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HomeMy WebLinkAbout2009-141 II 1 RESOLUTION NO. 2009-] 4] 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING AND APPROVING THE CITY MANAGER OF THE CITY OF SAN BERNARDINO ("CITY") TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY ("CDBG-R") FUNDS 3 4 5 6 7 WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Council") 8 recognizes the need to provide community and economic development activities to the residents of 9 the City of San Bernardino ("City"); and 10 WHEREAS, it is necessary for the Council to approve a substantial amendment 11 ("Substantial Amendment") to the City's 2008-2009 Annual Action Plan in order to submit an 12 application to the U.S. Department of Housing and Urban Development ("HUD") Community 13 Development Block Grant-Recovery ("CDBG-R") Funds; and 14 WHEREAS, the Council recognizes the benefits to be derived from receiving CDBG-R 15 Funds from HUD in the amount of$951,548; and 16 WHEREAS, the CDBG-R Funds are made available by HUD to provide funding for 17 community and economic development activities benefitting the residents ofthe City; and 18 WHEREAS, the City is eligible to apply to HUD for such CDBG-R Funds and to then 19 make such funds available to be administered by the Redevelopment Agency of the City of San 20 Bernardino ("Agency") as the intended sub-recipient of the application of the City and 21 administrator of the CDBG-R Funds. 22 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 23 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 24 FOLLOWS: 25 Section 1. The Council hereby finds and determines that the facts and circumstances set 26 forth in the Recitals hereof are true and correct in all respects. 27 28 I P:\Agendas\Reso\utioDs\Rcsolutions\2009\OM)1-Q9 CDBG-R MCC Reso_doc 2009-141 1 Section 2. The Council hereby consents to the submittal of (i) a Substantial Amendment to 2 the City's 2008-2009 Annual Action Plan considered with this Resolution together with any and all 3 public comments received at and pursuant to the time of adoption of the Resolution and (ii) a 4 CDBG-R Funds Application in the form as attached to this Resolution as Exhibit "A". The Council 5 hereby approves and authorizes the City Manager to execute and to submit the CDBG-R 6 Application on behalf of the City together with such additional information from the Agency as the 7 sub-recipient and administrator of the CDBG-R Funds for the use and administration by the Agency 8 of the CDBG-R Funds to thus provide community and economic development activities benefitting 9 the residents of the City. 10 Section 3. This Resolution shall take effect upon its adoption and execution in the manner 11 as required by the City Charter. 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 2 P:\Agendas\RcsolutionslResolutions\2009\06-01...09 CDBG-R MCC Rcso.OOc 1 2 3 4 5 [ 2009-141 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING AND APPROVING THE CITY MANAGER OF THE CITY OF SAN BERNARDINO ("CITY") TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY ("CDBG-R") FUNDS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j oint regular 7 thereof, held on the 1st day of June 8 Council Members: Aves Navs 9 ESTRADA X 10 BAXTER ----1L 11 BRINKER X 12 SHORETT X 13 KELLEY X - 14 JOHNSON -----..1L MC CAMMACK X 15 16 17 meeting , 2009, by the following vote to wit: Abstain Absent Ra~i~l~r~ 18 vf. 19 The foregoing Resolution is hereby approved this 'b day of June 20 21 22 ,2009. ~.Mo~or City of San Bernardino 23 Approved as to Form: 24 By: 25 26 27 28 1. James F. Penman, City Attorney 3 P:\Agendas\Resolutiolls\Resolutions\2009\06-01-09 CDBG-R Mec Rcsodoc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY ("CDBG-R") FUNDS APPLICATION P:\Agendas\ResoI1lIions\Resolulions\2009\06..01-09 CDBG-R Mec Reso,doc 4 CITY OF SAN BERNARDINO COMMUNITY DEVELOPMENT BLOCKGRANT-R SUBSTANTIAL AMENDMENT This Substantial Amendment to the City of San Bernardino's current Five-Year Consolidated Plan and 2008-2009 Action Plan is written into a template provided by the U.S. Department of Housing and Urban Development (HUD). The substantial amendment process allows the City to quickly apply for Community Development Block Grant - Recovery (CDBG-R) funds. The City of San Bernardino expects to receive a formula allocation of $951,548 in CDBG-R funds. The grant period will begin on or about July 1,2009 and will end on September 30, 2012. As a Special Appropriation, CDBG-R funds are provided by the federal government as an addition to the regular formula allocation of CDBG funds that the City received for Fiscal Year 2008-2009. The City proposes to utilize its CDBG-R funds in accordance with the project/activity descriptions that follow in Section B. BACKGROUND The American Recovery and Reinvestment Act of 2009 ("Recovery Act") was signed into law by President Obama on February 17,2009. The Recovery Act awards $1 billion in CDBG Recovery (CDBG-R) funds to be distributed to cities, counties, insular areas and states, of which $10 million has been reserved by the HUD for its administrative costs and $10 million of which will be awarded to Indian tribes. Recipients of the remaining $980 million ofCDBG-R funds will be the approximately 1,200 jurisdictions that received CDBG funding in Fiscal Year 2008. ENSURING RESPONSIBLE SPENDING OF RECOVERY ACT FUNDS Funding available under the Recovery Act has clear purposes - to stimulate the economy through measures that modernize the Nation's infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. HUD strongly urges grantees to use CDBG- R funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is available to grantees, the Department strongly suggests that grantees incorporate consideration of the public perception of the intent of the Recovery Act in identifying and selecting projects for CDBG-R funding. A. SPREADSHEET FOR REPORTING PROPOSED CDBG-R ACTIVITIES Grantees must provide information concerning CDBG-R assisted activities in an electronic spreadsheet provided by HUD. The information that must be reported in the spreadsheet includes activity name, activity description, CDBG-R dollar amount budgeted, eligibility II City of San Bernardino CDBG-R Substantial Amendment category, national objective citation, additional Recovery Act funds for the activity received from other programs, and total activity budget. An electronic copy of the spreadsheet and the format is available on HUD's recovery web site at htto:llwww.hud.gov/recovery. The City of San Bernardino's Spreadsheet for Reporting Proposed CDBG-R Activities can be found at the end ofthis Substantial Amendment document. B. CDBG-R INFORM A T/ON BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (1) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet for Reporting Proposed CDBG-R Activities - this will allow HUD to easily match actiyity narratives with the information provided in the spreadsheet.) Skate Board Park at Speicher Park (2) Activity Narrative: In addition to the Spreadsheet for Reporting Proposed CDBG-R Activities, grantees must provide a narrative for each activity describing how the use of the grantee's CDBG-R funds will meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's narrative must also state how CDBG-R funds will be used in a manner that maximizes job creation and economic benefit in relation to the CDBG-R funds obligated, and will address the Recovery Act, by: . Preserving and creating jobs and promoting economic recovery; . Assisting those most impacted by the recession; . Providing investment needed to increase economic efficiency; . Investing in transportation, environmental protection, or other infrastructure that will provide long-term economic benefits; . Minimizing or avoiding reductions in essential services; or . Fostering energy independence. Design and construction by the City of San Bernardino of a concrete skate board facility; inclnding riding ramp, restroom, fencing and landscape improvements; at Speicher Park, located at the sontheast corner of Pacific Street and Arden Avenne (1535 Arden Avenne, San Bernardino, CA); for providing a facility that youth in the community need to safely and legally ride skate boards, and to stimulate the local economy through a project that will generate approximately 10 construction jobs and utilize construction materials produced in America. This project has been a high priority community need, but other community development or re-development funding at a sufficient level has not been available to complete the desired improvements. The site has been selected and is immediately available for development. Also, the City of San Bernardino is prepared to bear the on-going maintenance and operation expenses of the skate park. The relative simplicity of this project will allow a quick start-up of construction, resulting in immediate demand for construction workers in the community. 2 - City of San Bernardino CDBG-R Substantial Amendment The construction trades anticipated for this project primarily will be laborers, plumbers, electricians and concrete finishers. These are trades that have been adversely affected by the slow-down of housing and commercial construction due to the recession. Further, these workers will tend to spend their earnings to provide themselves and their families with basic necessities - particularly if they are hired to this project after haviug been laid off or otherwise without work. By providing a place where youth can go to ride their skate boards, the City expects to see a decrease in loitering and vandalism. Giving youth an outlet for their ambitions and energy will both help to develop their potentials and reduce the cost, of destructive behaviors, to themselves, their families and the criminal justice system. Their long-term economic potential will be better realized and society will be able to re-direct its energies and resources to addressing other concerns. (3) Jobs Created: (Report the number of full- and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). This project is expected to create or retain approximately ten (10) full time equivalent construction jobs. Other work generated by this project includes grant planning and administration, project planning and design, contract compliance monitoring, construction management, and plan checking and inspection work. (4) Additional Activitv Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) The completed skate park facility will help to reduce pollution emissions by providing a location where skate boarders can gather and ride, rather than riding around in cars in need of physical activity. The exercise they will get from skate boarding will help to develop their strength and coordination. Others who come to the park to observe the riders will benefit from this activity. (5) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) Jurisdiction( s): www.sbrda.org CDBG-R Contact Person: Lisa Connor Address: City of San Bernardino Economic Development Agency 201 North "E" Street San Bernardino, CA 92401 Telephone: (909) 663-1044 Fax: (909) 888-9413 Email: Iconnorliilsbrda.orl!: City of San Bernardino Jurisdiction Web Address: 3 - City of San Bernardino CDBG-R Substantial Amendment C. PUBLIC COMMENT Provide a summary of public comments received to the proposed CDBG-R Substantial Amendment. Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods and posted on the jurisdiction's website for no less than 7 calendar days for public comment. Response: On June 1, 2009, the City of San Bernardino will hold a noticed public hearing before the Mayor and Common Council to allow for public commentldiscussion regarding this proposed Substantial Amendment. The following is a summary of the public comments received after publication of the public hearing notice, and received at the public hearing. Public Comments: To date, no public comments have been received. Upon completion of the seven (7) day public comment period including the public hearing, any comments received will be added to this section of the Substantial Amendment. 4 CDBG-R Substantial Amendment Grantee Checklist - For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the CDBG-R Substantial Amendment, Spreadsheet for Reporting Proposed CDBG-R Activities, and SF-424. Jurisdiction(s): Lead Agency: Contents of a CDBG-R Action Plan Substantial Amendment CDBG-R Contact Person: Lisa Connor Address: City of San Bernardino Economic Development Agency 201 North "E" Street San Bernardino, CA 92401 Telephone: (909)663-1044 Fax: (909) 888-9413 Email: IconnorlOlsbrda.or.. City of San Bernardino Jurisdiction Web Address: www.sbrda.org The elements in the substantial amendment required for the CDBG recovery funds are: A. SPREADSHEET FOR REpORTING PROPOSED CDBG-R ACTIVITIES Does the submission contain a paper copy of the Spreadsheet for Reporting Proposed CDBG-R Activities? Yes 0 NoD Verification found on page 1. Activitv Data Spreadsheet Does the submission include an electronic version of the Spreadsheet for Reporting Proposed CDBG-R Activities sent to the email box CDBG-R@hud.gov? Yes 0 NoD Date Spreadsheet was emailed: Mav 28. 2009 Does the Spreadsheet for Reporting Proposed CDBG-R Activities include, for each activity: . amount of funds budgeted for each activity, including CDBG-R funds, any additional Recovery Funds used and total activity budget, Yes 0 NoD Verification found on page(s) 1. Activity Data Spreadsheet . the Eligibility citation (eligibility regulatory cite or HCDA cite), Yes 0 NoD Verification found on page(s) 1. Activity Data Spreadsheet II CDBG-R Substantial Amendment Grantee Checklist . the CDBG national objective citation, Yes 0 NoD Verification found on page(s) L Activitv Data Spreadsheet B. CDBG-R INFORMATION BY ACTIVITY Does the submission contain information by activity describing how the grantee will use the funds, including: . a narrative for each activity describing how CDBG-R funds will be used in a manner that maximizes job creation and economic benefit, Yes 0 No D Verification found on page(s) 2 . projected number of jobs created for each activity, Yes 0 No D Verification found on page(s) 2 . whether an activity will promote energy efficiency and conservation, Yes 0 No 0 Verification found on page(s) · the name, location, and contact information for the entity that will carry out the activity, Yes 0 No D Verification found on page(s) 3 . evidence that no more than 10% of the grant amount will be spent on administration and planning, Yes 0 No D Verification found on page (s) 1. Activity Data Spreadsheet . evidence that no more than 15% of the grant amount will be spent on public services, Yes 0 No D Verification found on page (s) 1. Activity Data Spreadsheet · evidence that at least 70% of the grant amount will benefit persons ofIow and moderate income, Yes 0 No D Verification found on page (s) 1, Activity Data Spreadsheet C. PUBLIC COMMENT PERIOD Was the proposed action plan amendment published via the jurisdiction's usual methods and on the Internet for no less than 7 calendar days of public comment? Yes 0 NoD. Verification found on page(s) 3 Is there a summary of citizen comments included in the final amendment? Yes 0 NoD Verification found on page(s) 4 2 . D. CERTIFICATIONS CDBG-R Substantial Amendment Grantee Checklist The following certifications are complete and accurate: (I) Affirmatively furthering fair housing (2) Anti-displacement and relocation plan (3) Drug-free Workplace (4) Anti-lobbying (5) Authority of jurisdiction (6) Consistency with plan (7) Section 3 (8) Community development plan (9) Following a plan (10) Use of Funds (II) Excessive Force (12) Compliance with anti-discrimination laws (13) Lead-based paint procedures (14) Compliance with laws (15) Compliance with ARRA (16) Project selection (17) Timeliness of infrastructure investments (18) Buy American provision (19) Appropriate use offunds for infrastructure investments (20) 70% ofCDBG-R for LMI Optional Certification (21) Urgent Need Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD Yes Ii:! NoD 3 j ... . CDBG-R Substantial Amendment Grantee Checklist D. STATE CERTIFICATIONS (NOT ApPLICABLE) The following certifications are complete and accurate: (I) Affirmatively furthering fair housing (2) Anti-displacement and relocation plan (3) Drug-free Workplace (4) Anti-lobbying (5) Authority of State (6) Consistency with plan (7) Section 3 (8) Community development plan (9) Consultation with Local Governments (10) Use of Funds (II) Excessive Force (12) Compliance with anti-discrimination laws (13) Compliance with laws (14) Compliance with ARRA (15) Project selection (16) Timeliness of infrastructure investments (17) Buy American provision (18) Appropriate use of funds for infrastructure investments (19) 70% of CDBG-R for LMI Optional Certification (20) Urgent Need YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD YesD NoD 4 ii ~ . ~ a: ~ clJa. 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