HomeMy WebLinkAbout11253RESOLUTION NO. 11253
A RESOLUTION ADOPTING ADMINISTRATIVE PROCEDURES FOR THE CITY'S SENIOR
LIGHT AND LOCK SAFETY PROGRAM TO ASSIST VERY LOW INCOME SENIOR OWNERS OF
SINGLE FAMILY RESIDENCES
and
WHEREAS, the elimination of neighborhood crime serves public and municipal purposes;
WHEREAS, it is desirable and there exists a demonstrated need to make funds available to
very low income seniors to assist in the provision of crime deterrent elements; and
WHEREAS, the funds made available for the purpose of implementing and executing the
terms and provisions of this Resolution principally serve public rather than private purposes. NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City, on an annual basis by appropriate legislative enactment may, but without
obligation to do so, make available to the Department of Housing and Citizen Services (herein
"Department ") funds for the purpose of implementing and executing the terms and provisions of the
Senior Light and Lock Safety Program of the City, a copy of which is attached hereto and
incorporated herein as is set out in full (herein "Program "). Department may make application for
other available monies for housing rehabilitation loan and grant programs and shall incorporate
such grants or loans into the Program to further the objectives of the Program. The Program is
hereby approved and the Department shall be responsible for the execution of the Program, in
accordance with the terms and provisions of this Resolution and Program.
SECTION 2_
This Resolution and Program shall become effective immediately upon final passage and
approval.
INTRODUCED March 24, 2008
'R /i�2s!3
Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: March 24, 2008
DEPARTMENT: HOUSING AND CITIZEN SERVICES / ADA RIVERA CLARK
TITLE
A RESOLUTION APPROVING AND ADOPTING ADMINISTRATIVE
PROCEDURES FOR A SENIOR LIGHT AND LOCK SAFETY PROGRAM TO
REDUCE NEIGHBORHOOD CRIME BY ASSISTING VERY LOW INCOME
SENIOR OWNERS OF SINGLE FAMILY RESIDENCES WITH RESIDENTIAL
LIGHTING AND SECURITY IMPROVEMENTS
ISSUE
Should the City Council approve administrative procedures for the Senior Light
and Lock Safety Program, which will allow the Department of Housing and
Citizen Services to provide lighting and locks, as necessary, to very low income
senior homeowners.
RECOMMENDATION
Approve
BACKGROUND
In December 2007 the City Council approved CDBG funding in the amount of
$30,000 for the Program. In the Neighborhood Plans adopted by the City
Council crime was a primary concern to the residents of Bessemer, Hyde Park
and the Eastside neighborhoods. Priority Nine of the Consolidated Plan also
identified that concern. The Program is an attempt to address some of the safety
concerns of City residents.
The Program is limited to very-low income senior homeowners. The Program will
be offered on a "first -come, first - serve" basis. Individuals will need to meet the
HUD definition of very low income. At present, a family of two making under
$21,550 is considered very low income. The funds will be provided as a grant.
Costs allowable under this program include the costs directly associated with
replacement and /or installation of security locksets with dead bolts, exterior
lighting, and replacement of hollow -core doors that do not provide adequate
security. City staff will make the determination and contract all work.
FINANCIAL IMPACT
The funds are appropriated and available in CD0815.
CITY OF PUEBLO
SENIOR LIGHT AND LOCK SAFETY PROGRAM (the "Program ")
INTRODUCTION
The City of Pueblo, Colorado, has incorporated into its U. S. Department of Housing and
Urban Development (HUD) required Consolidated Plan a list of objectives and projected
use of funds for the Community Development Block Grant (CDBG) Funds. Included in
the Consolidated Plan is a component for improving the safety and livability of our
neighborhoods. The objective of the Senior Light and Lock Safety Program is to increase
neighborhood stability by providing crime deterrent elements and added security to an-at
risk population. The assistance shall be provided to very -low income, senior citizens
who own and occupy a single - family home within the City of Pueblo. CDBG funds are
provided for such purposes by HUD and are governed by Federal regulations and
requirements as issued by HUD and other Federal agencies.
The City of Pueblo certifies to HUD that all CDBG funds will be expended in accordance
with the Federal regulations and requirements governing the program, including, but not
limited to, the program eligibility requirements at 24 CFR 570.202 and the National
Objective requirements at 24 CFR 570.208. The City of Pueblo acting by and through its
Department of Housing and Citizen Services ( "DHCS ") has structured its Senior Light
and Lock Safety Program to comply with all applicable Federal regulations and
requirements.
SECTION 1 - DEFINITIONS
A. Community Development Block Grant Program (CDBG)
The source of funds authorized by Congress and approved by the U.S. Department of
Housing and Urban Development for use in this Program.
B. Low Income
The term given to individuals and households whose total gross income falls below
certain levels established by the Federal government. They are based on HUD estimates
of median family income, with adjustments for family size. In this program, the Section 8
very -low income limits established by HUD will apply.
C. Recipient
The City of Pueblo is the governmental unit receiving Federal funds, and, therefore, is the
recipient.
D. Grantee
The applicant or applicants on title to an owner- occupied, single - family residence who
receives grant assistance through the CDBG funded Senior Light and Lock Safety
Program.
E. Elderly Household
An elderly household is any household in which all members are at least 62 years of age,
or where all persons listed on title are at least 62 years of age and live with one or more
live -in aides, or where all persons listed on title are at least 62 years of age and live with
one or more dependant children who are 17 years of age or younger.
F. Eligible Family Unit:
One or more persons related either by blood, adoption, marriage, or familial status that
are occupying a permanent residential dwelling unit at the time of application.
G. Owner- Occupied Residences
Single - family residences, including manufactured homes permanently attached to real
property occupied by the owner thereof. Owner- occupied rental properties are eligible
properties and can include a two -unit structure where the owner lives in one of the units
and rents the other to a tenant. To be eligible, the rental unit must be a legally permitted
unit for a period of at least 5 years. The property owner must sign an agreement that
states that the property will continue to be the primary residence of the owner.
H. Senior
An individual who is at least 62 years of age.
I. The 2005 NEC
The National Electric Code, 2005 Edition, as adopted and amended by the City of
Pueblo, which is the code currently in effect and adopted through ordinance by the City
of Pueblo establishing minimum requirements and standards on electrical installations to
protect the public health, safety, and welfare.
J. The 2003 IRC
The International Residential Code, 2003 Edition, as adopted and amended by the City of
Pueblo, which is the code currently in effect and adopted through ordinance by the City
of Pueblo establishing minimum requirements and standards for the construction, repair,
and rehabilitation of one to two family dwellings to safeguard the public safety, health,
and general welfare, and safety to life and property from fire and other hazards attributed
to the building environment.
SECTION 2 - ELIGIBILITY REQUIREMENTS
The Senior Light and Light Lock Program assists elderly homeowners through a forgivable
grant. In order to qualify for assistance, homeowners must be considered very-low income
at or below 50% of the AMI as defined by the U.S. Department of Housing and Urban
Development (HUD), and must meet the conditions set forth in this section. The order in
which applicants receive assistance is on a first -come, first -serve basis, and is contingent
upon available grant funds. The City of Pueblo will review all applications and determine
eligibility based on the following:
A. General:
1. The household makeup must meet the definition of an "Elderly Household ".
2. The property taxes must be paid and the property must be free from all tax liens.
The current assessed property value cannot exceed 50% of the FHA 203 (b)
mortgage limit for Pueblo, CO set annually by HUD. Currently the FHA 203(b)
limit is $200,160.
4. The applicant must meet the National Objective of benefit to low -and
moderate - income person as described in 24 CFR 570.208(a)(3).
5. The responsibility for administration of the Senior Light and Lock Program has
been delegated to the Department of Housing and Citizen Services of the City of
Pueblo. ( "DHCS "). DHCS staff decisions regarding eligibility are final unless
an appeal is filed pursuant to Section 10.
B. Property Location:
1. No grants will be made for homes located outside the City of Pueblo. To be
eligible, a property must be: Located in the City of Pueblo;
2. The property must not be located inside of a 100 -year floodplain.
C. Requirements Applicable to Applicant
To be eligible for a Light and Lock assistance grant, the applicant must be the owner and
occupant of a single — family dwelling unit within the Pueblo City limits which complies with
the definition of an elderly household as defined in Section 1.
D. Income
Household income of the applicant must be certified at or below 50% of AMI in
accordance with the most current HUD Section 8 income limits for the Pueblo -
MSA area, in order to be eligible for a grant. Currently the income limits are:
Household
1
2
3
4
5
6
7
8
Size
Income
$18,850
$21,550
$24,250
$26,950
$29,100
$31,250
$33,450
$35,550
Limit
SECTION 3 - APPLICANT'S INCOME
A. Sources of Funds and Amounts Comprising Applicant's Income.
In the preparation of all reports and analysis required by this paragraph, the
following definition and standards as defined under Section 8 of the United States
Housing Act of 1937, and more fully defined in HUD Handbook "Technical
Guide for Determining Income and Allowances" shall apply and be followed by
the DHCS to determine the applicant's eligibility for the Senior Light and Lock
Safety Grant. The following is a listing of the elements comprising income for
purposes of a Senior Light and Lock Safety Grant:
1. Gross Family Income: The total income, from all sources whatsoever of each
member of an eligible family unit.
2. Applicants may only be natural persons. Income of an applicant includes the
income of the applicant and all members of applicant's family residing in the
home, together with applicant's spouse, even if the spouse does not reside in the
home. The applicant's family includes the applicant and any other person or
persons related by blood, marriage, or operation of law, who share the same
dwelling unit. If ownership of the property rests in more than one person, the
applicant is each owner who shares the dwelling unit. The applicant's income,
therefore, is the sum of the family incomes of all applicants. An applicant's
income is established on an annual basis, at the time of applying for a Senior
Light and Lock Safety Grant, and includes:
a. The applicant's earnings;
b. Spouse's earnings, and earnings of all other members of the family who
share the household, if the employment of the spouse or other family
member is a definite characteristic of family life;
c. Other income regularly received by the applicant or his family from any
source;
d. Net income from real estate, other than the subject property, and any other
net business income.
3. Exclusions and Adjustments to Applicant's Income.
a. The following exclusions apply to an applicant's income in connection with a
Senior Light and Lock Safety Grant on a residential property:
i. For purposes of establishing the amount of the applicant's income
that is relevant to the grant, there shall be excluded from the income
of each adult family member residing in the home the income of any
dependent child or children, as defined by the United States Internal
Revenue Service. The applicant's income, adjusted in this manner,
shall be related to the income limits prescribed in the Senior Light
and Lock Safety Program.
ii. The following exclusion applies only to an applicant or family's income
in connection with a Senior Light and Lock Safety Grant. Title II of the
Social Security Act, 42 U.S.C., 401 et. Seq., permits, if certain
conditions are met, the payment of monthly benefits for educational
purposes to the children of an individual entitled to disability or old age
insurance benefits. The income attributed to these benefits should be
excluded from income in determining eligibility for a grant.
SECTION 4 — GRANT & TERM OF GRANT
A. For grants received under this program the following terms will be adhered to:
1. The light and lock assistance grant shall be in the form of a forgivable grant.
SECTION 5 — LIGHT AND LOCK PROGRAM ADMINISTRATIVE PROCEDURES
A. Applicant Screening
1. The following information related to the individual or household applying for
assistance will be obtained and will be verified in writing:
a. All sources of income for all people residing in the dwelling unit, including
without limitations the following:
i. The earned income and retirement income of the prospective grantee
and his/her spouse and any other adult who resides in the dwelling
unit;
ii. Any other income received, such as alimony, child support, or public
assistance that is to be counted for qualification of the applicant;
b. All liabilities of applicant, including total amount of indebtedness and
monthly payment amounts of all indebtedness, including without limitations
the following:
i. Mortgages, liens, and delinquent taxes against the dwelling unit
property that is to be rehabilitated;
2. The following items related to the dwelling unit will be verified in writing:
a. That title to the dwelling unit is held by one or more of the occupants of the
dwelling unit to be rehabilitated.
b. That all ad valonun property taxes are current. The current value of the
property as shown by the records of the Pueblo County Assessor (full value
before calculation of assessed value) will also be obtained.
SECTION 6 - FUNDING OF INDIVIDUAL LIGHT AND LOCK ASSISTANCE
GRANTS
A. Source of Funds
Grant funds shall be limited to the amount necessary to cover the actual cost of the work
to be completed, but at no time shall the amount of grant funding exceed $1,500.
B. Grant
The City will disburse a light and lock assistance grant by drawing a check, payable to the
contractor. Upon completion, a check in the amount of 70% of the contract will be drawn to
the contractor with the retainage paid upon completion of final advertisement.
C. Deposit of Gran t
After a Senior Light and Lock Safety Grant has been approved, an account under the
grantee's name shall be set -up and a budget amount established in the light and lock safety
account.
D. Management of Senior Light and Lock Safety Program Account
The City shall maintain a single Senior Light and Lock Safety Program account as the
depository for all grants. This account shall be separate and distinct from all other accounts
maintained by the City and shall be for the purpose of depositing and withdrawing Senior
Light and Lock Safety Program account funds.
1. Separate Sub - Account for Each Grantee The City shall establish and maintain a
separate sub - account within the Senior Light and Lock Safety Program account
for each grantee that has received a grant. All receipts and disbursements made
for or respect to each grantee shall be recorded in the account.
2. Disbursements from the Senior Light and Lock Safety Program Account.
Disbursements from the separate grantee account within the Senior Light and
Lock Safety Program account shall be by check made payable to the payee for
the following purposes, as may be appropriate:
a. Making progress and final payments for work done through the Senior
Light and Lock Safety Program. Progress payments, if any, are limited
to actual value of the work satisfactorily completed less retainage;
b. Close out of the separate grantee sub - account by appropriately
disbursing any unutilized funds remaining in the account;
3. Disbursements by the City From The Separate Grantee Sub - Account
a. The City, upon receipt of appropriate invoices, and a signed
authorization to pay by grantee, shall draw a check for the payment of
completed and approved work and services. Each check shall be made
payable to the appropriate payee, and the City shall transmit the check
to the payee.
b. Checks shall be delivered, only, after receipt of lien waivers executed
by the payee.
SECTION 7 - CONTRACTING FOR WORK UNDER THE SENIOR LIGHT AND LOCK
SAFETY PROGRAM
A. Bidding, Payments, and Documents
1. Construction work for Senior Light and Lock Safety Program, financed
through this grant, shall be undertaken through a written contract between the
contractor and the owner — grantee. The DHCS shall solicit sealed bids,
annually, based on unit pricing, and award the prospective construction work
to the lowest responsible bidder. Upon satisfactory completion of each
individual Senior Light and Lock Safety Project, the contractor shall be paid
70% of the contract with the retainage paid to the contractor upon satisfactory
completion of all corrective work, receipt of lien waivers, and final
advertising. All work will have at a minimum a one -year after completion
guarantee on all materials and workmanship.
2. The construction contract will consist of a document signed by the contractor
and accepted by the owner - grantee. It shall contain a bid and a proposal by
the contractor and the general conditions, as well as the specifications for the
work to be performed. Terms and specifications may be included in the
contract or incorporated by reference.
3. Issuance of a Notice to Proceed Order: The construction contract shall
provide that the owner - grantee authorizes the contractor to proceed, and shall
require the start of construction be no sooner than four (4) days from the date
of the contract's signing and no later than fifteen (15) days from the date of the
contract's signing.
B. City Responsibilities
The contract will be between the owner- grantee and the contractor; although DHCS will
assist the owner- grantee, the City shall not be responsible for the contractor's
performance.
SECTION 8 - COSTS ALLOWABLE IN A SENIOR LIGHT AND LOCK SAFETY GRANT
A. Allowable Costs
1. Costs allowable under this program include the costs directly associated with
replacement and /or installation of up to two new security locksets with dead bolts,
hardware compliant with Americans with Disabilities Act, exterior lighting, and
administrative costs eligible under the CDBG program.
2. Replacement of hollow -core doors or other door types which, at the housing
specialist's discretion, do not provide adequate security.
3. Reinforcement of doorjambs, replacement of cracked or broken doorjambs.
4. Standard and /or solar powered exterior light fixtures, conduit, wiring, and circuit
breakers.
B. Costs Not Allowable
1. Widening of doorways and other structural repairs are not allowable.
2. Electrical service panel upgrades or service panel replacements. If the existing
electrical panel is unsafe or lacks the capacity to handle any additional electrical
load, the project shall not be undertaken.
3. Replacement of existing functional light fixtures.
4. Utility charges associated with the installation and operation of additional lighting
is not eligible.
5. Costs associated with property loss or damage is not eligible.
C. Work Write -Up
The DHCS shall prepare a work write -up to document the work to be financed with a senior
lock and light safety grant.
SECTION 9 — FEDERAL REQUIRMENTS
A. Fair Housing Requirements
1. Public Law 88 -352 refers to Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§2000d et seq), which provides that no person in the United States shall, on the
ground of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.
2. Title VIII of Public Law 90 -284 refers to the Fair Housing Act (42 U.S.C. §3601),
which states that it is the policy of the United States to provide, within constitutional
limitations, for fair housing throughout the United States and prohibits any person
from discriminating in the sale or rental of housing, the financing of housing, or the
provision of brokerage services, including otherwise making unavailable or denying
a dwelling to any person, because of race, color, religion, sex, national origin,
handicap (disability), or familial status.
3. Executive Order 11063, as amended by Executive Order 12259, directs HUD to take
all action necessary and appropriate to prevent discrimination because of race, color,
religion (creed), sex, disability, or national origin, in the sale, leasing, rental, or other
disposition of residential property and related facilities (including land to be
developed for residential use), or in the use or occupancy thereof, if such property
and related, facilities are, among other things, provided in whole or in part with the
aid of loans, advances, grants, or contributions agreed to be made by the Federal
Government.
B. Non - discrimination in Program Benefit
1. Section 109 of Title I of the Housing and Community Development Act (42
U.S.C. §5309), requires that no person in the United States shall on the ground
of race, color, national origin, disability, or sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with community development
funds made available pursuant to the Act. For purposes of this section, "program
activity" is defined as any function conducted by an identifiable administrative
unit of the recipient, or by any unit of government, sub recipient, or private
contractor receiving community development funds or loans from the recipient.
Specific discriminatory actions prohibited include:
a. Denying any individual any facilities, services, financial aid, or other
benefits provided under the program or activity.
b. Providing any facilities, services, financial aid or other benefits, which are
different, or are provided in a different form, from that provided to others
under the program or activity.
c. Subjecting an individual to segregated or separate treatment in any facility
in, or in any matter of process related to receipt of any service or benefit
under the program or activity.
d. Restricting an individual in any way in access to, or in the enjoyment of, any
advantage or privilege enjoyed by others in connection with facilities,
services, financial aid or other benefits under the program or activity.
e. Treating an individual differently from others in determining whether the
individual requirement or condition which the individual must meet in order
to be provided any facilities, services, or other benefit provided under the
program or satisfies any admission, enrollment, eligibility, membership, or
other activity.
f Denying an individual an opportunity to participate in a program or activity
as an employee.
2. A recipient may not use criteria or methods of administration which have the
effect of subjecting persons to discrimination on the basis of race, color, national
origin, handicap status, or sex, or have the effect of defeating or substantially
impairing accomplishment of the objectives of the program or activity with
respect to persons of a particular race, color, national origin, handicap status, or
sex.
3. A recipient, in determining the site or location of housing or facilities provided in
whole or in part with funds under this part, may not make selections of such site or
location which have the effect of excluding persons from, denying them the benefits
of, or subjecting them to discrimination on the ground of race, color, national origin,
handicap status, or sex; or which have the purpose or effect of defeating or
substantially impairing the accomplishment of the objectives of the Act and of this
section.
4. Section 109 of the Act further provides that any prohibition against
discrimination on the basis of age under the Age Discrimination Act of 1975 (42
U.S.C. §6101 et seq) or with respect to an otherwise qualified handicapped
person as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
§794) shall also apply to any program or activity funded in whole or in part with
funds made available pursuant to the Act.
C. Environmental Standards
1. Section 104(g) of the National Environmental Policy Act of 1969 states that the
intent of the policies of the Act and other provisions of law which further the
purposes of such Act be most effectively implemented in connection with the
expenditure of funds under the Act.
2. Regulations governing such expenditures are set forth in 24 CFR Part 58 and
will be complied with in completing this activity.
D. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients
Assistance under this Program shall not be used directly or indirectly to employ, award
contracts to, or otherwise engage the services of, or fund any contractor or sub recipient
during any period of debarment, suspension, or replacement in ineligibility status under the
provisions of 24 CFR Part 24 of the regulations.
E. Conflict of Interest
1. The requirements of 24 CFR 570.204(c), 24 CFR 85.36 and OMB Circular
A -110 apply to all procurement of supplies, equipment, construction, and
services by recipients and subrecipients.
2. No member of or Delegate to the Congress of the United States, and no
Resident Commissioner shall be permitted to share in any proceeds of the
grant, or in any benefit arising from the same.
3. No bonus, commission, or fee shall be paid for the purpose of obtaining the
Government's approval of the grant application, or any other approval or
concurrence required by the Government or its designee, to complete the
work, financed in whole or in part with the Senior Light and Lock Safety
grant.
No member of the governing body of the City of Pueblo, and no other public
official of the City of Pueblo who exercises any functions or responsibilities
in connection with the administration of the federally - assisted project or
program, and no other officer or employee of the City or consultant who
exercises such functions or responsibilities, or any relatives thereof or third
parties acting on their behalf, shall be allowed to have any interest, direct or
indirect, in the proceeds of any grant, or in any contract entered into by the
applicant for the performance or work financed in whole or in part with the
proceeds of the Senior Light and Lock Safety grant.
F. Use of Grant Proceeds
An applicant agrees, by signing and submitting a grant application, that the grant proceeds
may only be used to pay for costs of services and materials necessary to carry out the work
related to the Program for which the grant will be approved.
G. Completion of Work
An applicant agrees, by signing a grant application, to assure that the work shall be carried
out promptly and efficiently, through written contract awarded with the prior concurrence of
the City.
H. Inspection
An applicant agrees, by signing a grant application, to allow inspection of the property by
the City or its designee, all related work and all contracts, materials, equipment, payrolls,
and conditions of employment pertaining to the work.
I. Records
An applicant agrees, by signing a grant application, to keep such records as may be required
by the City with respect to the Senior Light and Lock Safety work.
J. Incorporation
The provisions of subsections I, J, and K shall be incorporated and included in all grant
documents.
SECTION 10 - GRIEVANCE PROCEDURES
Any applicant for a Senior Light and Lock Safety Grant aggrieved by a decision of the staff
of the DHCS with respect to eligibility and /or amount of grant may have the decision
reconsidered by another member of the staff of the DHCS (other than the person who made
the initial decision). Such request for reconsideration shall be filed in writing in the office of
DHCS within thirty (30) days after the date of the initial decision. Such reconsideration shall
be concluded within twenty (20) calendar days after receipt of the written request for
reconsideration and the decision based on such reconsideration shall be given in writing to
the applicant within twenty (20) calendar days after receipt of the request for reconsideration.
If the applicant is not satisfied with the decision based on such reconsideration, the applicant,
within twenty (20) days after receipt of notice of the decision on reconsideration, may appeal
the decision in writing to the DHCS Director or his designee who shall not have been
involved in either the initial decision or the decision on reconsideration. Such written appeal
shall specify the grounds therefore. The Director or his designee shall conduct a hearing on
such appeal within thirty (30) days after receipt of the written notice of appeal. The decision
of the Director and /or his designee shall be binding upon the applicant and DHCS. Failure of
the applicant to timely file a request for reconsideration and /or an appeal to the Director shall
be deemed a waiver of any right to reconsideration and /or appeal. All applicants shall be
advised of their right to reconsideration and /or appeal.
SECTION 11 - EXCEPTIONS
The provisions of the City of Pueblo's Senior Light and Lock Safety Program set forth herein are
subject to modification and amendments at any time by the City Council of the City of Pueblo and
such authority is hereby reserved to the City Council.