HomeMy WebLinkAboutRES NO 75-75RESOLUTION NO. 75-75
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD, CALIFORNIA, PROVIDING FOR SPECIFIC
PROJECTS FOR THE FIRST ACTION YEAR IN RESPECT
TO THE COMMUNITY DEVELOPMENT PROGRAM BLOCK
GRANT (NO. B-75-MC-06-0510) UNDER THE PROVISIONS
OF TITLE I OF THE HOUSING AND COMMUNITY DEVELOP-
MENT ACT OF 1974.
WHEREAS, the Council of the City of Bakersfield, on March
24, 1975, approved for filing with the Department of Housing and
Urban Development ("HUD"), an Application For Federal Assistance
(a Community Development Block Grant) under Title I of the Housing
and Community Development Act of 1974; and
WHEREAS, subsequent to the filing of said application,
the City of Bakersfield was approved by HUD for funding, in the
amount of $331,000 for the program year beginning June 4, 1975, and
ending June 3, 1976; and
WHEREAS, the City has executed a Grant Agreement with HUD
on June 6, 1975, under which HUD agrees to assist the City in carry-
ing out the projects mentioned in the Funding Approval, which pro-
jects are more particularly set forth in this Resolution; and
WHEREAS, the City has received from HUD, effective July
17, 1975, Letter of Credit No. 86-00-9079, in the amount of
$331,000 covering all such projects; and
WHEREAS, the Planning Project, set forth in Paragraph II
below and the Administration Project, set forth in Paragraph VIII
below, are exempt from the Environmental Review Procedures as speci-
fied in Volume 40 Federal Register Number 137, and the grant funds
allocated to these approved projects are or will be available to the
City upon a draw down on the Letter of Credit to the designated
depositary, for fun~ received directly from the U.S. Treasury; and
WHEREAS, the City of Bakersfield has completed all
applicable environmental review and clearance requirements with
respect to the Housing Improvement Project, set forth in Paragraph
III below, the Neighborhood Curb'and Gutter Project, set forth in
Paragraph IV below, the Blight Eradication/Downtown Revitalization
Project, set forth in Paragraph V below, the Tree Project, set
forth in Paragraph VI below, and the Storm Drain Project set
forth in Paragraph VII below; the City has also complied with
the California Environmental Quality Act and Guidelines with
respect to such projects; and
WHEREAS, the Planning and Administration Projects have
heretofore been approved and are now being implemented by the
Community Development Director, his staff and consultants under
contract; and
WHEREAS, it is the desire of the Council to describe,
implement and put into action, the Housing Improvement, Neighbor-
hood Curb and Gutter, Blight Eradication/Downtown Revitalization,
Tree, and the Storm Drain Projects, in accordance with the terms
and conditions of the Grant Agreement, Title I of the Housing and
CoLLm~unity Development Law of 1974, the HUD Community Development
Block Grant Regulations at 24 CFR Part 570, and subject to all
other applicable laws and regulations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield that all projects recited above are and shall
be described, implemented and put into action by the City, in
accordance with the recitals above, pursuant to the following
provisions:
I
General Provisions
A. Administration.
1. The Community Development Director ("CDD") shall
have the primary responsibilit~ for the administration of the
Block Grant Program in the City of Bakersfield and compliance
with the Grant Agreement and applicable laws and regulations,
in the implementation and carrying out of the projects hereinafter
described and approved by the City Council in this Resolution.
Included are the requirements that City acquisition policy complies
with Title III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act and of documentation of actions undertaken
to assure that no person, on the ground of race, color, national
origin or sex, has been excluded from participation in, denied
the benefits of, or otherwise subjected to discrimination under
any project.
2. The CDD shall be responsible for submission of all
reports and assessments required by HUD, except financial reports.
B. Financial Management.
1. The Finance Director shall maintain the financial
records for the Block Grant Program in accordance with OMB Circu-
lar 74-4 or superseding regulations, including information pertain-
ing to grant awards and authorizations, obligations, unobligated
balances, assets, liabilities, outlays and income.
2. The Financial Director shall be responsible for sub-
mitting such financial reports as are required by HUD, consistent
with OMB Circular 74-4 or superseding regulations.
C. Reports to City Council. The City Manager shall make
monthly reports to the City Council on the progress of the projects
described in this resolution.
II
Planning Project
A. Objective. The objective of these interrelated planning
projects is to develop short-range intermediate and long-range
plans which will identify City policies, goals, objectives, prior-
ities and resources for implementation of a continuous community
development process in the City of Bakersfield.
B. Project Description. A total of $121,000 is budgeted for
the Planning Project in the first action year. This project is
exempt from environmental requirements as stated in the recitals
to this Resolution, and has been implemented and is presently
being carried out under the direction of the Community Development
Director, City staff and contracting parties. This project con-
sists of four specific but interrelated projects, as follows:
1. Policy Project. This project will begin identifying
City policies related to planning and community development in the
following broad areas: (a) Governmental Management; (b) Land Use;
(c) Transportation; (d) Environment; and (e) Public Safety.
2. Target Area Planning PrOject. This project will
develop short, intermediate, and long-range future plans for those
portions of the City within the target area boundaries, generally
bounded by Freeway 99 and Mount Vernon Avenue on the west and
east, and Columbus Avenue and Brundage Lane on the north and south.
3. Resource Allocation Project. This program will
identify and recorf~f~end the priority needs of the community to the
City Council and develop and recommend to the City CoUncil a pro-
cess for the allocation of community development block grants in
future years. It will be the explicit prerogative of the City
Council to approve any and all allocations of funds associated
with the community development block grant program.
4. Ordinance Revision Project. This program will involve
the modification of City ordinances as the City Council shall deem
necessary to aid in the implementation of the overall co~m~unity
development effort.
III
Housing Improvement Project (Code Enforcement)
A. Objective. The objective of this community development
project under the Co~f~unity Development Block Grant Program in
the City of Bakersfield is to begin steps to secure decent, safe
and sanitary housing in residential neighborhoods by providing
financial assistance to eligible homeowners to bring dwellings
up to City Code requirements.
B. Project Description. A total of $7,000 is budgeted for
the housing improvement project in the first action year. This
money will be placed on account with the City Finance Director
in a housing revolving fund which may be used in connection with
the City's code enforcement program. This revolving fund program
will be administered by the Community Development Director, who
may authorize the Finance Director to make interest-free loans
from such fund to owner-occupants, in conservation areas approved
'by the City Council within the City, to effectuate decent, safe
and sanitary housing, in accordance with the procedures outlined
below.
C. Procedures. The specific procedures for implementing
the housing improvement project are as follows:
1. Selection of the specific properties for inclusion
in the housing improvement project will be made by the'Community
Development Director in accordance with City Council approved
policy. He shall have the assistance of the Building Director
in such selection process. Criteria for selection of properties
shall include: (a) the owner of such property is the 'occupant
thereof; (b) the dwelling is in serious need of improvement and
does not meet the requirements of the City Buildings and Construc-
tion Code; (c) the dwelling is located in a defined neighborhood
called a "conservation area" which has been approved by the City
Council.
2. Upon selection of the specific property for inclu-
sion in the housing improvement project and upon ascertainment of
the amount necessary to finance such improvements, the owner-
occupant may voluntarily execute a noninterest-bearing promissory
note, payable to the City of Bakersfield within a period to be
specified, in installments, on October 15 and April 15 of each
year, which note shall be secured by a deed of trust on the pro-
perty affected.
3. When such note and deed of trust have been deposited
with the City and approved by the City Attorney, the Community
Development Director may authorize the work agreed upon, and the
revolving fund may be drawn upon by voucher duly authorized by
the City Council to:
(a) Pay a supplier or vendor for necessary material
used or to be used in the improvement.
(b) Pay a contractor, craftsman or laborer for
installation or correction work required.
(c) Pay costs incidental to the work and documenta-
tion. · ,
4. Not earlier than five days after satisfactory com-
pletion of the work, and within a zeasonable time thereafter,
the CDD shall record the deed of trust and deposit the note and
recorded deed of trust with the Finance Director, unless prior
to recordation the owner-occupant has paid the note in full. If
such note is paid in full prior to recordation, the note shall be
returned to the owner-occupant and the deed of trust destroyed.
When such note is paid in full subsequent to recordation, the note
shall be returned and a deed of reconveyance executed by the Mayor
and recorded.
5. Monies from said fund may be used for purposes con-
sistent with the objective of the housing improvement project or
to make any payment by voucher duly authorized by the City Council
for the owner-occupant which may preserve continued occupancy or
ownership, under the conditions set forth in this section.
IV
Neighborhood Curb and Gutter Project
A. Objective. The objective of this neighborhood improve-
ment project is to assist in the upgrading of older neighborhoods.
The curb and gutter project is designed to supplement other con-
servation projects described in this resolution and related cleanup
projects. Where feasible, these conservation projects will be
used in combination in achieving the stated objective. It is
intended that the curb and gutter project will be offered in
appropriate cases as an incentive for more complete participation
by property owners in the whole community development program.
B. Project Description. A total of $15,000 is budgeted for
the curb and gutter project in the first action year. This money
will be placed on account with the City Finance Director in a curb
and gutter declining revolving fund and will be expended for the
construction of curbs and gutters in older residential neighbor-
hoods where none presently exist, in accordance with City Council
approval and the procedures outlined below.
C. Procedures. The specific procedures for implementing
the curb and gutter project are as follows:
1. Selection of the conservation areas for inclusion
in the curb and gutter program will be made by the City Council.
Criteria for selection of such neighborhoods shall include:
(a) environmental conditions; (b) housing conditions; (c) willing-
ness of property owners to participate; and (d) timing coordination
with other appropriate neighborhood improvement and community
development programs.
2. Property owners in each such selected neighborhood
or portion thereof, will decide the extent of the curb and gutter
project areas to be included in each work project, subject to the
willingness of such property owner therein to participate in accord-
ance with these procedures.
3. The total cost to the participating property owners
for constructed-curbs and gutters shall be $2.00 per lineal front
foot of property; owners of corner lots shall also pay $2.00 per
lineal foot for up to one-half of the side street frontage.
4. Said total cost to the individual participating
property owner shall be calculated and billed to him by the Public
Works Director. The amount billed to the individual property owner
may be deposited in trust, in whole or in part, in cash, with the
City Finance Director, prior to the beginning of any work. The
amount so deposited will be credited to the property owner pay-
ing same upon completion of the work.
5. In the event the participating property owner and/or
owners has/have not paid the amount billed to him/them in full
within the time to be specified, for the work project, the balance
owing shall be evidenced by a promissory note signed by such owner
and/or owners, without interest, payable to the City of Bakersfield
within three years, in installments on October 15 and April 15 of
each year, which note shall be secured by a deed of trust on the
property affected.
6. When all monies have been'paid as billed, or in lieu
thereof, when all required and appropriate papers, documents, notes
and deeds of trust have been fully executed and approved by the
City Attorney, the Public Works Director or his designated repre-
sentative will order the curb and gutter installed in accordance
with City standards.
7. Not earlier than five days after satisfactory com-
pletion of the work, and within a reasonable time thereafter, the
CDD shall record the deed of trust and deposit the note and recorded
deed of trust with the Finance Director, unless prior to recordation
the owner-occupant has paid the note in full. If such note is
paid in full prior to recordation, the note shall be returned to
the owner-occupant and the deed of trust destroyed. When such
note is paid in full subsequent to recordation, the note shall be
returned and a deed of reconveyance executed by the Mayor and
recorded.
8. The curb and gutter work projects shall be funded
from the amount budgeted in the Community Development Program to
pay the costs not billed to the participating property owner,
including the balance of the side street frontage on corner lots,
street cross drains, driveway aprons, matching existing concrete,
excessive cuts or fills and paving material.
9. The City shall contribute the labor for matching
street work to the gutter and other incidental expenses, including
engineering and legal work.
V
Blight Eradication/Downtown Revitalization
A. Objectives. The objectives of this community development
project are to remove deteriorated buildings from selected sites
in the City (spot blight removal) and provide assistance in obtain-
ing downtown parking and assistance to redevelopment projects.
B. Project Description. A total of $86,000 is budgeted for
this project in the first action year. This money is intended to
be placed on account with the City Finance Director in a land bank
revolving fund to be administered by the Community Development
Director to: (1) purchase vacant, deteriorated or blighted pro-
perties and to clear and resell them for development;and (2)
loan funds to the Redevelopment Agency or Parking Authority for
land acquisition purposes, in accordance with City Council approval
and the procedures outlined below.
C. Procedures. The specific procedures for implementing
this project are as follows:
1. The CoLxm~unity Development Director, with City Council
approval, is authorized to negotiate for and purchase properties
within the City which properties have been selected in accordance
with the following criteria:
(a) The building or buildings thereon are vacant
and unfit or unsafe to occupy because of age, obsolescence, deter-
ioration, or dilapidation, or
(b) The property iS unimproved, and
(c) There is a determination that the property,
when cleared, can be used to support a new development or provide
necessary parking, or would further the objective of spot blight
removal.
2. No acquisition of real property under this project
shall result in the J'displacement" of any person within the mean-
ing of the federal Uniform Relocation Assistance Law (Title 43,
Section 4601 et seq., USCA) or the State Relocation Assistance
Law (Section 7260 et seq., Government Code).
3. Prior to negotiation for the purchase of real pro-
perty the Community Development Director, in cooperation with the
City Purchasing Agent, shall secure an appraisal thereof and not
less than the fair market value of such property shall be paid
therefor.
4. All acquisitions of property under this project
shall be by negotiation and shall be in compliance with all appli-
cable local, state and federal law and in accordance with City
policies applicable to acquisition of real property and shall
require City Council approval.
5. The City Council will, by a general resolution,
authorize the Community Development Director to accept and con-
sent, upon behalf of the City, to recordation of deeds or grants
conveying an interest in real property to the City of Bakersfield,
in connection with this project, under the authority of Section
27281 of the Government Code.
6. At any time after acquisition of real property under
this project, the Community Development Director, in cooperation
with the City Purchasing Agent, is authorized to negotiate for
City Council approval, a sale of such property, consistent with
the objectives of this project and in accordance with all legal
requirements and City fiscal procedures, and he is authorized to
subordinate for the construction 'period the deed of trust given
at time of purchase, primarily for the purpose of supporting new
development on such property; and the Mayor shall execute all legal
instruments and documents to carry out the authority granted to the
Community Development Director by the City Council.
10.
7. The Finance Director may pay costs authorized by
the CDD, incidental to the purchase, sale or subordination, from
the fund budgeted for this project.
8. The Finance Director with City Council approval may
also loan money from the land bank revolving fund to the Bakersfield
Redevelopment Agency or the Parking Authority of the City for
land acquisition, as authorized by the CDD, such loan to be evidenced
by a promissory note payable within three years.
VI
Tree Project
A. Objectives. The objective of this project is to assist
in the improvement of the community environment through the plant-
ing of trees.
B. Project Description. A total of $2,000 is budgeted during
the first action year to establish a tree program. Funds will be
used to fence off an area of City land for a tree farm, buy, through
the Purchasing Agent, the. necessary irrigation equipment, and pur-
chase approximately 200 trees eight to ten feet in height. These
trees, and additional trees to be purchased in future years, may
be transplanted in conservation areas. The type of trees will be
approved by the Public Works Director or his designee.
VII
Storm Drain Project
A. Objective. The objective of this neighborhood improve-
ment project is to construct storm drain projects in neighborhoods
in order to eliminate excessive flood waters.
B. Project Description. A total of $75,000 is budgeted
during the first action year to construct three storm drain pro-
jects. These have been identified as the Monitor and Pacheco
Storm Drain Project, ~" Street Storm Drain Project, and 19th
and Haley Street Storm Drain Project.
11.
C. Procedures. The procedures for implementing the Storm
Drain Project shall be in accordance with the procedures for
similar projects regularly followed by the Public Works Director.
VIII
Administration
A. Objective. The objective of this segment of the Com-
munity Development Program is to utilize existing City adminis-
trative staff on a time-reimbursable basis to implement community
development projects.
B. Project Description. City staff involved in the prepara-
tion and implementation of the community development program will
allocate their time to the appropriate projects. A total of
$25,000 is available for the first year.
o0o
12.
I HEREBY CERTIFY hhat the foregoing resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 24th day of November, 1975, by the
following vote:
AYES: COUNCILMEN BARTON, BLEECI(ER, CHR~S1E[,ISEN, MEDDERS, ROGERS, SCEALES,~tIttN~i.
ABSENY
CITY'~E~and Officio Clerk of
Council of ~~' Bakersfield the
1975