HomeMy WebLinkAbout09228ORDINANCE NO. 9228
AN ORDINANCE APPROVING AND ADOPTING THE CITY OF
PUEBLO'S 2018-2019 ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND THE HOME
INVESTMENT PARTNERSHIP ACT GRANT (HOME),
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 HOUSING
AND URBAN DEVELOPMENT, AND APPROPRIATING AND
BUDGETING CDBG AND HOME FUNDS THEREFORE
WHEREAS, the City of Pueblo is designated as an entitlement city under the Housing and
Community Development Act of 1974, and will receive Community Development Block Grant
(CDBG) and HOME Investment Partnership Act Grants (HOME) for fiscal year 2018; and
WHEREAS, the City of Pueblo conducted a citizen participation process that included one
public hearing within the City of Pueblo in addition to a second public hearing before City Council
to obtain the views of citizens, non-profit and neighborhood groups on the City’s housing and
community needs; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council hereby finds and determines that the City of Pueblo’s 2018-2019 Action
Plan listing projects and programs for funding from CDBG and HOME federal funds has been
developed to give maximum feasible priority to activities which will benefit low- to moderate-
income families and/or aid in the prevention or elimination of slum and blight, as required by HUD,
and is hereby approved, adopted, and incorporated herein.
SECTION 2.
The President of the City Council is hereby authorized to submit, in the name of the City
of Pueblo, the Application (SF-424) and the 2018-2019 Action Plan, together with all required and
necessary certifications, assurances and documentation to the U.S. Department of Housing and
Urban Development for $1,326,342.00 in 2018 CDBG funds and $541,654.00 in 2018 HOME
funds.
SECTION 3.
CDBG funds in the amount of $1,326,342.00 and, HOME funds in the amount of
$659,463.75, which includes the 2018 allocation, and $117,809.75 in required City matching
funds, are hereby budgeted and appropriated for the projects and in the amounts set forth in the
2018-2019 Action Plan. A copy of the recommended projects is herein included as Attachment 1.
SECTION 4.
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
Action Plan.
SECTION 5.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED January 22, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING DEPUTY CITY CLERK
PASSED AND APPROVED: February 12, 2018
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 22, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Ada Rivera Clark, Director, Housing and Citizen Services
SUBJECT: AN ORDINANCE APPROVING AND ADOPTING THE CITY OF PUEBLO'S 2018-
2019 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AND THE HOME INVESTMENT PARTNERSHIP ACT GRANT (HOME),
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 HOUSING AND URBAN DEVELOPMENT, AND
APPROPRIATING AND BUDGETING CDBG AND HOME FUNDS THEREFORE
SUMMARY:
This Ordinance approves the 2018-2019 Action Plan as presented. The Action Plan contains the
funding recommendations made by the Citizens’ Advisory Committee (CAC) and Staff.
PREVIOUS COUNCIL ACTION:
The City Council has not taken any previous action on this matter.
BACKGROUND:
As an entitlement city, the City of Pueblo is required by the U.S. Department of Housing and
Urban Development (HUD) to complete an annual action plan for each of the years of the
Consolidated Plan. This Action Plan and the accompanying documentation serve as the City’s
application to HUD for the 2018-2019 Community Development Block Grant (CDBG) and HOME
Investment Partnership Act Grants (HOME). This is the fourth-year Action Plan under the 2015-
2019 Five-Year Consolidated Plan.
A public meeting was held to receive citizen input and to hear applicant presentations. The
recommendations of the CAC were presented to the City Council at the September 5, 2017, Work
Session. The CAC recommendations were published in The Pueblo Chieftain on October 13,
2017; formally opening the 30-day comment period. The Action Plan was distributed to the City
Council under separate cover. The Action Plan was made available to the public for review.
Copies were available at the City Clerk’s Office, the Department of Housing and Citizen Services,
and the City’s website. One comment was received, and it is incorporated in the Action Plan.
Any increase in the CDBG funding will be apportioned within CD1801 - Program Administration
and then to the Demolition Program. Any decreases in funding will automatically reduce the
administration and public services cap, and then reduce other projects based on their scores.
Increases to the HOME grant will occur as follows: (1)- Activity HO1810 & HO1820 – Program
Administration, will be increased up to the 10% cap; (2)- Activity HO1840 – CHDO, will be
increased to meet the 15% requirement; (3)- Activity HO1830 - Pueblo County Consortium, will
be increased to meet the 13% grant share; and (4)- Remaining funds will go to HO1850 – Housing
Programs. Decreases to the HOME grant will be apportioned in the same order.
FINANCIAL IMPLICATIONS:
The City anticipates receiving $1,326,342.00 in CDBG and $541,654.00 in HOME grants for
housing and community development projects in 2018. The HOME grant requires a 25%
($117,809.75) match from the City. This match was appropriated within the City’s 2018 budget.
BOARD/COMMISSION RECOMMENDATION:
The CAC has recommended that the City Council approve the activities outlined in the 2018-2019
Action Plan.
STAKEHOLDER PROCESS:
The following stakeholder processes were undertaken by the Department. On May 1, 2017,
applications for grant funding were made available to the community. A public hearing was held
before the CAC on July 18, 2017. The public hearing was open for public comments, and for
funding applicants to present their requests to the CAC. The CAC deliberations were held on
August 10, 2017. This was an open-meeting, however public comments were not taken. At the
September 5, 2017, Work Session, Staff presented the recommendations of the CAC. The 30-
day comment period was initiated on October 13, 2017, with the publication of a public notice in
The Pueblo Chieftain.
ALTERNATIVES:
The City Council can choose to not apply for the CDBG and HOME grants.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
Attachment 1: 2018 CDBG and HOME Funding Recommendations
Certificate of Correctness
Certifications
Application for Federal Assistance SF-424: HOME
Application for Federal Assistance SF-424: CDBG
Attachment 1
Community Development Block Grant Program Funds
Project No.Description of ProjectApplicant
Funding Amount
Public Services
Tenant Based Rental Assistance
CD1802Posada, Inc$7,000
Administration
CD1803SRDA TransportationSRDA$14,000
CD1804Home Stability ProgramCatholic Charities$20,000
CD1805Homeless Supportive Services ProgramPosada, Inc$45,000
CD1806Homeless Youth Outreach ProjectPosada, Inc$35,000
CD1807Homeless Support ServicesPueblo Rescue Mission$20,000
Youth Recreation at
CD1808Boys & Girls Club$57,951.30
Risley Eastside Center
Public Facilities/Neighborhood Improvements
CD1809ADA Ramps-CitywideCity of Pueblo$400,000
CD1810Fire Truck Station #4-2201 Lake AveCity of Pueblo$417,122.30
Housing Activities
Emergency Housing RehabilitationPueblo County Housing and
CD1811$45,000
for SeniorsHuman Services
Program Administration
CD1801Program AdministrationHousing and Citizen Services$265,268.40
Total$1,326,342
HOME Partnership Investment Act Program Funds
Project No.Description of ProjectOrganization
Funding Amount
HO1810City AdministrationCity of Pueblo$47,123
HO1820Administration$7,041
Pueblo County
Consortium Share
HO1830Housing Programs(including match)$70,415
Community Housing Development
HO1840City of Pueblo$81,248
Organizations (CHDO)
City of Pueblo
HO1850Housing Programs$353,431
(includingprogram income)
HO1860City of PuebloCity Match Requirement$117,809
Total$677,067
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 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
b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS:
84-6000615 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: 319-553-2845 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:
14.218
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.):
LowMod CensusBlockGrps2014.pdf Add Attachment Delete Attachment View Attachment
15.Descriptive Title of Applicant's Project:
The projects undertaken will consist of capital improvement, neighborhood revitalization and
public services programs to address the needs of low and moderate-income households and
neighborhoods.
Attach supporting documents as specified in agency instructions.
Add Attachments Delete Attachments View Attachments
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: 03/01/2018 *b.End Date: 02/28/2019
18.Estimated Funding(S):
*a.Federal 1,326,342.00
*b.Applicant
*c.State
*d.Local
*e.Other
f. Program Income
*g.TOTAL 1,326,342.00
*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.)
❑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 internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: Mr. *First Name: Christopher
Middle Name: A
*Last Name: Nicoll
Suffix:
'Title: President of the City Council
*Telephone Number 719-553-2655 Fax Number:
*Email: cnicoll@pueblo.us
*Signature of Authorized Representative: *Date Signed: .2/f 2 f(
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):
El 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 CensusBlockGrps2014.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
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: 03/01/2018 'b.End Date: 02/28/2019
18.Estimated Funding(8):
a.Federal 541,654.00
*b.Applicant
*c.State
d.Local
•e.Other 135,413.00
•f. Program Income
•g.TOTAL 677,067.00
*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
111 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.)
El 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: Christopher
Middle Name: A
'Last Name: Nicoll
Suffix:
'Title: President of the City Council
•Telephone Number: 719-553-2655 Fax Number
•Email: cnicoll@pueblo.us /�
'Signature of Authorized Representative: 'Date Signed:
�
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.
Secti • -- 1 1 ill com.l ./ h section 3 of the Housing and Urban Development Act of 1968, and
im: -At
,r f egulattiio `4 CFR Part 135.
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VI
S atu' /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)2018 (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;
Comp nce with Laws--It will comply with applicable laws.
ir A
Ar '? 2_,,, ,,9
• tu e/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;
t
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►l , 2(I z/iY
StTatur4A!horized Official 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.