HomeMy WebLinkAbout08873ORDINANCE NO. 8873
AN ORDINANCE APPROVING AND ADOPTING THE CITY OF
PUEBLO’S FIVE-YEAR 2015-2019 CONSOLIDATED PLAN AND
THE 2015 ANNUAL ACTION PLAN WHICH ESTABLISHES THE
NEEDS AND PRIORITIES OF THE CITY AS REQUIRED BY THE
U.S. DEPARTMENT OF HUD AND PROVIDING STRATEGIES
TO MEET THOSE NEEDS, AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO SUBMIT THE APPLICATION
TOGETHER WITH ALL REQUIRED AND NECESSARY
CERTIFICATIONS, ASSURANCES AND DOCUMENTATION TO
THE U.S. DEPARTMENT OF HUD
WHEREAS, the City of Pueblo is a designated entitlement city under the Housing and
Community Development Act of 1974; and
WHEREAS, entitlement cities are required to complete a Five-Year Consolidated Plan
for consideration of funding approval; and
WHEREAS, the City’s Department of Housing and Citizen Services has completed the
required plan, outlining the needs and priorities of the City, and the strategies to be undertaken
to help address the expressed needs; and
WHEREAS, a copy of the 2015-2019 Five-Year Consolidated Plan, which contains the
2015 Annual Action Plan, was made available to the general public for a 30-day public comment
period. All public comments having been incorporated into the Plan. NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City of Pueblo’s Five-Year 2015-2019 Consolidated Plan and 2015 Annual Action
Plan, copies of which have been previously distributed to members of Council, and the original
having been on file in the City Clerk’s Office for public comment, is hereby approved, adopted
and incorporated herein.
SECTION 2.
The City Council hereby finds and determines that the City of Pueblo’s 2015 Annual
Action Plan listing projects and programs for funding from CDBG and HOME federal funds has
been developed so as to give maximum feasible priority to activities which will benefit low- to
moderate-income families and/or aid in the prevention or elimination of slums and blight, as
required by HUD is hereby approved, adopted and incorporated herein.
SECTION 3.
The President of the City Council is hereby authorized to submit, in the name of the City
of Pueblo, the Application (SF-424), the Five-Year 2015-2019 Consolidated Plan and 2015
Annual Action Plan, together with all required and necessary certifications, assurances and
documentation to the U.S. Department of Housing and Urban Development for $1,330,918 in
new Community Development Block Grant funds and $512,810 in new HOME funds.
SECTION 4.
Community Development Block Grant funds in the amount of $1,350,118, which
includes, $19,200 in program income and HOME funds in the amount of $741,012, which
includes $100,000 in estimated program income and $128,202 ($25,640.50 of which is Pueblo
County’s match requirement) are hereby budgeted and appropriated for the projects and in the
amounts set forth in the 2015 Annual Action Plan, a copy of the recommended projects is herein
included as Attachment 1.
SECTION 5.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the attached Agreement to effectuate the
transactions described within the Action Plan.
SECTION 6.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: _ May 11, 2015
BY: Ed Brown
PASSED AND APPROVED: May 26, 2015
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
CITY COUNCIL MEETING DATE: May 11, 2015
TO: President Stephen K. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Ada Rivera Clark, Director of Housing and Citizen Services
SUBJECT: AN ORDINANCE APPROVING AND ADOPTING THE CITY OF
PUEBLO'S FIVE-YEAR 2015-2019 CONSOLIDATED PLAN AND THE
2015 ANNUAL ACTION PLAN WHICH ESTABLISHES THE NEEDS AND
PRIORITIES OF THE CITY AS REQUIRED BY THE U.S. DEPARTMENT
OF HUD AND PROVIDING STRATEGIES TO MEET THOSE NEEDS,
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO SUBMIT
THE APPLICATION TOGETHER WITH ALL REQUIRED AND
NECESSARY CERTIFICATIONS, ASSURANCES AND
DOCUMENTATION TO THE U.S. DEPARTMENT OF HUD
SUMMARY:
This Ordinance approves the 2015-2019 Consolidated Plan and the 2015 Annual Action Plan to
be submitted to the U.S. Department of Housing and Urban Development for their approval.
PREVIOUS COUNCIL ACTION:
The City Council has not taken any previous action on this matter.
BACKGROUND:
The City of Pueblo is an entitlement city under the Community Development Block Grant and
the HOME Investment Partnership Act grants. The U.S. Department of HUD requires that each
entitlement city complete and submit a five-year consolidated plan prior to receiving grant
funding. This plan must outline the housing and public services needs of the low to moderate-
income community, with special emphasis on the targeted populations (homeless, disabled,
seniors, youth, etc), as established through feedback from local agencies, the general public,
studies and other existing plans.
Presented for approval is the 2015-2019 Consolidated Plan and the 2015 Annual Action Plan.
Public hearings and forums were conducted throughout 2014 to gather input for the Plan. The
Plan establishes the prioritized needs of the City, as required by federal regulation. It also
outlines the objectives, strategies and funding to meet those needs. The funding sources to
address the needs are not confined to CDBG or HOME, but may reflect the vast influx of dollars
that this community receives from both private and public funders.
FINANCIAL IMPLICATIONS:
The adoption and submittal of the Consolidated Plan will allow the City to apply for CDBG and
HOME funds for the years 2015-2019. The City is expected to receive $1,330,918 in CDBG and
$512,810 in HOME grants for housing and community development projects in 2015. The HOME
grant requires a 25% match. The match was previously appropriated within the City’s 2015
budget.
This Plan also allows other agencies and housing providers in this community to apply for funding
from HUD, CHFA and the State. The Housing Authority’s Five-Year Comprehensive Plan must
also be consistent with the City’s Plan. The Authority receives over $2 million in capital
improvement and operating funds for public housing. In any one-year, Pueblo accesses over $5
million in HUD funds to provide housing and public services to the citizens of this community.
BOARD/COMMISSION RECOMMENDATION:
The Citizens Advisory Committee has recommended that the City Council approved the
activities outlined in the 2015 Annual Action Plan.
STAKEHOLDER PROCESS:
The Department undertook a comprehensive stakeholder process in the development of the
Consolidated Plan. Four public meetings were held- one in each of the voting districts. Six
stakeholder meetings were held to assess the needs of the homeless, non-homeless special
needs, and public housing populations to include service providers. A Community Needs
survey was distributed at these meetings and was made available online through
SurveyMonkey.
ALTERNATIVES:
The City Council can choose to not apply for the CDBG and HOME grants.
RECOMMENDATION:
Staff recommends the approval of the Ordinance
ATTACHMENTS:
Certificate of Correctness
Attachment 1
Application for Federal Assistance-SF424 (CDBG)
Application for Federal Assistance-SF424 (HOME)
HOME and CDBG Grant Certifications
OMB Number:4040-0004
Expiration Date:8/31/2016
Application for Federal Assistance SF-424
*1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s):
Preapplication New
®Application ®Continuation *Other(Specify):
El Changed/Corrected Application El Revision
*3.Date Received: 4.Applicant Identifier:
5a.Federal Entity Identifier: 5b.Federal Award Identifier:
State Use Only:
6.Date Received by State: 7.State Application Identifier:
8.APPLICANT INFORMATION:
*a. Legal Name: City of Pueblo, a Municipal Corporation
*b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS:
84-6000615 0106202840000
d.Address:
*Streetl: 2631 E. 4 Street
Street2:
*City: Pueblo
County/Parish: Pueblo
*State: CO: Colorado
Province:
*Country: USA: UNITED STATES
*Zip/Postal Code: 81001-4201
e.Organizational Unit:
Department Name: Division Name:
Housing and Citizen Services
f.Name and contact information of person to be contacted on matters involving this application:
Prefix: Mrs. *First Name: Ada
Middle Name: Maria
*Last Name: Rivera-Clark
Suffix:
Title: Director
Organizational Affiliation:
*Telephone Number: 719-553-2845 Fax Number:
*Email: adaclark@pueblo.us
Application for Federal Assistance SF-424
*9.Type of Applicant 1:Select Applicant Type:
C: City or Township Government
Type of Applicant 2:Select Applicant Type:
Type of Applicant 3:Select Applicant Type:
*Other(specify):
*10.Name of Federal Agency:
U.S. Department of Housing and Urban Development
11.Catalog of Federal Domestic Assistance Number:
14-218
CFDA Title:
Community Development Block Grant
*12.Funding Opportunity Number:
*Title:
13.Competition Identification Number:
Title:
14.Areas Affected by Project(Cities,Counties,States,etc.):
Add Attachment., Delete Attachment • View Attachment `?
*15.Descriptive Title of Applicant's Project:
CDBG entitlement for 2015 is designed as a capital improvement and public services program to
address the needs of low and moderate-income persons, in order to create a viable urban community.
Attach supporting documents as specified in agency instructions.
1 AdddAttachments xDeleteAttachments ;View Attachments
1
Application for Federal Assistance SF-424
16.Congressional Districts Of:
*a.Applicant 3 *b.Program/Project 3
Attach an additional list of Program/Project Congressional Districts if needed.
r{ Add Attachment ;k,Delete,Attachment View Attachment
17.Proposed Project:
*a.Start Date: 03/01/2015 *b. End Date: 02/29/2016
18.Estimated Funding($):
*a.Federal 1,330,918.00
*b.Applicant 0.00
*c.State 0.00
*d.Local 0.00
*e.Other
*f. Program Income 19,200.00
*g.TOTAL 1,350,118.00
*19.Is Application Subject to Review By State Under Executive Order 12372 Process?
0 a.This application was made available to the State under the Executive Order 12372 Process for review on •
❑ b.Program is subject to E.O. 12372 but has not been selected by the State for review.
® c.Program is not covered by E.O. 12372.
*20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.)
ElYes ®No
If"Yes",provide explanation and attach
Add;Attachment+ '.Delete Attachment` View Attachment.
21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may
subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001)
® **I AGREE
**The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: Mr. *First Name: Stephen
Middle Name:
*Last Name: Nawrocki
Suffix:
*Title: President of the City Council
*Telephone Number: 719-553-2655 Fax Number:
*Email: I ,
*Signature of Authorized Representative: 4....
*Date Signed: 05/26/2015
—
r ..
OMB Number:4040-0004
Expiration Date:8/31/2016
Application for Federal Assistance SF-424
*1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s):
Preapplication ❑New
®Application ®Continuation *Other(Specify):
0 Changed/Corrected Application 0 Revision
*3.Date Received: 4.Applicant Identifier:
•
5a.Federal Entity Identifier: 5b.Federal Award Identifier:
State Use Only:
6.Date Received by State: 7.State Application Identifier:
8.APPLICANT INFORMATION:
*a.Legal Name: City of Pueblo, a Municipal Corporation
*b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS:
84-6000615 0106202840000
d.Address:
*Streetl: 2631 E. 4 Street
Street2:
*City: Pueblo
County/Parish: Pueblo
*State: CO: Colorado
Province:
*Country: USA: UNITED STATES
*Zip/Postal Code: 81001-4201
e.Organizational Unit:
Department Name: Division Name:
Housing and Citizen Services
f.Name and contact information of person to be contacted on matters involving this application:
Prefix: Mrs. *First Name: Ada
Middle Name: Maria
*Last Name: Rivera-Clark
Suffix:
Title: Director
Organizational Affiliation:
*Telephone Number: 719-553-2845 Fax Number:
*Email: adaclark@pueblo.us
Application for Federal Assistance SF-424
*9.Type of Applicant 1:Select Applicant Type:
C: City or Township Government
Type of Applicant 2:Select Applicant Type:
Type of Applicant 3:Select Applicant Type:
Other(specify):
*10.Name of Federal Agency:
U.S. Department of Housing and Urban Development
11.Catalog of Federal Domestic Assistance Number:
14-238
CFDA Title:
HOME Investment Partnership Act, Title II
*12.Funding Opportunity Number:
Title:
13.Competition Identification Number:
Title:
14.Areas Affected by Project(Cities,Counties,States,etc.):
Add Attachment x Delete}AttachmenF ?View Attachment e
*15.Descriptive Title of Applicant's Project:
The creation of safe, decent and affordable housing in the City and County of Pueblo.
Attach supporting documents as specified in agency instructions.
'Add Attachments FDelete Attachments View'At(achmerts N'
1
Application for Federal Assistance SF-424
16.Congressional Districts Of:
*a.Applicant 3 *b.Program/Project 3
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment{ Delete Attachment £`View Attachment,
17.Proposed Project:
*a.Start Date: 03/01/2015 *b. End Date: 02/29/2016
18.Estimated Funding($):
*a.Federal 512,810.00
*b.Applicant 0.00
*c.State 0.00
*d.Local 0.00
*e.Other
*f. Program Income 100,000.00
*g.TOTAL 612,810.00
*19.Is Application Subject to Review By State Under Executive Order 12372 Process?
a.This application was made available to the State under the Executive Order 12372 Process for review on
❑ b.Program is subject to E.O. 12372 but has not been selected by the State for review.
® c.Program is not covered by E.O. 12372.
*20.Is the Applicant Delinquent On Any Federal Debt? (if"Yes,"provide explanation in attachment.)
EYes ®No
If"Yes",provide explanation and attach
Add Attachment ( Delete Attachment View Attachment
21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may
subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001)
® **I AGREE
**The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: Mr. *First Name: Stephen
Middle Name:
*Last Name: Nawrocki
Suffix:
*Title: President of the City Council
*Telephone Number: 719-553-2655 Fax Number:
*Email: '
*Signature of Authorized Representative: *Date Signed: 05/26/2015
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan
regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing,
which means it will conduct an analysis of impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any impediments
identified through that analysis, and maintain records reflecting that analysis and actions
in this regard.
Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has
in effect and is following a residential anti-displacement and relocation assistance plan
required under section 104(d) of the Housing and Community Development Act of 1974,
as amended, in connection with any activity assisted with funding under the CDBG or
HOME programs.
Anti-Lobbying-- To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as
applicable) and the jurisdiction possesses the legal authority to carry out the programs for which
it is seeking funding, in accordance with applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG,
and HOPWA funds are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968,
and implementing regulations at 24 CFR Part 135.
Signature/Authorized Official:
Title: President of the City Council
Date: May 26, 2015
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation
plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan
identifies community development and housing needs and specifies both short-term and long-
term community development objectives that provide decent housing, expand economic
opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24
part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG
funds, it certifies that it has developed its Action Plan so as to give maximum feasible
priority to activities which benefit low and moderate income families or aid in the
prevention or elimination of slums or blight. The Action Plan may also include activities
which the grantee certifies are designed to meet other community development needs
having a particular urgency because existing conditions pose a serious and immediate
threat to the health or welfare of the
community, and other financial resources are not available);
2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed
loans during program year(s) 2015, a period specified by the grantee consisting of one,
two, or three specific consecutive program years), shall principally benefit persons of low
and moderate income in a manner that ensures that at least 70 percent of the amount is
expended for activities that benefit such persons during the designated period;
3. Special Assessments. It will not attempt to recover any capital costs of public
improvements assisted with CDBG funds including Section 108 loan guaranteed funds by
assessing any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged or assessment made as a condition of
obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted
with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of
fee or assessment attributable to the capital costs of public improvements financed from other
revenue sources. In this case, an assessment or charge may be made against the property with
respect to the public improvements financed by a source other than CDBG funds. Also, in the
case of properties owned and occupied by moderate-income (not low-income) families, an
assessment or charge may be made against the property for public improvements financed by a
source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the
assessment.
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations;
and
2. A policy of enforcing applicable State and local laws against physically barring entrance
to or exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws -- The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act
(42 USC
3601-3619), and implementing regulations.
Lead-Based Paint-- Its activities concerning lead-based paint will comply with the requirements
of 24CFR Part 35, subparts A, B, J, K and R;
Compliance with Laws -- It will co.� : we-- .:4jble laws.
0Signature/Authorized Official. -
Title: President of the City Council
Date: May 26, 2015
OPTIONAL CERTIFICATION CDBG
Submit the following certification only when one or more of the activities in the action plan are
designed to meet other community development needs having a particular urgency as specified
in 24 CFR
570.208(c):
The grantee hereby certifies that the Annual Plan includes one or more specifically identified
CDBG-assisted activities which are designed to meet other community development needs
having a particular urgency because existing conditions pose a serious and immediate threat to
the health or welfare of the community and other financial resources are not available to meet
such needs.
4.
11 °11111°11....--.'
Signature/Authorized Official: _411111111111111 —`
Title: President of the City Council
Date: May 26, 2015
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-
based rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply, affordability, and
availability of decent, safe, sanitary, and affordable housing.
Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and
costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use
HOME funds for prohibited activities, as described in § 92.214.
Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate
the project in accordance with the guidelines that it adopts for this purpose and will not invest
any more HOME funds in combination with other Federal assistance than is necessary to provide
affordable housing;
Signature/Authorized Official.t.re)
Title: President of the City Council
Date: May 26, 2015