HomeMy WebLinkAbout03/17/2003 B A K E R S F I E L D
Mike Maggard, Chair
Harold Hanson
Mark Salvaggio
Staff: Darnell Haynes
BUDGET AND FINANCE COMMI'I-FEE MEETING
of the City Council - City of Bakersfield ~
Monday, March 17, 2003
4:00 p.m.
City Manager's Conference Room, Suite 201
Second Floor - City Hall, 1501 Truxtun Avenue, Bakersfield, CA
AGENDA
1. ROLL CALL
2. ADOPT FEBRUARY 10, 2003 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Staff report and Committee recommendation on Fiscal Year 2003-04
Community Development Block Grant (CDBG), Home Investment
Partnerships (HOME), and Emergency Shelter Grant (ESG) Annual
Spending Plan -Kunz
B. Review and Committee recommendation on Economic Development Loan
Policy Guidelines -Kunz
5. COMMITTEE COMMENTS
6. ADJOURNMENT
S:\Darnel~003Bud&FinCom~bf03mar17agen.doc
B A K E R S F I E L D
Alan ='andy., City I~af~'r '-//¢" Mike Maggard, Chair
Harold Hanson
Staff. Darnell W. Haynes Mark Salvaggio
AGENDA SUMMARY REPORT
BUDGET AND FINANCE COMMITTEE SPECIAL MEETING
Monday, February 10, 2003 · 4:00 p.m.
City Manager's Conference Room - City Hall
1501 Truxtun Avenue, Bakersfield, CA
1. ROLL CALL
Called to Order at 4:08 p.m.
'Present: Councilmembers Mike Maggard, Chair; and Harold Hanson
Councilmember Mark Salvaggio arrived at 4:23 p.m.
2. ADOPT DECEMBER 2, 2002 AGENDA SUMMARY REPORT
Adopted as submitted.
3[ PUBLIC STATEMENTS
4. NEW BUSINESS
A. Staff report and Committee recommendation regarding Audit Reports
for fiscal year ending June 30, 2002
· Comprehensive Annual Financial Report (CAFR)
· Independent Auditors Report - Single Audit Report - Schedule of
Federal Expenditures for the City of Bakersfield
· Independent Auditors Report - Compliance with Contractual
Requirements relative to the Bakersfield Subregional Wastewater
Management Plan
· Independent Auditors Report on Appropriations Limit Worksheet
(GANN Limit) of the City of Bakersfield
Finance Director Gregory Klimko explained the City has started implementation of
the new requirements of GASB 34 (Government Accounting Standards Board),
which encompasses new standards for financial reporting.
AGENDA SUMMARY REPORT
BUDGET AND FINANCE COMMITTEE MEETING ~~T
Monday, February 10, 2003
Page - 2 -
The only surprise in the audit report was a deficit in the self-insurance fund of
$3.4 million. Council has already taken action to transfer $2 million from the
ending General Fund balance to the Self-Insurance Fund and.to handle the
remaining $1.4 million deficit over the next two fiscal years. The audit was clean
and in compliance with generally accepted accounting principles. There were no
significant findings for the current year in the Management Letter,
Committee Member Hanson made a motion to adopt'the audit reports. The motion
was unanimously approved (Committee Member Salvaggio absent for this item).
B, Staff report and Committee recommendation regarding landfill closure
financial plan
Public Works Director Raul Rojas reported that the landfill closure project is fully
funded. By fiscal year ending 2002-03 there will be $5.4 million in the Refuse
Enterprise Fund to pay the City's share of the closure. The landfill closure plan is
scheduled to be filed with regulatory agencies in the spring of 2003. After the
State review process, which can be lengthy, construction is anticipated in late
2004.
,The Committee accepted the report (Committee Member Salvaggio absent for this
item). Staff will include the report in the next General Information packet.
C, Staff report and Committee recommendation regarding Solid Waste
Management Program (financial implications of new County fees)
Public Works Director Raul Rojas reported on the financial implications of the
County's raising their landfill fees beginning FY 2003-04. For the most part,
residential customers will notice an increase on their prOperty tax bill, which is a
direct bill from the County. This is an increase to residents of $.5 million per year.
In addition, there are approximately 120 major retailers, hospitals, malls, etc.,
which will .be hit the hardest with a 24% increase. These 120 businesses, as a
group, will pay an increase of approximately $125,000 per year. The City may
receive the complaints, as the City sends the bills to these customers. However,
this billing is strictly a pass through from the City to the County. The City charges
approximately $200 for hauling the compactor out to the County landfill. However,
. in addition to the hauling fee, there is a per ton charge, which is going up 24% by
the County's action to raise landfill fees. These business locations produce from 2
to 10 tons each per week depending on the type of business.
The City will .also be affected by the increase in the per ton charge for landfill fees
when City refuse trucks unload at the landfill. The increase to the City is projected
to be $500,000 per year.
BUDGET AND FINANCE COMMITTEE MEETING
Monday, February 10, 2003
Page - 3 -
The use of transfer stations where refuse trucks can unload and the refuse is
hauled away by semi-trucks was discussed. However, this would not be cost
effective due to the close driving distance to the County's landfill.
The Committee discussed informing the businesses that will be impacted with the
24% increase beginning FY 2003-04. Staff will prepare a letter to send out to the
effected businesses explaining the County's increase in landfill fees and that the
billing is simply a pass through from the City to the County. The letter will include
the City's efforts to protest against the increase in landfill fees.
D. Discussion and Committee recommendation regarding proposed 2003
Committee meeting schedule
The Committee unanimously accepted the meeting schedule with no changes at
this time.
5. ADJOURNMENT
The meeting adjourned at 4:35 p.m.
Attendance: City Manager Alan Tandy; City Attorney Bart Thiltgen; Assistant City
Manager John W. Stinson; Assistant to the City Manager Darnell Haynes; Public Works
Director Raul Rojas; Finance Director Gregory Klimko; Assistant Finance Director
Nelson Smith; and Solid Waste Director Kevin Barnes
Others: Peter J. Rudy, KUZZ News
cc: Honorable Mayor and City Council
· S:\Darnell\02Budget and Finance\03febl0summary
BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
~~ ~ March 13, 2003
TO: Budget and Finance Committee
FROM: Donna L. Kunz, Economic Development Director
SUBJECT: CDBG, HOME, and ESG Action Plan FY 2003/04
As an Entitlement City under the U.S. Department of Housing and Urban Development
(HUD), the City receives annual entitlements in order to improve Iow-income
neighborhoods in our City. The City's entitlements for FY 2003/04 are: $4,003,000 for
Community Development Block Grant (CDBG) funds; $1,786,088 for HOME Investment
Partnership Program (HOME); and $107,000 for Emergency Shelter Program (ESG). Total
available funds from HUD to improve Iow-income neighborhoods in the City of Bakersfield
is $5,896,088.
In order to identify eligible projects to be funded from the HUD's annual entitlements, a
Notice of Funding Availability (NOFA) is sent out to non-profits, agencies and City
departments for possible projects for the following year. The year a total of 33 proposals
were submitted form non-profits and agencies totaling approximately $8 million requesting
assistance for their projects to improve the quality of lives for Iow-income neighborhoods.
In addition, City departments submitted 21 projects totaling approximately $7.3 million for
activities that would improve the infrastructure in those Iow-income neighborhoods.
Attached is a list of all the proposals and projects submitted for this years CDBG, HOME,
and ESG funds.
A public notice must be published allowing the public to comment on the proposed uses of
the City's entitlement. A notice is scheduled to be published on or about March 22, 2003
with the City Council to approve the final document on April 30, 2003. After reviewing all
the proposals and projects, staff has prepared a proposed budget and Action Plan FY
2003/04. Below is a summary of the proposed budget for consideration and
recommendation to the City Council.
S:~Action Plans~Action Plan 2003-04\B & F Action Plan memo.doc
Summary of Proposed Projects for Action Plan FY 2003~2004
Project Title & Description Proposed Funding Amount
Target Dates
Bakersfield Rescue Mission Community Food Services CDBG - $260,000
Remodel and enlarge the kitchen, dining room from 720 scl.ft, to 3,120 scl.ft. Target Date - Winter 2004
Jefferson Park Pool Rehabilitation Improvement Project CDBG - $250,000
Rehabilitate the Jefferson Park Pool Target Date - Winter 2004
Martin Luther King, Jr. Park Breezeway Roof and Restroom Roof CDBG - $29,000
Improvement Target Date - Fall 2004
Replace the breezeway roof and the restroom roof.
Martin Luther King, Jr. Park Swimming Pool Rehabilitation Project CDBG - $250,000
Rehabilitation of the Martin Luther King, Jr. swimming pool. Target Date - Winter 2004
Metropolitan Recreation Center Playground Construction Project CDBG - $80,000
Construction of a new playground for children 5-12 years of age next to the Target Date - Fall 2004
Stramler portion of the Metropolitan Recreation Center.
Wayside Park Playground Improvement Project CDBG - $224,000
Make playground ecluipment handicap accessible. Target Date - Spring 2004
Pacheco #10 Area Sewer Installation (Phase IV) CDBG - $502,000
Sewer line installation in an area bordered by Pacheco Road on the north, Target Date - Fall 2004
one block east of Elysium Street on the east, Faith Avenue on the south,
and one block west of Centaur Street on the west.
Baker Street Streetscape Improvement Project CDBG - $251,500
Streetscape improvements on Baker Street from the railroad tracks north of Target Date - Winter 2004
Sumner Street, south to East Truxtun Avenue.
19t~ Street and Eye Streetscape Improvement Project CDBG - $313,500
Streetscape improvements on 19th Street from H Street to Eye Street and on Target Date - Spring 2004
Eye Street between 19th and 18th streets.
Graffiti Removal Program CDBG - $100,000
Removal of graffiti within various Iow-income areas within the City. Target Date - Spring 2004
Bakersfield Senior Center Public Services CDBG - $50,000
Funds to help maintain services to senior citizens. Target Date - Winter 2004
Bakersfield Police Southeast Satellite Office CDBG - $85,000
Lease payments and other operational costs for a satellite office to be Target Date - Winter 2004
located at the public housing project at 1102 So. Robinson Street.
Fair Housing Program Services CDBG - $90,000
Implementation of fair housing public services for qualified residents City- Target Date - Summer 2004
wide. Includes education, intake, screening, testing and
mediation/conciliation.
Home Access Grant Program CDBG - $70,000
Grants up to $2,500 for handicap accessibility in privately or publicly owned Target Date - Winter 2004
residential structures in neighborhoods City-wide.
Service Delivery Costs for Housing Related Activities CDBG - $85,000
Staff and overhead costs directly related to carry out single-family
rehabilitation activities.
Acquisition and Demolition Program CDBG- $210,350
Acquisition and demolition of deteriorated structures in economically Target Date - Summer 2004
distressed areas.
Business Loan Program CDBG - $304,632
Financial assistance to qualified existing private for-profit entities for Target Date - Winter 2004
acquisition and/or construction for commercial/industrial improvements
within the City.
Section 108 Loan Repayment for $800,000 of Public Facilities CDBG - $23,100
First years interest on a $800,000 loan for street improvements. Annual Target Date - Summer 2004
loan repayment of approximately $70,000 will start in FY 04/05
Section 108 Loan Repayment for $4.1 million of Public Facilities CDBG - $115,520
First years interest on a $4,100,000 loan to improve two swimming pools Target Date - Summer 2004
and to build a swimming pool and one career counselin~ training center.
S:~,ction Plans~Action Plan 2003-04~B & F Action Plan memo.doc
Project Title & Description Proposed Funding Amount
Target Dates
Planning and Capacity CDBG - $12,000
Eligible planning and urban/redevelopment studies consisting of all costs Target Date - Summer 2004
related to data gathering, plans, environmental analysis, and preparation of
documents necessary to implement consolidated planning strategies and
obJectives.
General Management Oversight and Coordination CDBG - $650,398
Costs associated with overall program management, coordination, and
monitoring of the CDBG pro~]ram.
Indirect Costs CDBG - $125,000
Cost allocation char~les from other City departments.
Public Information CDBG - $20,000
Provision of public information on federal pro~]rams and activities.
Submissions of Applications for Federal Programs CDBG - $12,000
Preparation of applications for submission to HUD and other government
programs.
New Construction Assistance HOME - $939,175
Housing development assistance for costs associated with the acquisition Target Date - Winter 2004
for construction of affordable housing].
Downtown Infill Housing Assistance Plan HOME - $200,000
0% loans of up to $15,000 for downpayment and closing costs assistance to Target Date - Winter 2004
help Iow-income people purchase their homes.
Single-Family Rehab Loan Program HOME - $400,000
Housing loans for the rehabilitation of single-family dwellings for Iow-income Target Date - Winter 2004
persons (deferred and below market rate loans).
CHDO Set Aside HOME - $267,913
Loans for acquisition of dwellings for rehab and reselling to eligible Iow- Target Date - Winter 2004
income buyers. To be implemented by a Community Housing Development
Organization (CHDO).
HOME Administration/Planning Costs HOME - $189,000
Costs related to overall management and coordination of the HOME
program.
Bakersfield Homeless Center ESG - $51,000
Funding] to support operation and maintenance costs of the center. Target Date - Summer 2004
Bakersfield Rescue Mission ESG - $51,000
Funding to support operation and maintenance costs of the center. Target Date - Summer 2004
ESG Program Administration ESG - $5,000
Cost related to overall management and coordination of the ESG pro~]ram.
Subtotal: CDBG $4,113,000 (Entitlement=S4,003,000; Program Income=S110,000)
Subtotal: Home $1,996,088 (Entitlement=S1,786,088; Program Income=S210,000)
Subtotal: ESG $107,000 (no program income)
Total $6,216,088
S:~Action Plans~Action Plan 2003-04~B & F Action Plan memo.doc
NON-PROFIT REQUEST FOR FUNDING FY 2003~04
Applicant Description & Location Estimated Cost HUD Recommendation
Proposal Name City Funds Eligible Comments
Requested
Other Sources
Community Development Block Grant
Applications - FY 2003/04
Greenfield Union Construction of two 1,440 $638,860 Total Cost Yes Not funded
School District sq.ft, modular buildings to 21% of Service Area is
house a community $388,860 City in the County. Did not
Greenfield Community resource center and a $100,000 Health Start apply to County. Not
Partnership Project prenatal, job training $150,000 Applicant within a redev, project
programs on 5 acres, area.
District owned property at Has not applied to the
5600 Monitor Street County.
Ward 1
Bakersfield Police Construct a 3,200 sq.ft. $143,820 Total Cost Yes Not funded
Activities League. multi-purpose room to Currently has two
house safe haven and after $143,820 City CDBG funded projects:
Multi-purpose room school program located at FY99 $116,500 &
Construction project. 301 E. 4th. Has not applied to FY02 $108,000. Funds
County. not expended to date.
Ward 1
Boys and Girls Club of Acquisition of a vacant $399,515 Total Cost Yes Not funded
Bakersfield 22,500 sq.ft. C-1 Project will serve County
commercial zoned property $384,515 City residents.
The Boys and Girls to be developed as a park/ $ 15,000Applicant Has not applied to
Club Park and Outdoor playground located s.w. County.
Recreation Area. corner of Niles and Beale. Has not applied to
County.
Ward 2
Community Action Removal of two dilapidated $213,374 Total Cost Yes Not funded
Partnership of Kern buildings and the Project will serve
construction of one modular $213,374 City County residents. Has
Friendship House located at 2424 Cottonwood not applied to County.
Community Center Road. Has not applied to the
Master Plan for County. Completed CDBG-
Renovation & Ward 1 funded project 2002.
Expansion.
Bakersfield Senior Assistance to the $106,000 Total Yes Funded :$55,000
Center Inc. Bakersfield Senior Center in Operation Budget Consistent with City
providing needed services Council non-profit policy
Bakersfield Senior to seniors at 530 4th Street. $55,000 City
Center Services $51,000 Applicant
Program. Ward 1
Has not applied to
County.
Greater Bakersfield Acquisition assistance to Unknown Total Cost Unkn Not funded
Partners in Progress. purchase 531 California for Incomplete application
the start-up small business $200,000 City
Carson Business incubator center to employ
Center 75 jobs by 2005.
Ward 1
Applicant Description & Location Estimated Cost HUD Recommendation
Proposal Name City Funds Eligible Comments
Requested
Other Sources
Mt. Elgon Corporation Install a modular building at Unknown Total Cost Unkn Not funded
425 Lakeview for a business Application withdrawn
Mt. Elgon Business incubator. $62,451 City
Incubator.
Ward 1 Has not applied to
County.
Bakersfield Rescue Construction of a 2,400 $716,195 Total Cost Yes Fund $260,051
Mission (BRM) sq.ft, commercial kitchen at Has submitted
the Bakersfield Rescue $260,051 City application to County.
Community Food Mission facility located at $375,076 County Site within Old Town
Services Project. 830 Beale Avenue. .$ 81,068 BRM Kern Project Area.
Ward 2
Gurdwara Guru Angad Construction of a 9,000 $1,103,514 Total Cst No Not Funded
Darbar, Inc. sq.ft, senior center to meet Not eligible as
the needs of the Asian- $377,600 City proposed. Religious
Darbar Senior Center Indian seniors located at $625,914 County organization
the S.E. corner of Stine and $100,000 Applicant
Hoskings.
Has applied to
Ward 7 County
Community Action Planning grant to promote $32,180 Total Cost No Not Funded
Partnership of Kern and implement a youth Not eligible as
group volunteers $32,180 City Eligible submitted for HOME
Group Work Camps under funding
Program Program to rehab or repair CDBG
homes occupied by Iow 3ublic
income residents, services
Ward 1
HOME Program
Applications - FY 2003/2004
"Dean sherwood Construction of 128 ' Unknown Total Cost Unkn Not funded
affordable apts. on 15.5 acre Incomplete application
Sherwood Forest parcel located at Chester $800,000 City
Apartments. Avenue, South Union, south
of Planz Road.
Ward 1
Neighborhood Construction of 60 affordable $4,964,760 Tot. Cost Yes Fund $390,000
Empowerment and apartments located on a New Construction
Economic Develop. 3.47 acre parcel at West $390,000 City
Columbus & San Dimas. $600,000 State HCD
Ashley Brookvilla $3,400,000 Tax
Senior Apartments. Ward 3 Credit
$374,760 Developer
equity
Applicant Description & Location Estimated Cost HUD Recommendation
Proposal Name City Funds Eligible Comments
Requested
Other Sources
Good Shepherd Rehabilitation assistance for $86,000 Total Cost No Not funded
Communities two existing single family Religious organization
dwellings located at 1917 $33,840 City
Housing Rehabilitation Canter Way and 4513 Perris
Program 2003. Way that house
Canterway Home developmentally disabled
Perris Way Home adults.
Wards 6 & 2
Housing Authority of the Construction of 52 affordable $5,630,000 Tot. Cost Yes Fund $605,000
County of Kern senor apartments located on New Construction
a 2.0 acre parcel within the $605,000 City
Baker Street Village Old Town Kern $5,025,000 HUD-202
Redevelopment Project Area
at 1010 Kentucky.
Ward 2
Emergency Shelter Grant (ESG)
Applications - FY 2003/2004
.... Bethany Services, Inc.Continue to fund operational $1,428,000 Annual Yes Funded $51,000
cost of the Bakersfield Operating Budget Shelters/Services to
Bakersfield Homeless Homeless Center including homeless clients
Center cost of security maintenance $75,000 City
& utilities at 1600 E. Truxtun.
City-wide
Community Action Expansion of the $63 million Annual Yes Not Funded
Partnership of Kern Homeless on-line and on- Operating Budget Services only to
track program that provides Homeless Clients
Homeless On-Track & supportive Services to $45,256 City
On-line Program homeless Families.
City-wide
Bakersfield Rescue Continue to fund operational $1,416,000 Annual Yes Fund $51,000
Mission (BRM) cost of the BRM including Operating Budget Shelter/Service to
maintenance, utilities, and homeless clients
Homeless Intervention personnel. $59,800 City
Services
City-wide
Mickey's House of Assistance to establish a Unknown Total Cost No Not funded
Restoration, Inc. residential treatment center Application not
Exodus House for women released from submitted
prison at 233 Clyde Street
Mickey's House
Ward 1
Housing Authority of Construction of a 22,600 $3.1 million Tot. Cost Yes Fund $300,000
the County of Kern sq.ft, commercial project for $200,000 Sect. '108 Section 108 $200,00
police sub station, retail 1.8 mil Private loan funding within
training center, child care on $300,000 CDBG Southeast Bakersfield
a 2.7 acre parcel located at $800,000 To be Project Area
the So. corner of So Owens determined
and E. California. Will provide job training
Has not applied to
County.
~.~n~=~onn'~ n.~ ~=,,~;qg request1-21-O3.doc
PUBLIC FACILITIES AND IMPROVEMENTS
Street Improvements Department EligibilityRecommendation/
Ward Ranking Comments
Pacheco #10 Street Area Sewers - Phase IV Public Works Yes Fund $502,000
Sewer mains and laterals in the areas bounded by Centaur Street, Faith Avenue, Elysium Ward 7 Priority 1 Prior Year Funding
Street, and Pacheco Road. Design completed November 2000. Funds available from FY 00 $ 35,003
previous years. ($220,000) FY01 $ 50,000
Estimated Cost - $502,000 FY02 $148,915
Casa Loma #6 Storm Drain Improvements - Phase I Public Works Yes Not Funded
Catch basins, storm drain and additional sewer piping along Planz Road and Brook Ward 1 Priority2 Will meet with neighborhood to
Street. determine scope of project.
Estimated Cost - $564,000
East Bakersfield Draina.qe Improvement Public Works Yes Not Funded
Conduct a drainage study and fund Phase 1 of improvements in the area bounded by Ward 2 Priority 3 Drainage study must be charged
Brundage Lane, Mt. Vernon Ave., Union Ave., State Route 178. Study $150,000 must be toward 20% administration cap.
charged toward the 20% admin cap.
Construction Cost $206,500
Chico Street Curb and Gutter Improvements Public Works Yes Not Funded
Installation of curb, gutter and street improvements on Chico and Kern Streets between Ward 2 Priority4 Area development with mixed
Tulare and Baker Streets. industrial/commercial residential
Estimated Cost $83,500
Median Island Improvement in CDBG Tar. qet Area Public Works Yes Fund $253,000.
Construction of median islands, landscaping, irrigation systems in CDBG eligible area. Wards 1,2,3 Priority 5 Continuation of improvements in
Estimated Cost $253,000 redevelopment project areas
Graffiti Removal General Yes Fund $100,000
Removal of graffiti within various Iow-income areas including education and outreach. Services Priority 1 Continuation of City-wide graffiti
Total cost $34,000 of program City-Wide program
Estimated Cost $156,000 (CDBG targeted area)
Martin Luther Kin.q Jr. Park General Yes Fund $29,000
Breezeway and Restroom roof replacement. Services Priority2 Continuation of MLK, Jr. Park
Estimated Cost $29,000 Wards 1 upgrade
Baker Street Streetscape Improvements EDCD Yes Fund $251,500
Install street improvements, landscaping and street furniture on Baker Street between Ward 2 Priority 1 Continuation of streetscape funded
railroad right of way and East Truxtun Avenue. with EDI - $490,000
Estimated Cost $251,500
Street Improvements Department EligibilityRecommendation/
Ward Ranking Comments ~
19th and Eye Street Streetscape EDCD Yes Fund $313,500
Install street improvements, landscaping, street furniture on 19th Street from H Street to Ward 2 Priority 2 Continuation of streetscape
Eye and Eye Street from 18th to 19th Streets. improvement in the downtown area
Estimated Cost $313,500
Jefferson Park Pla~/ground Equipment Recreation Yes Fund $205,000
Retrofit. Upgrade playground equipment and install ADA surfacing, and Parks Priority 1 Continuation of Jefferson Park
Estimated Cost - $118,000 Ward 2 improvements
Wayside Park Playground Equipment retrofit Recreation Yes Fund $224,000
Upgrade playground equipment and install ADA surfacing, and Parks Priority 2 Upgrading and ADA accessible
Estimated Cost $224,000 Ward 1 playground improvements
Lowell/martin Luther King Jr. Jefferson, Wayside Parks Recreation Yes Not funded
Basketball court resurfacing, and Parks Priority 3
Estimated Cost - $205,000 Ward 1
IV/artin Luther King Jr. Park Picnic Site Improvements Recreation Yes Not Funded
Install permanent picnic sites, and Parks Priority 4 Continuation of MLK, Jr. Park
Estimated Cost - $21,000 Ward 1 improvements
Lowell Park Picnic Site Improvements Recreation Yes Not Funded
Install 4 permanent picnic sites, and Parks Priority 5 Continuation of upgrading to
Estimated Cost $15,000 Ward 1 Lowell Park
Metropolitan Recreation Center Pla~/ground Construction Proiect EDCD/County Yes Fund $80,000
Install new playground equipment, of Kern Parks Priority 1 Continuation of improvements to the
Estimated Cost $80,000 & Recreation Chester ^ve./34th Street area
Ward 3 improvements
Martin Luther King Jr. Center Swimmin.q Pool Restoration Phase III Recreation Yes Fund $250,000
Replacement of pool decking, mechanical filtration, pumping system and restroom at and Parks Priority 1 FY 98 - $6,172
MLK. Project can be phased. Mechanical system and filtration is near collapsing. Ward 1 FY 99-$5,395
$71,500 upgrade system. FY 00 - $88,433
Estimated Cost - $246,000 FY 02 - $63,500
FY 02 - $300,000 (Sect. 108)
Jefferson Park Pool Rehabilitation Phase III Recreation Yes Fund $250,000
Rehabilitation of decking, gutter system, mechanical system and restroom, and Parks Priority 1 FY 95 - $46,167
Estimated Cost $510,000. Ward 2 FY 98 - $243,000
FY 00 - $37,321
FY 01 - $116,512
FY 02 - $300,000 (Sect. 108)
S.'\GEORGE\CIP 2003-04 f:und request.doc
BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
,~'/'J/""~ March 14, 2003
TO: Budget and Finance Committee (~~
FROM: Donna L. Kunz, Economic Development Director
SUBJECT: Economic Development Loan Policy Guidelines
Background
The City of Bakersfield has made several economic development loans over the past 7 years. In
some cases, loans were forgiven over a 5 year period, some were loaned at 0% interest with a
balloon payment due at the end of five years and some were combined with tax increment
rebates if the projects were located in qualifying redevelopment project areas and a significant
private investment was made. The attached list provides the detail of our loan activity since
1995. Last year, one of our deferred loan recipients experienced a downt. Urn in business and
approached the City to modifY'the terms of his loan. Since there waSn't an established policy
concerning forgiving or requiring repayment on our loans, staff brought the request to the City
Council with several alternatives, one which called for forgiveness of his loan and another
alternative which called for a modified repayment schedule. The City Council referred the loan
modification request to the Budget and Finance Committee to establish a loan policy and report
back to the City Council concerning the loan modification request.
The following Loan Policy and guideline was unanimously approved at the September 12, 2002
Budget and Finance Committee meeting. These guidelines provided staff a framework to fairly
evaluate requests for financial assistance, review qualifications of prospective borrowers,
establish criteria for protecting the public investment, and provide justification of the use of public
funds with a cost-benefit analysis.
Since the time the City's loan policy was approved, a state legislative bill also passed that
required any public financial assistance to projects - below market loans or grants to private
activities for construction or development costs, automatically triggered prevailing wages on the
construction costs associated with the entire project. This action has significantly curtailed our
economic development and redevelopment lending and grant activity.
/
C:~Documents and Settings\dkramer\Local Settings\Temp\B & F memo ED loan policy, doc
Last year, the City Council set aside approximately $740,000 of CDBG funds for the purpose of
economic development activity -loans for businesses expanding or locating in the Southeast.
Staff sent out hundreds of letters to business owners and business tenants located in the
Southeast informing them of the loan program. Businesses that indicated an interest in the
program were then sent a loan application, a copy of our loan policy and guidelines and
information explaining the prevailing wage issues associated with SB975. Staff received a few
inquiries, but only one completed application - the Housing Authority for a planned commercial
development on East California. The complexities of the CDBG program requirements and the
SB975 legislative requirements have made it extremely difficult for staff to attract and process
loan requests. It has been suggested that the City change some of its policies concerning the
loan program to encourage more applicants. These suggestions include:
1 .) Allow the loans to be forgiven after 5 years
2.) Lighten up the collateral and underwriting policies, allow collateral other than real
estate.
3.) Allow more than 10%-30% of public funds be available to the project.
All of these suggestions are allowable under the current HUD guidelines. HUD allows the local
jurisdiction to establish its lending policy.
CURRENT LOAN POLICY GUIDELINES
1) Basic tenets
a) The City of Bakersfield is a funder of last resort.
b) The City of Bakersfield will only provide gap financing.
c) Repayment begins immediately (nothing less than annual payments). No balloon
payments.
d) Projects must meet the "but for" test: the applicant must demonstrate the
proposed project cannot succeed but for City assistance.
2) Qualifications
a) A completed loan application with all required attachments must be submitted.
Our clock begins ticking only when a completed package has been submitted.
b) Determination of sound credit position of borrower(s).
c) A proven ability of borrower(s) to repay.
C:\Documents and Settings\dkramer\Local Settings\Temp\B & F memo ED loan policy.doc
3) Criteria
a) Security (collateral) must be,
i) equal to or greater than the amount of the loan.
ii) in a form acceptable to the City of Bakersfield (preferably real estate).
b) The proposed project must demonstrate the ability to (at least one),
i) create jobs.
ii) retain jobs (defined as those that would be lost "but for" this assistance).
iii) reduce blight.
c) The borrower(s) will accept the City's efforts to protect the community's investment
in the proposed project through one or all of the following:
i) clawback (recovery of all or part of the subsidy costs if the project fails to
meet performance criteria).
ii) penalty (fines or charges for non-performance or relocation).
iii) recalibration (adjustments to the amount of the subsidy to reflect changing
business conditions).
d) The responsibility for maintaining the property rests with the property owner and
will run with the property.
4) Cost-benefit analysis
a) Identify all costs:
i) cost of the loan amount.
ii) cost of interest that the City could be earning on funds if the funds were not
used as loan proceeds.
iii) time value of money - the cost to the City of Bakersfield of not having the
use of the funds.
iv) loss of tax revenue, if any.
v) any negative impacts (direct or indirect) to our area's existing businesses.
vi) assistance will not diversify our local economy, if applicable.
C:\Documents and Settings\dkramer\Local Settings\Temp\B & F memo ED loan policy, doc
Vii) spur revitalization.
viii) increase tax revenue
b) Identify all benefits
i) monetary
(1) increase in property tax revenue, if any
(2) increase in sales tax revenue, if any
(3) increase in business license revenue, if any
(4) increase in other tax revenue, if any
ii) non-monetary
(1) assistance will positively directly impact our area's existing businesses,
(2) assistance will diversify our local economic base.
(3) assistance will play a pivotal role in strengthening existing clusters or
forming new clusters in our area.
c) Evaluate the following to determine whether the proposed use will result in a cost
or a benefit:
i) the business will produce a product for export outside our area.
ii) the quality of the jobs to be created.
(1) benefits.
(a) the percent of jobs to be created that will provide benefits.
(b) how the benefits provided by the new jobs compare to those
provided by others in local industry,
(2) wage rate.
(a) the wage rate of jobs compared to others in local industry,
iii) whether the business will target Iow- and moderate-income individuals for
employment.
d) are other types of government assistance received by the borrower(s)?
C:\Documents and Settings\dkramer\Local Settings\Temp\B & F memo ED loan policy, doc
Companies Assisted by the
City of Bakersfield Economic & Community Development Department
March 2003
Company Location of Type of work Owner/CEO/ Total $ of agreement # jobs Source of Use of funds Date Assisted
affected performed by Developer to be created funds
project compan},
AB Dick 1200 18th Street Computers & Bentley $30,000 N/A Tax off-site improvements 8/12/02 RDA
Copiers Sales Partnership tax increment Increment
HPS Mechanical 3100 E. Belle Plumbing Les DenHerder $50,000 20 CDBG permit fees and 10/3/01
Terrace Avenue Contractor 5 year loan at 0% Tax equipment CDBG
$20,000 Inerement 7/9/01 RDA
tax increment
Specialty Trim & 631 California Canvas Awnings Jerry Margrave $10,000 N/A Tax permit fees and 2/12/01 RDA
Awning Avenue tax increment Increment development costs
Victory Circle 700 S. Mount Race car chassis Les DenHerder $50,000 21 CDBG permit fees and 8/16/00.
Vernon Avenue mfg 5 year loan at 0% Tax equipment CDBG
$20,000 Increment 8/14/00 RDA
tax increment
Bks Civic Light 1931 Chester Theater Bks Civic Light $75,000 3 new CDBG lease reduction 6/8/00~:
Opera Opera 5 year forgivable loan 6 retained .
Sangera Auto Auto Mall Auto Sales Mehnga Sanghera $60,000 10 CDBG equipment 1/26/00.
5 year loan at 0%
Stiers RV Sales Auto Mall RV Sales Mike Stier $60,000 10 CDBG equipment 10/21/99~
5 year loan at 0%
· No funds were "actually distributed to the listed company," since payments were provided directly to a vendor. Therefore, the date listed is the date the agreement was approved by the
Bakersfield City Council.
~:Date that funds were "actually distributed to the listed company."
_Assistance provided this company did not involve the "use of the Community Development Block Grant (CDBG) and other funds that primarily benefit low to moderate income persons."
Pleasant 7500 District Call Center/ Ed Hogan $250,000 300 CDBG equipment purchase 7/21/99.
Travel Service Blvd. Travel Agency 5 year forgivable loan
Rite Aid 1701 23rd Street Drug Store Kevin Tweed $13,000 N/A Tax off site _
tax increment Increment improvements 11/9/98 RDA
Sonic Burge[ 1401 23rd Street Fast Food Scott Mc Millan $22,500 N/A Tax off site _
tax increment Increment improvements 11/9/98 RDA
DOPACO, Inc. 5801 District Cardboard Edward Fitts $200,000 75 CDBG equipment purchase 1/14/99~:
Blvd. Packaging & 5 year forgivable loan 4/9/98}
Printing
Step2 7021 Schirra Plastic Products Tom Murdough $137,200 180 CDBG equipment purchase 8/12/98-
Company Court 5 year forgivable loan
Harvel Plastics 7001 Schirra Plastic Pipe Earl Wismer $125,000 40 CDBG fees and 3/11/98.
Court 5 year forgivable loan equipment
Kern-Tech, Inc. 405 East 19th Tooling Mike Miller $170,246 18 new CDBG equipment purchase 3/26/975
Street equipment Cliff David 5 year loan at 0% 10 retained 3/27/99~
Galey's Marine Auto Mall Drive Boat sales and Don Galey $60,000 6 new CDBG fees and equipment 7/23/98~
Supply service 5 year loan at 0% 14 retained 8/20/98:~
L&A Oak 2401 East Furniture mfg Leslie Mufioz & $30,000 61 retained CDBG equipment purchase 3/28/96.
Designs, Inc. Brundage Lane Armando Nava 2 year loan at 8%
Guy Chaddock & 2201 East Furniture mfg Guy Chaddock $200,000 130 new and CDBG buy down lease rate 6/26/96.
Co. Brundage Lane 5 year forgivable loan transfers
Southwest 1500 South Pipeline Floyd E. $150,000 16 retained CDBG purchase of property 4/3/97~/
Contractors, Inc. Union Avenue operations mfg Bowman, Jr. 5 year 9 new
forgivable loan
Hammons Meats, 1700 South Wholesale meat Craig Hammons & $35,000 23 retained CDBG equipment purchase 12/4/96.
Inc. Union Avenue distributor Donald Hammons 5 year 6 new
forgivable loan
John Q. Hammons 801 Truxtun Hotel John Q. Hammons .land & 100 .Transient 'offsetting operational 6/29/95:~
Hotels Avenue improvements: $4.5 M Tax costs 8/31/955
· CDBG: $2.5M .Tax .fumiture, fixtures, 9/21/95:~
Increment and 10/19/95~
· CDBG equipment 11/14/95~
Holiday RV 2710 Auto Mall RV sales and Newton Kindlund $65,000 23 retained CDBG permit fees and 9/14/95~
Drive service forgivable loan 15 new equipment 1/18/96~
· No funds were "actually distributed to the listed company," since payments were provided directly to a vendor. Therefore, the date listed is the date the agreement was approved by the
Bakersfield City Council.
gDate that funds were "actually distributed to the listed company."
_Assistance provided this company did not involve the "use of the Community Development Block Grant (CDBG) and other funds that primarily benefit low to moderate income persons."
KGET 2120 L Street TV station KGET, Ackerly $175,000 N/A Tax rehabilitate building _
Communication tax increment Increment 6/24/96 RDA
Group
Carlson 1120 21 st Street Educating 8: Gayle Carlson $12,000 N/A Tax Off-site improvements _
Development training redevelopment Increment 4/5/95 RDA
people with assistance
disabilities
Total Community Development Funds Committed $4,217,446
Jobs to be created/retained by Companies using the funds 1~096
Cost Per Job Created by CDBG funds $3,848
SSED Projects\Companies provided CDBG or RDA (1995 thru March 2003).DOC
· No funds were "actually distributed to the listed company," since payments were provided directly to a vendor. Therefore, the date listed is the date the agreement was approved by the
Bakersfield City Council.
~Date that funds were "actually distributed to the listed company."
_Assistance provided this company did not involve the "use of the Community Development Block Grant (CDBG) and other funds that primarily benefit low to moderate income persons."
The following documents pertain to the:
BUDGET & FINANCE COMMITTEE
meeting of Monday, March 17, 2003 at
4:00 PM.
HAI~OUT AT BUDGET & FII~CE COMMITTEE
MEETING ONM-~RCH lY, 2003.
§ 570.209 24 CFR Ch. V (4-1-98 Edition)
(ii) .Al! housing activities for which unde.-~.-:.:ing and selecting CDBO-as-
the Community Develooment Finan- sisted economic development projects
ciai Ins[it'-'tion'obligate~ CDBO amsist- which are financially viable and will
ante during [he program >'ear may be make .-.he most effective use of the
copJidered to be a single st~-ucture for CDBG funds. These guidelines, also
purposes of applying the criteria at ferred to as the underwriting guide-
pa--agraph (a)(3) oft. his section, lines, are published as appendix A to
[7) Where an ac~:ivity meeting the cfi- this par-:.. The use of the underwriting
te.~.a at §510.209Co)(2)(v)may also meet guidelines published by HL'D is not
the requirements of either paragraph mandato~'. However. grantees electing
(d)($)(i) or (d)(6)(i) of this section, t}~e '
not'to use these guidelines would be ex-
grantee n~y elect to qualL~y the activ- pected to conduct basic financial un-
ity' under either the area benefit cfi- der~miting prior to the provision of
te.~ia at paragraph (a) (1) (vii) of this CDBG financial assistance to a for-
section or the job aggregation criteria
at parag.-aph (a) (4) (vi) (D) of this sec- profit business. Where appropriate.
rich. but not both. Where an activity HUD's underwriting guidelines recog-
may- nee; the job aggregation criteri~ nize that different levels of review are
at both paragraphs (a) (4) (~!) CD) and (E) appropriate to take into account dif-
of t_his set,on, the grantee may' elect ferences in the size and scope of a pro-
to qualhZy the activity under eirJner cfi- posed project, and in the case of a
teflon, but not both. microenterprise or other small busi-
ness to take into account the dif-
if3 .--R 344~. Sept. 6. 1988; 53 FR 41330. Oct. 21. ferences in the capacity and level of
1998. a~ amended at 60 FR 1945. 3an. ~. 1995:
~0 FR 17445..Apr. 6. ]99~; 60 FR ~69!2. Nov. 9. phisticar_ion among businesses of dif-
I995: 5I FR 1~674. Ap:'. 29. 1996] feting s~as. Recipients are encouraged.
when ~hey develop their own programs
§ 570209 Guidelines for evaluating and under'~riting criteria, to also rake
and selecting economic develol~ these factors into account. The objec-
rnent projects, tires of ~he underwriting guidelines are
The follcwing guidelines are provided to ensure:
[o assist ~ne recipient to evaluaEe and (1) That project costs are reasonable;
select acuvities to be carried out for (2) That all sources of project financ-
economic develomment purposes. Spe- lng are committed;
ci~Scally, r/-.ese guidelines are applica- (3) 'i-nat to the extent practicable,
ble to activities that are eligible for CDBG funds are not substituted for
CDBG assLs~ance under §570.203. These non-Federal financial support;
o-.de..nes also apply to acti~ties ca~-
tied out under the authorit~¢ of §570.204 (4) That the project is financially fea-
that would otherwise be eligible under sible;
§570.203, were it not for the involve- (5) That to the extent practicable,
ment of a Community-Based Develop- the return on the owner's equity in-
ment Organization (CBDO). fl-his vestment will not be um-easonably
would include activities where a CBDO high; and
makes loans to for-profit businesses.) ($) That to the extent practicable,
These guideEnes are composed of ~wo CDBG funds are disbursed on a pro ra~a
components: guidelines for evaluating basis w~ith other finances provided to
project cc~ and financial require- the project.
ments; and standards for evaluating Co) Standards for evafuatfmf pubffc ben-
public bene~. The standa~-ds for evalu- erst. The grantee is responsible for
a~ng public benefk are mandatom/, but making sure that at least a minimum
the guidelines for evaluarAng projects level of public benefit is obtained from
costs and ~nancia/ requ~ements are the expenditure of CDBC funds under
not. the categories of eligibility governed
(a) Gufd~_/fmes and objectfwes for eva/u- by these guidelines. The standards set
atfnf project, costs and f~mancfa/ requfre- forth below identify the ~ of public
memt$, l-iL-D has developed guidelines beneF~,: that will be recognized for this
tha: are designed to provide the recipi- purpose and the minimum level of each
ent with a framework for financially that must be obtained for the amount
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 570.209
of CDBG funds used. Unlike the guide- of an area. the grantee may elect to
lines for project costs and financial re- count the activity under either the
quirements covered under paragraph jobs standard or the area residents
(a} of this section, the use of the s~and- standard, but not both.
a-'ds for public benefit is mandatory. (iv) Where CDBG assistance for an
Ce.'zain public facilities and improve- activity is limited to job training and
ments eligible under §570.201(c) of the placement and/or other employment
regulations, which are undertaken for suppor: services, the jobs assisted with
economic development purposes, are CDBG funds shall be considered to be
also subject to these standards, as created or retained jobs for the put-
specified in § 570.208(a) (4) (vi) (F) (2). poses of applying the aggregate stand-
(l) S~andards for acta'vicies in the a~e- ards.
gate. Activities covered by these gu/de- (v) Any activity subject to these
lines must. in the aggregate, either: guidelines which meets one or more of
(i) Create or retain at least one full- the following criteria may, at the
~me equivalent, permanent job per grantee's option, be excluded from the
~35.00e of CDBG funds used; or
aggregate standards described in para-
(ii) Provide goods or services to re~i- graph (b) (I) of this section:
dents of an area. such that the number (A) Provides jobs exclusively for un-
cf low- and moderate-income persons employed persons or participants in
residing in the areas served by the as- one or more of the following programs:
slsted businesses amounts to'at least (~1) Jobs Training Partnership Act
cne tow- and moderate-income person (3Tt~A):
per S350 of CDBC funds used.
('23 3cbs Opportunities for Basic
(2) Appl. v~ng ~he a~re~are standards. Skills (JOBS): or
(i) A metropolitan city or an urban
county shall apply the aggregaze (3) Aid to Families with Dependent
~%andards under paragraph (b)(1) of tJ~is Children (AFDC);
section to all applicable activities for (B) Provides jobs predominantly for
which CDBG funds are first obligated residents of Public and Indian Housing
~tr/nin each single CDBG program yea~. units;
· ~tr. hout regard to the source year of (C) Provides jobs predominantly for
r/ne funds used for the act/vities. A homeless persons;
g.-antee under the HUD-Administered (]2)) Provides jobs predominantly for
Small Cities or Insular A~eas CDBG low-skilled. Iow-and moderafe-income
programs shall apply the aggregate persons, where the business agrees to
standards under parsgraph Co)(1)oft his provide clear oppor'cunities for pro-
5~ction to all funds obligated for appli- motion and economic advancement.
cable activities from a given grant; Such as through the provision of train-
pro§ra/n income obligated for applica- lng;
~- activities will, for these purposes, (E) Provides jobs predominantly for
be aggregated with the most recent persons residing within a census ti-act
open grant. For any time period in (or block numbering area) that has at
which a community has no open HLqD- least 20 percent of its residents who are
Administered or Ir~sular Are~ granr_s, in pover~/:
the aggregate standards shall be ap- (F) Provides assistance to busi-
plied to all applicable activities for ness(es) that operate(s) within a census
w~,2ch program income is obligated tract (or block numbering area)that
during that period. 'has at least 20 percent of its residenr~
(ii) The grantee shall apply the ag- who are in poverrjc,
~-~gace standards to the number of (G) Stabilizes or revitalizes a neigh-
jokks to be created/retained, or to the borhood that has at least 70 percent of
number of persons residing in the area its residents who are low- and mod-
5erred (as applicable), as determined at orate-income:
the time funds are obligated to acti~.- (]-{) Provides assistance to a Commu-
ti~. niry Development Financial Institu-
',fiji) V~'here an activity, is expected tion that serve an area that is predomi-
both to create or retain jobs and to nantly !ow- and moderate-income per-
provide goods or services to residents sons~
63
§ 570.209 24 CFR Ch. V (4-1-98 Edition)
(I) Provides assistance to a Commu- findings of noncompliance relating to
nit~.'-Based Development Organization previous CDBG assistance provided by
se.~Sng a neighborhood that has a: the recipient.
least 70 percent of its residents who a.-e (4) Appl~wino= the individual ac~ivf~
lo~'- and moderate-income: s~andards. (i) Where an activity is ex-
(J) Provides employment opportuni- pected both to create or retainjobs and
ties that are an integral component of to provide goods or services to resi-
a project designed to promote spatial dents of an area. it will be disqualified'
deconcentration of low- and moderate- only if the amount of CDBG assistance
~come and minority persons; exceeds both of the amounts in para-
(K) With prior HUD approval, pro- graph (b)(3)(i) of this section.
rides substantial benefit to low-income (ii) The individual activity standards
persons through other innovative ap- in paragraph 00)(3)(i) of this section
proaches; shall be applied to the number of jobs
fL) Provides services to the residents to be created or retained, or to the
of an area pursuant to a strategy .ap- number of persons residing in the area
proved by HL~D under the provisions of served (as applicable), as determined at
§91.215(e) of this title; the time funds are obligated to activi-
[M) Creates or retains jobs through ties.
businesses assisted in an area pursuant (iii) Where CDBG assistance for an
to a strategy approved by HUD under activity is limited to job training and
the provisions of §91.215(e) of this tir_le, placement andfor other employment
(3) Standards for individual activitJes, support se.~vices, the jobs assisted vrith
Any acti~ty subject to these guide- CDSC funds shall be' considered to be
lines which falls into one or more of cr~_ated or retained jobs for r. he put-
the following categories will be cons,:d- p~ses of appl),ing the individual activ-
ered by HUE) to provide insufficient ~ ity s~andards in paragraph Co)(3)(i) of
public ~enefit, and ther~ore may under this section.
no ch'cumstances be assisted with (c) A.tnendmencs to economic deveYop-
CDBG funds: men~ projects altar review detezTninat~'ons.
(i) The amount of CDBC assistance If, aker the grantee enters into a con-
exceeds either of the fol]owin§, as ap- b-act to provide assistance to a project,
plicable: the scope or financial elements of the
(A) $50.000 per full-time equivalent, project change to the extent that a sig-
perrnanentjob created or retained; or nificant contract amendment is appro-
(B) $1.000 per low- and moderate-in- priate, the project should be reevalu-
come person to which goods or services ated under these and the recipient's
are provided by the activity, guidelines. (This would include, for ex-
(ii) The activity consists of or in- ample, situations where the business
cludes any of the following: requests a change in the amount or
(A) General promotion of the commu- terms of assistance being provided, or
n!ry as a whole (as opposed to the pro= an extension to the loan payment pe-
motion of specific areas and programs): riod required in the contract.) If a re-
(B) Assistance to professional sports evaluation of the project indicates that
teams; the financial elements and public bene-
(C) Assistance to privately-owned fit to be derived have also substan-
recreational facilities that s~rve a pre- tiallv changed, then the recipient
dominantly higher-income clientele, should make appropriate adjustments
where the recreational benefit to users in the amount, type, terms or condi-
or members clearly outweighs employ- tions of CDBG assistance which has
ment or other benefits to low- and been offered, to reflect the impact of
moderate-income persons; the substantial change. (For example, '
(D) Acquisition of land for wkich the if a change in the project elements re-
specific proposed use has not yet been sults in a substantial reduction of the
identified; and tot_al project costs, it may be appro-
(E) .~ssistance to a for-profit business priate for the recipient to reduce the
w,kile that business or any other busi- amount of total CDBG assistance.) If
ness ox~ned by the same person(s) or the amount of CDBG assistance pro-
entity(les) is the subject of unresolved vided to the project is increased, the
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD §570.301
amended project must still comply lng selection criteria), and how much
'with the public benefit sta~.dards under and under what terms the assistance
pa~-agraph (b)of this section, will be provided, or in the case of a
(d) Docuznentatfon. The grantee must planned public facility or improve-
maintain sufficient records to dem- ment. how it expects to determine its
onstrate the level of public benefit, location.
based on the above standards, r_hat is (b) Float-funded acriwfrfes and ~uaran-
actually achieved upon completion of teas. A recipient may use undisbursed
the CDBG-assisted economic develop- funds in the line of credit and its CDBG
ment activity(ies) and how that com- program account that are budgeted in
pares to the level of such benefit an- statements or action plans for one or
ticipated when the CDBG assistance more other activities that do not need
was obligated. If the grantee's actual the funds immediately, subject to the
results show a pattern of substantial limitations described below. Such
variation from anticipated results, the funds shall be referred to as the "float"
grantee is expected to take all actions for pu.-pcses of this section and the ac-
reasonably within its control to ia- tion plan. Each activity carried out
prove the accuracy of its projections. If using tine float must meet all of the
the actual results demonsr~-~te that same requirements that apply to
r_he recipient has failed the public ben- CDBG-assisted activities generally, and
efzt standards. HUD may require the must be expected to produce program
recipient to meet more sr--ingent income in an amount at least equal to
s%andards in future years as appro- the amount of the float so used. When-
priate, ever the recipient proposes to fund an
[60 FR 1947. Jan. 5. 1995. as amended au 60 FIR activin' ~-ith the float, it must include
17445. Apr. $, 1995] the acti',iry in its action plan or amend
the act/on plan for the current pro-
Subpart D--Entitlement Grants gram year. For purposes of this sec-
tion, an activity that uses such funds
SOU~RCE: 53 F~R 34449. Sept. 6. I9~. urdess will be called a "float-funded activity."
otherv~se noted. (1) Each float-funded activity must
be indisidually listed and described as
§ 570.30~ General. such in the action plan.
This subpart describes the policies (2)(i) The expected time period be-
and procedures governing r_he making tween obligation of assistance for a
of community development block float-funded activity and receipt of
gr-dnts to entitlement communities, program income in an amount at least
q~ne policies and procedures set forth in equal to the full amount drawn from
subparts A. C. 3, K, and O of this par~ the float to fund the activity may not
a/so apply to entitlement grantees, exceed 2.5 years. An activity from
which program income sufficient to re-
§570.301 Activity locations and float- cover the full amount of the float
funding, sistance is expected to be generated
The consolidated plan, action plan. more than 2.5 years after obligation
and amendment submission require- may not be funded from the float, but
ments referred to in this section are may be included in an action plan if it
those in 24 CFR part 91. is funded from CDBG funds other than
(a) For activities for which the grant- the float (e.g., grant funds or proceeds
ee has not yet decided on a speci~c Io- from an approved Section 10~ loan
cation, such as when the gr~ant~ is al- guarantee).
locating an amount of funds to be used (ii) Any extension of the repayment
for making loans or grants to busi- period for a float-funded activity shall
nesses or for residential rehabilitation, be considered to be a new float-funded
the description in the action plan or activity' for these purposes and may be
any amendment shall identify who may impler~ented by the grantee only if the
apply for the assistance, the'process by extension is made subject to the same
which the grantee expects to select limitations and requirements as apply
who will receive the assistance {includ- to a new float-funded activity.