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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