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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.