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HomeMy WebLinkAbout09180ORDINANCE NO. 9180 AN ORDINANCE AMENDING THE CITY OF PUEBLO'S 2017- 2018 ACTION PLAN APPROVED AND ADOPTED BY ORDINANCE 9149, BY REPLACING CD1709 - ADA RAMPS- ELIGIBLE CENSUS TRACTS WITH A NEW PROJECT CD1709 - FIRE ENGINE- STATION 4 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 an Annual Action Plan for consideration of funding approval; and WHEREAS, from time to time an entitlement city may find it necessary to amend its approved Consolidated Annual Action Plan to meet the grant requirements, and protect the entitlement funding to its community; and WHEREAS, a draft copy of the substantial amendment to the 2017-2018 Consolidated Annual Action Plan was made available to the general public for a 30-day public comment period, and comments having been incorporated into the amended Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The substantial amendment to the City of Pueblo’s 2017-2018 Consolidated Annual Action Plan, having been on file in the City Clerk’s Office for public comments, is hereby adopted and incorporated herein. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the transactions described within the Annual Action Plan. SECTION 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED: September 25, 2017 BY: Ed Brown PASSED AND APPROVED: October 10, 2017 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 25, 2017 TO: President Steven G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Ada Rivera Clark, Director, Housing and Citizen Services SUBJECT: AN ORDINANCE AMENDING THE CITY OF PUEBLO'S 2017-2018 ACTION PLAN APPROVED AND ADOPTED BY ORDINANCE 9149, BY REPLACING CD1709 - ADA RAMPS-ELIGIBLE CENSUS TRACTS WITH A NEW PROJECT CD1709 -FIRE ENGINE- STATION 4 SUMMARY: This Ordinance amends the 2017-2018 Action Plan (AP) by exchanging a previously approved CDBG activity with an activity that is being recommended for funding in 2018. PREVIOUS COUNCIL ACTION: The City Council has not taken any previous action on this matter. BACKGROUND: The City of Pueblo submitted to HUD its 2017-2018 AP, which is in the process of approval. To date the City has not received it’s grant agreements for the CDBG and the HOME grants. The City has an expenditure deadline to meet by December 31, 2017. In the 2017 AP, the Council set-aside $400,000 in CDBG funds for the installation of ADA compliant curb ramps. Since the funds to undertake this project have not been received and when received will not be completed in time to draw the full amount needed from the Treasury, Staff would like to replace this activity with an activity being recommended to the City Council for funding under the 2018 CDBG grant. The Fire Department made application for the purchase of a new fire engine for Station No. 4, located at 2201 Lake Ave. The Citizens Advisory Committee recommended this activity for funding in 2018. Staff is confident that the CDBG funds for the purchase of this engine could be undertaken in the time required to comply with the expenditure deadline. Under a separate action the City Council is being asked to approve the 2018-2019 Action Plan. The 2018 AP shows $800,000 in funding for CD1809- ADA Curb-ramps, which represents the 2017 allocation of $400,000 and the 2018 allocation of $400,000. FINANCIAL IMPLICATIONS: As of 8/25/17, the City has a draw ratio of 2.4. The required draw ratio is 1.5. This activity expenditure along with the existing pipeline will allow the City to meet the required ratio. Funds not expended by December 31, 2017 are subject to deobligation. BOARD/COMMISSION RECOMMENDATION: The CAC has been notified of the intended Substantial Amendment. STAKEHOLDER PROCESS: A public notice notifying the community of the proposed Substantial Amendment was published in The Pueblo Chieftain, on September 8, 2017. ALTERNATIVES: The City Council can choose to not approve this Substantial Amendment. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: Certificate of Correctness Certifications OMB Number.4040-0004 Expiration Date:10/31/2019 Application for Federal Assistance SF-424 *1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s): Preapplication ®New Application 0 Continuation *Other(Specify): El 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 b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS: 84-6000615 0106202840000 d.Address: *Street1: One City Hall Place Street2: *City: Pueblo County/Parish: Pueblo *State: CO: Colorado Province: *Country: USA: UNITED STATES Zip/Postal Code: 81003-4201 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: *Last Name: Clark Suffix: Title: Director Organizational Affiliation: Telephone Number 719-553-2845 Fax Number 'Email: adaclark@pueblo.us 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: 03/01/2017 *b.End Date: 02/28/2018 18.Estimated Funding($): *a.Federal 1,326,342.00 *b.Applicant c.State *d.Local *e.Other 147,175.00 *f. Program Income 3,007.00 *g.TOTAL 1,476,524.00 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? 111 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.) ▪Yes ®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: Steven Middle Name: Last Name: Nawrocki Suffix: *Title: President of the City Council Telephone Number: 719-553-2655 Fax Number: *Email: snawrocki@pueblo.us *Signature of Authorized Representative: *Date Signed: 0 OMB Number:4040-0004 Expiration Date:10/31/2019 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): ❑Changed/Corrected Application ❑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 *b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS: 84-600615 0106202840000 d.Address: *Streetl: One City Hall Place Street2: *City: Pueblo County/Parish: Pueblo *State: CO: Colorado Province: *Country: USA: UNITED STATES *Zip/Postal Code: 81003-4201 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: *Last Name: 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: 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.): LowMod CensusBlockGrps2U14.pdf Add Attachment Delete Attachment View Attachment *15.Descriptive Title of Applicant's Project: Housing programs that provide for decent and affordable housing for very low, low and moderate- income households. Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments 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. Md Attachment Delete Attachment View Attachment 17.Proposed Project: *a.Start Date: 03/01/2017 *b.End Date: 02/28/2018 18.Estimated Funding($): *a.Federal 541,654.00 *b.Applicant 135,413.50 *c.State *d.Local e.Other 50,537.00 *f. Program Income 78,582.00 *g.TOTAL 806,186.50 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? El 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.) ❑Yes ®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: Steven Middle Name: Last Name: Nawrocki Suffix: *Title: President of the City Council *Telephone Number: 719-553-2655 Fax Number: *Email: snawrocki@pueblo.us Signature of Authorized Representative: > 1' *Date Signed: /0../ /'7 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 cos. . ' section 3 of the Housing and Urban Development Act of 1968, and i • - ..•c----i-: -_ milsat 24 CF' Part 135. `-- —AA i7 ignature/Authorized Official Date 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)2017(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 24 CFR Part 35,subparts A,B,J, K and R; Compliance with Laws—It will comply with applicable laws. 1.--104M /0-/0-/7 Signature/Authorized Official Date Title: President of the City Counicl 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; 11111 111.r •61111 ' 13110 Signature/Authorized Officia%lift•_ Date • Title: President of the City Council APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure.