HomeMy WebLinkAbout06.B- City Manager RESOLUTION (ID #2697) DOC ID: 2697 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 10/07/2013
Prepared by: Brandon Mims, (909) 384-5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute a First Amendment to Agreement Between the City of San Bernardino
and Neighborhood Housing Services of the Inland Empire, Inc. for Implementation of the
Mobile Home Grant Program, Deleting the Requirement that Mobile Home Units be Built After
to 1980 to be Eligible for the Mobile Home Grant Program. (#2697)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no fiscal impact to the City's General Fund. The $80,000 is available in HOME
Investment Partnership funds.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
May 3, 2010 adopted Resolution 2010-100, approving the 2010-2015 Five Year Consolidated
Plan
May 7, 2012 adopted Resolution 2012-82 approving the 2012-2013 Annual Action Plan
June 17, 2013 adopted Resolution 2013-011 approving the Agreement between the City and
Neighborhood Housing Services of the Inland Empire
Background:
The Consolidated Plan is a comprehensive five-year strategy that addresses how entitlement cities,
such as the City of San Bernardino, intend to use and leverage federal funds such as Community
Development Block Grant ("CDBG"), HOME Investment Partnership Act Grant ("HOME") and
Emergency Shelter Grant ("ESG"). On May 3, 2010, the Mayor and Common Council adopted the
Five-Year Consolidated Plan and Annual Action Plan that to guides the City and identifies certain
needs to be addressed incrementally for the 2010-2015 period. The above referenced Plans and
Federal application for funds were subsequently submitted by the City and approved by the U.S.
Department of Housing and Urban Development Department ("HUD") on September 28, 2010. The
2012-2013 Annual Plan was approved by the Mayor and Common Council on May 7, 2012 for
submission and was approved by HUD on August 2, 2012.
The intent of this process is to ensure that cities are meeting HUD mandates and are establishing
goals and objectives that provide decent housing, a suitable living environment and expanded
economic opportunities targeted primarily to low- and moderate-income persons. The 2012-2013
Action Plan depicts a year-to-year Plan outlining the goals, objectives and resources to be allocated
incrementally to address the needs identified in the Five-Year Consolidated Plan. Moreover, the
Five-Year Plan identifies community development, housing, infrastructure, homeless and public
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service needs and how those needs will be addressed using anticipated resources from Federal
CDBG, HOME, and ESG funds, State, County and local resources.
In order to continue carrying out the housing functions, and meet its goal statements in the
approved Five -Year Consolidated and 2012-2013 Action Plans and comply with the U. S.
Department of Housing and Urban Development (HUD) grant program requirements, staff is
requesting authorization and consent to implement the following needed housing programs by
allocating $2,360,000 in unprogrammed Federal HOME and $150,000 in CDBG funds. The
proposed reallocation of funds is required to assist the City in meeting its housing goals in the
approved Plans, and HUD, in a letter dated May 1, 2013, to the City (attached) notified the City
of the need to have funds committed and expended. Additionally, the proposed reallocation of
CDBG funds will not impact current funding for the Public Services programs or City funded
program.
The proposed housing activities to be implemented and funded under individual agreements with
identified non-profit housing services provider are:
Mobile Home Grant Repair Program
Although the compact nature of mobile homes generally reduces maintenance costs, the cost of
maintenance as unit's age and deteriorate can overextend a lower or moderate income
household's budget. The Mobile Home Grant Repair Program is proposed to be administered
Neighborhood Housing Services of the Inland Empire (NHSIE). The program provides grants up
to $5,000 for mobile home repairs.
In compliance with the substantial amendment definition of the Citizen Participation Plan in the
approved Five-Year Consolidated Plan, 24 CFR 91.105 HOME implementing regulation, the
general public were afforded the opportunity to review and provide oral and/or written comments
to the proposed substantial Plans amendment. Public notices announcing the amendment and
summary of proposed funding and activities were published in the San Bernardino Sun
Newspaper on April 17, 2013 and May 6, 2013. Any public comments received will be
incorporated into the Plan amendment; however, to date,no comments were received by staff.
Current Issue•
Presently, the agreement between the City and NHSIE stipulates a variety of requirements,
including that the age of the mobile home be newer than 1980. The City has several mobile
home owners who would like to participate in the program but there mobile homes are older than
1980. Staff has worked with HUD program staff and determined that there is no restriction on
use of Home Investment Partnership (HOME) and Community Development Block Grant
(CDBG) dollars in mobile home grant programs. The attached First Amendment to the
Agreement between the City and NHSIE removes the requirement that units be built afterl980 to
be eligible for the Program.
Environmental Impact:
The requested action is exempt under Section 15332 of the California Environmental Quality Act
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("CEQA") and 24 CFR 58.34(a)(3) of the National Environmental Protection Act ("NEPA")
guidelines because the proposed action is required for federal program administration and
compliance. Separate environmental clearances will be processed for each project as they are
identified and processed for funding.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
Exhibit a to Reso First Amendment to Agreement with NHSIE Re Mobile Home Grant Program
(DOC)
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
3 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN
4 BERNARDINO AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND
EMPIRE, INC. FOR IMPLEMENTATION OF THE MOBILE HOME GRANT
5 PROGRAM, DELETING THE REQUIREMENT THAT MOBILE HOME UNITS BE
BUILT AFTER TO 1980 TO BE ELIGIBLE FOR THE MOBILE HOME GRANT
6 PROGRAM. _
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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CITY OF SAN BERNARDINO AS FOLLOWS: a
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SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby
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authorize and direct the City Manger to execute on behalf of said City a First Amendment to
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12 the Agreement between the City of San Bernardino and Neighborhood Housing Services of
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13 the Inland Empire, Inc., a copy of which is attached hereto marked Exhibit "A" and
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incorporated herein by reference as fully as though set forth at length. 0
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SECTION 2. The authorization granted herein shall expire and be void and of no Z
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17 further effect if the First Amendment is not executed by both parties and returned to the
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18 Office of the City Clerk within sixty (60) days following the effective date of the this
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19 Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
2 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND
3 EMPIRE, INC. FOR IMPLEMENTATION OF THE MOBILE HOME GRANT
4 PROGRAM, DELETING THE REQUIREMENT THAT MOBILE HOME UNITS BE
BUILT AFTER TO 1980 TO BE ELIGIBLE FOR THE MOBILE HOME GRANT
5 PROGRAM.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a meeting
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thereof,held on the day of , 2013, by the following vote, to wit: a
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10 Council Members: AYES NAYS ABSTAIN ABSENT c
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11 MARQUEZ L
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12 JENKINS
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15 SHORETT 0
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16 KELLEY o
17 JOHNSON
18 MCCAMMACK
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Georgeann Hanna, City Clerk
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22 The foregoing resolution is hereby approved this day of 52013.
23 a
24 Patrick J. Morris, Mayor
25 City of San Bernardino
26 Approved as to form:
JAMES F. PENMAN,
27 City Attorney
28 By:
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FIRST AMENDMENT TO AGREEMENT Q
1 BETWEEN
2 CITY OF SAN BERNARDINO c
AND
3 NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC.
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4 THIS FIRST AMENDMENT is made and entered into as of October 7, 2013 by and
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between the CITY OF SAN BERNARDINO, a charter city("CITY"), and
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7 NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC., a California N
8 non-profit corporation (the "CONTRACTOR"). In consideration of the mutual covenants and 2
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9 conditions set forth herein,the parties agree as follows: a`
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10 1. This Amendment is made with respect to the following facts and purposes: t�
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11 a. On July 15, 2013 the City and Contractor entered into that certain 0
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13 agreement entitled"City of San Bernardino Mobile Home Grant 0
14 Program" (the "Agreement") for implementation of the City's "Mobile
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15 Home Grant Program"(the "Program"). x
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16 b. The parties hereto now desire to amend the Agreement to delete the 3
17 requirement that mobile home units be built after 1980 to be eligible for E
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the Program. a
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20 2. Exhibit 3, Section B2 is hereby amended to read as follows:
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21 "Only Income Eligible Homeowners who have been cited d
by the City's Inspection Services Division, under Title 25 E
22 of the Mobile Home Park Act(the Act ) y
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23 applicable legislation or local codes, shall be eligible to U_
participate in the Program. This requirement will insure ,°�
24 that only those owners requiring work under the Act, or
other laws, are assisted prior to all others,provided that the
25 homeowner meets all other Program criteria." r
26 3. Except for the changes specifically set forth herein, all other terms and w
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conditions of the Agreement shall remain in full force and effect.
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1 FIRST AMENDMENT TO AGREEMENT
BETWEEN
2 CITY OF SAN BERNARDINO R
AND
3 NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE,INC.
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4 IN WITNESS THEREOF, the parties hereto have caused this First Amendment to be
5 executed by and through their respective authorized officers, as of the date first above written. 2
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8 CITY OF SAN BERNARDINO, CONTRACTOR 2
A Municipal Corporation Neighborhood Housing Services of o
9 Inland Empire, Inc. a.
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By: _
12 Allen J. Parker, City Manager Executive Director 0
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14 Approved as to form: y
15 JAMES F. PENMAN, City Attorney =
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17 By:
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