real Property Acquisition............................................................................26
3. What is Real Property Acquisition?...............................................................27
4. Eligible Activities........................................................................................ 27
5. Environmental Review Process (24 CFR Part 58)............................................27
City of Newport Beach
Page 2
Draft Citizen Participation Plan I July 2025
22-18
Citizen Participation Plan
As required by the U.S. Department of Housing and Urban Development (HUD)
regulations found at 24 CFR 91.105, this Citizen Participation Plan sets forth the City
of Newport Beach's policies and procedures for providing citizens and other interested
parties with opportunities to participate in an advisory role in the planning,
implementation, and evaluation of the Community Development Block Grant (CDBG)
program. The purpose of the CDBG program is the provision of decent housing, a
suitable living environment, and expanded economic opportunities for low- and
moderate -income residents earning less than 80 percent of the Area Median Income,
or in predominantly low- and moderate -income neighborhoods where at least 51
percent of the households are low and moderate -income households.
As a recipient of CDBG funds, the City is required to produce the following
Consolidated Plan Documents:
1. Citizen Participation Plan - the City's policies and procedures for community
participation in the planning, implementation, and evaluation of the CDBG
program.
2. Assessment of Fair Housing (AFH) - a five-year plan completed by the
City individually or as part of a local consortium of other HUD grantees
pursuant to HUD guidance for the evaluation of local housing conditions,
economics, policies and practices and the extent to which these factors
impact the range of housing choices and opportunities available to all
residents in an environment free from discrimination.
3. Consolidated Plan - a five-year plan that documents the City of Newport
Beach's housing and community development needs, outlines strategies to
address those needs and identifies proposed program accomplishments.
4. Annual Action Plan - an annual plan that describes specific CDBG projects
and activities that will be undertaken over the course of the program year,
which runs from July 1 to June 30.
5. Consolidated Annual Performance and Evaluation Report (CAPER) - an
annual report that evaluates the City's accomplishments and use of CDBG
funds.
The HUD requirements for citizen participation do not restrict the responsibility or
authority of the City of Newport Beach for the development and execution of the
Consolidated Plan Documents, but rather facilitate citizen access to, and engagement
with the CDBG program.
In accordance with the regulations, the minimum annual number of public hearings
at which citizens may express their views concerning the Consolidated Plan
Documents shall be two (2) public hearings. These public hearings shall occur at two
different points during the program year. Additional public hearings and comment
periods will be held in the development of the AFH and the Consolidated Plan for
2025-2029 and in the event of substantial amendments to the Citizen Participation
Plan, Consolidated Plan, AFH, or Action Plan become necessary as described later in
this document.
City of Newport Beach
Page 3
Draft Citizen Participation Plan I July 2025
22-19
The City, at its discretion, may conduct additional outreach, public meetings or public
hearings as necessary to foster citizen access and engagement.
A. Encouragement of Citizen Participation
The City of Newport Beach provides for and encourages citizens to participate in the
development of the Citizen Participation Plan, Consolidated Plan, AFH, Action Plan,
and CAPER. The City encourages participation by low- and moderate -income
persons, particularly those living in slum and blighted areas (if any such areas are
formally designated) and in areas where CDBG funds are proposed to be used, and
by residents of predominantly low- and moderate -income neighborhoods'. The City
will also take appropriate actions to encourage the participation of all its citizens,
including minorities and non-English speaking persons, as well as persons with
disabilities.
The City will make a concerted effort to notify and encourage the participation of
citizens, local and regional institutions, the local Continuum of Care organization
addressing homelessness, and public and private organizations including businesses,
developers, nonprofit organizations, philanthropic organizations, community -based
and faith -based organizations, broadband internet service providers, organizations
engaged in narrowing the digital divide, agencies whose primary responsibilities
include the management of flood prone areas, public land or water resources,
emergency management agencies, state and local health service providers, social
service providers, fair housing organizations, state and local governments, public
housing agencies, affordable housing developers, businesses, community and faith
based organizations, and other stakeholders in the amendment of the Citizen
Participation Plan or the development of the AFH, Consolidated Plan, Annual Action
Plans through mailings (including electronic mailings), online postings and public
notices in the newspaper.
The City may also explore alternative public involvement techniques and quantitative
ways to measure efforts that encourage citizen participation in a shared vision for
change in communities and neighborhoods, and the review of program performance
as directed by the CDBG Advisory Committee comprised of the City Manager, the
Community Development Director and the Principal Planner. All communication,
public comments, and complaints concerning the Citizen Participation Plan and the
Consolidated Plan Documents should be directed to:
Real Property Administrator
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
(949) 644-3236
' Predominately low- and moderate -income neighborhoods are defined as those in which 51 % of the residents have incomes at or
below 80% of area median income, as determined with HUD -supplied data.
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B. Citizen Participation Plan
The following describes the process and procedures related to the development of
the Citizen Participation Plan.
a. Plan Development
The City's Citizen Participation Plan development procedures are outlined below.
Plan Considerations
As a part of the Citizen Participation Plan process, and prior to the adoption of
the Consolidated Plan, the City will make available the information required by
HUD. This information will be made available to citizens, public agencies, and
other interested parties.
The information to be supplied will include: the amount of funding that the City
expects to receive (including grant funds and program income, as applicable),
the range of activities that may be undertaken, and the estimated amount of
funds that will benefit persons of low- and moderate -income.
The City will also provide an assessment of community development and
housing needs and identify short-term and long-term community development
objectives directed toward the provision of decent housing and the expansion
of economic opportunities primarily for persons of low- and moderate -income.
ii. Plan Review and Comment
The draft Citizen Participation Plan shall be made available for public review
for a 30-day period. The Citizen Participation Plan shall be provided in a format
accessible to persons with disabilities upon request. Such formats may include,
but are not limited to providing oral, Braille, electronic or large print versions
of the plan to those visually impaired and delivering copies to those who are
homebound. The Citizen Participation Plan will encourage comment and
participation by minority and non-English speakers. Publication of the plan will
be advertised in other non-English languages as specified in the City's Limited
English Proficiency (LEP) Plan and translation services will be available upon
request.
Written comments will be accepted by the Community Development
Department Real Property Administrator or designee during the public review
period. A summary of all written comments and those received during the
public hearing as well as the City's responses will be attached to the Citizen
Participation Plan prior to submission to HUD.
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iii. Public Hearing
The City Council shall conduct a public hearing to accept oral public comments
on the draft Citizen Participation Plan. The City Council may approve or reject
the Citizen Participation Plan.
iv. Submittal to HUD
The Citizen Participation Plan shall be approved as a stand-alone document.
The City shall submit to HUD: the approved document, a summary of all
written comments and those received during the public hearing as well as the
City's responses, and proof of compliance with the minimum 30-day public
review and comment period requirement. A summary of any comments or
views not accepted and the reasons therefore shall be supplied to HUD.
b. Amendments
The City shall amend the Citizen Participation Plan using the following procedures,
as needed:
Amendment Considerations
The City shall amend the Citizen Participation Plan, as necessary, to ensure
adequate engagement and involvement of the public in making decisions
related to the programs and documents governed by 24 CFR Part 91. Formal
amendment of the Citizen Participation Plan may be required should a provision
of the Citizen Participation Plan be found by the City to conflict with HUD
regulations.
ii. Public Review and Comment
Amendments to the Citizen Participation Plan shall be made available for public
review for a 30-day period. A public hearing shall be conducted by the City
Council at a regularly scheduled meeting so that citizens may express their
views. Written comments will be accepted by the Community Development
Department Real Property Administrator or designee during the public review
period. A summary of all written comments and those received during the
public hearing as well as the City's responses will be attached to the amended
Citizen Participation Plan prior to submission to HUD.
Minor edits to the Citizen Participation Plan, such as updating contact
information or technical details about schedules and publications, will not
constitute a "Substantial Amendment", and therefore, will not be released for
public review and comment. Copies will be made available following the
process described in Section G of this document.
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iii. Public Hearing
The City Council shall conduct a public hearing to review and accept public
comments on the draft amendment to the Citizen Participation Plan.
iv. Submittal to HUD
A copy of the Amended Citizen Participation Plan, including a summary of all
written comments and those received during the public hearing as well as the
City's responses and proof of compliance with the minimum 30-day public
review and comment period requirement shall be submitted to HUD for their
records. A summary of any comments or views not accepted and the reasons
therefore shall be supplied to HUD as applicable.
C. Five -Year Consolidated Plan
The following paragraphs describe the policies and procedures for the development
of the Five -Year Consolidated Plan. To comply with 24 CFR Part 91.105(b), the
information supplied in the draft Consolidated Plan for public review will include:
• Amount of assistance the City expects to receive (grant funds and program
income)
• Range of activities that may be undertaken
• Estimated amount of funding that will benefit low- and moderate -income
persons
The City shall also provide an assessment of community development and housing
needs and identify short-term and long-term community development objectives
directed toward the provision of decent housing and the expansion of economic
opportunities primarily for persons of low- and moderate -income.
The City will make this information available in the Consolidated Plan published for
comment and review.
a. Plan Development
The City encourages the participation of residents and stakeholders in the
development of the Consolidated Plan. The City shall follow the following
procedure to prepare and adopt the Consolidated Plan:
Plan Considerations
The City will make a concerted effort to notify and encourage the participation
of citizens, local and regional institutions, the local Continuum of Care
organization addressing homelessness, and public and private organizations
including businesses, developers, nonprofit organizations, philanthropic
organizations, community -based and faith -based organizations, broadband
internet service providers, organizations engaged in narrowing the digital
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divide, agencies whose primary responsibilities include the management of
flood prone areas, public land or water resources, emergency management
agencies, state and local health service providers, social service providers, fair
housing organizations, state and local governments, public housing agencies,
affordable housing developers, businesses, community and faith based
organizations, and other stakeholders in the development of the Consolidated
Plan through mailings (including electronic mailings), online postings and
public notices in the newspaper.
When preparing the Consolidated Plan describing the City's homeless strategy
and the resources available to address the needs of homeless persons
(particularly chronically homeless individuals and families, families with
children, veterans and their families, and unaccompanied youth) and persons
at risk of homelessness, the jurisdiction must consult with:
1. The Orange County Continuum of Care (COC);
2. Public and private agencies that address housing, health, social
service, victim services, employment, or education needs of low-
income individuals and families; homeless individuals and families,
including homeless veterans; youth; and/or other persons with
special needs;
3. Publicly funded institutions and systems of care that may discharge
persons into homelessness (such as health-care facilities, mental
health facilities, foster care and other youth facilities, and corrections
programs and institutions); and
4. Business and civic leaders.
The City also will consult with adjacent units of general local government,
including local government agencies with metropolitan -wide planning
responsibilities, particularly for problems and solutions that go beyond the
City's jurisdiction.
The City will consult with the Orange County Housing Authority, the local public
housing agencies (PHA) concerning consideration of public housing needs and
planned programs and activities.
A variety of mechanisms may be utilized to solicit input from these
persons/service providers/agencies. These include telephone or personal
interviews, focus groups, surveys, and consultation and community
workshops.
ii. Plan Review and Comment
The complete draft Consolidated Plan shall be made available for public review
for a 30-day period. The Consolidated Plan shall be provided in a format
accessible to persons with disabilities upon request. Such formats may include,
but are not limited to providing oral, Braille, electronic or large print versions
of the plan to those visually impaired and delivering copies to those who are
homebound.
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The plan will encourage comment and participation by minority and non-
English speakers.
The plan will encourage comment and participation by low- and moderate -
income residents, especially those living in low- and moderate -income
neighborhoods, in areas where CDBG funds are proposed to be used and
residents of public and assisted housing. Activities to encourage participation
may include, but are not limited to, advertising publication of the Consolidated
Plan in target areas, hosting community meetings in target areas, and making
copies of the plan available in these neighborhoods. Copies will be made
available following the process described in Section G of this document.
Written comments will be accepted by Community Development Department
Real Property Administrator or designee during the public review period. A
summary of all written comments and those received during the public hearing
as well as the City's responses will be attached to the Consolidated Plan prior
to submission to HUD.
iii. Public Hearing
The City Council shall conduct a public hearing to accept public comments on
the draft Consolidated Plan. Section G describes the process for publishing
notice for and conducting public hearings.
iv. Submittal to HUD
The Consolidated Plan shall be submitted to HUD with a summary of all written
comments and those received during the public hearing as well as the City's
responses and proof of compliance with the minimum 30-day public review
and comment period requirement. A summary of any comments or views not
accepted and the reasons therefore shall be supplied to HUD as applicable. The
Consolidated Plan will be submitted to HUD 45 days before the program year
pursuant to regulations, unless otherwise directed by HUD.
b. Consolidated Plan Amendment
The City shall follow the following procedure to complete substantial and minor
amendments to the Consolidated Plan, as needed:
i. Amendment Considerations
The City shall substantially amend the Consolidated Plan if a "substantial
change" is proposed by City staff or the City Council. For the purpose of the
Consolidated Plan, a "substantial change" is defined as:
1. The City adds or removes Consolidated Plan - Strategic Plan goals.
The City may make minor changes to the Consolidated Plan, as needed, so
long as the changes do not constitute a substantial amendment as described
above. Changes to numeric accomplishment goals within an existing strategic
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plan goal shall not constitute a substantial amendment. Such changes to the
Consolidated Plan will not require public review or a public hearing.
ii. Public Review and Comment
The City encourages residents and stakeholders to participate in the
development of substantial amendments. Substantial Amendments to the
Consolidated Plan shall be made available for public review for a 30-day period.
Written comments will be accepted by the Community Development
Department Real Property Administrator or designee during the public review
period. A summary of the comments and the City's responses to the comments
will be attached to the Consolidated Plan Substantial Amendment.
The City will encourage participation from all residents, especially low- and
moderate -income residents, minorities, non-English speakers and those with
disabilities. The City will take efforts to make the plan accessible to all such
groups. Copies will be made available following the process described in
Section G of this document.
iii. Public Hearing
The City Council shall conduct a public hearing to accept public comments on
the draft amendment to the Consolidated Plan. Section G describes the process
for publishing notice for and conducting public hearings.
iv. Submittal to HUD
A copy of the Amended Consolidated Plan, including a summary of all written
comments and those received during the public hearing as well as the City's
responses and proof of compliance with the minimum 30-day public review
and comment period requirement shall be submitted to HUD for their records.
A summary of any comments or views not accepted and the reasons therefore
shall be supplied to HUD as applicable.
D. Annual Action Plan
The following describes the process and procedures related to the development of
the Annual Action Plan.
a. Plan Development
The City's procedures for preparing and adopting the Annual Action Plan include:
i. Plan Considerations
In addition to local residents, the City will ensure that public (including City
staff) and private agencies that provide the following services will be consulted
in the development of the Action Plan:
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1. Health Services Providers
2. Social Services for: Children, Elderly, Disabled, Homeless, Persons
With AIDS
3. State and Local Health Agencies
4. Adjacent Local Governments
5. Economic Development Interests
6. Community and faith -based organizations
7. Orange County Housing Authority
8. Housing developers
These persons/service providers/agencies will be contacted and brought into
the process in the following manner:
9. Each year, the City will send a written Notice of Funding Availability
(NOFA) to each cooperating department and nonprofit agency
advising them that the planning cycle has begun for CDBG funds,
and that the City is accepting project proposals.
10.City staff will conduct outreach to special interest groups in Newport
Beach, such as senior citizens and the disabled, and make
presentations on the Action Plan to these groups where necessary.
11.The City will conduct an eligibility analysis on all project proposals
submitted and review the eligible proposals for service provider
grants.
The review for funding consideration will be conducted by the CDBG Advisory
Committee.
ii. Plan Review and Comment
The draft Annual Action Plan incorporating the City's proposed uses of CDBG
funds shall be made available for public review for a 30-day period. The City
will encourage participation from all residents, especially low- and moderate -
income residents, minorities, and those with disabilities. The City will make the
plan accessible to all such groups. Copies will be made available following the
process described in Section G of this document.
Written comments will be accepted during public review period by the
Community Development Department Real Property Administrator or
designee. A summary of the comments and the City's responses to the
comments will be attached to the draft Action Plan.
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iii. Public Hearing
The CDBG Advisory Committee may hold a public meeting to discuss the
eligible project proposals and funding recommendations for both public service
grant and capital outlay projects and make funding decisions.
The City Council shall conduct one (1) public hearing to accept comments on
the draft Action Plan which will be provided for public review for a 30-day
period (see above).
The City Council shall approve or reject the Action Plan. Section G describes
the process for publishing notice for and conducting public hearings.
iv. Submittal to HUD
Upon adoption of the Annual Action Plan pursuant to HUD regulations, the City
Council shall direct City staff to submit the Action Plan to HUD. Documents
related to the public participation process, including copies of public notices
and a summary of all public comments received, shall be attached to Action
Plan. The Action Plan will be submitted to HUD at least 45 days before the
program year pursuant to regulations, or as otherwise allowed or required by
HUD.
b. Annual Action Plan Amendment
The City shall follow the following procedure to complete substantial and minor
amendments to the Annual Action Plan, as needed:
Amendment Considerations
The City shall substantially amend the Action Plan if a "substantial change" is
proposed by City staff or the City Council. For the purpose of the Action Plan,
a "substantial change" is defined as:
■ Carrying out an activity not previously described in the Action
Plan;
■ Canceling an activity previously described in the Action Plan;
■ Increasing or decreasing the amount to be expended on a
particular activity from the amount stated in the Action Plan by
more than 20 percent; or
■ Substantially changing the purpose, scope, location, or
beneficiaries of an activity.
Changes in funding for an existing activity not amounting to more
than 20 percent will not be considered as a substantial change to the
Annual Action Plan; no formal amendment to the Action Plan requiring
public review and comments will be warranted. However, City
Council approval of the activity funding changes is still required.
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ii. Public Review and Comment
The City encourages citizen participation in the development of substantial
amendments. Substantial Amendments to the Annual Action Plan shall be
made available for public review for a 30-day period. Written comments will
be accepted during public review period. Comments should be made to the
Community Development Department Real Property Administrator or
designee. A summary of the comments and the City's responses to the
comments will be attached to the Action Plan Substantial Amendment.
The City will encourage participation from all residents, especially low- and
moderate -income residents, minorities, and those with disabilities. The City
will make efforts to make the plan accessible to all such groups. Copies will
be made available following the process described in Section G of this
document.
iii. Public Hearing
The City Council shall conduct a public hearing to review and consider the
Substantial Amendment to the Action Plan. The City Council shall accept public
comments on the Substantial Amendment to the Action Plan at the public
hearing. After public comments are heard and considered by the City Council,
the City Council shall approve, approve with modifications, or deny the request
for a substantial amendment to the Action Plan. Section G describes the process
for publishing notice for and conducting public hearings.
iv. Submittal to HUD
A copy of the Substantial Amendment to the Annual Action Plan along with
copies documenting the public participation process (i.e. public notices and
public comments) shall be submitted to HUD for their records.
E. Consolidated Annual Performance and Evaluation Report (CAPER)
The following describes the process and procedures related to the development of
the Consolidated Annual Performance and Evaluation Report (CAPER):
a. Plan Development
The City shall follow the following procedure in the drafting and adoption of
Consolidated Annual Performance and Evaluation Report (CAPER):
Plan Considerations
Staff will evaluate and report the accomplishments of the previous
program year for CDBG and will summarize expenditures that took
place during the previous program year.
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ii. Plan Review and Comment
The City encourages citizen participation in the development of the
CAPER. The draft CAPER shall be made available for public review for a
15-day period. Written comments will be accepted during public review
period by the Community Development Department Real Property
Administrator or designee. A summary of any written comments
received, or oral comments provided during the public hearing and the
City's responses to the comments will be attached to the draft CAPER.
Copies will be made available following the process described in Section
G of this document.
iii. Submittal to HUD
Upon completion of the public review period, City staff shall submit the
CAPER to HUD. Documents related to the public participation process,
including copies of public notices and a summary of all public comments
received, shall be attached to the CAPER. The CAPER shall be submitted
to HUD within 90 days following the end of the program year pursuant
to regulations.
F. Assessment of Fair Housing (AFH)
The Assessment of Fair Housing (AFH) is a five-year plan completed by the City
individually or as part of a local consortium of other HUD grantees pursuant to HUD
guidance for the evaluation of local housing conditions, economics, policies and
practices and the extent to which these factors impact the range of housing choices
and opportunities available to all residents in an environment free from
discrimination. The following describes the process and procedures related to the
development of the AFH.
a. Plan Development
The City shall follow the following procedure in the drafting and adoption of
the AFH:
Plan Considerations
As soon as feasible after the start of the public participation process for the
AFH, the City will make the HUD -provided data and any other supplemental
information available to residents, public agencies and other interested parties
by posting the data on the City's website and referencing this information in
public notices.
The City will make a concerted effort to notify and encourage the participation
of citizens, local and regional institutions, the local Continuum of Care
organization addressing homelessness, and public and private organizations
including businesses, developers, nonprofit organizations, philanthropic
organizations, community -based and faith -based organizations, broadband
internet service providers, organizations engaged in narrowing the digital
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divide, agencies whose primary responsibilities include the management of
flood prone areas, public land or water resources, emergency management
agencies, state and local health service providers, social service providers, fair
housing organizations, state and local governments, public housing agencies,
affordable housing developers, businesses, community and faith based
organizations, and other stakeholders in the development of the AI or AFH
through mailings (including electronic mailings), online postings and public
notices in the newspaper, as well as telephone or personal interviews, mail
surveys, and consultation workshops.
ii. Plan Review and Comment
The draft AFH shall be made available for public review for a 30-day period.
Written comments will be accepted during public review period by the Real
Property Administrator or designee. A summary of the comments and the
City's responses to the comments will be attached to the draft AFH. Copies
will be made available following the process described in Section G of this
document.
iii. Public Hearing
The City Council shall conduct a public hearing to accept public comments on
the draft AFH. The City Council shall approve or reject the AFH. Section G
describes the process for publishing notice for and conducting public hearings.
iv. Submittal to HUD
Upon adoption of an AFH, the City shall submit the AFH to HUD for review and
acceptance or rejection. The goals of the AFH shall be incorporated into the
Consolidated Plan prior to submission of the Consolidated Plan to HUD.
b. AFH Amendment
The City shall follow the following procedure to complete substantial
amendments to AFH, as needed.
Amendment Considerations
The City shall substantially amend the AFH if a "substantial change" is
proposed by City staff or the City Council or as otherwise required by HUD. An
AFH that was previously accepted by HUD must be revised and submitted to
HUD for review if a material change occurs. A material change is a change in
circumstances in the jurisdiction of a program participant that affects the
information on which the AFH is based to the extent that the analysis, the fair
housing contributing factors, or the priorities and goals of the AFH no longer
reflect actual circumstances. Examples include Presidentially declared
disasters, under title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), in the program participant's area that
are of such a nature as to significantly impact the steps a program participant
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may need to take to affirmatively further fair housing; significant demographic
changes; new significant contributing factors in the participant's jurisdiction;
and civil rights findings, determinations, settlements (including Voluntary
Compliance Agreements), or court orders; or, upon HUD's written notification
specifying a material change that requires the revision. A revision to the AFH
consists of preparing and submitting amended analyses, assessments,
priorities, and goals that take into account the material change, including any
new fair housing issues and contributing factors that may arise as a result of
the material change.
ii. Public Review and Comment
The City encourages residents and stakeholders to participate in the
development of substantial amendments. Substantial Amendments to the
AFH shall be made available for public review for a 30-day period. Written
comments will be accepted by the Community Development Department Real
Property Manager or designee during the public review period. A summary of
the comments and the City's responses to the comments will be attached to
the Consolidated Plan Substantial Amendment.
The City will encourage participation from all residents, especially low- and
moderate -income residents, minorities, and those with disabilities. The City
will make efforts to make the plan accessible to all such groups. Copies will
be made available following the process described in Section G of this
document.
iii. Public Hearing
The City Council shall conduct a public hearing to accept public comments on
the draft amendment to the AFH. The City Council may approve or reject the
amendment to the AFH. A revised AFH must be submitted within 12 months
of the onset of a material change that triggers a "Substantial Amendment,"
or at such later date as HUD may specify. Section G describes the process for
publishing notice for and conducting public hearings.
G. Public Hearings, Notification and Access
The following policies and procedures outlining the public hearing process and public
hearing notification apply to the development and substantial amendment of the
Consolidated Plan, Citizen Participation Plan, Annual Action Plan, CAPER, and AFH.
a. Public Meetings and Hearings
Public Hearing Process
The City will conduct at least two (2) public hearings per year to obtain citizens'
views and comments on planning documents during the public review and
comment period. These meetings will be conducted at different times of the
program year and together will cover the following topics:
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1. Housing and Community Development Needs
2. Development of Proposed Activities
3. Review of Program Performance
ii. Public Hearing Notification
Staff will ensure adequate advance notice of all public meetings and hearings.
Notices will be printed/posted at least 14 calendar days prior to the meeting date.
Adequate noticing will include:
1. Printing a public notice in the Daily Pilot and possibly other newspaper(s)
of general circulation in the City;
2. Display copies of notices on the City's website; and
3. Posting notices at City Hall and at the Newport Beach Public Library.
Notices will include information on the subject and topic of the meeting including
summaries when possible and appropriate to properly inform the public of the
meeting. Notices will be published in accordance with the City's approved Limited
English Proficiency Plan (LEP) and will be accessible to those with disabilities.
Meeting locations and access are described below.
b. Documents for Public Review
Staff will ensure adequate advanced notice of all public review/comment periods.
Notices will be printed/posted prior to the commencement of the public review
period alerting residents of the documents for review and providing a summary of
the contents of the documents to include information on the content and purpose
of the document and the list of locations where copies of the entire draft
document(s) may be reviewed. The public comment period for each Consolidated
Plan document and substantial amendment to each document subject to public
review is listed below:
Document
Length of Public
Comment Period
Consolidated Plan
30 days
Action Plan
30 days
CAPER
15 days
AFH
30 days
Citizen Participation Plan
30 days
The City will ensure that documents are available for disabled and non-English
speaking residents upon request.
Adequate noticing will include:
• Printing public notice in the Daily Pilot and possibly other newspaper(s)
of general circulation in the City;
Display copies of the notices on the City's website; and
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Posting notices at City Hall and at the Newport Beach Public Library.
The City will place an adequate supply of draft copies of each document and
substantial amendments to each document subject to public review at the
following locations:
City Hall: Community Development Department
100 Civic Center Drive
Newport Beach, California 92660
Newport Beach Public Library
1000 Avocado Avenue
Newport Beach, California 92660
Materials will also be posted to the City website at:
www.newportbeachca.gov/index.aspx?page=1 364
All printed reports and materials shall be made available in a form accessible to
persons with disabilities, upon request.
c. Access to Meetings
Unless otherwise noted, Public Hearings requiring City Council action will be
conducted in front of the Newport Beach City Council at 4:00 P.M. at the Newport
Beach City Hall Council Chambers (100 Civic Center Drive, Newport Beach,
California 92660). For public hearings not requiring City Council participation, the
City will make every reasonable effort to conduct such hearings in the low- and
moderate -income target areas and at times accessible and convenient to potential
and actual beneficiaries.
Efforts to ensure this may include, but are not limited to, scheduling meetings in
target neighborhoods, scheduling meetings during the evening and weekend and
requesting feedback from neighborhood groups and stakeholders for guidance in
effective meeting scheduling. Such hearing will be posted and advertised to allow
sufficient notice to all interested persons.
In accordance with the City's Limited English Proficiency Plan (LEP), translations
will be available at all public hearings if the Community Development Department
Real Property Administrator receives such a request at least 48 hours prior to the
public hearing.
It is the intention of the City to comply with the Americans with Disabilities Act
(ADA) in all respects. If an attendee or participant at public hearing needs special
assistance beyond what is normally provided, the City will attempt to
accommodate these people in every reasonable manner. Efforts may include, but
are not limited to, accessible seating, video recording for those homebound, sign
language services and production of written transcripts. The City's Community
Development Department Real Property Administrator must be notified at least
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48 hours prior to the public hearing. The Community Development Department
Real Property Administrator may be reached at:
Real Property Administrator
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
(949)644-3236
d. Access to Consolidated Plan Documents and Records
All approved Consolidated Plan Documents, and any approved amendments
thereto, will be kept on file by the City at the City Hall Community Development
Department (100 Civic Center Drive, Newport Beach, California 92660), online at:
www.newportbeachca.gov/index.aspx?page=1364 and can be made available to those
requesting the plan. The Consolidated Plan Documents shall be provided in a
format accessible to persons with disabilities upon request. Such formats may
include, but are not limited to providing oral, Braille, electronic or large print
versions of the plan to those visually impaired and delivering copies to those who
are homebound. Upon request, the Consolidated Plan Documents or summaries
of those documents will be made available in an accessible manner in
accordance with the City's approved Limited English Proficiency Plan (LEP) or
those with disabilities.
The City will ensure timely and reasonable access to information and records
related to the development of the Consolidated Plan Documents, and the use of
HUD CPD funds from the preceding five years. Information to be made available
will include budget and program performance information, meeting minutes, and
comments received by the City during the development of the Consolidated Plan
and its supporting documents.
Requests for information and records must be made to the City in writing. Staff
will respond to such requests within 15 working days or as soon as possible
thereafter.
H. Technical Assistance
Upon request, staff will provide technical assistance to groups representing
extremely -low, low-, and moderate -income persons to develop funding requests for
HUD CPD eligible activities. Technical assistance will be provided as follows:
• Establish an annual project proposal submission and review cycle (Notice of
Funds Availability, or "NOFA") that provides information, instructions, forms
and advice to interested extremely low-, low- and moderate -income citizens
or representative groups so that they can have reasonable access to the
funding consideration process.
• Provide self-explanatory project proposal forms and instructions to all
persons who request them whether by telephone or by letter. The City's
funding application form is designed to be easily understood and short, while
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still addressing all key items necessary to assess the proposed project.
Statistics concerning specific areas of the City are furnished by City staff upon
request.
• Answer, in writing, all written questions and answer verbally all verbal
inquiries received from citizens or representative groups regarding how to
write or submit eligible project proposals.
• Meet with groups or individuals as requested, to assist in identifying specific
needs and to assist in preparing project proposal applications.
• Obtain information in the form of completed project proposal forms from
citizens or non-profit agencies and assemble a list of proposals available for
public review.
• Conduct a project eligibility analysis to determine, at an early stage, the
eligibility of each project. In cases where only minor adjustments are needed
to make proposals eligible or otherwise practical, City staff will advise the
applicants on the options available and desired changes to the proposals.
• Provide bilingual translation on as needed basis.
To request technical assistance, please contact the Community Development
Department Real Property Administrator at:
Real Property Administrator
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
(949) 644-3236
I. Comments and Complaints
a. Comments
Citizens or the City government, as well as agencies providing services to the
community, are encouraged to state or submit their comments in the development
of the Consolidated Plan Documents and any amendments to the Consolidated
Plan. Written and verbal comments received at public hearings or during the
comment period will be considered and summarized, and included as an
attachment to the City's final Consolidated Plan. Written comments should be
addressed to:
Real Property Administrator
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
(949) 644-3236
A written response will be made to all written comments within ten working days,
acknowledging the letter and identifying a plan of action, if necessary. Every effort
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will be made to send a complete response within 15 working days to those who
submit written proposals or comments.
Copies of the complete final Consolidated Plan and amendments to it will be
available to residents at the following locations:
City Hall
Community Development Department
100 Civic Center Drive
Newport Beach, California 92660
b. Complaints
A complaint regarding the Consolidated Planning process and Consolidated Plan
amendments must be submitted in writing to the Community Development
Department Real Property Administrator. A written response will be made to
written complaints within 15 working days, acknowledging the letter and
identifying a plan of action, if necessary.
The City will accept written complaints provided they specify:
• The description of the objection, and supporting facts and data; and
• Provide name, address, telephone number, and date of complaint.
J. Language Access
When a significant number of people speak and read a primary language other than
English, translation services at public hearings will be provided in such language if
translation services are requested in advance at least 48 hours prior to the public
meeting. Requests should be addressed to the Community Development Department
Real Property Administrator. The Community Development Department Real Property
Administrator may be reached at:
Real Property Administrator
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
(949)644-3236
K. Appeals
Appeals concerning the Consolidated Plan, statements, or recommendations of the
staff should be made to the following persons in the order presented:
• Community Development Director
• City Manager
• City Council
Los Angeles Area Office of HUD (if concerns are not answered)
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L. Anti -Displacement and Relocation
The City's Anti -displacement and Relocation Plan describes how Newport Beach will assist
persons who must be temporarily relocated or permanently displaced due to the use of
HUD CPD funds. This plan takes effect whenever the City funds projects that involve the
following:
• Property acquisition;
• Potential displacement of people from their homes and the need to relocate people
(either permanently or temporarily); and
• The demolition or conversion of low- and moderate -income dwelling units.
1. Background
Two acts apply whenever any of the above issues are present: the Uniform Relocation
Assistance and Real Property Policies Act of 1970 (URA) and Section 104(d) of the
Housing and Community Development Act of 1974. Each of these acts places different
obligations on the City.
The URA governs the processes and procedures which the City and the Finance
Department must follow to minimize the burden placed on low- and moderate- income
tenants, property owners, and business owners who must move (either temporarily or
permanently) as the result of a project funded in whole or in part by the CDBG and
HOME programs. The URA applies to:
• Displacement that results from acquisition, demolition, or rehabilitation for
HUD -assisted projects carried out by public agencies, nonprofit
organizations, private developers, or others;
• Real property acquisition for HUD -assisted projects (whether publicly or
privately undertaken);
• Creation of a permanent easement or right of way for HUD -assisted
projects (whether publicly or privately undertaken); and
• Work on private property during the construction of a HUD -assisted project
even if the activity is temporary.
2. What is Displacement?
Displacement occurs when a person moves as a direct result of federally assisted
acquisition, demolition, conversion, or rehabilitation activities, because he or she is:
• Required to move; or
• Not offered a decent, safe, sanitary and affordable unit in the project; or
• Treated "unreasonably" as part of a permanent or temporary move.
A person may also be considered displaced if the necessary notices are not given or
provided in a timely manner and the person moves for any reason.
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3. What is a Displaced Person?
The term displaced person means any person that moves from real property or moves
their personal property from real property permanently as a direct result of one or more
of the following activities:
• Acquisition of, written notice of intent to acquire, or initiation of
negotiations to acquire such real property, in whole or in part, for a
project;
• Rehabilitation or demolition of such real property for a project; and
• Rehabilitation, demolition, or acquisition (or written notice of intent) of all
or a part of other real property on which the person conducts a business or
farm operation, for a project.
Newport Beach offers advisory and financial assistance to eligible tenants (or
homeowners) who meet the above definition.
4. Persons Not Eligible for Assistance
A person is not eligible for relocation assistance under the provisions of the URA if any of
the following occurs:
• The person was evicted for serious or repeated violation of the terms and
conditions of the lease or occupancy agreement, violation of applicable
Federal, State, or local law, or other good cause. However, if the person
was evicted only to avoid the application of URA, then that person is
considered displaced and is eligible for assistance;
• The person has no legal right to occupy the property under State or local
law;
• The City determines that the person occupied the property to obtain
relocation assistance and the HUD Field Office concurs in that
determination;
• The person is a tenant -occupant that moved into the property after a
certain date, specified in the applicable program regulation, and, before
leasing and occupying the property, Newport Beach or its subgrantee
provided the tenant -occupant written notice of the application for
assistance, the project's impact on the person, and the fact that he or she
would not qualify as a "displaced person" because of the project;
• The person is a tenant -occupant of a substandard dwelling that is acquired
or a tenant -occupant of a dwelling unit to which emergency repairs are
undertaken and the HUD field office concurs that:
o Such repairs or acquisition will benefit the tenant;
o Bringing the unit up to a safe, decent, and sanitary condition is not
feasible;
o The tenant's new rent and average estimated monthly utility costs
will not exceed the greater of: the old rent/utility costs or 30 percent
of gross household income; and
o The project will not impose any unreasonable change in the
character or use of the property.
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• The person is an owner -occupant of the property who moves because
of an arm's length acquisition;
• Newport Beach or its subgrantee notifies the person that they will not
displace him or her for the project; and
• The person retains the right of use and occupancy of the real property for
life following the acquisition.
Newport Beach determines that the person is not displaced as a direct result of the
acquisition, rehabilitation, or demolition for the project and the HUD field office concurs
in the determination.
S. Minimizing Displacement
Newport Beach will take reasonable steps to minimize displacement occurring as a result
of its CDBG activities. This means that the Community Development Department will:
• Consider if displacement will occur as part of funding decisions and project
feasibility determinations;
• Assure, whenever possible that occupants of buildings to be rehabilitated
are offered an opportunity to return;
• Plan substantial rehabilitation projects in "stages" to minimize
displacement; and
• Meet all HUD notification requirements so that affected persons do not
move because they have not been informed about project plans and their
rights.
6. Anti -Displacement Policy
The City seeks to minimize, to the greatest extent feasible, the displacement, whether
permanently or temporarily, of persons (families, individuals, businesses, nonprofit
organizations, or farms) from projects funded with CDBG and HOME involving single- or
multi -family rehabilitation, acquisition, commercial rehabilitation, demolition, economic
development, or capital improvement activities.
Projects that Newport Beach deems beneficial but that may cause displacement may be
recommended and approved for funding only if Newport Beach or its subgrantee
demonstrates that such displacement is necessary and vital to the project and that they
take efforts to reduce the number of persons displaced. Further, they must clearly
demonstrate that the goals and anticipated accomplishments of a project outweigh the
adverse effects of displacement imposed on persons who must relocate.
7. Displacement Assistance
Consistent with the goals and objectives of the CDBG program, Newport Beach will take
all reasonable steps necessary to minimize displacement of persons, even temporarily. If
displacement occurs, the City will provide relocation assistance to all persons directly,
involuntarily, and permanently displaced according to HUD regulations.
If Newport Beach temporarily displaces a low- or moderate -income household, that
household becomes eligible for certain relocation payments. The assistance applies to
those Dersons residina in the residence at the time the aDDlication is Drocessed and is
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based on the following procedures:
• If the structure and its occupants are determined eligible for temporary
relocation assistance, the owner -occupants and tenants are eligible for the
actual reasonable cost (based on fair market rent) of temporary lodging
facilities until the structure is determined habitable by Newport Beach's
housing inspector;
• Newport Beach must approve housing and the Lessor and Lessee must sign
a rent agreement before move -in. Housing must be comparable
functionally to the displacement dwelling and decent, safe, and sanitary.
This does not mean that the housing must be in comparable size. The term
"functionally equivalent" means that it performs the same function, has the
same principal features present, and can contribute to a comparable style
of living. Approved lodging accommodations include apartments and
houses. Newport Beach does not reimburse "rental expenses" for living
with a friend or family member;
• Either Newport Beach will provide the owner -occupants and tenants a
direct payment for moving expenses (to and from temporary housing) and
storage costs, or Newport Beach will arrange moving and storage of
furniture with a moving company. If Newport Beach makes a direct
payment, complete documentation and receipts are necessary to process
claims when storage costs exceed the amount assumed by the direct
payment;
• Damage deposits, utility hookups, telephone hookups and insurance costs
are not eligible for reimbursement; and
• The City may pay the cost of relocation assistance from Federal funds or
funds available from other sources.
8. One -For -One Replacement Dwelling Units
Newport Beach will generally avoid awarding funds for activities resulting in
displacement. However, should Newport Beach fund an activity, specific documentation
is required to show the replacement of all occupied and vacant dwelling units
demolished or converted to another use. Newport Beach will assure that relocation
assistance is provided as described in 24 CFR 570.606(b)(2).
Before obligating or expending funds that will directly result in such demolition or
conversion, Newport Beach will make public and submit to the HUD field office the
following information in writing:
• A description of the proposed assisted activity;
• The general location on a map and approximate number of dwelling units
by size (number of bedrooms) that will be demolished or converted to a
use other than as low- and moderate -income units;
• A time schedule for the commencement and completion of the demolition
or conversion;
• The general location on a map and approximate number of dwelling units
by size (number of bedrooms) that will be provided as replacement units;
• The source of funding and a time schedule for the provision of replacement
dwelling units; or
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• The basis for concluding that each replacement dwelling unit will remain a
low- and moderate -income unit for at least ten years from the date of
initial occupancy.
Consistent with the goals and objectives of the CDBG program, Newport Beach will take
all reasonable steps necessary to minimize displacement of persons from their homes.
The City will avoid funding projects that cause displacement of persons or businesses
and will avoid funding any project that involves the conversion of low- and moderate -
income housing to non-residential purposes.
9. Decent, Safe and Sanitary Dwelling
The basic definition is found at 49 CFR 24.2(1). The term decent, safe, and sanitary
dwelling means a dwelling that meets the following standards and any other housing
and occupancy codes that are applicable. It will:
• Be structurally sound, weather tight, and in good repair;
• Contain a safe electrical wiring system adequate for lighting and other
devices;
• Contain a safe heating system capable of sustaining a healthful
temperature for the displaced person;
• Be adequate to accommodate the displaced person. There will be a
separate, well lit, ventilated bathroom that provides privacy to the user and
contains a toilet, sink, and a bathtub or shower, all in good working order
and properly connected to appropriate sources of water and to a sewage
drainage system. There should be a kitchen area that contains a fully
usable sink, properly connected to hot and cold water and to a sewage
drainage system, and adequate space and utility service connections for a
stove and refrigerator;
• Contain unobstructed egress to safe, open space at ground level;
• For a mobility -impaired person, be free of any barriers that would preclude
reasonable ingress, egress, or use of the dwelling by such person. This
requirement will be satisfied if the displaced person elects to relocate to a
dwelling that they select and the displaced person determines that they
have reasonable ingress, egress, and the use of the dwelling; and
• Comply with lead -based paint requirements of 24 CFR Part 35.
M. Anti -Displacement and Relocation
The City and its CDBG subrecipients must follow specific guidelines regarding the
acquisition and use of real property funded in whole or in part with CDBG funds.
1. Use of Real Property
The following standards apply to real property within the recipient's control and acquired
or improved, in whole or in part, using CDBG funds. These standards will apply from the
date funds are first spent for the property until five years after the project is audited and
closed.
A recipient may not change the use of any such property (including the beneficiaries of
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such use) from that for which the acquisition or improvement was made unless the
recipient gives affected citizens reasonable notice of, and opportunity to comment on,
any such proposed change, and either:
• The use of such property qualifies as meeting a national objective and is not a
building for the general conduct of government;
• The requirements in the paragraph below are met;
• If the recipient determines, after consultation with affected citizens, that it is
appropriate to change the use of property to a use that does not qualify under
the above paragraph, it may retain or dispose of the property. The Newport
Beach CDBG program must be reimbursed in the amount of the current fair
market value of the property less any portion attributable to expenditures of
non-federal funds for the acquisition of and improvements to the property;
• If the change of use occurs within five years of the project being audited and
closed, income from the disposition of the real property will be returned to the
Newport Beach CDBG program; and
• Following the reimbursement of the federal program pursuant to the above
paragraph of this section, the property is no longer subject to any federal
requirements.
2. Real Property Acquisition
All real property acquisition activities described in this section and funded in whole or in
part with CDBG funds and all real property that must be acquired for an activity assisted
with Federal funds, regardless of the actual funding source for the acquisition, are subject
to the URA (as amended).
3. What is Real Property Acquisition?
Real property acquisition is any acquisition by purchase, lease, donation, or otherwise,
including the acquisition of such interests as rights -of -way and permanent easements.
HUD Handbook 1378 and 49 CFR Part 24 currently contains such regulations. These
regulations detail a standard procedure for acquiring property and methods of
determining a purchase price and outline other documents that must be provided to
Newport Beach before disbursement of funds. These regulations further require the
applicant to provide relocation payments and assistance to any business or residential
occupant of the property whom the acquisition will displace.
4. Eligible Activities
Newport Beach or its sub -grantee may acquire real property for a project using CDBG
funds where the proposed use of the acquired property will be an activity that the City
can demonstrate as beneficial to low- and moderate -income persons.
5. Environmental Review Process (24 CFR Part 58)
HUD requires that all real property acquisition projects be reviewed before the
commitment of Federal funds to assess the impact of a project on the environment.
Newport Beach will undertake this review process. The applicant should be aware,
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however, that this review process may delay the date by which CDBG funds may be
available and, in case of serious adverse environmental impacts, may effectively stop a
project.
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Attachment B
Professional Services Agreement
22-45
PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC. FOR
ANNUAL CDBG ADMINISTRATION & AFFORDABLE HOUSING MONITORING
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 22nd day of July, 2025 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation ("Consultant"),
whose address is 500 Grant Street, Suite 5400, Pittsburgh, PA 15219, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide Annual CDBG Administration &
Affordable Housing Monitoring ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2030, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
22-46
completion in a diligent and timely manner. The failure by Consultant -to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consu[tant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Ninety Six
Thousand Two Hundred Fifty Dollars and 00/100 ($396,250.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Michael Baker International, Inc. Page 2
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Compensation for any authorized Extra Work shall be paid in accordance- with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Lisa Baker to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
;�1lilililililililliV �'i l l � l �� � ;7�r � [�7
This Agreement will be administered by the Community Development Department.
City's Real Property Administrator or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
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requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove. Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
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conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement orfor other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
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Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all Iogins
and password information to City upon prior written request.
- 17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes .unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
Michael Baker International, Inc. Page 6
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of-1974 (the "Act") and/or Government Code §§ 1090 et
s-g .-, which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Real Property Administrator
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Lisa Baker
Michael Baker International, Inc.
3760 Kilroy Airport Way, Suite 270
Long Beach, CA 90806
Michael Baker International, Inc.
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
Michael Baker International, Inc. Page 9
22-54
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract, This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Michael Baker International, Inc. Page 10
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: A/ 5 /75
By:
Aa n C. Harp �
City Attorney C75I- -
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONSULTANT:
International, Inc.,
corporation
Date:
Michael Baker
a Pennsylvania
By�
Richard Beck
Vice President & Practice Executive —
Planning, Survey & Land Development
Date:
By:
Trudi Lim
Senior Vice President & Regional
Director & Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT
SCOPE OF SERVICES
Michael Baker International, Inc. Page A-1 22.57
Exhibit A
Scope of Services
General Administration of the CDBG Program for the upcoming fiscal years 2025-2026 through
2029-2030, for each fiscal year beginning on July 1 and ending the following June 30.
1. General Administration of the CDBG Program includes, but is not limited to the following:
(a) Coordination with City staff in the identification, management and completion of all
CDBG funded projects including preparation or review of federal funding
requirements as part of construction bid packages, request for proposals, monitoring
reports, public notices, etc.
(b) Preparation of all reports as required by HUD, including but not limited to, FY 2026-
2027 through FY 2029-2030 Action Plans and annual grant funding application, FY
2024-2025 Consolidated Annual Performance and Evaluation Report ("CAPER"),
Quarterly Financial Reports, etc. Reports are to be submitted to HUD in compliance
with HUD deadlines.
(c) Preparation of necessary environmental review forms and documents for CDBG
projects.
(d) Setup and maintenance of Integrated Disbursement and Information System ("IDIS")
records including preparation of requested reports.
(e) Preparation of draw down requests for reimbursement of expended funds on a
quarterly basis or more frequently as directed.
(f) Coordination with HUD Field office staff, Orange County Housing and Community
Development ("HCD") staff, Orange County Housing Authority staff, fair housing
service providers, other City representatives and various CDBG related
constituencies.
(g) Audit existing files and IDIS records for the last three fiscal years, and update and/or
correct files and IDIS records as necessary.
(h) Under direction of the Community Development Department, prepare public notices
and reports to the City Council for review and consideration of the Action Plan and
CAPER documents.
(i) Any such other activities as required to properly administer the CDBG program.
2. Administration of Sub -Recipient contracts including:
(a) Prepare a Notice of Funding Availability ("NOFA") on an annual basis for social
service funding. Work with City Staff to prepare a funding plan for the recommended
social service providers.
22-58
(b) Prepare files and contracts for each of the funded social service and fair housing
administration providers and provide guidance with sub -recipients as necessary to
ensure proper data collection and program compliance as mandated by HUD.
(c) Review and process all sub -recipient invoices.
(d) Monitor all sub -recipients on an annual basis or sooner as necessary.
3. Annual monitoring of existing affordable housing developments including:
(a) On an annual basis, review and or audit the records of approximately six affordable
housing developments to ensure that they are complying with their obligation to
provide affordable housing in accordance with applicable restrictions.
(b) Contact owners of affordable units to obtain information regarding their plans for
continuing affordability on their properties and to encourage the extension of the
affordability agreements.
(c) Inform and educate owners of affordable units of the State Preservation Notice Law
(Government Code Sections 65863.10-13).
(d) Prepare and submit a written report to the City containing the findings of the
monitoring program including any recommendations or corrective actions.
(e) Prepare and maintain a written list of the contact information for all current affordable
housing developments in the City, which shall be provided to City staff to be posted
on the City's website.
4. The successful proposal will accommodate the City's objective by providing complete CDBG
Program Administration and affordable housing compliance monitoring services including the
following:
(a) Acting as an extension of City staff, the CDBG consultant should anticipate attending
bi-monthly meetings with Planning Division or Finance Department staff and
meetings with HUD as necessary.
(b) Availability for representation at City Council meetings, as required, to provide project
updates, presentations associated with program milestones, and to respond to City
Council or citizen inquiries. The City Council meets on the second and fourth
Tuesday of each month, except in August and December, where the City Council
meet once.
(c) Consultant shall be readily available to City staff by phone and email and needs to
provide informal updates on consultant activities when requested.
(d) Consultant shall present the annual Sub -recipient Workshop for the nonprofit
organizations receiving CDBG public service contracts through the Action Plan. The
workshop shall provide CDBG Program technical assistance and updates on any
changes under the CDBG Program technical assistance and updates on any
changes under the CDBG program regulations and other federal requirements,
including the City's CDBG Program Policies and Procedures for sub -recipients.
22-59
EXHIBIT B
SCHEDULE OF BILLING RATES
Michael Baker International, Inc. Page B-9
22-60
SCOPE OF SERVICE
CDBG Administration
Affordable Housing
Monitoring
HUD Report - CAPER
Materials and Supplies
FY 2025-2026 TOTAL:
Exhibit B
Schedule of Project Costs and Billing Rates
FY 2025-2026
FISCAL YEAR BUDGET (NTE)
July 1. 2025 - June 30. S 19.000
2026
July 1, 2025 - June 30. 10,500
2026 $
i
July 1. 2025 - June 30, 21.000
2026 S
Juiy 1, 2025 - June 30, 5.000
2026 5
STAFF
TITLE: Project Managers
TITLE: Specialists
Planning Associates
TITLE:
S 55,500
HOURLY RATE
17Q - 77?
$105 - 173
$ 7$ - 94
22-61
FY 2026-2027
SCOPE OF SERVICE
FISCAL YEAR
BUDGET (NTE)
CDBG Administration
July 1, 2026 - June 30
2027
19 900
$
Affordable Hauling
Monitoring
July 1, 2026 - June 30,
2027
11,025
$
HUD Report - CAPER
July 1, 2026 - June 30
2027
22.050
$
HUD Report - Annual
Action Plan
July 1. 2026 - June 30.
2027
16,550
$
Materials and Supplies
July 1, 2026 - June 30,
2027
5.000
$
FY 2026-2027 TOTAL:
$ 74,525
STAFF
HOURLY RATE
TITLE: Project Managers
188 - 286
Specialists
TITLE:
111 - 182
TITLE: Planning Associates
$ 82 - 99
22-62
FY 2027-2028
SCOPE OF SERVICE
FISCAL YEAR
BUDGET (NTE)
CDBG Administration
July 1: 2027 — June 30
2028
20.900
$
Affordable Housing
Monitoring
July 1. 2027 — June 30,
2028
11,575
$
HUD Report — CAPER
July I, 2027 — June 30,
2028
23,200
$
HUD Report — Annual
Action Plan
July 1, 2027 — June 30,
2028
17,500
$
Aiaterials and Supplies
July 1, 2027 — June 30,
2028
5,000
$
FY 2027-2028 TOTAL:
$ 78,175
STAFF
HOURLY RATE
TITLE: Project Managers
$ 198- 300
Specialists
TITLE:
$ 116 - 191
TITLE: Planning Associates
$ 86 - 104
22-63
FY 2028-2029
SCOPE OF SERVICE
FISCAL YEAR
BUDGET (NTE)
CDBG Administration
July 1, 2028 - June 30,
2029
$ 21,900
Affordable Housing
Monitoring
July 1, 2028 - June 30,
2029
12,200
$
HUD Report - CAPER
July 1, 2028 - June 30,
2029
24,325
$
HUD Report - Annual
Action Plan
July 1, 2028 - June 30,
2029
18250
$ ,
Materials and Supplies
July 1, 2028 - June 30,
2029
5,000
$
FY 2028-2029 TOTAL:
$ 81,675
STAFF
HOURLY RATE
TITLE: Project Managers
$ 208 - 315
TITLE: Specialists
$ 122- 201
TITLE: Planning Associate!
$ 91 - 109
22-64
FY 2029-2030
SCOPE OF SERVICE
FISCAL YEAR
BUDGET (NTE)
CDBG Administration
July I, 2029 - June 30.
2030
� 23,Of10
Affordable Housing
Monitoring
July 1, 2029 - June 30..
2030
8,450
S
HUD Report - CAPER
July 1, 2029 - June 30,
2030
25,525
$
HUD Report - Annual
Action Plan
July 1, 2029 - June 30.
2030
19 200
$
Materials and Supplies
July 1, 2029 - June 30,
2030
5,000
$
FY 2029-2030 TOTAL:
$ 81,175
STAFF
HOURLY RATE
TITLE: Project Managers
$ 218 - 331
TITLE: Specialists
$129 - 211
TITLE; Planning Associates
$ 95 - 115
22-65
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability 'arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Michael Baker International, Inc. Page C-1
22-66
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation (except for nonpayment for which ten (10)
calendar days' notice. is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Michael Baker International, Inc. Page C-2 22.67
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the. term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
Michael Baker International, Inc. Page C-3
22-68
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Michael Baker International, Inc. Page C-4 22 69